Introduction

Welcome to the Havana's Bakery Cafe website (the "Site"). These Terms of Service ("Terms") govern your use of our Site and the services provided by Havana's Bakery Cafe ("we," "us," or "our"). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Use of the Site

1.1 Eligibility: You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you meet this age requirement.

1.2 Account Registration: To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.

1.3 Prohibited Conduct: You agree not to use the Site for any unlawful or prohibited activities, including but not limited to:

• Posting or transmitting any content that is infringing, defamatory, obscene, or otherwise objectionable.
• Engaging in any conduct that could damage, disable, or impair the Site or interfere with any other party's use of the Site.
• Using any automated means to access the Site for any purpose without our express written permission.

2. Orders and Payment

2.1 Order Acceptance: All orders placed through the Site are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason.

2.2 Pricing and Availability: All prices are listed in U.S. dollars and are subject to change without notice. We make every effort to ensure the accuracy of pricing and availability information, but errors may occur. In the event of a pricing or availability error, we reserve the right to cancel any orders affected by such errors.

2.3 Payment: Payment for orders must be made through the payment methods provided on the Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

3. Shipping and Delivery

3.1 Shipping: We offer various shipping and delivery options, which are described on the Site. Shipping and delivery times are estimates and may vary.

3.2 Risk of Loss: All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

4. Returns and Refunds

4.1 Return Policy: Our return policy is described on the Site. Please review the return policy before making any purchases.

4.2 Refunds: Refunds will be issued in accordance with our return policy. All refund determinations are at our sole discretion.

5. Intellectual Property

5.1 Ownership: The Site and its content, including but not limited to text, graphics, logos, images, and software, are the property of Havana's Bakery Cafe or its licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use.

6. Disclaimers and Limitation of Liability

6.1 Disclaimer of Warranties: The Site and its content are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2 Limitation of Liability: In no event shall Havana's Bakery Cafe or its affiliates, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or these Terms, even if we have been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify, defend, and hold harmless Havana's Bakery Cafe, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

8. Governing Law and Dispute Resolution

8.1 Governing Law: These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

8.2 Dispute Resolution: Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Miami-Dade County, Florida.

9. Changes to These Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after the posting of any changes constitutes your acceptance of such changes.

10. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Havana's Bakery Cafe

Phone: (305) 246-8041

Email: info@havanasbakery.com