Terms of service

Terms and Conditions

Last Updated: 3/8/2024

Overview

The terms “we,” “us,” and “our” refer to Audrey Dunham, Inc. The term the “Site” refers to audreydunham.com or our apps. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the Site.

The term “Service” refers to our provision of the Site and all resource pages available, membership, or apps related to audreydunham.com.

Use of the Site, including all materials presented herein and all online services provided by us, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the site.

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO AGREE TO THESE TERMS AND CONDITIONS, AND THAT YOU DO AGREE TO THESE TERMS AND CONDITIONS.  THESE TERMS AND CONDITIONS INCLUDE PROVISIONS RELATING TO WARRANTY DISCLAIMERS, CERTAIN EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY. If you do not agree to these Terms and Conditions, or if you are not legally competent to agree to them, then you may not use the Site or any services offered on the Site.

Privacy Policy

Please review our Privacy Policy, which describes how we collect, store, and use information about our users. By using or accessing the Site, you acknowledge that you have read and understand our Privacy Policy, and you consent to the data collection, sharing, use, storage and processing activities disclosed in the Privacy Policy.

Use of the Site and Service

Information provided on the Site and via the Service related to Recipes, Food Blogging, and available books and other information are subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation

In order to use portions of the Service, you may be required to create an account and provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order, or a confirmation of an offer to sell. We reserve the right, without prior notification to you, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders may constitute improper use of the Site. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation

About Prices

With respect to items advertised on the Site, we cannot confirm the price of an item until you place your order.  Some items on the Site may be mispriced, despite efforts for accuracy.  If the correct price of an item is higher than the displayed price, we, at our discretion, may either contact you for instructions before shipping, or cancel your order (without charge to you) and notify you of such cancellation. If an item’s correct price is lower than the displayed price, we may refund you the difference to reflect the lower amount and ship you the item.

Product Descriptions

We attempt to be as accurate as possible. We do not warrant that product descriptions, product images, prices, availability, specifications, or other content of the Site or product listing is accurate, complete, reliable, current, or error-free.

We attempt to display as accurately as possible the colors of foods and products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Payment Transactions

You may be asked to supply certain information relevant to a paid transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information.  Any payment information entered on the Site information is sent to our third-party payment processor; we do not see your payment card or account details.  By placing an order on the Site, you hereby authorize and agree that your payment information will be sent to the payment processor and not to us and may be subject to additional terms of the payment processor.

We accept U.S. based cards, including credit, debit and gift cards and payment methods managed by one of the following: Visa, Mastercard, American Express, Discover, JCB, Elo, Shop Pay, Google Pay. We reserve the right to add or discontinue these payment methods at any time without prior notice

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION CONDUCTED ON THE SITE, WHETHER PAYING IN YOUR INDIVIDUAL CAPACITY OR ON BEHALF OF A LEGAL ENTITY.

Risk of Loss

We do not insure shipments of products purchased. This means that the risk of loss and title for such items pass to you upon delivery to the carrier or shipper of such items. We are not responsible for lost or stolen packages.

Shipping; Cancellations; Return Policy

Shipping. If you have any questions regarding your shipment, please see our Shipping Policy.

Returns and Refunds. You may cancel an order before we have packed or staged the order for shipping. If you are in any way dissatisfied with your purchase, please see our Refund Policy, which describes the steps you will need to take.

Damaged or Defective Products. If you make a purchase through the Site and you believe you have received damaged or defective products, then please contact us at hello@autumnsonsbaking.com. Please retain all packaging and products you have received; you may be asked for more information to process your request.

Feedback

We welcome your feedback, testimonials, comments, ideas and reviews about the Services, recipes, books, and products offered through this Site (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to use, such Feedback shall be deemed to be non-confidential, and you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully-paid up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.

Lawful Purposes

You may use the Site and Service for your personal benefit only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Changed Terms

We may at any time and without prior notice, amend these Terms and Conditions, our Privacy Policy and/or the Site. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. The revised Terms and Conditions and/or Privacy Policy supersede all previous versions, notices or statements regarding the Site. If we request, you agree to sign a non-electronic version of these Terms and Conditions.

Please check these Terms and Conditions periodically for updates.

Disclaimer of Warranties

ALL GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR AS TO THE GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE SITE, UNLESS SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, OR COMMUNICATIONS SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, OUR CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Third Party Resources

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us and our parents, affiliates, agents and licensors, and each of their respective employees, officers, and directors or third parties harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of (i) any breach by you of any of these Terms and Conditions, (ii) any use by you of the Site or Service, including any content you submit, post to or transmit through the Site, or (iii) your violation of any rights of any third party or other Site user. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs in these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver; Assignment

These Terms and Conditions constitutes the entire agreement between you and us pertaining to the Site and Service and products available from the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us. These Terms and Conditions, and any rights granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.

Our Intellectual Property

The Site and Service contain intellectual property owned by Audrey Dunham, Inc., including trademarks, copyrights, proprietary information, and other intellectual property (collectively, “Our Marks”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of Our Marks, in whole or in part, without our prior written consent. The arrangement and layout of the Site, including but not limited to, Our Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, product descriptions, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of us or our licensors, or other suppliers. You agree not to use the Site Content in any manner that is likely to cause confusion among customers, that disparages or discredits us and/or our licensors or other suppliers, that dilutes the strength of our or our licensors’ or other suppliers’ property, or that otherwise infringes or misappropriates our or our licensors’ or other suppliers’ intellectual property rights. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE FOR COMMERCIAL USES IS STRICTLY PROHIBITED..

Severability

If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and Conditions and the remaining provisions will continue with full force and effect.

Geographic Restrictions

The Site is operated out of the United States. We make no representation that the Site, or content or information available via the Site, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Site from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.

Mobile Devices

If you use a mobile device to access pages of the Site optimized for mobile-viewing, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Site via your mobile device confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.

You agree that you are solely responsible for all message and data charges that apply to use your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.

Governing Law and Venue

These Terms and Conditions and the relationship between you and us will be governed and construed in accordance with the laws of California, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of Los Angeles County, California.

Violations

Please report any violations of these Terms and Conditions by contacting us at hello@autumnsonsbaking.com.

Accessibility Statement

Autumn Sons Baking Co. strives to have a website that is accessible to individuals with disabilities. Despite our efforts to ensure accessibility on our website, there may be some limitations for some content dependent on the browser, the assistive technology used, or other technical reasons. As we identify any limitations, we will work to correct those areas as soon as possible, identify alternatives, or other solutions. We appreciate your feedback in bringing any limitations or barriers you experience to our attention.

Please know that this is an ongoing process and, if you encounter any difficulty in using this site or the shops connected to it, please email hello@autumnsonsbaking.com for assistance with accessibility issues. We are happy to help.

Contact Us

If you have any questions about these Terms and Conditions or the Site, please contact us at

Autumn Sons Baking Co.
15303 Ventura Blvd. #1600

Sherman Oaks, Ca. 91403
1 (818) 793-5700

hello@autumnsonsbaking.com