Terms & Conditions
This website is operated by Cole Hospitality, dba PAUL DMV. Throughout the site, the terms “we”, “us” and “our” refer to PAUL French Bakery & Café. PAUL French Bakery & Café offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Toast. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
The price will be set on our website. Price and availability information are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of service.
SECTION 4 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PAUL French Bakery & Café, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless PAUL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 14 – ALLERGIES WARNING
PAUL products may contain traces of nuts and wheat and other allergens. While we take steps to minimize the risk of cross contamination, we cannot guarantee that any of our products are safe to consume for people with allergies. For full nutritional information on the products within our product range please contact our customer service team.
SECTION 15 – E-GIFT CARD
The PAUL E-Gift Card program allows you to purchase and send a virtual gift card via email or phone. You may choose the dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your E-Gift Card regardless of the date you choose for delivery.
On the requested delivery date, we will send the recipient of your E-Gift Card an email notifying them that they have received an E-Gift Card from you.
Each E-Gift Card has a unique number associated with it no matter how many times the email is printed out. We will only give refunds for unused E-Gift Cards with the original receipt.
Gift Cards are not redeemable for cash except as required by applicable law and then only to the extent required by applicable law.
If you have any questions or concerns about the status of an E-Gift Card, please email us at firstname.lastname@example.org.
We will not accept any E-Gift Card or will limit use of any E-Gift Card or E-Gift Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. PAUL does not control who may sell preloaded E-Gift Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, PAUL has no liability to you for any third-party fraud or unlawful activity associated with any E-Gift Card balance. If PAUL discovers any E-Gift Card or E-Gift Card balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted E-Gift Cards and retain all related E-Gift Card balances without notice to you. We may use retained E-Gift Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load E-Gift Cards.
SECTION 16 – REWARDS & LOYALTY PROGRAM
Toast provides technology services that enable PAUL to offer loyalty and/or rewards programs to guests. By enrolling in any loyalty program offered by PAUL using Toast’s technology services, you expressly agree to these program terms.
You may enroll in the PAUL Rewards Program by signing up online or while placing an order. Once you have enrolled, you may earn points when you make purchases from PAUL DMV, which can later be redeemed for discounts or other benefits. If you initiate a return, chargeback, or refund, points associated with the purchase may be revoked. You may check your current rewards balance by clicking the link you receive when you sign up for the PAUL Rewards Program.
If you choose to enroll in the PAUL Rewards Program, you agree that PAUL may contact you using the contact method(s) you provide with program information, offers, and other marketing and transactional communications. Any information shared by Toast with PAUL is subject to their Privacy Statement. Once PAUL has received information you provide from Toast, the use and governance of that information will be managed by the PAUL.
PAUL is solely responsible for the operation and maintenance of its own loyalty program, including establishing the number of points that you may earn when you make purchases, setting redemption thresholds, and determining how and when points may be redeemed for rewards. PAUL has the ability to modify our loyalty programs and/or to modify or cancel the points balance held by any individual guest. Guest are Responsible for ensuring they login at time of purchase to be eligible to accrue rewards Points, Link credit cards to any loyalty account and to be eligible to redeem any points. Failure to do so will forfeit any right to points accrual or redemption for that specific transaction, PAUL is not be responsible for adding points when guests do not use linked credit cards or login at time of purchase. Guests can check and maintain loyalty rewards information here https://www.toasttab.com/paul-french-bakery-bethesda/rewards . Misuse or suspected misuse of any kind will result in termination of loyalty account. PAUL
Points earned through the PAUL Rewards Program using Toast have no cash value and cannot be transferred, redeemed, or sold for cash. Subject to notice requirements under Applicable Law and Rules, PAUL reserves the right, in its sole discretion and at any time, to modify, suspend, terminate, revalue or cancel its own loyalty program and/or the technology services that enable us to offer loyalty programs through Toast. In the event Toast terminates any loyalty program offered by Toast or by a Merchant, Toast will, in accordance with the Applicable Law and Rules, maintain records of guest’s loyalty points for one year following termination of the loyalty program in the event the loyalty program is reinstated within one year of termination.
PAUL Rewards Program is intended for personal use only. Commercial use is prohibited. PAUL Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in the PAUL Rewards Program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. Misuse or suspected misuse of any kind will result in termination of loyalty account. PAUL Reserves the right to terminate any single guests loyalty account without warning and at its sole discretion.
SECTION 17 – PROMOTIONS
When you use the mobile app, order online, or order in store, you may be eligible to use codes (“Promotion Codes”) at checkout to receive discounts or other promotional offers on purchases (“Promotions”), subject to any terms and conditions of the specific Promotion Code or Promotion. Promotion Codes may not be redeemed for cash and are non-refundable and non-transferrable. PAUL reserves the right to modify, suspend, terminate, or alter the terms of any Promotion Code or Promotion at any time. Promotion codes may not be reused in the event of a cancellation and/or refund.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of United States.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at email@example.com.