Terms & Conditions

Terms of Sale

Overview

Welcome to Sourdough Misfit. The terms "we", "us" and "our" refer to Sourdough Misfit. Sourdough Misfit operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Sourdough Misfit is powered by Bakeable, which enables us to provide the Services to you.

The terms below, together with any policies referenced in them (these "Terms of Sale" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights and cover areas such as food allergens, warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or that Privacy Policy, you should not use or access our Services.

1. Access and account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, phone number, billing and payment information, and pickup or delivery details. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

2. Our products

Everything we sell is food, made by hand in small batches. That has consequences worth stating plainly.

Colour, size, shape, decoration and finish vary from batch to batch and from item to item. Photographs on this store show representative examples, not the specific item you will receive, and the way a photograph appears also depends on the device and display settings you are using.

Baked goods are perishable. Freshness, texture and shelf life depend on how an item is stored and how soon it is eaten after collection. Any storage or shelf-life guidance we publish is part of these Terms by reference.

We do not warrant that the appearance or quality of any product will meet your expectations or be identical to how it is depicted on this store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

3. Allergens, ingredients and food safety

Read this section before ordering if you or anyone eating our food has a food allergy or intolerance.

Our products are made in a kitchen that handles allergens, which commonly include wheat and other cereals containing gluten, eggs, milk, soy, peanuts, tree nuts, sesame and sulphites. Unless we state otherwise in writing for a specific product, you should assume that any product may have come into contact with any of these.

We do not operate a certified allergen-free facility. We cannot guarantee that any product is free from any particular allergen, and we cannot guarantee the absence of cross-contact.

Ingredient and allergen information we publish is provided in good faith and to the best of our knowledge, and reflects the recipe and suppliers in use at the time it was written. Suppliers change ingredients and formulations without notice. If an allergen matters to you, contact us before you order and confirm it for the specific item, on the specific date.

Our full allergen and cross-contact policy is published at https://sourdough-misfit.bakeable.co/policies and forms part of these Terms. Where that policy is more specific than this section, that policy governs.

You are responsible for checking ingredients and allergen information before consuming any product, and for informing anyone you serve our food to.

4. Orders

When you place an order, you are making an offer to purchase. Sourdough Misfit reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Sourdough Misfit confirms acceptance. We must receive and process your payment before your order is accepted.

Because our products are made to order in limited batches, we begin work against confirmed orders. Please review your order carefully before submitting it, as we may be unable to accommodate a cancellation request once an order is accepted.

If we do not accept an order, or change or cancel one, we will attempt to notify you using the email address or phone number provided when the order was made.

Your purchases are subject to cancellation, change, return or refund solely in accordance with our store policies, published at https://sourdough-misfit.bakeable.co/policies.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

5. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include taxes, delivery fees or other charges.

Prices posted in this store may differ from prices offered at a market stall, in person, or through any other channel we sell through. We may from time to time offer promotions that affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and contact information for every purchase, and to promptly update it — including your email address, phone number, card number and expiry date — so that we can complete your transactions and reach you about them.

You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorized to use the payment method for the purchase, (iii) charges you incur will be honoured by your payment provider, and (iv) you will pay the charges you incur at the posted prices, including any delivery charges and all applicable taxes.

6. Fulfilment: pickup and delivery

Most orders are collected in person at a time and place we specify. Some orders may be delivered locally where we offer that.

Pickup windows, pickup locations, delivery areas, delivery fees and the notice we require are set out in our pickup and delivery policy at https://sourdough-misfit.bakeable.co/policies, which forms part of these Terms.

All fulfilment times are estimates and are not guaranteed. We are not liable for delays caused by weather, equipment failure, supply problems, traffic, or other events outside our reasonable control. If we cannot fulfil an order on the agreed date we will contact you to reschedule or refund it.

Because the products are perishable, orders that are not collected within the stated pickup window may not be held, remade or refunded. Our policy sets out what happens to an uncollected order.

Risk of loss and title pass to you when the order is collected by you or, for a delivery, when it is left at the delivery address you provided. You are responsible for providing a correct address and for arranging safe receipt of perishable food.

7. Subscriptions and recurring orders

Where we offer a subscription, you are agreeing to a recurring order at the cadence shown at checkout.

A subscription renews automatically until you cancel it. Each renewal is charged to the payment method on file at the price then in effect for that subscription. We will tell you before a price change takes effect for your subscription.

You may cancel at any time from your account or by contacting us using the details at the end of these Terms. A cancellation takes effect for the next unbilled cycle; an order that has already been charged and is already in production may not be cancellable. Skipping, pausing and cut-off times for changes are described in our subscription policy at https://sourdough-misfit.bakeable.co/policies.

We may cancel or suspend a subscription if payment fails, if we can no longer fulfil it, or if we stop offering it. If we cancel, we will not charge you for cycles not fulfilled.

8. Cancellations, changes and refunds

Food we have made to order cannot be resold, so our cancellation, change and refund rules are stricter than they would be for a durable good, and they depend on how far in advance you tell us.

Those rules are published in full at https://sourdough-misfit.bakeable.co/policies and form part of these Terms. They are the operative terms for any cancellation, change, return or refund. Nothing in this section limits any right you have under applicable consumer protection law.

If something is wrong with your order, contact us using the details at the end of these Terms as soon as possible, and before the product is consumed or discarded where that is practical.

9. Intellectual property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Sourdough Misfit, its affiliates or its licensors, and are protected by copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or shall be construed as granting a licence or other right to you under any patent, trademark, copyright or other intellectual property of Sourdough Misfit, Bakeable or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted here are reserved by Sourdough Misfit.

Sourdough Misfit's names, logos, product and service names, designs and slogans are trademarks of Sourdough Misfit or its affiliates or licensors. You must not use them without prior written permission. Bakeable's name, logo, product and service names, designs and slogans are trademarks of Bakeable. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

10. Optional tools

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through this store is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may in future offer new features through the Services. Any such feature is also part of the Services and is subject to these Terms.

11. Third-party links

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damage related to your access of any third-party website, or your purchase or use of any product, service, resource or content on a third-party website. Please review the third party's policies and practices carefully before you engage in any transaction with them. Complaints, claims, concerns or questions about third-party products and services should be directed to that third party.

12. Relationship with Bakeable

Sourdough Misfit is powered by Bakeable, which enables us to provide the Services to you. However, any sale or purchase you make in this store is made directly with Sourdough Misfit.

By using the Services, you acknowledge and agree that Bakeable is not responsible for any aspect of any sale between you and Sourdough Misfit, including any injury, damage or loss resulting from products or services you purchase, and including any allergic reaction or other consequence of consuming food purchased through this store. Bakeable does not make, handle, package, label, store or deliver any product sold here, and does not verify the accuracy of any ingredient, allergen or nutritional information published by Sourdough Misfit.

You expressly release Bakeable and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Sourdough Misfit.

13. Privacy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read it.

Because the Services are hosted by Bakeable, Bakeable collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to and shared with Bakeable, and with third parties that may be located in countries other than the one you live in, in order to provide those services. See our Privacy Policy for details of how we, Bakeable and our service providers use your personal information.

14. Feedback

If you submit, upload, post, email or otherwise transmit any idea, suggestion, feedback, review, proposal, plan or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. We may use that licence, for example, to operate, evaluate, improve and promote the Services.

You represent and warrant that (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting it; and (iii) it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or to violate any party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, will not be libelous or otherwise unlawful, abusive or obscene, and will not contain any virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

15. Errors, inaccuracies and omissions

Occasionally there may be information on the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, ingredients, pricing, promotions, offers, fees, fulfilment times or availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

16. Prohibited uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local law, rule, regulation or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate us, our staff or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters or spam; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Sourdough Misfit, Bakeable or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or any other malicious code affecting the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website.

We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

17. Termination

We may terminate this agreement or your access to the Services, or any part of them, in our sole discretion at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provision that by its nature should survive termination.

18. Disclaimer of warranties

The information presented on or through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY Sourdough Misfit, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL Sourdough Misfit, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF BAKEABLE AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

20. Indemnification

You agree to indemnify, defend and hold harmless Sourdough Misfit, Bakeable, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

21. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination does not affect the validity and enforceability of the remaining provisions.

22. Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules we post on this store constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior version of these Terms.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

23. Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

24. Governing law

These Terms and any separate agreement by which we provide you Services are governed by and construed in accordance with the laws of the jurisdiction in which Sourdough Misfit is located, without regard to its conflict of law rules. You and Sourdough Misfit consent to venue and personal jurisdiction in the courts of that jurisdiction.

Nothing in this section deprives you of the protection of the mandatory consumer protection laws of the place where you live, or of the right to bring proceedings where those laws permit.

25. Headings

The headings in these Terms are included for convenience only and do not limit or otherwise affect them.

26. Changes to these Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting the update to this store. It is your responsibility to check this page periodically. We will notify you of any material change in accordance with applicable law, and the change will take effect on the date specified in that notice. Your continued use of or access to the Services after a change is posted constitutes acceptance of it.

The version of these Terms in effect when you place an order is the version that governs that order.

27. Contact information

Questions about these Terms should be sent to us at kelly@kellyliston.com.

Our contact information:

Sourdough Misfit
kelly@kellyliston.com
6027963430
150 E Lamar Road, Phoenix, AZ 85012, US