Last updated: May 2025

Overview

This website is operated by Bánh Bakery Co., a California corporation. Throughout the site, the terms "we," "us," and "our" refer to Bánh Bakery Co. We offer 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 ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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.

Our website is hosted on Squarespace. We use Square and Hotplate to capture and manage orders, and Square for payment processing and email marketing.

Any new features or tools added to the current site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates 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.

Section 1 - Access and Eligibility

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

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. A breach or violation of any of these Terms will result in immediate termination of your access to the Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including payment card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Payment 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 without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Our Products

Bánh Bakery Co. offers small-batch cookies and baked goods available for order online, at pop-up events, and through catering. We have made every effort to display our products as accurately as possible on our website. However, we cannot guarantee that your device's display of any color or appearance will be fully accurate.

All product descriptions, flavors, and availability 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 may limit quantities available to any person, geographic region, or jurisdiction on a case-by-case basis.

We do not warrant that the quality of any products, services, or other material purchased or obtained by you will meet your expectations.

Section 4 - Allergen and Dietary Disclaimer

Our products are produced in a shared commercial kitchen using shared equipment. Our kitchen environment handles common allergens including but not limited to wheat, eggs, dairy, tree nuts, peanuts, sesame, and soy. Because equipment and surfaces are shared with other food producers, we cannot guarantee that any product is free from cross-contact with allergens, even when allergens are not listed as ingredients. Our products are not suitable for those with severe allergies or certain dietary restrictions.

It is your responsibility to review ingredient and allergen information before placing an order. If you have questions about specific ingredients or allergens, please contact us at hello@banhbakeryco.com before ordering. By placing an order, you acknowledge and accept the inherent risks associated with food allergies and dietary sensitivities, including those arising from shared kitchen and equipment use.

Section 5 - Orders

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

Please review your order carefully before submitting. Due to the small-batch and perishable nature of our products, we may be unable to accommodate cancellation or modification requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at the time the order was placed.

We reserve the right to limit or cancel quantities per person, per household, or per order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed for commercial resale or redistribution.

Your purchases are subject to our Refund Policy, which is described in Section 6 below.

Section 6 - Refund Policy

Due to the perishable nature of our baked goods, all sales are final. We are unable to accept returns or exchanges on any products once an order has been placed and confirmed.

Once an order has been picked up, we are not responsible for storage, handling, or any changes in product quality resulting from improper storage after pickup. We recommend consuming our products within the timeframe noted on your packaging or order confirmation.

If you believe there is an issue with your order at the time of pickup, please notify us immediately before leaving. We will do our best to address any concerns on a case-by-case basis at our sole discretion.

Section 7 - Pickup and Local Delivery

At this time, Bánh Bakery Co. offers order pickup and local delivery only. We do not currently ship products. Pickup and delivery details, including available windows and locations, will be communicated at the time of order confirmation.

We are not responsible for issues arising from a customer's failure to collect an order during the designated pickup window. As our products are perishable, uncollected orders may not be eligible for a refund or reschedule.

We plan to offer shipping in the future. When shipping becomes available, additional terms and conditions related to shipping, transit times, and carrier liability will be added to this section and will apply to all shipped orders.

Section 8 - 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 reflected in your order confirmation.

You agree to provide current, complete, and accurate purchase and payment information for all orders. You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred, including any applicable taxes.

We may offer promotions from time to time that are governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.

Section 9 - 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 as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

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 10 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or order details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Section 11 - Our Platforms: Squarespace, Square, and Hotplate

Our website is hosted by Squarespace. Orders are captured and managed through both Square and Hotplate, and payment processing is handled securely through Square. By using our Services, you acknowledge that information you submit may be transmitted to and processed by these platforms. Any sales and purchases made through our site are made directly with Bánh Bakery Co. Neither Squarespace, Square, nor Hotplate is responsible for any aspect of your transaction with us, including any injury, damage, or loss resulting from purchased products.

You can review each platform's privacy and terms policies at squarespace.com, squareup.com, and hotplate.com.

Section 12 - Intellectual Property

Our Services, including but not limited to all trademarks, brand assets, text, images, graphics, photography, recipes, product names, and the design, selection, and arrangement thereof, are owned by Bánh Bakery Co. or its licensors and are protected by U.S. copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

Bánh Bakery Co.'s name, logo, product names, designs, and slogans are trademarks of Bánh Bakery Co. You must not use such marks without our prior written permission. All rights not expressly granted herein are reserved by Bánh Bakery Co.

Section 13 - Feedback and Submissions

If you send us ideas, suggestions, feedback, reviews, or other materials, whether online, by email, or otherwise, you agree that we may, at any time and without restriction, use, edit, copy, publish, distribute, and translate such submissions in any medium for any purpose, including to operate, improve, and promote our Services.

We are under no obligation to maintain your submission in confidence, pay compensation for it, or respond to it. You are solely responsible for the accuracy of any feedback or content you submit. We take no responsibility for any submissions posted by you or any third party.

Section 14 - Third-Party Links and Tools

Our website may contain links to third-party websites or provide access to third-party tools. We are not responsible for examining or evaluating the content, accuracy, or practices of any third-party sites or tools. We do not warrant and will not have any liability for any third-party materials, websites, products, or services.

Any use of optional third-party tools is entirely at your own risk. Please review the relevant third party's policies and practices before engaging in any transaction. Complaints or questions regarding third-party products or services should be directed to the third party.

Section 15 - Prohibited Uses

You may use our Services for lawful purposes only. You are prohibited from using the site or its content:

• For any unlawful purpose or to solicit others to perform unlawful acts

• To violate any international, federal, state, or local regulations or laws

• To infringe upon or violate our intellectual property rights or those of others

• To harass, abuse, harm, defame, intimidate, or discriminate against any person

• To submit false or misleading information

• To upload or transmit viruses or any malicious code

• To collect or track the personal information of others

• To spam, phish, scrape, or crawl our site

• To interfere with or circumvent the security features of our Services

We reserve the right to suspend or terminate your access to our Services for violating any of these prohibited uses.

Section 16 - Privacy Policy

Your submission of personal information through our site is governed by our Privacy Policy, which can be viewed at https://www.banhbakeryco.com/privacy-policy.

Section 17 - Disclaimer of Warranties

The Services and all products offered through the Services are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of our Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from use of the Services will be accurate or reliable. Some jurisdictions do not allow the disclaimer of implied warranties, so the above may not apply to you in full.

Section 18 - Limitation of Liability

To the fullest extent permitted by law, in no case shall Bánh Bakery Co., our officers, directors, employees, affiliates, agents, contractors, 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 Services or any products purchased using the Services, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or 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 19 - Indemnification

You agree to indemnify, defend, and hold harmless Bánh Bakery Co. and our officers, directors, employees, affiliates, agents, contractors, licensors, and service providers 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 of Service, your violation of any law, or your violation of the rights of a third party.

Section 20 - Severability

If any provision of these Terms of Service 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 shall not affect the validity or enforceability of any other remaining provisions.

Section 21 - Termination

The obligations and liabilities of both parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use 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, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

Section 22 - Entire Agreement and Waiver

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with our Privacy Policy and any other policies or operating rules posted on our site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

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

Section 23 - Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 24 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California. You and Bánh Bakery Co. consent to venue and personal jurisdiction in the state and federal courts located in California.

Section 25 - Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes. We will notify you of any material changes as required by applicable law.

Section 26 - Contact Information

Questions about these Terms of Service should be directed to us at:

Bánh Bakery Co., a California corporation hello@banhbakeryco.com 3371 Gonzaga Pl., Santa Clara, CA 95051 408-444-5688