IRON ROSE BAKERY TERMS OF SERVICE

OVERVIEW

Welcome to Iron Rose Bakery! The terms "we", "us" and "our" refer to Iron Rose Bakery, a cottage food operation located in Amarillo, Texas. Iron Rose Bakery operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with quality baked goods (the "Services"). Iron Rose Bakery is powered by Shopify, which enables us to provide the Services to you.

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

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

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

SECTION 1 - COTTAGE FOOD OPERATION NOTICE

Iron Rose Bakery operates as a cottage food production operation under the Texas Cottage Food Law (Texas Health and Safety Code, Chapter 437). Our products are made in a home kitchen that is not inspected by the Texas Department of State Health Services or a local health department. We hold a valid Texas Cottage Food Production Operation registration (Registration #10236) and all food handlers maintain current food handler certifications.

IMPORTANT: By Texas law, cottage food products are not available for resale and may only be sold directly to consumers. All products are made to order and must be picked up or delivered within the Amarillo, Texas area.

ALLERGEN WARNING: Our products may contain or come into contact with common allergens including wheat, eggs, milk, soy, tree nuts, and peanuts. If you have food allergies, please contact us before placing an order to discuss ingredients and potential cross-contamination risks.

SECTION 2 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age or the age of majority in your state of residence, and 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 accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your name, email address, phone number, billing, payment, and pickup/delivery information. You represent and warrant that all the information you provide is correct, current and complete.

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

SECTION 3 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Custom Baked Goods: Because our products are made fresh to order, actual appearance may vary slightly from photos. We do not warrant that the appearance of any products purchased by you will be identical to photos displayed in our online store, though we strive to match your expectations.

All descriptions of products 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 the quantities of any products that we offer.

Ingredients: We use high-quality ingredients in all our products. If you have questions about specific ingredients, please contact us before ordering.

SECTION 4 - ORDERS AND LEAD TIMES

Order Requirements: All orders require a minimum of one week (7 days) advance notice to ensure we can properly prepare your items. Orders placed with less than one week notice will not be accepted.

Order Acceptance: When you place an order, you are making an offer to purchase. Iron Rose Bakery reserves the right to accept or decline your order for any reason at its discretion, including but not limited to ingredient availability, scheduling conflicts, or capacity limitations. Your order is not confirmed until you receive an order confirmation email from us.

No Cancellations: Once your order is confirmed, cancellations are not permitted. By placing an order, you agree to complete the purchase. We begin preparing ingredients and scheduling production immediately upon order confirmation.

Commercial Use Prohibited: You represent and warrant that your purchases are for your own personal or household use and not for commercial resale. Under Texas Cottage Food Law, our products may not be resold.

SECTION 5 - PICKUP AND DELIVERY

Pickup: Most orders are available for pickup at our location: 4708 Packard Ave, Amarillo, Texas 79108. Specific pickup instructions will be provided in your order confirmation email. You must pick up your order during the scheduled 4-hour pickup window provided in your confirmation.

Early Delivery/Pickup: Please note that we may deliver or make your order available for pickup up to 24 hours earlier than the scheduled date/time. We will notify you if your order is ready early.

Delivery: Limited local delivery may be available for an additional fee. Delivery availability, areas, and fees will be communicated at the time of order. We will make reasonable efforts to deliver within the scheduled timeframe, but we are not liable for delays caused by traffic, weather, or other circumstances beyond our control. Delivery may occur up to 24 hours before the scheduled delivery time.

Perishability: Our products are perishable and should be consumed or properly refrigerated promptly after pickup or delivery. We are not responsible for product quality if proper storage instructions are not followed after transfer to you.

Unclaimed Orders: Orders not picked up during the scheduled 4-hour pickup window will still be charged in full. No refund will be issued for unclaimed orders. You remain responsible for payment even if you do not pick up your order.

SECTION 6 - 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 confirmed and will be set out in your order confirmation email. Posted prices do not include delivery fees if applicable.

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

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

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

SECTION 7 - REFUND AND QUALITY GUARANTEE

Quality Issues: We take pride in our products and want you to be satisfied. If you receive a product that is damaged, spoiled, or significantly different from what you ordered, please contact us within 2 hours of pickup or delivery with photos of the product at ironrosebakery@gmail.com or (806) 367-2392. We will work with you to resolve the issue, which may include a replacement, credit toward a future order, or refund at our discretion.

No Refunds for:

• Cancellations (cancellations are not permitted once order is confirmed)

• Products that were properly made according to your specifications but don't meet your taste preferences

• Unclaimed orders

• Products damaged or spoiled due to improper storage after pickup/delivery

• Quality complaints made more than 2 hours after pickup/delivery

Food Safety: If you believe a product has caused illness, please contact us immediately and seek medical attention if necessary.

SECTION 8 - PRODUCT REPRESENTATION

We have made every effort to display the colors, textures, and details of our products as accurately as possible. However, because our products are handmade and baked fresh, and because of variations in display screens, we cannot guarantee that your device's display will accurately reflect the actual product appearance.

SECTION 9 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product photos, and the design, selection, and arrangement thereof, are owned by Iron Rose Bakery, its affiliates or licensors and are protected by U.S. 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.

Iron Rose Bakery's name, logo, product and service names, designs, and slogans are trademarks of Iron Rose Bakery. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

SECTION 10 - THIRD-PARTY LINKS AND TOOLS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

Iron Rose Bakery is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Iron Rose Bakery. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Iron Rose Bakery, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Iron Rose Bakery.

SECTION 12 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside. Review our privacy policy [LINK] for more details.

SECTION 13 - CUSTOMER REVIEWS AND FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, photos, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for promotional use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) your Feedback will comply with these Terms; and (iii) your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, or availability. 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 15 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful purpose; (b) to violate any laws or regulations; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to transmit any advertising, spam, or solicitation; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services.

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.

SECTION 16 - TERMINATION

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

The following sections will continue to apply following any termination: Intellectual Property, Customer Reviews and Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy Policy.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY IRON ROSE BAKERY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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.

FOOD PRODUCTS: WHILE WE MAINTAIN FOOD HANDLER CERTIFICATIONS AND FOLLOW SAFE FOOD HANDLING PRACTICES, WE MAKE NO WARRANTIES REGARDING THE SUITABILITY OF OUR PRODUCTS FOR INDIVIDUALS WITH SPECIFIC DIETARY RESTRICTIONS, ALLERGIES, OR HEALTH CONDITIONS. IT IS YOUR RESPONSIBILITY TO INFORM US OF ANY ALLERGIES OR DIETARY RESTRICTIONS BEFORE ORDERING.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT FULLY APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL IRON ROSE BAKERY, OUR PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS, OR THOSE OF SHOPIFY 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, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ALLERGIC REACTIONS, FOODBORNE ILLNESS, OR OTHER HEALTH ISSUES, EVEN IF ADVISED OF THEIR POSSIBILITY.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Iron Rose Bakery, Shopify, and our affiliates, officers, employees, agents, contractors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, or (4) any claim related to allergic reactions or health issues arising from your consumption of our products after you have been informed of ingredients or potential allergens.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us constitute 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.

SECTION 22 - 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. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 23 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal law. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Potter County, Texas. You and Iron Rose Bakery consent to venue and personal jurisdiction in such courts.

SECTION 24 - CHANGES TO 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 and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at ironrosebakery@gmail.com.

Our contact information:

Iron Rose Bakery   Email: ironrosebakery@gmail.com   Phone: (806) 367-2392   Address: 4708 Packard Ave, Amarillo, Texas 79108   Texas Cottage Food Registration Number: 10236

Last Updated: 02/15/2026