Who We Are
This Website is owned and operated by O&H Danish Bakery, Inc., located at 1515 Rapids Drive, Racine, WI 53404. O&H Danish Bakery may be referred to as "we" and/or "us" in this Agreement.
O&H Danish Bakery is proud to offer exceptional products. If you are not completely satisfied, please notify us within 30 days of receiving our product. We will exchange the item or credit your account, whichever you prefer. Refunds on shipping and handling are credited only when an item is incorrectly shipped or arrives defective or damaged. Please call us at 1-877-369-3565 Monday-Friday, 7AM-4PM Central Standard Time.
All purchases on the Website are subject to the following terms and conditions.
Purchases by MerchantsAny purchase you make that is for any use other than as a consumer constitutes the purchase of commercial goods and terms of sale shall be construed to be between merchants. Except as agreed in writing, these terms contain the entire agreement between you and O&H Danish Bakery. No representation, affirmation of fact, course of prior dealings, promise, condition or usage of the trade shall be binding on either party. No change, modification, rescission, discharge, abandonment or waiver of these terms shall be binding upon O&H Danish Bakery unless made in writing, and signed on its behalf by an authorized representative. Insofar as any of these terms are not enforceable in any particular jurisdiction, such unenforceable provision shall be deemed not to apply. These terms apply to all commercial sales of products by O&H Danish Bakery except as modified by O&H Danish Bakery´s written agreement, quotes, or confirmations. No additions or modifications are effective unless accepted by O&H Danish Bakery in writing. All other terms are expressly rejected. Orders for goods shall be considered complete upon shipment of a reasonable quantity over or under the amount specified when it is impractical to produce the exact quantity ordered.
Our Trademarks, Copyrights, and Related Intellectual PropertyO&H Danish Bakery™, the "Viking ship icons":, the "Ohlaf Viking mascot", all other trademarks and Website trade dress elements, together with all Content (as defined below) of the Website is owned by O&H Danish Bakery and/or its affiliates and/or licensors. All rights thereto are expressly reserved. You may not copy, distribute, republish, upload, post, modify, or transmit our Content in any way without our prior written consent. Modification or use of our Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you – all title and rights remain with us and/or our affiliates and/or licensors. Limited permission is granted to electronically copy and to print in hard copy portions of this Website for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Website for information input or for ordering goods or services subject to these Terms. As used herein, "Content" means (without limitation) all information, text, graphics, data, design, color schemes, pictures, images, icons, interfaces, software code, trademarks, trade dress, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the Website.
Notice of Copyright InfringementIf you believe that your work appears on this Website in a way that constitutes copyright infringement, please provide us with the following information:
- Pricing and Availability. All prices are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
- Shipping and handling: Shipping and handling costs are included in your total. We determine the most efficient carrier for shipping your order and may select UPS, U.S. Postal Service, or FedEx. Most orders are shipped on the date you request us to ship, Monday through Friday. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. You agree that you will not obtain or direct shipment of product for export.
- Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including products, shipping, handling and any amounts described on this website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
- International Shipments: If you order product to ship outside the United States, we are responsible for all applicable customs and excise duties and taxes. We will do our best to comply, in all respects, with the export laws and regulations of the United States, together with the applicable laws and regulations where the products are ultimately imported to.
- Backorders: If you order something that is not in stock, we will attempt to fill your order as quickly as possible. We strive to notify you whether a product is available at the time you order it. However, sometimes we run out of stock between the time you place your order and when we attempt to fill your order. We will let you know within five days of placing your order about backorders and will not bill your credit card until the backordered item ships.
- Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through this Website may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, these terms and conditions will apply, unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these terms and any other contract or disclosure that we are required to provide to you.
Website Use and Access Our Website is for your personal use only. You may not make any other use of this Website or its Content, including framing, deep-linking, data gathering, and/or data extraction. You may use the Website when and as accessible and/or available. Although it is our intention to have the Website accessible and/or available on a 24/7 basis, we expect that there will be occasions when the Website is not accessible and/or available (e.g., during outages, scheduled maintenance, and for other reasons we determine). We reserve the right to modify or eliminate, and restrict or block access to all or any part of the Website from time to time without notice.
Third Party and Co-Branded WebsitesThis Website contains hyperlinks ("links":) to websites owned and/or operated by persons or entities other than O&H Danish Bakery ("Third Party Websites":). We provide these links as a convenience but unless we specifically say so, we do not endorse the Third Party Websites or anything on them. O&H DANISH BAKERY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF YOUR DEALINGS WITH ANY THIRD-PARTY WEBSITE.
Your ResponsibilitiesYou warrant that you shall not use the Website for any unlawful or prohibited purpose; that you will always provide us with accurate information. You will pay all charges incurred on your credit card, debit card, or other payment method, including any applicable taxes.
- Identification of the copyrighted work you claim is being infringed;
- Identification of the allegedly infringing material on the Website that you are requesting we remove;
- Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in your notification to us is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner´s behalf to assert infringement of copyright and to submit the statement. O&H Danish Bakery´s Copyright Agent for notice of claims of copyright infringement on the Website is O&H Danish Bakery´s Customer Service department, which can be reached at: O&H Danish Bakery, 1515 Rapids Drive, Racine, WI 53404
Local: (262) 631-5398.
Toll free: (877) 369-3565.
You additionally agree that you shall not transmit any content on and/or through the Website that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful or racially, ethnically or otherwise objectionable, harmful to minors, or is considered unsolicited or unauthorized advertising and/or spam.
By using this Website, you also agree not to violate or attempt to violate the security of the Website. Furthermore, you agree not to use or export anything available on and/or through the Website in violation of U.S. export laws and regulations.
Rights You Grant to UsYou grant us, our affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive, right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works from all information and content that you provide to us, in any form, media, software, or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to include the said information and content in a searchable format that may be accessed by users of the Website. Additionally, you grant us the right to use any content, material, information, ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services.
Risk of LossAll products purchased from the Website are transported and delivered to you by an independent carrier. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when we deliver these items to you. O&H Danish Bakery shall not be liable for either delays in deliveries or total failure to deliver due to any cause or event beyond O&H Danish Bakery´s control, including, but not limited to, acts of God, acts of the buyer, acts of civil or military authority, fires or other casualty, labor disputes, floods, war, earthquakes, delays in transportation; inability beyond O&H Danish Bakery´s reasonable control to obtain necessary labor, materials, components or manufacturing facilities; or any other commercial impracticability or cause beyond O&H Danish Bakery´s reasonable control; strikes labor difficulties, delay or defaults of common carriers, or failure or curtailment of O&H Danish Bakery´s source of supply, and in addition, O&H Danish Bakery shall have the right, in the event of the happening of any of the above or other force major contingencies, to cancel this agreement or any part thereof without any resulting liability.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
O&H DANISH BAKERY PRODUCTS AND THIS WEBSITE ARE PROVIDED BY O&H DANISH BAKERY ON AN "AS IS": AND "AS AVAILABLE": BASIS. O&H DANISH BAKERY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, SERVICES, OR THIS SITE OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT.
IN NO EVENT WILL O&H DANISH BAKERY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR PRODUCTS OR THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE CONSUMPTION AND USE OF OUR PRODUCTS OR THIS SITE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and DisputesThis Agreement shall be governed by the laws of the United States of America and the State of Wisconsin, without regard to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You agree that any dispute arising out of or relating in any way to your visit to the Website or to your purchase of products through the Website shall be brought only in the federal and/or state courts located in Milwaukee, Wisconsin. You further agree that venue is proper in any such court, and do hereby submit to the jurisdiction of these courts. If you have in any manner violated or threatened to violate O&H Danish Bakery´s intellectual property rights, O&H Danish Bakery may seek injunctive or other appropriate relief.
IndemnificationYou agree to defend, indemnify, and hold harmless O&H Danish Bakery and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney´s fees and other legal expenses, and judgments of any kind of nature, incurred by O&H Danish Bakery arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal ProvisionsYou agree that this Agreement creates no joint venture, partnership, employment, or agency relationship between you and O&H Danish Bakery. O&H Danish Bakery´s failure to enforce any provisions of this Agreement or respond to a breach shall not constitute a waiver of any right. If any provision in this Agreement is invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement is the entire and final Agreement regarding the Website and its content, and supersedes any prior or contemporaneous communications between O&H Danish Bakery and you regarding the Website and its contents.