Cake Policies
1. Custom orders
When order a custom order (not part of the Signature Cakes and Cupcakes), we ask for a minimum of 5-7 days’ notice. To book your order we require a minimum deposit of 30% on cakes/cupcakes and minimum 50% deposit on cookies. Deposits are non-refundable if order is cancelled within 4 business days prior to pick up. Orders must be finalized a minimum of 4 days prior to pick up. Changes to design, flavour, size, etc may not be made thereafter.
Price is based upon individual orders. This will vary based on size, complexity of decorating and icing selection.
2. Signature Cakes and Cupcakes
Designs and sizes are as indicated. Options are as indicated in the menu. Must be ordered a minimum of 48 hours prior to pick up date (not including Sundays and/or holidays). If order is cancelled within 48 hours no refund will be given. Signature Cakes and Cupcakes have an added value pricing when ordered online only.
Limitations on Your Use of Services
You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the service. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.
Payment
You acknowledge and agree that for each order you place through the service, the full cost of item you order will be assessed against your credit card, charge card. You acknowledge and agree that a command originating from your account constitutes an authorization for the service to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account. The service will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the website.
Date to Order
Cakes by Design requires that you place online orders 48 hours in advance. No orders will be processed if not order within the 48 hour timeline.
Refund Policy
You acknowledge that Cakes by Design is not responsible for full or partial refunds on purchases of items or related order fulfillment charges. Contact Cakes by Design directly with the phone number provided as soon as possible to request a full or partial refund. NO REFUNDS WILL BE GIVEN FOR ANY ORDERS PLACED WITHIN 48 HOURS.
Modification of the Agreement
The website may amend, supplement, or modify this agreement from time to time by posting the amended agreement on the site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the services.
Indemnification
You agree to indemnify, defend and hold harmless the website, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the services, (b) your use of or access to the services, (c) your violation of this agreement, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.
Intellectual Property
The services contain copyrighted and/or proprietary subject matter that is owned by Cakes by Design and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin (“Marks”) that appear on or in connection with the services are the property of Cakes by Design and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.
Limitations on Your Use of Services
You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the service. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THE WEBSITE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF THE WEBSITE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS IS LIMITED TO ONE HUNDRED DOLLARS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Privacy
The website has an unrestricted right to collect and use any personal information you provide in connection with the services, provided that any such use shall be in accordance with our Privacy Policy available publicly on the website. If you use the services, you are accepting the terms and conditions of our Privacy Policy.