Terms of service
TERMS OF SERVICE
Thank you for choosing The Cup Can Cake!
These terms of service (“these Terms”) represent the Agreement between The Cup Can Cake. (“us,” “our,” “we”) and the Customer (“You”) (individually, “Party”, jointly, “Parties”).
PLEASE READ these Terms!
By making a payment for your order, you represent and warrant that you have the authority to be bound to these Terms. Accordingly, YOUR PAYMENT SERVES AS A SIGNATURE!
Please review your invoice, the date, and all order details. This is the final decision made by both parties.
If you do not agree to any of the provisions herein, you are welcome to decline the order. But keep in mind these Terms of Service are strongly enforced @ The Cup Can Cake.
1. FINAL PAYMENT
1.1 Full payment is due at the time of the booking in order to secure the date.
1.2 Your order is NOT confirmed until this payment is received.
1.3 Your spot on the date of your event may be issued to another client in the event your payment is not received
2. NO REFUNDS
In no event shall we be required to refund any payment charged for any Order. The sole remedies available to you in the event you cancel the order, or your event is postponed or rescheduled, are a credit on future invoices.
3. DISCLAIMER(S)
3.1 Our Kitchen is NOT NUT FREE! Our products may contain or come in contact with milk, wheat, nuts, soy & other allergens. You agree to notify your guest of this risk & hold us harmless for allergic reactions.
3.2 You are also acknowledging & responsible for all NON-TOXIC items you chose for this order such as highlighter dust. They are not edible but used for enhancing decoration only.
4. YOUR OBLIGATION(S)
You are responsible for providing an appropriate and secure table/surface and environment for your order. Kindly do not place your cake outside for any outdoor event. All items with buttercream (including cakes, cupcakes, cake jars) and dessert shooters will remain refrigerated until pickup. At pickup, customer's transport vehicle should remain air conditioned/cold and delivered directly to venue/home. Cakes, cupcakes, and cake jars should remain refrigerated until 30-60 minutes prior to serving time.
5. PACKAGING
At Pick up, your baked goods will be boxed up and secure for travel back to your destination. Please make sure your vehicle has room and preferably a flat surface to sit the box(es) down.
6. LIMITATION OF LIABILITY
In no event will we be liable to you for any indirect, direct, incidental, special, consequential, or punitive damage arising out of or relating to the baked goods once it leaves The Cup Can Cake’s possession.
7. INDEMNIFICATION
You agree that you will be responsible for your involvement with us when seeking our services, and you agreed to defend and indemnify us from and against every claim, liability, damage, loss and expense including reasonable attorneys’ fees and costs, arising out of or in any way connected with the cake that you order.
8. COLOR MATCHING, ARTIST DESIGN AND DESIGN CHANGE
In the course of designing the baked goods, if there is need for any additions or reductions, The Cup Can Cake has the absolute discretion to make the said changes and/or alterations in order to complete the order.
9. INTELLECTUAL PROPERTY
As you are aware, photos for inspiration are welcome. However, The Cup Can Cake cannot do exact replications of the designs requested from another cake artist.
10. CHANGES TO INVOICES
You understand that invoices are finalized.
The payment processor does not allow you to make any changes to the invoice once the payment has been processed. It is your responsibility to make sure all details are correct before submitting a payment.
11. ACT OF GOD/FORCE OF NATURE
In no event shall The Cup Can Cake be responsible or liable for any failure or delay in the performance of her obligations hereunder arising out of or caused by, directly or indirectly, forces beyond their control, including, without limitation, strikes, acts of war or terrorism, civil or military disturbances, natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer services; it being understood that The Cup Can Cake shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance of services as soon as practicable under the circumstances.
12. SICKNESS
You acknowledge that The Cup Can Cake has the right to cancel the order in the event they become ill or have a family emergency. The Client will be contacted and informed of the same as soon as humanly possible. In addition to that the Client will receive a refund ONLY in such a circumstance.
13. ALLERGY RESPONSIBLE
You understand that is your responsibility to inform The Cup Can Cake prior to booking the order if there are any allergy concerns.
14. FLORALS
In choosing to have fresh flowers arranged on your cake, you acknowledge that fresh flowers are not food products, and may be toxic or contain pesticide/herbicide, residues, dirt, insects, and/or other contaminants. However, all responsibility for the freshness, color, overall condition, and cleanliness of the flowers rests with you.
15. ENTITY
These Terms, together with any other materials referenced in or expressly made a part of these Terms, constitutes the final and entire Agreement between you and us.