The following terms and conditions apply to all orders with Kupcakes & Company, LLC (hereinafter referred to as “Bakery”), regardless of signed contract. By placing an order and providing payment, you (hereinafter referred to as “Client”) are entering into a contract with Bakery at the time your order is accepted and payment is confirmed.
Custom Orders, Payment and Pickup
Bakery takes pride in baking, creating, and decorating unique and personalized cakes, cupcakes, and desserts for your special events. Custom orders must be paid in full at the time the order is placed and/or one week prior to your pickup/delivery date. Upon receipt of your custom order payment, Client indicates that an agreement has been reached with regard to specific colors, flavors, designs, sizes, and servings for cake(s), cupcakes, desserts, or products discussed with Bakery staff. Client acceptance of cakes, cupcakes, desserts or products at pick up or delivery indicates acceptance of the agreed upon colors, designs, sizes, and servings for the products. Any questions, concerns, or dissatisfaction with your order should be addressed immediately upon pickup and resolved before the product leaves our facility or at the time of delivery.
Cancellations
Any changes to your order or cancellation of your order must be made no later than one week prior to your pickup/delivery date. Due to the handcrafted nature of our products, we are unable to provide refunds or exchanges for cancellations received less than one week prior to your pickup/delivery date. All custom orders not picked up on the agreed upon pickup/delivery date will be considered cancelled by the Client and no refund or exchanges will be issued.
Allergens
Bakery makes no guaranty, representation or warranty whatsoever that its products do not contain or have not come into contact with any particular ingredients. Rather, Client acknowledges and agrees that Bakery’s products may contain or come in contact with milk, wheat, nuts, soy, and other allergens. Client agrees to hold Bakery harmless for any allergic reactions or other personal injury incurred by coming into contact with or consuming Bakery’s goods.
Cake Supports Mechanisms
In order to facilitate the integrity of our cakes, cake toppers, and other cake decorations, we may use wooden dowels and/or floral wire to support these various elements. Client agrees to consult with a Bakery representative to understand the location of any possible support mechanisms and additionally agrees to hold Bakery harmless for any allergic reactions or other personal injury incurred by coming into contact with or consuming Bakery goods.
Photography, Video, and Social Media
Bakery reserves the right to photograph and/or video record any and all products and reserves the right to use any photographs and/or video for social media, display, or promotional purposes without compensation to you.
Perishable Products and Handling Recommendations
Our cakes, cupcakes, desserts, and products are handmade and created with the finest ingredients. Our products are perishable and the flavor(s), color(s), design(s), and overall presentation will be affected by the elements, improper storage, and mishandling. Food products, especially perishable custom items like cakes, cupcakes, and other Bakery products may not retain moisture and flavor and decor will fade, crack, or change over time if not consumed within a reasonable time frame. Please ask Bakery staff for their recommendations for your specific order if you plan to travel with your order.
Most cake and custom cake orders require special handling and care. These items are best served within 8 hours of your pick-up time. If this is not possible, please consult Bakery’s staff at the time the order is placed on how to properly store the product. Failure to do so may result in an unsatisfactory outcome of your custom design. Bakery cannot guarantee the longevity of perishable products and suggests serving any perishable products as soon as possible to ensure their freshness, flavor, and design. Keep cakes, cupcakes, desserts, and products in cool, dry, dark spaces to avoid any extreme exposure to sunlight, heat, moisture, and permeable smells such as cigarette smoke, perfumes, and other food products.
Returns and Transportation
Due to the nature of Bakery products, we cannot accept any returns. Bakery maintains responsibility for all products while they are in our care. Once products are delivered or picked up by client or by a client representative at either our Elkridge or Clarksville locations, no exchanges or refunds will be issued. Client assumes ALL liability and responsibility for the condition of the cake(s), cupcakes, desserts, or products once they leave our possession. We suggest the following ways to properly and carefully transport your cakes, cupcakes, desserts and products:
- Do not leave cakes, cupcakes, desserts, or products in your vehicle for long periods of time. Perishable items are subject to melting and designs will be altered due to extreme heat and sunlight.
- Bring a friend or family member to help you carry, place, or stow the cakes, cupcakes, desserts or products safely in your vehicle.
- Tiered cakes and large desserts should be secured as much as possible and client should carefully remove the cakes and desserts upon arrival, remaining attentive to the top and sides of the tiered cakes and large desserts.
- Customer is responsible for providing us accurate information about pickup up time, serving time, and any further handling of our products that may alter storage or design.
Force Majeure
Bakery shall not be liable for the losses resulting from nonfulfillment of any terms or provisions of this contract, if Bakery shall be prevented or delayed from performing in whole or in part because of war, riot, strikes, or flood or by any other act or occurrence not within the reasonable control of Bakery, which it could not prevent.
