When placing an order with Cake Palate Designs, LLC ® (hereinafter “Me”, My”, “I”, "We", "Us", "Our", “Cake Palate Designs, LLC”) you (hereinafter “You”, “Your”, “Customer”, “Client”) agree to the following Terms & Conditions:

 

Your signature or payment on your contract establishes a legally binding agreement between you, and Cake Palate Designs, LLC.

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My Guarantee

I will provide a professionally decorated dessert promptly as specified in the invoice or contract. I appreciate your business and I am honored that you have chosen me for your special celebration. I guarantee that the flavors, size, and general design elements will be met as outlined. If you are not satisfied with my product(s) please let me know at the time you receive your order. Upon visual inspection of the cake and its departure from the premises or delivery, the customer or designee approves the cake's visual appearance and then, waives any rights to a refund based on the style, design, or visual appearance of the cake.

 

Contractual Agreement

Your signature or payment on your contract establishes a legally binding agreement between you and Cake Palate Designs, LLC. Cake Palate Designs, LLC reserves the right to decline to provide our goods or services to a customer. It is our policy to comply with all applicable state and federal laws prohibiting discrimination in employment based on race, age, color, sex, religion, national origin, disability, or other protected classifications.

 

Artistry – When you sign your contract and pay for your order you agree that I reserve the right to exercise artistic licensure to guarantee the structural, visual, and creative integrity of a cake or dessert structure. Custom cakes are a work of art therefore, I will not copy the work of another decorator due to copyright or trademark laws the cake(s) will be as similar as possible. I make every attempt to provide the design as requested including matching colors. Although it may not be possible to match an exact shade, I will come as close as possible. The final product may be subject to slight variations. Also, be aware that exposure to light can cause colors to change. I do not offer discounts or refunds if the exact shade of a color is not achieved, or if a variation occurs due to lighting. If a major variation needs to be made, I will communicate this to the customer and seek re-design approval.

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Artistry Disclaimer – When you pay for your order, you agree that creative changes may be necessary for your final design to ensure stability, and structural integrity in case of an emergency.

 

Date Hold – A non-refundable $100.00 retainer is required to reserve your event date if you are not placing a wedding cake order. The retainer will be applied towards the balance of the cake order if you book with Cake Palate Designs, LLC. All dates are reserved on a first-come, first-paid basis. Until you pay a retainer, your date is not secured, and it is still available for other customer reservations. A signed contract and a deposit of 50% of the order total are due within 30 days of paying your retainer. The remaining balance of your signed contract is due 60 days before the wedding. After 30 days, without a deposit and signed contract, your retainer is forfeited, and your date is no longer guaranteed. 

 

Discrepancies – Bridal, Celebration, and Custom Cakes

Cake Palate Designs, LLC is responsible for the delivery of the paid products as listed on your receipt. Any discrepancies between payment or the product should immediately be brought to the attention of Cake Palate Designs. Please call us directly— please do not email or text. All payment or product discrepancies received by email or text will be disregarded, and are not honorable. Please note that deposits are not refundable or transferable for any reason.

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Payments – We can provide cashless transactions through PayPal, Apple Pay, Google Pay, debit cards, all major credit cards, Zelle Pay, CashApp, or Venmo. No personal checks! Payment in full is still subject to the cancelation and refund policy.

 

Deposit – For Celebration and Custom cakes a 50% deposit and a signed contract are required to hold and confirm all custom cake orders over $75 (excluding online orders). The remaining balance is due ten (10) business days before the pick-up or delivery date. If less than 10 days before pick-up or delivery the balance is due in full. Orders under $75 must be paid in full when ordering. For Bridal and/or Grooms cake order(s) 50% of the order total is due at the signing of the contract unless a retainer is paid. The remaining balance is due in full 60 days before the date of the wedding.

 

Bridal Cancellations – If you cancel your order before the wedding, or before I have a chance to deliver your order to you, you forfeit the entire value of the order. Even if you pre-paid in full, or placed a partial deposit, you will NOT get a refund if you cancel your order before we have a chance to deliver it to you. When I take your event order, I begin the process of declining other orders. As I get closer and closer to your event date, the chances of re-booking your date are greatly reduced. Therefore, there will be absolutely NO REFUNDS, future credit, or date changes permitted under any circumstances. Please refer to the Wedding Terms and Conditions (here) for full details. Please call me directly to cancel— please do not email or text. All cancellation requests received by email or text will be disregarded, and are not honorable.

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Celebration and Custom Cake Cancellations – Once your payment, or deposit has been paid if you cancel a cake order before I have a chance to deliver it, or you or your designee pick it up, there is no refund. Future credit will be provided up to one year (365 days) from the date of cancellation. You have 48 hours to cancel a payment for future credit once your order has been paid, or a deposit secured. Please refer to the Celebration and Custom Cake Ordering Policy (here) for full details.

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Invoicing – If the invoice is not paid in full on or before the due date by Midnight CST you forfeit your order, and absolutely no refund, future credit, or date change will be permitted under any circumstances. At my discretion, if the invoice remains in effect a late fee of 15% of the total order cost (excluding taxes) will be assessed and payment in full is due at the time of confirmation. Order(s) may be donated to charity or resold at the discretion of Cake Palate Designs, LLC.

 

Refunds – All orders are custom baked. I will not offer refunds or exchanges for custom products that meet my quality standards once a cake has been picked up, or delivered and “Accepted” by you, or another designated party. Additionally, under no circumstances will Cake Palate Designs, LLC provide a refund above the cost of the order. All products are the responsibility of the customer once it leaves my possession. Refund requests due to decorating style, color shade, general decoration, or design will not be honored or considered. I only give refunds if the product does not meet the flavor, size, and general description detailed above.

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Cake Flavor and Texture – Cake flavor and textures are subjective. Refunds requested due to flavor or texture after the cake has been accepted and picked up will be solely at my discretion. I may consider a future date credit if the product (minimum 50% of the product in question) is returned to me, and the quality of the cake flavor or texture is determined not to meet my standards within 24 hours of your event. Quality determination is solely at my discretion. My cakes are baked from scratch with all-natural ingredients and need to be kept out at room temperature for at least an hour before serving. Keep in mind, that variations in temperature and humidity may impact the flavor, overall design, or texture of the cake to some degree. Please understand I cannot control changes in texture or changes in color or shape due to weather or other environmental conditions.

 

Cake Decorations – You assume full responsibility for non-edible cake décor being removed from your cake before cutting or serving. This includes but is not limited to name tags, cake toppers or any items standing on the cake, rhinestone decorations, flowers, etc. While some of these items may be made from edible materials, they may not be intended for consumption such as wires, skewers, dowels, or other items used for strength and flexibility to achieve the desired appearance of the cake(s). I strongly advise against eating décor. Be mindful of placing décor items from cakes in reach of, or near children and other guests. Potentially these items might knowingly or unknowingly be ingested. Cake Palate Designs, LLC is not responsible.

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Damaged Cakes – Cake Palate Designs, LLC is not responsible for any damage to the cake after pick-up, delivery, or after setup is complete. I will not replace or refund damaged cakes. You are responsible for providing an appropriate and sturdy table and environment for the cake(s). If you or your representative elect to pick up and set up the cake, you assume all liability and responsibility for the condition of the cake once it leaves the possession of Cake Palate Designs, LLC. Cakes are heavy and require a sturdy table, and an optimal room temperature of 73 degrees Fahrenheit or below. Handle all sugar paste and fondant cakes with care. Cakes with this frosting as a suggestion should be stored in a cool, dry place as refrigeration may cause colors to run or bleed, or fondant to droop. You are responsible for reading and abiding by the additional Disclaimers found (here). Acceptance of your order and signed contract constitutes agreement.

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Colors Disclaimer – Although I make every attempt to provide the design as requested including matching colors, it may not be possible to match an exact shade, but I will come as close as possible. The final product may be subject to slight variations. For certain colors such as pink, purple, blue, or any shade of these colors I cannot and will not guarantee that these colors will not fade or bleed into the surrounding colors of the chosen frosting due to the color instabilities. I suggest not leaving these cakes in sunlight for more than 10 minutes which can result in a bleached looked of that color. I use Cacao (Chocolate) when using black frosting to deter the aftertaste from the black dye. Please bear this in mind if you or your guest has an allergy to chocolate. You agree to the risk and hold Cake Palate Designs, LLC harmless for allergic reactions. See the Allergen Disclaimer (here) for additional details.

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Deliveries  – Scheduling delivery services are on a first-come basis, and are made on the date and time specified on your order form. The delivery time will be confirmed two (2) business days before your event date. Please ensure that you provide updated contact information and an alternate contact person and number if I might need to notify you of any situation that arises or occurs.

 

You must provide clear driving directions to agreed-upon delivery locations given that Google maps or other GPS applications may not be accurate. Please be certain someone is onsite at the time of delivery. If there is no one on hand to receive the order I will wait a maximum of 30 minutes before leaving. Then, you or your designated representative will be responsible for picking up the cake from my location. A late delivery charge of $50 will be due immediately before the order is released. I close daily at 6:00 PM Monday through Saturday, and I am closed on Sunday. I will gladly accommodate certain holidays, weekends, or Sunday orders, but a $50.00 service fee will be added to the order. There will be absolutely NO REFUNDS, or future credit given that I attempted to deliver the cake. A delay in Cake Palate Designs, LLC transit shall not constitute grounds for a discount or refund.

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Disclosure – The client must disclose any adverse road hazards and/or obstacles that may hamper the delivery and quality of finished products. Refunds requested due to imperfections caused by weather, heat, humidity, rain, snow, sleet, ice, freezing rain, labor disputes or strikes, inclement weather, transportation problems, illness, or other factors beyond our control will not be honored. In the case of an unavoidable occurrence or other events beyond our control, such as an act of God, a car accident, poor road conditions, or the dropping of cake during delivery — Cake Palate Designs, LLC cannot be held liable for more than the price of the cake described in the order. That amount will be issued to you within seven (7) to ten (10) business days.

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Fail to Deliver – If Cake Palate Designs, LLC, or its representatives, fail to deliver or have your cake or goods ready for pick-up on the agreed-upon date and time as outlined in your contract but not including unavoidable occurrences, catastrophic events, events beyond our control, or acts of mother nature that forces a pick-up or delivery at a later date. You will receive a full refund of all monies paid. Cake Palate Designs, LLC will be relieved from its obligation for the order goods or perform services if, without fault, the performance of the contract has objectively become impossible or impracticable. 

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​Pick-ups – Pick-up is scheduled at the time of ordering Monday through Friday from 5 PM - 8 PM CST, or on Saturdays 9 AM - 12 PM CST unless other arrangements are made. I will gladly accommodate certain holidays, weekends, or Sunday orders, but a $50.00 service fee will be added to the order. If you cannot make your scheduled time, please call to reschedule. If you do not call to reschedule your pick-up time and are late, a late fee of 15% of the total order cost (excluding taxes) will be assessed and due in full at the time of pick-up. 

 

No Call, No-Show Orders – Any order that is not picked up is forfeited, and absolutely no refund, future credit, or date change will be permitted under any circumstances. Order(s) may be donated to charity or resold at the discretion of Cake Palate Designs, LLC.

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*Revised August 2022

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