Terms and Conditions
Terms and Conditions
This agreement is by and between Dulcerella, LLC (“Dulcerella”) and the individual(s) (“Customer”) reflected on the signature line for the purchase as described in this “Wedding Cake Contract”. Dulcerella and Customer hereby agree to the following:
Definitions:
Changes. A change shall be defined as an adjustment (either adding or subtracting) the number of servings of the order as described in this “Cake Order Contract”. Reductions to the number of servings shall not be reduced by no more than 30% from the number of servings stated under (“Number of Servings”).
Deposits and Refunds:
1. Customer’s initial deposit reserves the date and is non-refundable. DUE TO THE NATURE OF A CUSTOM MADE PRODUCT, ALL SALES ARE FINAL. NO REFUNDS AFTER THE PRODUCT HAS BEEN DELIVERED/PICKED UP.
2. When Customer signs “Cake Order Contract”, Customer commits to finalizing design and flavor(s) choice(s). Changes outside the definition of “Changes” (i.e. style, design, colors, etc.) will be subject to a new “Cake Order Contract”, current pricing, and a $50 fee.
Balances
3. Customer agrees to pay balance due no later than the date specified in this “Cake Order Contract” (“Balance Due Date”). Otherwise, contract will be null and void and any deposits made by Customer to Dulcerella will be non-refundable and remain with Dulcerella.
4. Customer acknowledges that the “Balance Due Date” is the last day for adding or subtracting to the total number of servings. Any other changes that fall outside of what is defined as “Changes” will be subject to a new “Cake Order Contract”, current pricing, and a $50 fee.
Reschedules & Cancellations
5. Customer agrees that if they reschedule for any reason or circumstance (planned or unplanned, foreseeable, or uncontrollable), and request is made 14 days or more prior to event, Dulcerella may charge a rescheduling fee of $100, and is subject to Dulcerella’s availability for requested date. If Dulcerella does not have availability on the date requested by Customer, a reschedule will not be possible and Dulcerella shall fulfill the order on the date and time specified under “Event Date” and “Time” in the “Cake Order Contract”. Reschedules requested by Customer less than 14 days prior to event date for any reason or circumstance (unforeseeable or otherwise) will not be possible and Dulcerella shall fulfill the order on the date and time specified under “Event Date” and “Time” in the “Cake Order Contract”.
6. Customer agrees if they choose to cancel the contract for any reason (planned or unplanned, foreseeable, or uncontrollable) and cancellation is requested 14 days or more prior to event, , Customer will forfeit their non-refundable deposit plus any other amounts (custom ingredients, supplies, etc.) specifically obtained for Customer. Customer requests for cancellation of “Cake Order Contract” less than 14 days prior to event, for any reason or circumstance (unforeseeable or otherwise) will not be possible and Dulcerella shall fulfill the order on the date and time specified under “Event Date” and “Time” in the “Cake Order Contract”.
7. Customer agrees that no substitutes to the wedding cake will be permitted at any time. For example, no substituting wedding cake for cupcakes, cake pops, macaroons, etc. Customer agrees, unless otherwise agreed by Dulcerella in “Cake Order Contract”, desserts will be considered an addition to the wedding cake.
8. Customer agrees that Dulcerella shall be the exclusive vendor for event for the following desserts: cakes, cupcakes, macarons and cake pops. Customer understands that the ordering of such desserts from any vendor other than Dulcerella for event may cause reputational damage and harm to the Dulcerella brand. If such is the case, Dulcerella may seek restoration of damages by litigation through civil court.
9. Customer agrees and understands that all other dessert(s) which are not provided by Dulcerella is the sole responsibility of the customer and holds Dulcerella harmless for any injuries, damages, or liabilities that may be incurred by such dessert(s).
10. Seasonal items (including fresh flowers) may incur an additional charge or may be substituted if unavailable for time of baking.
11. Dulcerella shall not be responsible for any damage to the cake after setup is complete. Customer is responsible for providing an appropriate and secure table and environment for the cake(s). Cakes are heavy and require a sturdy table and optimal room temperature of 75 degrees or below.
12. Flowers. Customer agrees that Dulcerella is the only entity that will place flowers on cake. If fresh flowers are provided by an outside source, Customer will be responsible to coordinate delivery of flowers at least 48 hours prior to event date. Customer acknowledges that fresh flowers are not a food product and should not be served. You acknowledge that fresh flowers might wilt when kept out of water for longer periods of time.
13. If Customer 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 our possession.
14. Customer agrees to permit Dulcerella to photograph Customer’s order and gives permission to use any photographs for display or promotion without compensation to Customer.
15. Dulcerella’s products may contain or come into contact with milk, wheat, nuts, soy and other allergens. Customer agrees to notify their guests of this risk and hold Dulcerella harmless for any allergic reactions.
16. Performance of this agreement is contingent upon the ability of Dulcerella to complete the agreement and is subject to accidents, Acts of God, and other causes beyond Dulcerella’s control.
