Terms & Conditions – The Sweet Stuff

Allergens Found in Our Shop:

Nuts and Nut Byproducts
Pineapple
Eggs and Egg Byproducts
Milk and Dairy Products
FD&C Yellow #5
Wheat

Deposits

We require a 50% non-refundable deposit for all orders and this is due a minimum of 7 days before the date of the event or at the time of ordering.
Due to being a small shop, we can only take so many orders per weekend. If an order is canceled, any payment made on your order is non-refundable. If canceled at least 120 hours (5 days) in advance (based on order date and pick-up time) we will be happy to transfer any payment made on that order to another order within 3 months from that date.

Refunds / Exchanges

Due to the tedious, handcrafted nature of our products, we are unable to provide refunds or exchanges for custom orders

Once you or a designated party has picked up an order and signed for it, it is considered “accepted” – we will ask to make sure that everything is correct such as the design, spelling, etc. Refunds requested due to decorating style, writing, color shade, or general design will not be honored after signing for your cake. In some instances, you may bring the cake back in for design adjustments but this is an additional charge if the cake has been signed for.
All products are the responsibility of the customer once they leave our shop. We are not responsible for any damage occurring to the cake during transport, set-up or any time thereafter. You will be given instructions on how to carry, transport, and store your cake upon pick up. Keep in mind that cakes are very fragile and damages can happen if not handled properly – such as cracks, smudges, melted frosting, etc. We only give refunds under the refund policies stated below.
Cake flavor and texture are subjective. Full refunds requested due to flavor or texture after the cake has been accepted and picked up/delivered will not be honored. You may qualify for a percentage of a store credit if the product is brought back and the quality of the cake flavor or texture is determined to not meet our standards. Cakes must be brought back to us within a timely manner, preferably within 24 hours of pick up/delivery- please call or email us promptly to let us know of the issue. Quality determination is solely at the discretion of The Sweet Stuff. Please understand that we cannot issue refunds for cakes that have already been completely eaten. *Store credit percentages are based on how quickly the cake is returned, how much has been consumed, and what we determine the quality to be. Store credits of any kind will not be issued to customers who do not contact us within 48 hours.

The following scenario is the only instance when we will provide a refund:

If you come to our store for pick up or if upon delivery the cake does not meet your expectations, we will give you a refund (minus 25% handling/cancellation fee). This refund will be given as a store credit (no cash/money refunds will be given) NOTE: If we give you a refund, you CANNOT keep the cake. You can only get a refund if you refuse to “accept” the cake. We will NOT negotiate a partial refund if you keep the cake. This is a “take it or leave it” policy. We are not responsible for any expense you may incur for replacing our cake.
***We do not give refunds under any other circumstances. Refunds are only given within 7 days. ?confusing. Refunds or no refunds?

Cancellation / Changes

Changes and cancellations to retail orders are accepted until 120 hours (5 days) before the scheduled pick-up time. No refunds will be provided for any payments made on the order no matter the amount – if canceled at least 120 hours in advance we will be happy to transfer any payment made on that order to another order within 3 months from that date. We will provide no other refunds regardless of the circumstances. 3D Cakes requires at least one week’s notice if changes want to be made to the cake, to change the date, or to cancel. You will be required to pay the full amount if the order is canceled with less notice. This does not apply to orders that have contracts.

Guarantee / Disclaimer

We do all that we can to make sure that your order is decorated to the specifications on your written order form. Upon pick-up of your cake, adjustments can be made for an additional charge if it was not stated on your original order. If for some reason something is not decorated correctly as stated on your order, we will make the necessary changes right away.
Every order is hand-made. Decorative finishes are done by hand and are subject to the artistic interpretation of our expert cake decorators. You may provide us with a photograph for inspiration and duplication; however, we make no claims for exact duplication of the work done by other cake decorators.

All orders are subject to the policies listed above.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
Country refers to the United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to The Sweet Stuff.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to TheSweet Stuff, accessible from https://thesweetstuffvi.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“As Is” and “As Available” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: orders@thesweetstuffvi.com