Terms of Service

Thank you for choosing Conda’s Cakes!

 

Please remember that when placing your order-form it does not secure your order. This gives us a chance to look and review your order while checking availability, time, and supplies. 
 

If your order can be fulfilled for the desired day, an email will be sent with confirmation. All invoices will be sent via Square (to the email provided by customer)

 

These terms of service (“these Terms”) represent the Agreement between Conda’s Cakes, LLC. (“us,” “our,” “we”) and the Customer (“You,” “Client”) (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, the cake flavor, filling, size, design and all details. This is the final decision made by both parties on the final look of the cake.

 

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 @ Conda’s Cakes, LLC.

 

Due to the supply and demand of products (Eggs, Milk, Butter, Etc), prices can fluctuate without notice prior to placing your order throughout the year.

 

1. COVID-19

Due to the ever-changing nature of COVID-19, federal, state and local governments through their health agencies have issued several directives which prohibit congregation of groups of people. This has been occasioned by the fact that COVID-19 is highly contagious and has been proven to spread mainly through person-to-person contact. In light of the foregoing, in the circumstance your event is cancelled, postponed or rescheduled pursuant to a COVID-19 related directive issued by any government entity, we will honor your payment made as a cake credit up to 1 (one) year. You are free to use this credit for any upcoming event; however, the date must be subject to Conda’s Cakes calendar.

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For the purposes of this clause, to postpone shall mean to put off an event, or an appointment while to reschedule shall mean to schedule again with a new time and date set.

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2.DEPOSIT

2.1 A 50% non-refundable deposit/full payment is due at the time of the booking in order to secure the date. Square is used to process all our payments. Square accepts credit or debit.  For custom orders, we send invoices and payment is made through an invoice sent.  All invoices shall be paid by the Client within 48 hours of the sent invoice date.

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2.2 Your order is NOT confirmed until this deposit/payment is received.

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2.3 Your spot on the date of your event may be issued to another client in the event your deposit is not received.

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3.NO REFUNDS

3.1 In no event shall we be required to refund any payment charged for any Order. All Sales Final. No returns or refunds. The sole remedies available to you in the event you cancel the order, or your event is postponed or rescheduled, is a credit on future invoices.

 

3.2 Conda’s Cakes reserves the right to return your deposit money in full at any time and cancel your order. Conda’s Cakes reserves the right to close our book and reject any order for any reason.

 

4. ORDER CHANGES

Changes to your cake order: Size, description, flavors, etc. will be accepted until one month prior to the event date. After that lockout date we cannot accept any changes. No monies will be refunded in the event your order decreases in size or intricacy

 

5. FINAL PAYMENT

5.1 Any remaining balance(s) will be due three (3) days prior to Pick-up/ Delivery for Party Cakes, and (2) two weeks for Wedding Cakes.

 

5.2 We are not obligated to remind you about payment of the final payment within the specified period.

 

6. CHANGES

We may amend the Terms at any time. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

 

7. DISCLAIMER(S)

7.1 Our Kitchen is NOT NUT FREE! Our products may contain or come in contact with milk, wheat, nuts, soy, shell fish & other allergens. You agree to notify your guest of this risk & hold us harmless for allergic reactions.

 

7.2 This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.

 

7.3 MACARONS are made with ALMOND FLOUR.

 

7.4 You are also acknowledging & responsible for all NON-TOXIC items you chose for this order such as highlighter dust & disco dust.

 

7.5 GOLD, SILVER & ROSE GOLD & other colored HIGHLIGHTER DUST are NON-TOXIC!

 

7.6 Cakes will have plastic/wooden dowels inside the cake to support the height, structure, and weight of the cake (the dowels are not edible). Any order with florals (fresh and silk) will be wrapped in Saran Wrap/ Floral tape or plastic straws to keep your food safe! All metallic sprinkles, acrylic toppers, acrylic cake charms, card stock décor and card stock toppers are decorative items and are not to be consumed (inedible). Fondant florals and fondant cupcake toppers are also decorative items and should not be consumed.  Rose Gold drip, Silver Drip, Gold Drip & Colorful foil are non-toxic décor.

 

7.7 In the case of an emergency, please contact us immediately so we can fix the issue right away! If you are unhappy with your cake for any reason, please call us the day of your event and explain the situation. In the rare case that you are unhappy with your cake, you must call the day of your event so your cake can be returned. Only request concerning taste and quality will be considered. Without proof that you are indeed unhappy with the product and will not be using it for your event, we will be unable to refund any portion of your payment.

8. YOUR OBLIGATION(S)

You are responsible for providing an appropriate and secure table/surface and environment for your order.  Cakes are heavy and require a sturdy table, and optimal room temperature of 70 degrees or below. Before serving, store cake in a cool place away from bright lights. Kindly do not place your cake outside for any outdoor event. We are not responsible for any damage to the cake after setup is complete.

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9. PACKAGING

At Pick up, your cake 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 cake box down. All information regarding Traveling with your custom cake will be posted on the cake box.

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10.PICK-UPS/DELIVERY
All orders must be picked up at the pre-arranged pick-up time. If you are more than 20 minutes late, you will have to pick up you order the following business day, and we will give you 2 time options to select from.

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Delivery is available for orders that includes a 2+ tier cake if the time and date is available. Delivery fee will be calculated by delivery address milage/drive time from 76036 zip code.

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Delivery/Set-up costs vary. If delivery is not prepaid; cake will NOT be delivered.NO EXCEPTIONS 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 Conda’s Cakes possession.

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Wedding cake delivery is MANDATORY. The cake might be delayed due to traffic conditions; we try our best to deliver by the time stated on your Invoice. We guarantee a 1-hour delivery window. If not met, ONLY delivery fee will be refunded. 

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11. 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 cake once it leaves Conda’s or the staff’s possession.

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12. APPLICABLE LAW

You agree that the laws of the State of Texas without regard to principles of conflict of laws; will govern these Terms and any dispute of any sort that might arise between you and us.

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13. DISPUTES

13.1 You are required to conduct your own due diligence and proceed with caution when making your orders.

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13.2 We encourage you to try and settle conflicts with us by mutual communication. If for any reason this fails, you can seek judgment from any competent Court of law in the State of Texas.

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14. INDEMNIFICATION

You agree that you will be responsible for your involvement with us when seeking our services, and you agree 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.

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15. COLOR MATCHING, ARTIST DESIGN AND DESIGN CHANGE

In the course of designing the cake/cupcakes/cookies/treats, if there is need for any additions or reductions, Conda’s Cakes has the absolute discretion to make the said changes and/or alterations in order to complete the order.

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Colors will be interpreted to the best of our ability. Please be specific. If you want a specific color, please provide color/fabric swatch (pictures are not swatches). Food color reacts differently, and can also change after sitting for more than 6 hours. Photography can make colors appear differently as well.

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16. INTELLECTUAL PROPERTY

As you are aware, photos for inspiration are welcome. However, Conda’s Cakes cannot do exact replications of the designs requested from another cake artist.

Pictures are welcomed for design inspiration. Conda’s Cakes will incorporate all major themes of the cake example, but will not guarantee the same exact cake.

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17. CHANGES TO INVOICE

You understand that invoices are finalized.

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Square (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.

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18. ACTS OF GOD/FORCE MAJEURE

In no event shall Conda’s Cakes be responsible or liable for any failure or delay in the performance of their 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 Conda’s Cakes 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.

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19. SICKNESS

You acknowledge that Conda’s Cakes has the right to cancel the order in the event Conda (owner of Conda’s Cakes) becomes ill or has 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.

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20. SERVING SIZE

The guest servings for the cake will be listed per inquiry form. Conda’s Cakes is not responsible for cake serving shortage.

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21. ALLERGY RESPONSIBLE

You understand that is your responsibility to inform Conda’s Cakes prior to booking the order if there are any allergy concerns.

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22. 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 rest with you.

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23. PHOTOGRAPHY

On occasion I will photograph our cakes/cupcakes/treats and I reserve the right to use any photographs for display or promotion without compensation to you.

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24. ENTIRETY

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.

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