Terms and Conditions
TERMS OF SERVICE
Thank you for choosing Flick of the Whisk Cakes!
These terms of service (“these Terms”) represent the Agreement between Flick of the
Whisk Cakes (“us,” “our,” “we”) and the Customer (“You”) (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 and/or cupcake flavor, filling, size,
theme/style, attached inspiration photos 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. Please send an email to flickofthewhiskcakes@gmail.com to decline your order,
but keep in mind these Terms of Service are strongly enforced at Flick of the Whisk
Cakes.
1. Cancelled, Postponed or Rescheduled Orders
In the circumstance your event is cancelled, postponed or rescheduled and notice is
given less than 2 weeks in advance, we will honor your deposit and/or full payment
made as a cake and/or cupcake credit up to 1 (one) year. You are free to use this
credit for any upcoming event within 1 year; however the date must be subject to
Flick of the Whisk Cakes calendar.
For the purposes of this clause, to postpone shall mean to put off an event with date
unknown while to reschedule shall mean to schedule again with a new time and date
set.
2. DEPOSIT
2.1 A 50% non-refundable deposit is due within 24 hours of the invoice being sent in
order to secure the date.
2.2 Your order is NOT confirmed until this deposit/payment is received.
2.3 Your order will be cancelled & your date may become unavailable in the event
your deposit is not received within 24 hours.
13. NO REFUNDS
In no event shall we be required to refund any payment charged for any Order. The
sole remedies available to you in the event you cancel the order, postpone or
reschedule, are a credit on future invoices within (1) year.
4. FINAL PAYMENT
4.1 Final payment for your cake and/or cupcakes is required no later than 72 hours
before pick-up or delivery and 7 days before all wedding orders.
4.2 You will receive a final payment reminder (7) & (3) days before pickup/delivery.
We are not obligated to remind you outside of these reminders about final payment
within the specified period.
5. 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.
6. DISCLAIMER(S)
6.1 Our Kitchen is NOT NUT FREE! Our products may contain or come in contact
with milk, wheat, nuts, soy & other allergens. You agree to notify your guest of this
risk & hold us harmless for allergic reactions.
6.2 You are also acknowledging & responsible for all NON-TOXIC items you chose
for this order such as highlighter dust & disco dust (used for drip & splatter). They
are not edible but used for enhancing decoration only. You have the option to decline
this particular decoration if you choose.
6.4 GOLD, SILVER & ROSE GOLD & other colored HIGHLIGHTER DUST are NON-
TOXIC!
7. YOUR OBLIGATION(S)
You are responsible for providing an appropriate and secure table/surface and
environment for your order. We strongly suggest not placing your cake and/or
cupcakes outside for any outdoor event. If you must place your cake and/or cupcakes
outdoors, please do so no earlier than 1 hour prior to serving & avoid direct sunlight.
We are not liable for any damages to your order due to outside elements.
28. PACKAGING
At pick up, your cake and/or cupcakes 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/cupcake box down (floor of your car or trunk). All information
regarding Traveling with your custom cake will be posted on the cake box.
9. 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
Bryonna’s or the staff’s possession.
10. APPLICABLE LAW
You agree that the laws of the State of Colorado 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.
11. DISPUTES
11.1 You are required to conduct your own due diligence and proceed with caution
when making your orders.
11.2 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 Colorado.
12. INDEMNIFICATION
You agree that you will be responsible for your involvement with us when seeking
our services, and you agreed 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/cupcake that you order.
13. COLOR MATCHING, ARTIST DESIGN AND DESIGN CHANGE
3In the course of designing the cake, if there is need for any additions or reductions,
Bryonna has the absolute discretion to make the said changes and/or alterations in
order to complete the cake & will notify you of such changes prior to pickup/delivery.
14. INTELLECTUAL PROPERTY
As you are aware, photos for inspiration are welcome. However, Bryonna will not do
exact replications of the designs requested from another cake artist.
15. CHANGES TO INVOICE
You understand that invoices are finalized.
Square (payment processor) does not allow you to make any changes to the invoice
once the final payment has been processed. It is your responsibility to make sure all
details are correct before submitting final payment.
16. ACTS OF GOD/FORCE MAJEURE
In no event shall Bryonna be responsible or liable for any failure or delay in the
performance of her obligations hereunder arising out of or caused by, directly or
indirectly, forces beyond her 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 Bryonna 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 and will notify you of such.
17. SICKNESS
You acknowledge that Bryonna takes her physical & mental health very seriously and
has the right to cancel the order in the event she becomes ill or has a personal/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. If time allows, Bryonna will attempt to fulfill your order through
another recommended bakery but this is not guaranteed and based solely on their
schedule.
18. SERVING SIZE
The guest servings for the cake will be exact per inquiry form. Flick of the Whisk
Cakes is not responsible for cake serving shortage.
419. ALLERGY RESPONSIBLE
You understand that is your responsibility to inform Bryonna prior to booking the
order if there are any allergy concerns.
20. FLORALS
In choosing to have silk or fresh flowers arranged on your cake, you acknowledge
that silk or fresh flowers are not food products, and may be toxic or contain
pesticide/herbicide, residues, dirt, insects, and/or other contaminants.
21. 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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