Terms & Conditions
Terms & Conditions
My promise
I take each order very seriously and I promise to provide a professionally decorated dessert in a timely manner. If you are not satisfied with your product please let me know as you receive it. Once your order is accepted, refunds will not be considered.
Allergy Disclaimer
Please be aware that although I accommodate some dietary requests, there may be slight cross contamination. For this reason, I do not accommodate celiac clients or those with life-threatening allergies.
Refund Policy
St. Charles Custom Cakes will not offer refunds for custom products if it meets my quality standards once a cake has been picked up. All products are the responsibility of the customer once it leaves my possession. Refund requests due to decorating style, color shade or general decoration design will not be considered.
Cake flavor and texture is subjective and my recipes are baked to my preference. If you feel there is a quality issue with the product please return it to me within 24 hours of the event for evaluation. Cakes, cupcakes and cakesicles should be enjoyed at room temperature. Conditions that are too hot or too cold will affect the texture and taste of the cake.
Design Variations
St. Charles Custom Cakes does not copy designs exactly. I will make every attempt to match colors, however the final product may be subject to slight variations, and can continue to change after being picked up due to heat and light exposure.
Care and Handling
I am not responsible for any damage to a cake after it leaves my possession. Cakes are heavy and require a sturdy table, and a room temperature of 74 degrees or below.
In the case of fresh flower usage on the cake, the responsibility of the flower safety and safe food practices will rest with the florist and not with St. Charles Custom Cakes. The person placing this order should obtain a notice of plant safety, in question, from the florist.
St. Charles Custom Cakes is not responsible for any damage to the cake caused by the placement of flowers by another party or other items on the cake.
Deposits, Payments, Cancellations
For custom orders a non-refundable deposit of 50% is required to confirm your order and the remaining balance is due 7 days prior to the pickup date. Any changes requested after ordering cannot be guaranteed and may be subject to additional charges.
If full payment is not received by the due date, the order may be canceled.
Photographs and Marketing
St. Charles Custom Cakes reserves the right to photograph baked goods and use those photos on our website, social media, or marketing materials. I also reserve the right to use any photographs for display or promotion without compensation to you.
Governing Law and Waiver of Jury Trial
This Agreement shall be subject to and governed by the laws of the State of Missouri irrespective of the choice of law rules in the state of execution of the Agreement. The parties hereto acknowledge and agree that, any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the courts of the State of Missouri. Any litigation relating to this Agreement, brought by Client shall be commenced and maintained only in a federal or Missour state court located nearest to Company’s principal office; The Client consents to personal jurisdiction and venue in any such court. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. If Company is the prevailing party, it shall be entitled to recover from the Client the reasonable costs and expenses incurred in connection with any mediation, suit or other action brought pursuant to this Agreement, including, without limitation, reasonable attorney’s fees.
Resolution of Disputes.
All claims, disputes, and other matters in question arising out of or relating to this Agreement, or the breach of this Agreement (in any event, a “Dispute”) shall first be submitted to non-binding mediation in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Unless agreed upon by the parties, the mediator shall be selected by the Alternative Dispute Resolution Section of the St. Charles County Bar Association. The mediator may offer such guidance as the mediator deems appropriate to facilitate the resolution of the Dispute.
