TERMS OF USE
Last updated April 12, 2024
1. Introduction
Welcome to Joanna Cakes Bakery's ("Company" "we" "us" "our") website. By accessing this website, you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern [Bakery Name]'s relationship with you in relation to this website.
Order Contract:
- Payment due. You pay, I bake! Payment is required up front so that I can source your ingredients, spectacular sprinkles, and perfect packaging. Your payment reserves your pick-up date too! Submitting payment for your order, including custom orders, secures your event date, and constitutes as your agreement and understanding to the terms and conditions below.
- Pickup Dates and Times. Pickup times are set upon ordering. This is because other customers need their sweets fix too, so put that cookie pickup in your calendar!
- No show means no baked goods. These baked goods are best enjoyed fresh! Not showing up to the agreed upon pickup time forfeits your order. A 30 minute grace period will be given to clients. Client must notify us if they are running late for pickup. Please reach out 7 days prior to your pickup time if rescheduling is required.
- Pictures are worth a thousand words. But they're not always accurate. Colours and lighting in photos may be slightly different than what you end up with. Also- cakes in photos may not be true to size!
- Allergies? Baked goods are often made with foods that can be known allergens. Our kitchen is not nut free, egg free, dairy free, or gluten free.
- Product Photography. Say Cheese! We photograph each of our clients' pretty sweet lookin' sweets. If you do not want your cake in the spotlight, please let me know at the time you place your order. Secrets are safe with me.
- It's All Yours Now. Once you pick up your order (thanks again, by the way), what happens to your cakes, cookies, treats, and car doors (I hate door dings) is all on you! You assume all liability and responsibility once the product leaves our possession. Keep 'em safe, keep 'em cool, and keep 'em away from the parking lot cart returns.
- Emergencies. In the unlikely event of family emergencies, illness, accidents, natural disasters, or other causes beyond my control, you will be notified as soon as possible and a full refund will be issued immediately.
- Price Adjustments. All prices are subject to change. Prices are often dictated by ingredient costs. I'm always trying to provide the best tasting baked goods to my clients. This also means I can't honour old pricing. However, orders that have been paid in full, will not be subject to price adjustments.
- Change Cutoff. Decisions are tough! But we're here to help. Order changes can be made until 7 days before your pickup date. After that, all change requests will be under consideration and a small fee may apply.
- Cancellations and Rescheduling. Client must request cancellation of order a minimum of 7 days before pickup date in order to receive a full refund (excluding wedding cakes). Clients requesting last minute cancellations (less than 7 days before pickup), will not be eligible for refund, unless otherwise deemed by us. Clients may reschedule 5 days prior or more to pickup (excluding wedding cakes). In the event of an emergency, refunds may be issued on a case by case basis, at the discretion of the company, but the client must contact us. Client may request to have order frozen (for eligible items) at no extra cost and picked up at a later date, if they are unable to pickup on the agreed upon date.
- Order Date. Client must place orders following the advance notice required on each product and they must review the Availability page prior to placing their order. If an order is placed with less advance notice than required, or on an unavailable date or time, the order will be cancelled and refunded.
2. The Use of This Website
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
3. Intellectual Property
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, text, and graphics in the Services (collectively, the "Content"), as well as trademarks, service marks, and logos contained therein (the "Marks"). Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
4. Unauthorized Use
5. Privacy Policy
6. Limitation of Liability
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
7. Changes to Terms and Conditions
8. You are Responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
9. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that arespecifiically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collective mechanisms" or "pcms").
- Interfere with, disrupt, or create and undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
. Contact Information
By using this website, you signify your acceptance of these terms and conditions. If you do not agree to these terms and conditions, please do not use our website.