By proceeding with payment for the order of cake, cupCake(s), cookie(s), pastry(ies), and any other items provided (“Cake”) placed by you, buyer(s) ("Buyer", "you", or "your"), from Soul Cake LLC (“Soul Cake”), Buyer accepts and agrees to the following terms and conditions:
All Sales Final. Every Cake is made with great care and lots of time and attention is spent to meet the highest standards to ensure your satisfaction. Therefore, all deposits and payments made to Soul Cake in placing orders are nonrefundable.
Additional Charges for Delivery. Additional charges will apply for deliveries to locations beyond the Boston/Cambridge area.
Serving. Buyer assumes full responsibility for making sure all nonedible Cake décor, including but not limited to, fresh flowers, sugar flowers, dowels, toothpicks, skewers, wires, tape and styrofoam balls, are removed from the Cake before it is cut and served. DO NOT EAT OR ALLOW OTHERS TO EAT DÉCOR AND KEEP AWAY FROM CHILDREN. Sugar flowers are made from edible materials, but are not intended for consumption because the structural elements, which include wires, tape and styrofoam balls, are added for strength and styling. Cake boards between tiers of cake should be removed before serving. It is highly recommended that Buyer allow cake to sit at room temperature for 4 to 5 hours prior to serving to allow cake to reach optimal serving temperature. Buyer assumes full responsibility for scheduling delivery of their cake to allow enough time for cake to reach optimal serving temperature.
Release of Liability. Buyer assumes liability and responsibility for the condition of Cake after taking possession of Cake upon pickup or delivery of Cake to Buyer or Buyer’s designated drop-off location. Soul Cake shall not be responsible for damage incurred to Cake or condition of Cake once the Cake is transferred to Buyer upon pick-up or delivery of Cake to Buyer or Buyer’s designated drop-off location. Once pick-up or delivery of Cake is complete, Soul Cake shall not assume any responsibility for your guests’, florist’s, caterer’s, event planner’s or any other person’s acts with regards to your Cake, or any property damage or injury that occurs as a result of Soul Cake’s services and/or provision of your Cake. High temperatures and other weather elements can adversely affect your Cake. It is your responsibility to arrange with the venue an appropriate spot for the Cake, out of direct sunlight, and other weather elements, and away from unnecessary heat. Cakes are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below. Soul Cake selects fresh flowers that are well suited for placement on Cake. However, fresh flowers deteriorate over time and Soul Cake does not assume liability for deteriorated look of fresh flowers that are placed on Cake. Soul Cake’s products may contain or come into contact with milk, wheat, nuts, soy, and other allergens. You agree to notify your guests of this risk and hold Soul Cake harmless and indemnify Soul Cake for all claims relating to allergic reactions that occur. Any allergen information provided by Soul Cake for special dietary requirements or food allergies should not be considered as any form of guarantee but as a best effort to provide the Buyer with known allergens contained within our products. Any Buyer with severe allergies is advised to assess their own level of risk and consume products at their own risk. Buyer assumes full responsibility for the event guests and agrees to indemnify and hold Soul Cake harmless from and against all bodily injury, property damage or consequential damages. Buyer shall indemnify, defend and hold harmless Soul Cake and its respective officers, directors, partners, members, managers, employees, and agents from and against all demands, suits, judgments, settlements, claims, damages to persons and/ or property, fines, liens, losses, other liabilities, and expenses of any kind, including but not limited to reasonable attorneys’ fees, claims for loss or damage to any property, or for death or injury to any individual, arising out of or in any way related to your event. Cake design is a creative and organic process and Soul Cake will do its best to replicate and create your selected design as closely as possible, but no guarantees are made as to Buyer’s satisfaction with the Cake. Fulfillment of all orders placed with Soul Cake are contingent upon the ability of Soul Cake to complete the Cake that was agreed upon and is subject to labor disputes or strikes, accidents, Acts of God, and other causes beyond Soul Cake’s control.
Use of Photographs. Soul Cake reserves the right to photograph your Cake for our own reference, display, or promotional advertising without compensation to you.
Severability. If any provision of these terms and conditions is held invalid, illegal or unenforceable in any respect, such provision shall be treated as severable, leaving the remaining provisions unimpaired.
