INQUIRY

TERMS & CONDITIONS


BY PAYING YOUR RETAINER/FULL PAYMENT, you acknowledge you’ve read and agree to these terms.

---> It is your responsibility to read thoroughly through the invoice to check for any mistakes especially regarding the following; date of event, time of pickup or delivery, cake flavors, general information details which include, but not limited to NAMES and WORDING.

Payments:
Your order must be fully paid prior to your event date. We do not except checks.

Order Payments:
You must pay the full amount of the invoice if following conditions apply;
- If your event is less than 2 weeks away.
- If your amount is $200 or less.
If those conditions do not apply to you, you have the option to pay a retainer fee. Payment must be received within 2 days of receiving your invoice to secure your event date as we do not hold dates. Remaining balance must be completely paid in full on the 1 week/7 days prior to the event date. If your order has not been paid in full 1 week/7 days prior to the event date, your order will be subject to cancellation. See our refund policy.

Booking Deposit/Retainer Fee (if applicable):
A 50% retainer is required to reserve your date. Retainers are non-refundable and non transferable. Please note, this retainer is to secure your date only. Your order is NOT complete until the balance is paid in full.
Balance is due in full ONE (1) week before pickup/delivery date. Invoices will be sent prior to due date and must be paid before the one (1) week period or contract will be null and void. Again, retainer will not be refunded or transferred.

IMPORTANT: RETAINERS DO NOT GUARANTEE YOUR ORDER WILL BE FULFILLED IF YOUR BALANCE IS NOT PAID IN FULL BY THE AGREED UPON DATE. ORDERS NOT PAID IN FULL BY DUE DATE ARE SUBJECT TO CANCELLATION.

Late Payments:
If your remaining payment has not been paid on the due date or 1 week/7 days prior to the event date, your order may be subject to cancellation or a late fee of 5% of the total order amount. This amount will automatically be charged to the original card in which you paid your retainer fee. See our refund policy regarding refunds/cancellations.

Refunds/Cancellations:
If your order is cancelled due to fault of your own, IE lack of payment fulfillment of remaining balance or not following our Order Terms & Conditions, you are not eligible for a refund. We do not offer refunds for orders made less than 2 weeks prior to your event date. We reserve the right to cancel your order without a refund if you do not pick up your item(s) on the date/time slot you chose when you filled out your order form. All refunds are returned how they were given. IE; if you pay with a credit card, it will be returned to the original card.

Refunds to invalid credit cards:
We are unable to refund payments to a different card. If you are no longer in possession of the card or the card has been cancelled and is no longer valid, it is your responsibility to let us know PRIOR to us refunding the amount so we may issue a cash refund. In the event of a return to a card that is not longer valid, it will be your responsibility to contact the card issuer to retrieve the funds. Once we issue the refund we have no control of where the funds go, how long it may take or how you will receive them. If the funds are sent back to SMS, you must allow additional processing time for us to receive those funds so we may disburse them to you. Therefore, if you are paying with a credit card and a refund is due, it is imperative you let us know immediately that the card is invalid.

Refunds in the event of an emergency IE; Illness/Death/Bereavement of owner:
Heather works solo and is a home baker, therefore we must implement and outline our refund policy in the event she is unable to perform her duties. Please know there are no backups or anyone that can continue with your order. In some instances, she may be able to refer you to someone else, however depending on the time constraints that may not be possible. Therefore, the owner or another representative will attempt to make connect within 12 days, but with some of the emergencies listed above, sometimes only 1-7 days is possible or less. With that said a full refund will be issued as fast as possible. Lastly, the time frame of the refund may be anywhere from 1-2 weeks depending on the severity of the emergency and note, if you paid in increments they will be refunded in the order received and in those increments. Regardless, your funds will be returned as promptly as possible. When you order with SMS you are understanding that sometimes things happen that are not in our control, however we will make every attempt to make sure you are satisfied. As with any policy, if it is fault of the owner, the owner will refund you. There will be no additional monies added if this event occurs. We understand this can cause frustration and issues pertaining to your event especially if a cancellation on our part occurs last minute, however please understand when ordering from a home baker once again there are no backups and/or other options if your order is cancelled. When using SMS you fully are aware of this condition and acknowledge the risk.

Moving dates or cancellations:
We do not refund in the event of a customer cancellation, however this is subject to approval and only under extreme circumstances that we will be able to move your date. Keep in mind when you book we block off that date and will turn other orders down.

Event planners or other representatives:
If you are placing an order on behalf of your client or someone else, whomever is listed on the invoice will be the sole person responsible for the order and payment. If a payment is received by a cardholder that does not match the name listed on the invoice and the payment is later disputed, YOU will be held responsible for the order and the payment.

Monthly Sample Boxes - Boxes are available the first Sunday of every month. Pickup address and time are listed on your invoice. No refunds will be given for our MSB’s. In the event you do not pickup your MSB on time, you will forfeit the Box and your money.

Pick-up/Delivery Waiver:
Sprinkle Me Silly is NOT responsible for damage to any cake once it has left our premises or has been delivered. We do not have control of what happens to the cake after it’s out of our possession, whether it be forgoing our travel/driving warnings or wrongly holding/handling. Per delivery, once we leave it at the premises, we have no control over the environment whether it be to warm/hot, people moving or touching the cake and so forth. We fully document the condition and status of the cake and other edibles prior to leaving our possession. Our cakes are boxed securely and plastic wrapped for transport. They are fully doweled and stacked correctly per guidelines we follow. With proper care which has been fully outlined below, there should be no unforeseen issues. Any damage is solely the liability of the customer.

Wedding Delivery:
See above ‘Pickup/Delivery Waiver’ as it applies. Wedding cakes will automatically be delivered by us in which the cost is already included in the given price. Due to our cakes being buttercream and the ingredients in which we prepare our cakes with, we require wedding cakes to be delivered 1 hour prior to your reception, no sooner.

Pickup Policy:
All orders must be picked up by the date/time listed on your invoice unless we have previously discussed other arrangements. Not being on time can result in forfeiting your item(s) and forfeiture on the amount paid for the order. We often book pick-up and wedding deliveries back to back so it’s very important to keep the time you schedule. We have implemented a $15 fee if 15 or more minutes late (without notice), it will automatically be charged to the CC that you initially use for your order.

Care Instructions:
Custom cakes can be very fickle, so please take the following precautions - cakes are made with ingredients that can MELT IN HEAT and cakes should never be left in direct sunlight or in a vehicle. We recommend securing a place for your cake ahead of schedule. Put a towel or blanket in your front seat to level the area so your cake is sitting flat away from the sun. DO NOT allow cakes to slant. All cake transportation requirements (levels, straps etc.) are the responsibility of the person picking up the cake. Cakes should be transported in a cool, flat area with plenty of space. It is highly recommended to drive at a slower pace than usual, watch for bumps/pot holes on the road. Slow turning. If you are thinking of running errands while transporting your cake, don't. Once your cake or other items are in your possession they are your responsibility. Therefore, any damage would not be subject to any type of reimbursement.
- Our items are kept cool either at 65 degrees or in the refrigerator.
- If item(s) gets too warm it will lose shape.
- Cakes - your cake will come in a box and fully wrapped. It is suggested that you keep the cake cool and refrigerated until 30 minutes prior to your event date. Your cake may also have dowels throughout to support the tiers.
- Allowing your cake to come to room temp while boxed and wrapped will help with potential condensation. This will also allow the temp to stay even.
- Cupcakes - leave boxed and un-refrigerated so they do not dry out.

Hot Weather Conditions:
You are liable for the care and condition of your edible items while in your possession. It is advised to keep edible items out of heat which could potentially cause your edible items to melt, collapse or distort. It is also advised in hot weather to keep edible items at a cool temperature until 30 minutes prior to serving. Heat also has the potential to cause your cake to sweat, this is normal in cool to hot weather and causes no damage when drying. SMS is not liable for any damages caused to your cake by hot weather while in your possession.

Inclement Weather:
Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
In the event there is a cancellation due to inclement weather you will not receive a refund, instead you will receive a voucher for the purchase amount to be used at a later date of your choosing.

Artistic Release:
Style - Client has spent a satisfactory amount of time reviewing SMS’s work and has a reasonable expectation that SMS will perform the Services in a similar manner and style unless otherwise specified in this Agreement. Consistency -  SMS will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with SMS's current portfolio and SMS will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
- Every client and event is different, with different tastes, budgets, and needs;
- Our services are often a subjective art and SMS has a unique vision, with an ever-evolving style and technique;
- SMS will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
- Although SMS will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, SMS shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with SMS's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.


Allergies/Materials:
Our products may come in contact with milk, wheat, nuts, soy, and other allergens. It is your responsibility to notify your guests and hold us harmless to any allergic reaction. SMS products may contain inedible materials, such as plastic accessories, floral wire, wooden/plastic dowels, etc. We are not responsible for injury or illness due to the ingestion of said materials.

Dissatisfaction:
In the event you experience any issues with your order you must contact us within (1) day of the event. In these instances we will ask that the cake be returned so that we can sample and/or make any judgements necessary regarding your dissatisfaction. After 24 hours have lapsed, we will not entertain any issues there after. This clause does not guarantee or warrant a refund, we will simply take in to account and sympathize with your request and decide on the proper outcome. Our #1 priority is our customer satisfaction, therefore we will do everything we can to make sure we are fair. You must also take into account that ever baker/store will be different and use different products. There should be no comparison to what you have previously had especially if it’s a product that we did not create.

Credit card payment disputes:
In the event a charge is disputed with your card holder, all correspondence along with this agreement will be submitted to acknowledge an order was placed. If for any reason the card holder returns to the money to the client, we will pursue legal action in which court cost and other fees will be applied.

Slander/Social Activities:
If for any reason you are not satisfied with our services - any social platform, review site, postings or any other means of communication regarding a dissatisfaction will be constituted as slander thus permitting lawful action against you. We will make every attempt to accommodate you in the manner you are not satisfied providing you contact us directly and within (1) day of the event as stated above.

Our promise to YOU:
We promise to put 100% of our effort into your order to make sure you are 100% satisfied. We want to retain you as our client for all of your future events and therefore we hope to exceed your expectations. In the event we are unable to do so, we promise to do our best to come up with a compromise unless of course its no fault of our own. We also understand that in the event we are unable to complete your order, we will absolutely make sure to take care of you.

Contract Confirmation:
Once a PAYMENT is received by you, it is considered a contract for services to be rendered on your behalf and you are accepting Sprinkle Me Silly's Order Terms & Conditions. This document constitutes the contractual agreement between Sprinkle Me Silly and the Client. All emails and correspondence are archived to confirm an order was placed. Any communication via email, online, or text is constituted as intent of a purchase. A contract for services also renders you liable for the FULL purchase of your order regardless of any circumstances UNLESS Sprinkle Me Silly fails to provide the services requested. This contractual agreement also serves to protect the Client if for any reason Sprinkle Me Silly does NOT fulfill the order as outlined on the invoice. With that said, the Order Terms & Conditions must take precedent. If an order is placed using a retainer fee, but final payment is not received - you will be subject to legal action including, but not limited to invoice paid in full and attorney fees.

The Cake Artist  |  Memphis & Surrounding Areas | hello@sprinklemesilly.com

 

Copyright @ Sprinkle Me Silly 2019

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