Terms and conditions
terms and Conditions
Out of Clara’s Custom Cakes will provide a professionally decorated dessert in a timely manner as specified in the invoice or contract. We appreciate your business, and we are honored that you have chosen us for your special celebration. We guarantee that the flavors, size, and general design elements will be met as outlined. If you are not satisfied with our product(s) please let us know at the time you receive your order. Once your order is accepted, refunds will not be considered.
Please be aware that although we have strict processes in place to prevent cross-contact there is still a slight risk of the presence of any allergen.
Out of Clara’s Custom Cakes will not offer refunds or exchanges for custom products that meet our quality standards once a cake has been picked up/delivered and “Accepted” by you or another designated party. Additionally, under no circumstances will Out of the Clara’s Custom Cakes bakery provide a refund in excess of the cost of the order. All products are the responsibility of the customer once it leaves our possession. Refund requests due to decorating style, color shade or general decoration design will not be honored or considered. We only give refunds if the product does not meet the flavor, size, and general description detailed above.
Cake flavor and texture is subjective. Refunds requested due to flavor or texture after cake has been accepted and picked up will be at the sole discretion of Out of the Clara’s Custom Cakes Bakery. Out of the Clara’s Custom Cakes Bakery may consider a store credit if the product is brought back to us and the quality of the cake flavor or texture is determined not to meet our standards within 24 hours of your event. Please note, we do taste our cakes daily to insure the highest quality. Quality determination is solely at the discretion of Out of the Clara’s Custom Cakes Bakery. Our cakes are baked from scratch with all natural ingredients, and need to be kept out at room temperature for at least an hour prior to serving. Keep in mind, variety in temperature and humidity may impact the flavor, overall design, or texture of the cake to some degree. Please understand we cannot control changes in texture or changes in color or shape due to weather conditions.
Although we make every attempt to provide an exact design and to match colors, custom cakes are a work of art. It may not be possible to match an exact shade of a color, but we will come as close as possible. The final product may be subject to slight variations. Also be aware the exposure to light can cause colors to change. We do not offer discounts or refunds if the exact shade of a color is not achieved or if a variation occurs due to lighting. In the event that a major variation needs to be made Out of the Clara’s Custom Cakes Bakery will communicate this to the customer and seek re-design approval.
Care and Handling
We are not responsible for any damage to the cake after pick-up or after Delivery is complete. The client is responsible for providing an appropriate and secure table and environment for the cake(s). Cakes are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below.
If you or your representative elects to pick up and set up the cake, you assume all liability and responsibility for the condition of the cake once it leaves the possession of Out of the Clara’s Custom Cakes Bakery.
- 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 Out of the Clara’s Custom Cakes Bakery. The person placing this order should obtain a notice of plant safety, in question, from the florist.
- Other nonedible decorations such as dowels, Straws, ribbons, wires/sticks in fondant or sugar work must be removed before serving or eating the cake. This is the customs responsibility.
- All Gold, Silver, or food colored fondant must be removed before eating, Clara’s custom cakes in not responsible for any quality of taste that comes with heavy airbrushing or painted cakes.
- Out of Clara’s Custom Cakes Bakeryis 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
A deposit of 50% and a signed contract is required to consider this an order and contract for services to be rendered. The remaining balance is due fourteen (14) business days prior to the delivery date. Any changes to this order must be made no later than fourteen (14) business days prior to delivery. Any changes requested after the signing of this contract cannot be guaranteed and may be subject to additional charges.
All deposits are non-refundable. There will be no credit given for orders cancelled inside of Fourteen (14) business days. For cancellations with more than Fourteen (14) business days’ notice, credit may be given for a future order, less the fair market value of items that cannot be re-used. This offer is subject to the date being available.
If full payment is not received by the due date, the order may be cancelled.
The delivery time will be confirmed two (2) business days before your event date. Cakes maybe setup 1-4 hours before your event. For outdoor events, we try to setup as close to the reception time as possible, which may limit design options.
The Client must disclose any adverse road hazards and/or obstacles that may hamper the delivery and quality of finished products. In the case of an unavoidable occurrence, such as an act of god, a car accident, poor road conditions, or dropping of cake during delivery — Out of the Clara’s Custom Cakes Bakery cannot be held liable for more than the price of the cake described in this order.
Delivery is a window of time only. As Clara’s Custom Cakes tries to meet a specific time given Clara’s Custom Cakes is not responsible if cake doesn’t meet that time. All cakes will be delivered that given date. Delivery time is estimated for all orders is between 10am-4pm but is subject to change in the act of extreme weather conditions, and Traffic. All orders that are needed by certain times are suggested to be placed the day before.
In the Extreme Rare occurrence where Clara’s Custom Cakes has deemed the upcoming weather or conditions of the roads unsafe Clara’s Custom Cakes will reach out to the customer to pick up or deliver the day before. If the customer is unresponsive the day before customer will need to pickup the cake of address given. No Delivery Refunds will be given if pickup is chosen as a last resort.
If the client or client representative is not available to receive the delivery. Clara’s Custom Cakes will reach out to suggest porch drop off. Customer is reasonable to arrive within an hour after order is propped off. If weather is above 78 degrees or conditions are declared unsafe for order to be left there a re-delivery fee will be required at the time of receipt of goods and services.
Photographs and Marketing
We respect the privacy of all our clients. We will not disclose the identity of clients (photographs of people, last names, event details, contract details) without permission. We do however, reserve the right to photograph baked goods and use those photos on our website, social media, or marketing materials. We also reserve the right to use any photographs for display or promotion without compensation to you.
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 Fairfax County Bar Association. The mediator may offer such guidance as the mediator deems appropriate to facilitate the resolution of the Dispute.
All rental items will be for a seven (7) day period. The day of the event and up to six (6) days after. A late fee of $25.00 per day will be imposed for each day the items are late. Should any parts be not returned or damaged in any way, the renter will be responsible for the cost of replacing the entire item. The rental rates, return date, refundable deposit, and replacement cost is noted on the invoice or in the contract. A returnable security deposit will be refunded when ALL rental items are returned in the same condition.