TERMS & CONDITIONS
YELLOW BAKING DELIGHTS LLC, Baked goods, goods, and all items sold at business.
Thank you for choosing Yellow Baking Delights. By paying invoice, the customer agrees to these terms and conditions (Terms). These Terms apply to the purchase and sale of products through Yellow Baking Delights LLC, Yellow Baking Delights, or at www.yellowbakingdelights.com (website). These terms and conditions may change without notice by Yellow Baking Delights LLC or Yellow Baking Delights (referred to as “Yellow Baking Delights”, “us”, “we” or “our” as the context may require), and updated Terms will be posted the Site. Please carefully review these Terms.
1. ORDER ACCEPTANCE
Thank you for choosing Yellow Baking Delights By paying invoice, the customer agrees to these terms and conditions (Terms). These Terms apply to the purchase and sale of products through Yellow Baking Delights LLC, Yellow Baking Delights, or at www.yellowbakingdelights.com (website). These terms and conditions may change without notice by Yellow Baking Delights LLC or Yellow Baking Delights (referred to as “Yellow Baking Delights”, “us”, “we” or “our” as the context may require), and updated Terms will be posted the Site. Please carefully review these Terms.
2. PRICING & PAYMENT TERMS
(a) All prices posted on the Website are baseline prices, subject to change without notice. Each order will vary in price, based on the details of the order. The price for your order will be sent to you in an order confirmation email. All taxes and charges will be added to your order total and will be itemized in your confirmation email. We are not responsible for pricing, typographical errors on the Site, or other errors in any offer by us.
(b)Payment for all baked goods and services must be made via electronic payment, credit card, Zelle, Venmo. If the order is received less than 14 days in advance, a full payment is required at the time of order payment to confirm your order. When ordering 14 days or more in advance, a 50% non-refundable retainer deposit is required at the time of order placement to confirm your order. The remaining payment is due seven days before the delivery or pick-up of baked goods. A 15% late fee will be charged each day the final payment is late. Full payment is required for you to receive order. Failure to pay will result in a loss in any right to the goods ordered, forfeiture of deposit, and Yellow Baking Delights LLC may employ any additional remedies available in these Terms.
(c)All cancellations must be made 72 hours in advance in writing and will result in a store credit only.
3. ORDER CHANGES & VARITATIONS
(a) The final date of any changes to the size, flavor, style, and design of any bakery goods are due 14 days before the completion date. Any changes after this date cannot be guaranteed and may be subject to additional charges.
(b)All changes to existing orders must be submitted in writing through e-mail. Changes communicated via any other method will not be honored.
(c)Seasonal items may incur an additional charge or may be substituted if unavailable.
(d)While Yellow Baking Delights makes every effort to provide the exact flavor, filling, decoration, size, color, shape, and design discussed prior to order confirmation, creating baked goods is an art form and may be subject to variations.
(e)If the customer supplies an image or likeness to be created, Yellow Baking Delights will make every attempt to make the good as close to the likeness as possible
(f)If the custom order requires equipment or ingredients that cannot be obtained within the time allotted (including, but not limited to, flavors, molds, shapes, stamps, texture, and glitter), the closest resemblance available will be used to complete the goods.
(g)Color matching is not a precise science and different sugar substrates take color differently. Yellow Baking Delights will do everything possible to make substrates match each other and to match provided color swatches, but sometimes it is not possible to make a 100% perfect color match and some colors cannot be achieved using food grade dyes. Hala Sweets cannot match a verbally described color or a color sent via an electronic device as all monitors display colors differently. To attempt a color match, the customer must provide a color swatch no later than 14 days before the completion date.
(h)Yellow Baking Delights reserves the right to make design and structural changes to any customer order, without prior notification, if deemed necessary to maintain the stability and integrity of the baked goods.
4. DELIVERY OF BAKED GOODS/GOODS: LIABILILTY OF RISK OF LOSS
(a) Yellow Baking Delights delivers to location parameters specified on inquiries. You must request delivery to a location within the parameters listed or pick up goods from the location(s) designated for pickup on inquiry request form.
(b)Liability and Risk of Loss pass to you upon your acceptance of the baked goods/goods. Once the baked goods are delivered, and if contracted, set-up is complete, or the customer directly removes the goods from Yellow Baking Delights possession, Yellow Baking Delights is not liable for any damages to the goods nor any illness, injury or damages caused by or related to our goods. The customer will have an opportunity at the point of exchange to visually inspect the goods. Once the goods are delivered or when the customer removes the goods from Yellow Baking Delights possession, the customer approves the goods visual appearance and waives any rights to a refund based on the style, design, or visual appearance of the goods.
(c)Yellow Baking Delights IS NOT a gluten free or Vegan environment, some cross contamination is inevitable. The goods may contain or come into contact with dairy, wheat, nuts, tree nuts, soy, and other allergens. Yellow Baking Delights is not responsible for any adverse effects of allergic reactions. Notify us on order form or inquiries of any kind of allergies.
(d)Yellow Baking Delights reserves the right to take photos of the goods for display or promotion without the customer’s consent.
5. RETURNS & REFUNDS
Yellow Baking Delights will always seek to perform our services in a professional manner and provide the best customer experience possible. Should an event occur where our baked goods or services do not meet our high standards, or the customer is dissatisfied, we may at our sole discretion provide the amount paid for the products and services in store credit only. Yellow Baking Delights liability is limited to amounts paid to Yellow Baking Delights for its goods and services. Yellow Baking Delights will not be liable for any special, incidental, punitive, or consequential damages, whether foreseen or unforeseen, regardless of whether liability is based on breach of contract, breach of express or implied warranty, negligence, strict liability, tort, or otherwise.
6. FORCE MAJEURE
Yellow Baking Delights shall not be held liable or responsible to the customer nor be deemed to have defaulted under or breached these Terms for failure or delay in fulfilling or performing any term of these Terms to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of Yellow Baking Delights including but not limited to fire, floods, pandemics, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or the other party. Yellow Baking Delights and the customer shall mutually seek a resolution of the delay or the failure to perform.
7. GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any
8. NO WAIVERS
The failure by us to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Yellow Baking Delights.
9. NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(b)To Us. To give us notice under these Terms, you must contact us as at email@example.com. Notices sent by email will be effective when we send a reply to the email.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
11. ENTIRE AGREEMENT