cake conciergeEffective [date]. These terms are an agreement between you and [Entity name], a [California limited liability company] at [mailing address] ("Cake Concierge", "we"). By creating an account, ordering a cake, or checking the box at sign-up, you agree to them. If you sign up for a company, you confirm you may bind that company, and "you" means the company.
1. What we do
We buy finished cakes from permitted bakeries and deliver them, boxed and labeled, in San Diego County. We do not bake.
2. Office birthday plan
Setup. You give us your office address, front desk hours, and your people's birthdays. We confirm the address by phone before the first cake.
What you pay. Only cakes we deliver, at our site's prices when each cake is ordered. No monthly fee, setup fee, or minimum.
First cake free. Your company's first delivered cake is free up to $55. If it costs more, you pay the difference. One free cake per company, including related companies at the same address. It has no cash value.
Billing. We list each delivered cake on a monthly invoice with the person's name and date. Invoices are due within 15 days and are charged to the card or bank account on file. Unpaid invoices may pause deliveries. We add sales tax only where the law requires it.
Seeing and skipping cakes. Your account shows every cake planned for the next 60 days. We order each cake three business days before delivery and text you the list that evening with skip links. You can skip, pause, mark someone remote, or mark someone as not wanting a cake at any time before the bakery accepts the order, which is noon on the business day before delivery. After that the cake is made and will be billed if delivered.
Monthly cap. If you set a monthly maximum, we will not deliver more.
Price changes. We will email the billing contact at least 30 days before a price change. Cakes ordered before the change keep the old price.
Cancel any time. Cancel in Settings or by email, with no fee or notice period. Cakes the bakery already accepted are delivered and billed; nothing more is ordered.
3. Single custom cakes
You pay the full price, including delivery, at checkout.
- Cancel or change the date for a full refund until 3 business days before delivery, when we
- After that, the cake is being made and we cannot refund it. We will try to move the date if the
- Designs. Previews are approximate. Logos and photos print flat on an edible sheet.
order the cake from the bakery.
bakery can.
4. Delivery and failed deliveries
We deliver within the hours you give us and send a photo at drop-off. Someone must receive the cake; we do not leave cakes outside. After hand-over, refrigeration is up to you.
If we cannot deliver:
- Our fault (late bakery, our car, wrong cake): you are not charged. We will deliver a replacement
- The office was closed or no one would accept it during the hours you gave us: we will text you
as soon as we can, or credit you.
and try again the same day if we can. A cake we do not hand over is not charged on the office plan. If this keeps happening, we may pause the account until the address details are fixed. For a single custom cake, we refund the price minus the cost of the cake already made, or deliver the next business day for the delivery fee.
Something wrong with the cake (wrong name, damaged, not what you ordered): tell us within 24 hours with a photo and we will replace it or credit you in full.
5. Allergies and dietary needs
Our cakes are made in kitchens that may also handle wheat, milk, eggs, soy, tree nuts, peanuts and sesame. We cannot promise that any cake is free of any allergen, even when you choose a gluten-free or vegan cake. We pass allergy and dietary notes to the bakery and print them on the box, but they are information, not a guarantee. Check the box label for ingredients before anyone eats. For anyone with a severe allergy, choose "No cake for me" or call us first. The company is responsible for deciding who eats the cake.
6. Messages
By giving us your mobile number and checking the box, you agree to receive automated texts about your orders: upcoming cakes with skip links, delivery photos, and delivery problems. Frequency varies. Message and data rates may apply. Reply STOP to stop, HELP for help. Consent is not a condition of buying. If you stop texts, we will email instead. Order and billing emails are part of the service.
7. Your content and logo
You give us permission to use the names, messages, logos and photos you provide only to make, label, and deliver your cakes and show you previews. You confirm you have the right to use them and that they are not offensive or unlawful. We may refuse a design. We will not show your logo or delivery photos in our marketing without your written permission.
8. Your account
Keep your login private and your people list accurate.
9. Employee information we handle for you
You must have the right to share your employees' information with us. We act as your service provider: we use it only to schedule, make, label, deliver and bill your cakes; we do not sell or share it, use it otherwise, or combine it with other data, except as the California Consumer Privacy Act allows. We protect it with reasonable security, tell you if we cannot meet these terms, help with employees' privacy requests, bind our subcontractors to the same, and delete it within 30 days after your account ends. We will sign a data processing addendum on request.
10. Liability
We will deliver with reasonable care. Except for harm caused by our gross negligence or willful misconduct, or anything the law does not allow us to limit, our total liability for any claim is limited to the amount you paid us in the three months before the claim, and we are not liable for indirect or lost-profit damages. Nothing here limits a claim for personal injury caused by our negligence where California law does not allow that.
11. Ending the agreement
You can cancel any time (section 2). We may end or pause service with notice if invoices are unpaid, if the address cannot be confirmed, or if you misuse the service. Sections 5, 9, 10 and 12 continue after the agreement ends.
12. Law and disputes
California law governs these terms. Please contact us first. Any lawsuit goes to the state or federal courts in San Diego County, and either of us may use small claims court.
13. Changes
We will email you at least 30 days before a change takes effect. Cakes already ordered follow the terms in place when ordered.
Contact
[Entity name], [mailing address], San Diego, CA. [email protected]. [Phone].