BUSINESS TERMS AND CONDITIONS:

 

When placing an order with Simply Good Desserts (hereinafter “Me”, “My”, “I”, “We”, “Us”, “Our”, “Simply Good Desserts”), you (hereinafter “You”, “Your”, “Customer”, “Client”) agree to the following Terms and Conditions: 

 

Accepting our terms and conditions and payment establishes a legally binding agreement between you and Simply Good Desserts.

 

OUR GUARANTEE:

 

Simply Good Desserts will provide a professionally decorated dessert as specified in the invoice or contract. We appreciate your business and 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 your invoice outlines. However, if you are unsatisfied with our product(s), please let us know when you receive your order.

 

DESIGN AND CONSULTATION:

 

You may select from our existing portfolio (simplygooddesserts.com), or our bakery can design something unique for you. Our bakery offers no-obligation design consultations.  Simply Good Desserts will follow your requests closely to create your desired design. 

 

ARTISTRY:

 

When you agree to our business terms and conditions and pay for your order, you agree that any items ordered will be reproduced as Simply Good Dessert’s interpretation of the item and will not be a replica.  We reserve the right to exercise artistic licensure to guarantee the structural, visual, and creative integrity of a cake or dessert structure. Custom cakes are a work of art; therefore, we will not copy the work produced elsewhere due to copyright or trademark laws.  The finished product(s) will be as similar as possible. We will make every attempt to provide the design as requested, including matching colors. 

 

INQUIRIES:

 

We will send you a price quote within seventy-two hours of your request or consultation. Your event date is secured, and your order is confirmed upon receipt of the booking fee. 

 

ORDERS:

 

Celebrations:

Must be secured with a booking fee at least one week before the required collection date.  Sometimes our bakery can accommodate an order with shorter notice, so please get in touch with us to discuss your needs. 

 

Weddings:

Must be secured with a booking fee at least three months before the required collection date. Sometimes our bakery can accommodate an order with shorter notice, so please get in touch with us to discuss your needs.

 

BOOKING FEES & PAYMENTS:

 

The booking fee is due when the order is placed and represents your acceptance of all order details.  We will only treat your order as confirmed once your booking fee has been received.  We will only hold your collection date if the booking fee is received within three days of the invoice date.  After this time, your date is not guaranteed and will be available to other customers.

 

• All celebration orders under $150 require a booking fee of 50% payment at the time of booking.

• All celebration orders over $150 require a booking fee of 25%.  Short notice orders placed within fourteen days of the collection date are an exception with a 50% payment at the time of ordering.

• All wedding orders require a booking fee of 25% to secure your order.  Short notice orders placed within one month of the wedding date are an exception with a 50% payment at the time of ordering.  Wedding orders totaling less than $300 require full payment at the time of ordering.

 

Payment in full is still subject to the cancellation and refund policy.

 

Please note that all booking fees are NON-REFUNDABLE and NON-TRANSFERABLE.  If Simply Good Desserts needs to cancel your order, we will REFUND any booking fees paid.  Reasons we may need to cancel include but are not limited to death, injury, illness (due to health and safety regulations), severe medical conditions, or an accident of myself or any immediate family member.

 

Method of Payment:

• In store with manager/owner

• Over the phone with manager/owner (575) 242-1544

• Through invoice (sent by manager/owner)

 

FINAL BALANCE PAYMENTS:

• Celebration orders (over $150) – final payment is required two days before the collection date.

• Wedding orders – final payment is required one week before collection or delivery.

 

NON- PAYMENTS:

Simply Good Desserts will only complete an order if paid for in full.  If the invoice is not paid in full before the due date, you forfeit your order, and absolutely no refund, future credit, or date change will be permitted under any circumstances.  

 

Simply Good Desserts does not accept responsibility for any loss, howsoever caused for non-payment.  Therefore, if the total amount of an order is not received by the due date, we will mark the order as canceled.  The cancellation policy, therefore, applies in all cases.  If you attempt to make payment after the due date, Simply Good Desserts reserves the right to refuse your payment; accordingly, you will forfeit your  booking fee.  In addition, if Simply Good Desserts Chooses to resume work on the order, you will be charged a late fee of 15% of the total cost of the order (excluding taxes).  Payment is due at the time of confirmation.  

 

COLLECTION (PICK UP):

Collection dates and times are scheduled at the time of ordering. We can make arrangements for certain holidays, weekends, or Sunday orders with a service fee of $10.

 

Collection is available for cookies, cupcakes, cakes, muffins, etc. 

 

Please be on time to collect your order. During regular business hours you will not be penalized for picking up your order after your pickup time. However, if you could give us a call to let us know that you will be late it would be greatly appreciated. For pick up during non-business hours you have a 15-20 minute window to pick up your order.  Unfortunately, we cannot guarantee that we will remain at the pick up location outside your collection window. Therefore, a fee of $10 will be applied every fifteen minutes beyond your collection window.  Late fees must be paid to collect your order.  

 

If you cannot make your scheduled collection time, please call to reschedule.  If you do not call to reschedule your collection time and are late, a late fee will be applicable.  If you are early, you must wait until the agreed-upon time to collect your order.

If you or your designee opt to pick up your order and opt not to have us deliver to your venue, you must sign our self-transport Waiver, releasing us of any responsibility for damage that might occur during transport.

 

Upon visual inspection of your order and its departure from the premises, you or your designee approve the cake's visual appearance, waiving any rights to a refund based on the product's style, design, or visual appearance(s).  A signature is required at collection, confirming that you have received your order in good condition and as specified.  We will not accept liability for any damage sustained to any product(s) once it has been collected and signed for.

 

NO CALL, NO SHOW ORDERS:

Any order that is not picked up at the agreed-upon time without an attempt to reschedule is forfeited, and absolutely no refund, future credit, or date change will be permitted under any circumstances.
Order(s) may be donated to charity or resold at the discretion of Simply Good Desserts.
Because of the nature of our business and our quality and freshness assurance, we will dispose of any items that have not been picked up or delivered within 48 hours after the specified collection time has passed.

 

DELIVERY:

Simply Good Desserts is not obligated to offer or accept any delivery services for your event. If we agree to delivery it should be arranged at the time the reservation is placed or as soon as possible afterward. The delivery charge covers our time, fuel costs and set-up. The cost of delivery is based on mileage and time. Delivery charges will be determined once an order is placed. 

 

It is your responsibility to ensure that you have provided the correct delivery information and to ensure that the venue is open and available at the arranged time. If no one is available to receive the order at the agreed delivery time, your order will be returned to our bakery, and we will contact you to arrange an alternative delivery time; for which a charge will be assessed. We accept no responsibility for any loss or consequential loss incurred by the customer as a result.

 

Simply Good Desserts is not responsible for any delay or inability to deliver based on accidents, natural disasters, transportation issues, inclement weather, illness, death, labor troubles, delay of supplies, disputes, strikes, or any other circumstance beyond our control.  

 

In the case of an unavoidable situation, such as a car accident or poor road conditions during delivery, Simply Good Desserts cannot be held liable for more than the cost of the order.

 

SET UP:

Simply Good Desserts is not obligated to offer or accept the responsibility of setting up your products for your event. If we agree to set up for your event the service will include unboxing and placing the desserts on their respective displays, touch-ups, floral placement, and final designs.  Please ensure any display pieces you provide are on the cake table before our arrival.  We do not offer full table design, draping, and lighting.  This is best left to your coordinator prior to our arrival.  Additional fees will apply.

 

DATE CHANGES & CANCELLATIONS:

If, for any reason, you need to revise your occasion date, our bakery will try our best to accommodate these changes at no additional cost, provided sufficient notice and the new occasion date is available. Our bakery will do our best to accommodate your order, but we CANNOT GUARANTEE the availability. 

We accept cancellations up to 5 days before the delivery or pickup date. Simply Good Desserts reserves the right to charge a cancellation fee if insufficient time is given due to costs incurred in the purchase, preparation and prioritization of the order.

 

REFUND POLICY:

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We take pride in all of our products. If you are unhappy with your order and/or purchase when picking up or within 24 hours of pick-up/working days, immediately notify us of your concern and return your complete order to us. 

No refunds are  given on any orders unless the complete order is returned. NO CASH refunds, only store credit. 

We are not responsible for orders once they leave our premises. We are not responsible for any damage occurring to your order during transport, set-up or any time thereafter. You will be given instructions on how to carry, transport, and store your order upon pick up. If you do not receive these instructions please ask one of our associates. Keep in mind that cakes are very fragile and damages can occur if not handled properly, such as cracks, smudges, melted frosting, etc. 

We only give refunds in accordance with the refund policies stated below.

Full refunds requested after the cake has been accepted and picked up will not be honored. 

 

DISCLAIMER:

 

We always put in our best efforts to make sure that your order is decorated to the specification on your written order form. Upon pick-up of your cake, adjustments can usually be made for an additional charge if it was not stated on your original order. If for some reason something is not decorated correctly as stated on your order, we can usually make necessary changes right away.

Every order is hand-made. Decorative finishes are done by hand and are subject to the artistic interpretation of our expert cake decorators. You may provide us with a photograph for inspiration and duplication; however, we make no claims for exact duplication of the work done by other cake decorators.

Please note that orders placed over the phone or email are extremely "fragile". Creating your order always requires a lot of details and information to avoid any possible errors. If you are trying to order a highly decorated cake over the phone or email, you should provide us with a reference picture (by email). Please note that we can not read your mind and there are a lot of chances that the design of your cake will be different from what you are expecting if not enough information is provided. 

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DESIGN ALTERATIONS:

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Your order is important to us, so please take the time to check the details of your order carefully. You are responsible for contacting us about any changes required to your original order.  Any changes made to your original design after the order has been secured with a booking fee are subject to a design change fee and a difference in the quoted price. Simply Good Desserts will try to accommodate any changes where possible.  However, we cannot guarantee to do so and reserve the right to increase the price quoted for any extra work required.  You will not be refunded for supplies that may no longer be needed but have already been purchased.  Please note that our bakery cannot make any changes within seven days of the delivery/collection for celebrations or four weeks of weddings. 

 

CAKE/CUPCAKE DECORATIONS:

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You assume full responsibility for removing non-edible cake/cupcake décor from your cake/cupcakes before cutting or serving. This includes but is not limited to name tags, cake toppers, cupcake toppers, or any items standing on the cake, rhinestone decorations, ribbons, sugar flowers, etc. While some of these items may be made from edible materials, they may not be intended for consumption. Items such as wires, skewers, dowels, or other items are used for strength and flexibility to achieve the desired appearance of the decoration. We strongly advise against eating décor. Be mindful of placing décor items from cakes/cupcakes in reach of or near children and other guests.

 

Upon collection or delivery, Simply Good Desserts will inform you or your designee of any non-edible items that must be removed before serving.

 

FRESH FLOWERS:

Simply Good Desserts is not responsible for supplying any fresh flowers.  If you intend to use fresh flowers on the cake, you must obtain flowers from an outside reputable florist.  Fresh flowers are not food products and may contain pesticides, insects, dirt, or other contaminants.  Please note that some flowers are not suitable for use on cakes.  It is your responsibility to determine flower safety and safe food practice.  

 

Simply Good Desserts will carefully prepare the flowers and arrange them on the cake for an additional fee. You assume all liability and responsibility for the condition of the cake altered by anyone other than Simply Good Desserts.

 

COLOR MATCHING:

We ask that you provide a swatch/reference picture of the shade you would like for color matching.  We will do our best to match any color requests for icings. We aim for a perfect match, but this is not always possible. We will do our best to color match (within three shades darker or lighter) samples given to us, but please keep in mind that we are working with a food product and edible colors. Light vastly affects colors, and we cannot guarantee exact color matches or color stability.  Cakes/cupcakes should be displayed out of direct sunlight to keep colors from fading. Please be advised that dark colors sometimes taste slightly bitter or stain.

 

EQUIPMENT AND RENTAL:

A cash security deposit is required for your rented items in case of loss, theft, or damage.  All rental items will be for three days, including the day of the event, plus two days after. A late fee of $20 per day will be imposed for each day the item(s) are late. If any rented items are not returned or damaged in any way, the client will be responsible for the cost of replacing the entire item. The security deposit will be refunded when all rental items are cleaned by the client and returned in the same condition.  If rented items are not cleaned upon return, a cleaning fee of $25 will be subtracted from the security deposit.

 

PRESENTATION & DISPLAY:

While Simply Good Desserts tries to ensure that our products are well presented and look the absolute best, the stability or levelness of the table upon which the items are displayed or the quality of the environment around the items is outside our control. Please ensure the “presentation table” is stable, level, and sturdy enough to hold the display. Once the order is delivered/collected, set up, and signed for, Simply Good Desserts is not responsible for any interference or damage.

 

SERVING SIZES:

Our standard cake serving sizes differ with each size and style of cake. Serving size estimations are not guaranteed to be exact. Methods of slicing may affect the total serving number.  Our bakery provides cake-cutting guides with all orders for you to follow to get the ordered serving count.

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QUALITY & STORAGE;

Your order will be baked as close to your delivery/collection day as possible to ensure quality and freshness. We use whipped topping for all of our cake/cupcake orders so we suggest that all cakes and cupcakes be refrigerated immediately in order to preserve the quality and freshness of your order. We suggest that cakes/cupcakes should be eaten as close to the delivery/collection date as possible. Simply Good Desserts advises that all food must be consumed within 24 hours of the first serving. Any food consumed after 24 hours or later is at the client’s discretion and becomes their responsibility.  Once products have been delivered, the responsibility of consumption lies with the customer and, therefore, indemnifies Simply Good Desserts of all liability for personal use.

 

ALLERGIES:

Please be aware that while your order may not be made with nuts or a nut product, it will have been prepared in a kitchen where nut products may be used in other cakes or products. We cannot guarantee that your product(s) will be free from all nut traces.  

 

Please also be aware that while your order may not be made with gluten products, it will have been prepared in a kitchen where gluten products may be used in other cakes or products. Even though we do our best to keep our gluten friendly orders away from any possible contaminants we cannot guarantee that your product(s) will be free from traces of gluten. 

 

All products may contain, or come into contact with, soy, wheat, dairy, nuts, natural dyes, artificial dyes, artificial flavorings, sugar, artificial sweeteners, artificial color, and other allergens not listed.  It is your responsibility to inform your guests of this allergy information.  Simply Good Desserts will not be held liable for any allergic reaction resulting from the consumption of any products. 

 

WEATHER:

Heat and humidity can adversely affect our product(s).  In warmer months, it is advised that our product(s) be kept in an air-conditioned area or, at the very least, a cool area. It is strongly suggested that the product(s) being collected by the customer are transported in an air-conditioned vehicle. Simply Good Desserts is in no way responsible for any damage that may occur due to weather conditions.

 

EXEMPTION:

Where damage does occur to the irrefutable fault of Simply Good Desserts, a partial or full refund may be given.  This will be determined on an individual basis. Proof must be provided immediately, either in person or by way of pictorial evidence. The customer is made aware that specific designs (e.g., topsy-turvy) are more structurally sensitive than others; improper handling can lead to damage. Assuming all precautions have been taken by us to provide you with sound structural support, Simply Good Desserts accepts no liability for any damage that may occur once products are in the customer's possession.

 

PHOTOGRAPHS:

Simply Good Desserts reserves the right to use all photographs of the products for advertising purposes without compensation to you.

 

LIABILITY:

Simply Good Desserts is not responsible for bodily injury or consequential damage which may result from services.

 

By placing an order with Simply Good Desserts, you agree to these Terms and Conditions in their entirety.