Terms of Service for Whipped Cupcakery

Welcome to Whipped Cupcakery! This website is operated by Whipped Cupcakery ("we," "us," "our"). By using our website, placing an order, or engaging with any of our services, you agree to the following Terms of Service ("Terms"). Please read them carefully.

These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors. If you do not agree to these Terms, please refrain from using our website or services.

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page, and your continued use of the website or services after changes are made constitutes your acceptance of those changes. Please review these Terms regularly.

Online Store Terms

By agreeing to these Terms, you represent that:

• You are at least the age of majority in your state or province of residence or that you are the age of majority and have given us consent for any minor dependents to use this site.

• You will not use our products for any illegal or unauthorized purpose, nor violate any applicable laws in your jurisdiction (including but not limited to copyright laws).

• You will not transmit viruses, worms, or any malicious code through our site.

• A breach of these Terms may result in the termination of your account or access to our services.

General Conditions

• We reserve the right to refuse service to anyone, for any reason, at any time.

• You understand that your content (excluding payment information) may be transferred unencrypted and may involve transmissions over various networks, with changes to conform to technical requirements.

• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

• The headings used in this agreement are for convenience only and do not limit or affect these Terms.

Accuracy, Completeness, and Timeliness of Information

• We are not responsible for any inaccuracies or errors in the information on our website. The material is for general information only and should not be solely relied upon for decision-making.

• This site may contain historical information, which is provided for reference only and may not be current. We reserve the right to modify or update information on the site at any time but have no obligation to do so.

Modifications to the Service and Prices

• Prices for our products may change without notice.

• We reserve the right to modify or discontinue the Service at any time, without notice. We will not be liable for any changes, price adjustments, suspensions, or discontinuations of our services.

Products and Services

• Certain products may be available exclusively online through our website, and quantities may be limited.

• We strive to display accurate colors and images of our products, but cannot guarantee that your monitor’s display will reflect the exact color of the product.

• We reserve the right to limit the sales of products or services to any person, region, or jurisdiction.

• Descriptions and prices of products are subject to change without notice.

• We do not guarantee that the quality of products will meet your expectations or that errors in the service will be corrected.

Receipt of Materials and Food Preparation

• If you are not home at the time of delivery, your order will be left at your door or a common area.

• We recommend you follow the USDA’s food handling guidelines to ensure safe consumption. Once the product is delivered, it is at your risk.

• Whipped Cupcakery is not responsible for death, bodily injury, property or consequential damage, which may result from products or services.

• Whipped Cupcakery is not responsible for any damage to the cake or shortage of cake caused by anyone NOT employed by Whipped Cupcakery.

Allergens

• Our facility handles the eight major allergens identified by the U.S. Food and Drug Administration: wheat, egg, soy, milk, tree nuts, peanuts, fish, and shellfish.

• While we take precautions to minimize cross-contamination, we cannot guarantee that products are free from these allergens. It is your responsibility to be aware of any allergies or dietary restrictions and verify ingredients before consumption.

• Whipped Cupcakery does not warrant that product or ingredient information on the website is accurate, complete, or current. We recommend contacting us directly if you have concerns about allergens or ingredients.

• Whipped Cupcakery is not responsible for death, bodily injury, property or consequential damage, which may result from products or services.

• Whipped Cupcakery is not responsible for any damage to the cake or shortage of cake caused by anyone NOT employed by Whipped Cupcakery.

Accuracy of Billing and Account Information

• We reserve the right to refuse or cancel any order at our discretion, including limiting the quantities purchased per person, per household, or order.

• You agree to provide accurate and current account information, including email, billing, and shipping addresses.

• We may refuse orders that appear to be placed by resellers or distributors.

Optional Tools

• We may provide access to third-party tools that we neither monitor nor have control over.

• We make no warranties regarding these tools and are not liable for any harm arising from their use. Use of these tools is at your own risk.

Third-Party Links

• Our website may contain links to third-party sites. We are not responsible for the content, accuracy, or practices of these websites.

• We do not assume liability for any transactions made with third-party sites, and we encourage you to review their policies before proceeding.

User Comments, Feedback, and Other Submissions

• Any comments or suggestions you send us may be used by us without restriction, including for commercial purposes.

• We are not obligated to maintain comments in confidence or pay compensation for them.

• We may monitor and remove content at our discretion, including content that we deem unlawful or offensive.

Personal Information

• Your submission of personal information is governed by our Privacy Policy. Please refer to it for details on how we collect, use, and protect your personal information.

Errors, Inaccuracies, and Omissions

• Occasionally, there may be errors or omissions on our website related to product descriptions, pricing, and availability.

• We reserve the right to correct such errors, cancel orders, or modify information at any time, without prior notice.

Prohibited Uses

You agree not to use the site or its content for unlawful purposes, including:

• Violating intellectual property rights

• Harassing, abusing, or discriminating against others

• Uploading malicious code (e.g., viruses)

• Engaging in illegal activities We reserve the right to terminate your use of the site if any prohibited use is detected.

Disclaimer of Warranties; Limitation of Liability

• We do not guarantee that your use of our products or services will be error-free.

• We do not assume responsibility for any loss or damages arising from your use of our products or services.

• Our liability is limited to the maximum extent permitted by law.

• While we strive to provide the highest quality products and services, Whipped Cupcakery makes no representations or warranties regarding the accuracy, reliability, or completeness of the products or services provided through our website or in our physical store. Our products are offered "as is" and "as available," and we do not guarantee that they will meet your expectations or be free from defects, errors, or omissions.

Risk of Consumption and Food Safety

• By purchasing, receiving, or consuming any product from Whipped Cupcakery, you acknowledge and accept that the handling, preparation, and consumption of food involves inherent risks. Whipped Cupcakery is not responsible for any adverse effects, illness, allergic reactions, or injuries caused by the consumption of our products, including any allergic reactions to ingredients or foodborne illnesses that may arise.

Delivery Services

• Once the products leave our care, the delivery process is outside of our control. We are not liable for any damage, delay, or loss incurred during the shipping or delivery process. If your order is delayed or damaged during delivery, please contact us directly. Additionally, Whipped Cupcakery is not responsible for any delivery issues caused by inaccurate or incomplete information provided by the customer (e.g., incorrect address or failure to receive a package).

Limitation of Liability

• To the fullest extent permitted by applicable law, Whipped Cupcakery and its affiliates, employees, agents, officers, directors, and suppliers shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of data, loss of business, personal injury, property damage, or any other damages arising from or related to:

• Your use or inability to use our website or products

• Any third-party interactions or purchases made through links on our site

• Any errors, omissions, interruptions, or inaccuracies in the products or services we provide

• Any actions or omissions by third-party service providers or delivery carriers

• In no event shall Whipped Cupcakery's total liability to you for all damages, losses, and causes of action exceed the amount you paid for the product or service in question.

Indemnity

You agree to indemnify, defend, and hold harmless Whipped Cupcakery and its affiliates, officers, directors, agents, and employees from any and all claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising out of:

• Your breach of these Terms of Service

• Any claims related to your consumption or use of our products

• Any harm caused by your violation of any laws or rights of third parties

You agree to indemnify and hold Whipped Cupcakery and its affiliates harmless from any claims or liabilities arising from your breach of these Terms or violation of any laws.

Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in effect.

Termination

• These Terms are effective until terminated by either you or us. You may terminate your agreement by ceasing use of our services.

• We may terminate access to our services if we suspect you have violated these Terms.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us.

Governing Law

These Terms will be governed by the laws of [State/Country], and any disputes will be resolved in the appropriate courts of [Jurisdiction].

Changes to Terms of Service

• We reserve the right to update or modify these Terms at any time. Changes will be posted on this page.

• Your continued use of the site after changes are posted constitutes acceptance of the updated Terms.

Contact Information

Questions about the Terms of Service should be sent to us at info@whippedcupcakery.com.