Terms and Conditions
We take great pride in our work and are in business solely to provide you excellence in taste and in art.
We reserve the right to use creative license where we feel necessary in order to maintain the quality of our product and designs. Please keep in mind this is a food based art. The end result will never be absolutely perfect (after all we are imperfect humans), but we will do our best to provide you the design you requested.
PICKING UP YOUR CAKE
Drive slow- no sudden stops, no sudden acceleration, no sharp turns, etcÔÇª Keep your car COLD.
Keep your cake refrigerated until 2-3 hours before serving.
Cake and icing are very fragile. Speeding, going over bumps, slamming on the brakes, a wobbly table, someone bumping the table, leaving it in the car in hot weather, leaving it in your warm home in hot weather, allowing cats, dogs, children, or adults near the cake can cause damage that we are not responsible for.
If any of the above occur after you have picked up the cake which results in damage to the cake, we will not be responsible for any of the damage or consequential damages or expenses that you incur.
Feel free to ask us if we might be able to repair it, but note that you may incur a service/repair charge.
WHEN DO WE GIVE STORE CREDIT OR REFUND?
DEPOSITS ARE NON-REFUNDABLE. If you cancel a cake order before we have a chance to deliver it to you or you pick up, there is NO Refund. If you pre-paid in full, or placed a deposit, you will NOT get a refund if you cancel your order before we have a chance to deliver it to you or for you to pick up.
Unless you cancel with at least 10 days notice. With 10 day notice we will provide you a refund, less a 30 percent cancellation fee.
If you cancel with less than 10 days notice, you will receive a store credit (minus 30% handling/cancellation fee).
If you come to our store for pick up and the cake does not meet your expectations, we will give you a store credit (minus 30% handling/cancellation fee). NOTE: If we give you a store credit, you CANNOT keep the cake. You only get the store credit if you refuse to accept the cake. We will NOT negotiate a partial refund, nor partial credit if you keep the cake. This is a take it, or leave it policy. If you decide to cancel your order before it is due you will get a store credit only.
If we deliver the cake to you and the cake does not meet your expectations, we will give you a store credit (minus 30% handling/cancellation fee). NOTE: If we give you a store credit, you CANNOT keep the cake. You only get the store credit if you refuse to accept the cake. We will NOT negotiate a partial refund, nor partial credit if you keep the cake. This is a take it, or leave it policy. If you decide to cancel your order before it is due you will get a store credit only. Also, note that the delivery fee is not refundable.
Refunds are only provided under the following circumstances. If we fail to deliver your cake on the date and time stated on your invoice or contract for your wedding, or event. If we deliver the cake 2 hours late, or less than 2 hours late, we will NOT provide a refund. Further, if customer provides wrong date, time or address for delivery, we will NOT provide a refund. **We will not be responsible for any additional expenses that you incur as a result of our failure to deliver the cake. Our liability is limited to the contracted value of the cake.**
ThatÔÇÖs it. We do not give refunds under any other circumstances. Refunds are given within 10 days (Refund is given minus 30% restocking/cancellation fee.)
SOME THINGS TO UNDERSTAND:
We are not a multi-million dollar operation. We cannot work magic like you see on television shows.
Once a cake has been picked up by you or a designated party it is considered ÔÇ£acceptedÔÇØ. All product is the responsibility of the customer once it leaves our shop. Refunds requested due to decorating style, color shade or general decoration design, imperfections caused by weather, heat, humidity, rain, contamination, freezing or any other factors that are beyond our control will not be honored We only give refunds in accordance with refund policies stated above. Each cake decorator has a different touch, a different style. If you provide a picture as a model for us to follow, please realize there might be slight differences.
We bake one day decorate the same. If you need to postpone your cake for another date, we require at least one week notice. With less notice, we can reschedule your order (depending on availability), but you may incur an extra charge to redo the cake/elements on the cake. If youÔÇÖd like to change the flavor of your cake, we require 72 hours notice. WEDDING CAKE POLICIES are on the Wedding Cake Contract.
Cake flavor and texture is subjective. Refunds requested due to flavor or texture after cake has been accepted and picked up will NOT be honored. You may qualify for 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. Quality determination is solely at the discretion of Panne Rizo.
Our cakes are exceptionally moist. 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.
Back to the wonderful world of cakes!
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE DO NOT USE THE SITE or DO NOT APPLY
MODIFICATION OF SITE TERMS
PANNE RIZO SERVICES
Panne Rizo may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that Panne Rizo intends to offer them in your location. Panne Rizo controls and operates the Site from Canada and makes no representation that the Site is appropriate or available for use in all locations.
ORDER CANCELLATION POLICY
Orders canceled with 48 hours notice will receive a 100% refund via the original method of payment(except special orders like cakes).┬áOrders canceled with less than 24 hour notice will receive 50% of the order value in the form of a store credit.
PANNE RIZO CONTENT
The Content is provided for general informational purposes only and does not constitute any advice, promise, or obligation of Panne Rizo, does not necessarily provide the most up-to-date information about Panne Rizo and/or its products or services, and is subject to change without notice. Although Content is believed to be accurate, Panne Rizo does not guarantee or ensure the accuracy, completeness, or timeliness thereof.
THIRD PARTY CONTENT
You may create a hypertext link to the home page of the Site, but all other linking is prohibited without prior written consent from Panne Rizo. You may not use, frame or utilize framing techniques to enclose any Panne Rizo trademark, logo or other proprietary materials, including the images posted on the Site, the Content of any text or the design of any page, or form contained on a page without Panne RizoÔÇÖs express written consent.
Panne Rizo makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party web site, products or services provided by any third party.
Any and all Content posted on the Site is owned by Panne Rizo and others and is protected by Canada and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Panne Rizo or the respective owner. You may electronically copy and print to hard copy Content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Panne RizoÔÇÖs name, logo or other trademarks for any purpose without the express written consent of Panne Rizo. Any rights not expressly granted herein are reserved by Panne Rizo.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, PANNE RIZO IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY PANNE RIZO, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED ÔÇ£AS ISÔÇØ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT PANNE RIZO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INLCUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF PANNE RIZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF PANNE RIZO (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Panne Rizo and its affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneysÔÇÖ fees and litigation expenses), relating to or arising from your use of the Site, Services or Content.
POLICIES AND ENFORCEMENT
Panne Rizo has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. Panne Rizo may access at any time and use internally for any lawful purpose information stored in its systems. Panne Rizo may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.
CONSENT TO EMAIL COMMUNICATION
When you visit the Site or send an email to us, you are communicating with us┬áelectronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site. When registering for an account, your email is automatically added to our newsletter list. If you would like your email removed please email email@example.com
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or provincial courts located in Vancouver, British Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.
These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed an ÔÇ£originalÔÇØ or ÔÇ£in writingÔÇØ and to comply with all statutory, contractual, and other legal requirements for writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an ÔÇ£originalÔÇØ when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Last updated: October 19, 2013
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