Terms of Service

Thank you for choosing yummyKreations!

These terms and conditions serve as the contract between the customer and yummyKreations. By paying this invoice online or in person, the customer is agreeing to these terms and conditions.
Terms and conditions are subject to change without notice. 

PAYMENTS

All food sales are final. All payments are non-refundable. Store credit can only be issued by yummyKreations Management. The initial deposit reserves your event date is non-refundable and non-transferable. Its monetary value cannot be applied to store credit or a later date.  When we take your event order, we begin the process of declining other orders. As we get closer and closer to your event date, the chances of re-booking your date are greatly reduced. The balance must be received within the following time frames below. Reservation deposits should be received within 72 hours of invoice receipt. Final payments are due on the date specified in the invoice. A 15% late fee will be charged each day the final payment is late. 



CATERED ORDERS (wedding, birthday, shower, anniversary, etc.)


When ordering 14 days or more in advance, a 50% non­-transferable deposit is required to confirm your reservation. Final payment is due fourteen (14) days prior to the event date. If this order has been placed within 14 days of the event date, payment in full is required to confirm your reservation.  If the event is postponed for any reason, the remainder will be split into two equal payments. The first payment is due on the ORIGINAL due date. The second payment is due fourteen (14) days prior to the NEW event date.  Any subsequent rescheduling will incur a $75 rescheduling fee for each occurrence.  A 15% late fee will be charged each day any of the aforementioned payments are late.


OCCASIONAL SPECIALTY ORDERS (bereavement, corporate events, house-warming, etc.)

When ordering 14 days or more in advance, a 50% non­-transferable deposit is required to confirm your reservation. Final payment is due seven (7) days before delivery or pickup of the items ordered. If this order has been placed within 14 days of the event date, payment in full is required to confirm your reservation.  A 15% late fee will be charged each day the final payment is late.

SOLE PROVIDER

For reputation-management and food-safety reasons, all desserts or desserts for your event must be supplied by yummyKreations. If any dessert is provided by an individual or company other than yummyKreations without prior notification and our express written consent, we reserve the right to leave your venue without setting up your dessert, and all payments made will be forfeited. The undelivered items will be disposed of at yummyKreations' discretion.

CHANGES

The final date of any changes for the size, flavor, style, etc. of the dessert is due 30 days prior to the event. Any changes after this date cannot be guaranteed and may be subject to additional charges. 
All changes to existing orders must be submitted in writing through email only. Changes communicated via phone, social media messaging, text, etc. will not be honored.  Seasonal items may incur an additional charge or may be substituted if unavailable.

VARIATIONS IN DESIGN

While yummyKreations makes every effort to provide exactly the flavor, filling, decoration, size, color, shape, and design discussed during consultations, creating desserts is an art form and may be subject to variations. If the customer supplies an image or likeness to be created, yummyKreations will make every attempt to make the item as close to the likeness as possible. In the event that the product requires equipment or ingredients that cannot be obtained within the time allotted (exotic flavors, molds, shapes, stamps, texture, additional novelty such as glitter), the closest resemblance available will be used to complete the product. Color matching is not a precise science and different sugar substrates take color differently. yummyKreations 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 are just not achievable using food-grade dyes.
yummyKreations cannot match a “verbal” color or a color sent via an electronic device, as all monitors display color differently. To attempt a color match, you must provide a color swatch 14 days in advance of the event. To maintain stability and the integrity of your event dessert, yummyKreations reserves the right to make design and make structural changes to your dessert on-site or off, without prior notification.

SITE & VENUE CONDITIONS

yummyKreations reserves the right to refuse set up of a dessert in any location that is not properly air-conditioned or weatherproofed or on any dessert plateau or stand that does not appear sturdy enough to hold the weight of our desserts. All efforts will be made to work with venue staff to find placement better suited for your dessert to make sure it looks beautiful on your arrival. Some desserts can be quite heavy and require a perfectly level and sturdy table and dessert plateau/stand. yummyKreations is not responsible for any damage caused by tables or dessert plateaus/stands that were unable to withstand the weight of our desserts or is improperly installed.
Once desserts are set up, they are not intended to be moved until served. yummyKreations is not responsible for damage caused by others after the dessert is set up by yummyKreations staff 
Tall cocktail tables are not suitable for tiered desserts over 2 tiers tall, and are not recommended, as someone will have to climb a ladder to both set up the dessert, and again at the reception to disassemble and serve your dessert.
Please be aware that 5 tiered or larger desserts on a standard height table may require a step stool or step ladder to disassemble and serve.

RIGHTS & WAIVERS

yummyKreations reserves the right to take photos of the product for display or promotion without the customer's consent.
yummyKreations is not responsible for any damage to the dessert after delivery/set up is complete. Some desserts are heavy and require a climate-controlled environment (at or below 75 degrees). 
If flowers are provided by an outside source, the arrangement of the flowers is included in the delivery fee. It is acknowledged by yummyKreations and the customer that fresh flowers are not a food product. They may contain pesticides, dirt, insects, and other contaminants. 
If the customer elects to pick up the dessert, the customer is responsible for the dessert as soon as it leaves yummyKreations' premises. Upon visual inspection of the dessert and its departure from the premises, the customer approves the dessert's visual appearance and waives any rights to a refund based on the style, design, or visual appearance of the dessert. 
The product may contain or come into contact with milk, wheat, nuts, soy, and other allergens. The customer is responsible for notifying the guests. yummyKreations is not responsible for any adverse effects or allergic reactions. 
Upon the event of a natural disaster, accident, or other situation outside of yummyKreations' control, this contract may be voided.
 yummyKreations will endeavor to perform its services in a professional manner and provide the best customer experience possible. In the event that our products or services do not meet our high standards or the client is dissatisfied, we may--at our discretion--provide the amount paid for those products and services in the form of store credit. yummyKreations' total liability is hereby limited to amounts paid to yummyKreations for its goods and services. yummyKreations 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 an expressed or implied warranty, negligence, strict liability, tort, or otherwise. 
Only items, actions, and dessert details explicitly listed in the invoice are guaranteed by yummyKreations. 

DISPUTES & GRIEVANCES

All disputes and grievances concerning service rendered or products provided must be submitted in writing via email within 7 days of the date of service.  All food sales are final. All payments are non-refundable. Any compensation provided in response to a dispute or grievance will be in the form of store credit only.  The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within thirty (30) days from the date on which either Party has served written notice on the other of the dispute, then the remaining provisions of this clause shall apply.
Arbitration In the event of a dispute between the Owner and the Operator (other than a matter to be resolved pursuant to this clause) concerning the interpretation of any provision of this agreement or the performance of any of the terms of this Agreement, such matter or matters in dispute shall be finally settled:  a. under the Rules of Conciliation and Arbitration of the International Chamber of Commerce; b. by three arbitrators, one appointed by each Party, and the third, who shall be the chairman, selected by the two appointed arbitrators and failing agreement by the Chairman of the International Chamber of Commerce; c. the language of the arbitration shall be English; and d. the place of the arbitration shall be in Rochester, NY. The determination of the arbitration entity is final and cannot be disputed further.  Performance of this Agreement shall continue during arbitration proceedings or any other dispute resolution mechanism pursuant to this clause. No payment due or payable by the Owner or the Operator shall be withheld on account of a pending reference to arbitration or other dispute resolution mechanism except to the extent that such payment is the subject of such dispute.

CANCELLATIONS

Any cancellations must be made 72 hours in advance in writing at yummyKreations4@gmail.com and will result in a Store Credit ONLY.