Legal notice
Terms of Service
Overview
Welcome to Maida’s Cake Pop Shop.
The terms “we,” “us,” and “our” refer to Maida’s Cake Pop Shop. Maida’s Cake Pop Shop operates this website and online store, including all related information, content, features, tools, products, and services, in order to provide you with our products and services.
Maida’s Cake Pop Shop is powered by Shopify, which enables us to provide our online store and related services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use our website, place an order, or purchase from us.
By visiting, browsing, using, or purchasing from our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use our website or services.
Section 1 — Access and Account
By using our website or placing an order, 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 consent for your minor dependents to use this website.
You may be asked to provide certain information when using our website or placing an order, including your name, email address, phone number, billing information, payment information, pickup information, delivery information, and order details.
You agree that all information you provide to us is accurate, current, and complete. You are responsible for ensuring that your order details, contact information, pickup or delivery information, and any customization requests are correct before submitting your order.
If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
Section 2 — Our Products
Maida’s Cake Pop Shop sells cake pops and related bakery items, including standard, custom, themed, and special occasion orders.
We make every effort to accurately display and describe our products. However, product appearance, colors, decorations, packaging, and designs may vary slightly from photos or examples shown on our website, social media, or marketing materials. Screen settings, lighting, handmade preparation, ingredient availability, and design complexity may affect the final appearance of an order.
Because our products are handmade and food-based, no two items are guaranteed to look exactly the same.
We reserve the right to change product offerings, descriptions, pricing, availability, flavors, decorations, and packaging at any time without notice.
We may limit or refuse orders at our discretion, including orders that are outside our service area, outside our production capacity, requested with insufficient notice, or involve designs we are unable or unwilling to create.
Section 3 — Custom Orders and Design Requests
Custom orders may include specific colors, lettering, themes, decorations, characters, logos, events, or other design requests.
Customers are responsible for providing clear and accurate design instructions before the order is confirmed. We may use reasonable creative discretion when completing custom orders, especially when exact details are not provided.
Custom colors, designs, lettering, themes, and decorations may vary from reference photos or inspiration images. We do not guarantee exact color matching, exact character replication, exact logo replication, or exact duplication of another baker’s design.
We reserve the right to decline custom requests that are inappropriate, offensive, copyrighted, trademarked, overly complex, unsafe for food preparation, or outside our capabilities.
Additional charges may apply for custom lettering, gold dust, theme designs, rush orders, specialty packaging, or other add-ons. Any applicable charges should be reviewed before checkout or order confirmation.
Section 4 — Allergens and Food Safety
Our products may contain, or may come into contact with, common allergens including but not limited to milk, eggs, wheat, soy, peanuts, tree nuts, and other allergens.
Although we may provide ingredient or allergen information when available, we do not guarantee that any product is free from allergens or cross-contact.
Customers are responsible for notifying us of any allergies or dietary restrictions before placing an order. We reserve the right to decline orders involving allergy or dietary requirements we cannot safely accommodate.
Once an order is picked up, delivered, or transferred to the customer or a third party, the customer is responsible for proper handling, storage, transportation, and serving.
Cake pops should be stored according to any instructions provided. We are not responsible for product damage, melting, spoilage, contamination, or quality issues caused by improper storage, handling, transportation, weather exposure, delay after pickup, or circumstances outside our control.
Section 5 — Orders
When you place an order, you are making an offer to purchase. Maida’s Cake Pop Shop reserves the right to accept, decline, modify, or cancel any order at our discretion.
An order is not accepted until payment has been processed and/or we confirm the order.
Please review your order carefully before submitting it. This includes flavors, quantities, colors, decorations, lettering, pickup or delivery date, pickup or delivery time, contact information, and any custom details.
We may be unable to accommodate changes or cancellation requests after an order has been accepted, especially once preparation, supplies, ingredients, custom work, or production has begun.
If we need to change, cancel, or decline an order, we will attempt to contact you using the email address, phone number, billing information, or other contact information provided at the time of order.
Your purchase is subject to our Refunds and Returns Policy.
Section 6 — Pickup, Delivery, and Shipping
Pickup, delivery, and shipping options may vary based on location, availability, product type, and order size.
Pickup and delivery times are estimates unless expressly confirmed otherwise. Customers are responsible for being available at the agreed pickup or delivery time.
We are not responsible for delays caused by traffic, weather, shipping carriers, incorrect customer information, missed pickup windows, failed delivery attempts, events outside our control, or circumstances caused by the customer.
If shipping is offered, all shipping and delivery timelines are estimates only and are not guaranteed. Once products are transferred to a shipping carrier or delivery service, risk of loss or damage may transfer to the customer to the fullest extent permitted by law.
Because cake pops are perishable and delicate, shipping may not be available for all products, locations, weather conditions, or order types.
Section 7 — Cancellations, Refunds, and No Returns
Because our products are perishable food items, we do not accept returns or exchanges.
Refunds may be considered on a case-by-case basis depending on the circumstances, but refund approval is not guaranteed.
Cancellation requests should be made as soon as possible. Orders that have already been started, completed, customized, prepared for pickup, prepared for delivery, or prepared for shipping may not be eligible for a full refund.
Please review our Refunds and Returns Policy for more information.
Section 8 — Prices and Billing
Prices, discounts, add-ons, fees, and promotions are subject to change without notice.
The price charged for an order will be the price in effect at the time the order is placed or confirmed, unless there is an error, omission, or issue requiring correction.
Posted prices may not include taxes, delivery fees, shipping fees, handling fees, rush fees, customization fees, or other applicable charges unless expressly stated.
You agree to provide current, complete, and accurate purchase, payment, billing, and contact information for all orders.
You represent and warrant that you are authorized to use the payment method provided and that all charges incurred by you will be honored by your payment provider.
Section 9 — Intellectual Property
All content on our website and related materials, including but not limited to text, graphics, images, photos, videos, logos, product names, designs, layouts, branding, and other content, is owned by Maida’s Cake Pop Shop or used with permission.
You may not copy, reproduce, distribute, modify, publish, display, sell, or use our content without our prior written permission.
Maida’s Cake Pop Shop’s name, logo, product names, designs, and branding may not be used without our prior written consent.
All other trademarks, logos, brand names, or copyrighted materials appearing on our website or in custom order references remain the property of their respective owners.
Section 10 — Customer-Provided Content
If you send us photos, logos, design references, inspiration images, text, names, themes, or other materials for a custom order, you represent that you have the right to provide and use those materials.
You agree that Maida’s Cake Pop Shop is not responsible for any claims related to customer-provided designs, logos, images, trademarks, copyrighted materials, names, or other protected content.
We may refuse to create designs that appear to infringe on intellectual property rights or that we are otherwise uncomfortable producing.
Section 11 — Optional Tools and Third-Party Services
Our website may include access to third-party tools, apps, payment processors, calendar tools, checkout features, shipping tools, or other services that we do not own or control.
These third-party tools are provided “as is” and “as available” without warranties or endorsements from us.
Your use of third-party tools is at your own risk and may be subject to separate terms and policies from those third parties.
Section 12 — Third-Party Links
Our website may contain links to third-party websites, apps, services, or resources. We are not responsible for the content, accuracy, privacy practices, policies, or services of third-party websites.
If you access third-party websites or services, you do so at your own risk. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
Section 13 — Relationship with Shopify
Maida’s Cake Pop Shop is powered by Shopify, which enables us to provide our online store.
However, any sales and purchases made through our store are made directly between you and Maida’s Cake Pop Shop. Shopify is not responsible for any aspect of any sale between you and Maida’s Cake Pop Shop, including any injury, damage, loss, refund, product issue, order issue, or dispute arising from your purchase.
By using our website, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Maida’s Cake Pop Shop.
Section 14 — Privacy Policy
Personal information collected through our website is subject to our Privacy Policy.
Because our website is powered by Shopify, Shopify may also collect and process personal information related to your access and use of our website in order to provide and improve the services.
By using our website, you acknowledge that you have read our Privacy Policy and understand that your information may be processed by Shopify and other third-party service providers as needed to operate our store, process payments, fulfill orders, and provide customer service.
Section 15 — Feedback, Reviews, and Photos
If you submit, post, tag, upload, email, or otherwise provide reviews, comments, photos, videos, suggestions, feedback, or other content related to Maida’s Cake Pop Shop, you grant us permission to use, reproduce, publish, display, share, and promote that content for business, marketing, website, and social media purposes.
You represent that you own or have the rights to any content you provide and that your content does not violate the rights of any third party.
We may, but are not required to, monitor, edit, remove, or refuse content that we determine is inappropriate, inaccurate, offensive, unlawful, misleading, or otherwise objectionable.
Section 16 — Errors, Inaccuracies, and Omissions
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, availability, delivery options, shipping charges, transit times, or other details.
We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.
We reserve the right to change or update information, cancel orders, or refuse orders if any information on our website or in an order is inaccurate.
Section 17 — Prohibited Uses
You may use our website and services only for lawful purposes.
You agree not to use our website or services:
- For any unlawful, fraudulent, harmful, or malicious purpose
- To violate any federal, state, local, or international law
- To infringe on our intellectual property rights or the rights of others
- To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person
- To submit false, misleading, or inaccurate information
- To upload or transmit viruses, malware, or harmful code
- To spam, phish, scrape, crawl, or otherwise interfere with our website
- To impersonate another person or entity
- To interfere with the security, functionality, or operation of our website
- To place fraudulent orders or abuse promotional offers
- To engage in conduct that may harm Maida’s Cake Pop Shop, Shopify, our customers, or any third party
We reserve the right to suspend, restrict, or terminate your access to our website or services if we believe you have violated these Terms.
Section 18 — Termination
We may terminate or suspend your access to our website or services at any time, without notice, if we determine that you have violated these Terms or engaged in conduct that may harm our business, customers, website, or third-party partners.
You remain responsible for all amounts owed up to the date of termination.
Sections that by their nature should survive termination will continue to apply, including but not limited to intellectual property, customer-provided content, feedback, disclaimers, limitation of liability, indemnification, governing law, and payment obligations.
Section 19 — Disclaimer of Warranties
Our website, services, and products are provided to the fullest extent permitted by law on an “as is” and “as available” basis.
We do not guarantee that our website will be uninterrupted, secure, timely, error-free, or free of viruses or harmful components.
Except as expressly stated by Maida’s Cake Pop Shop, we make no warranties, representations, or conditions of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Because our products are handmade and perishable, we do not guarantee exact appearance, color matching, decoration placement, flavor preference, design interpretation, or that a product will meet subjective expectations.
Some jurisdictions do not allow limitations on implied warranties, so some of the above limitations may not apply to you.
Section 20 — Limitation of Liability
To the fullest extent permitted by law, Maida’s Cake Pop Shop, its owners, employees, contractors, service providers, partners, affiliates, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or similar damages arising from your use of our website, services, or products.
This includes, without limitation, damages related to order delays, missed events, customer handling, improper storage, product appearance, third-party delivery issues, shipping delays, website errors, payment processing issues, loss of data, lost profits, or replacement costs.
To the fullest extent permitted by law, our total liability for any claim related to an order shall not exceed the amount you paid for the specific order giving rise to the claim.
Section 21 — Indemnification
You agree to indemnify, defend, and hold harmless Maida’s Cake Pop Shop, Shopify, and our respective owners, employees, contractors, service providers, affiliates, partners, licensors, and agents from any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of:
- Your breach of these Terms;
- Your violation of any law or third-party right;
- Your misuse of our website or services;
- Your customer-provided content, images, designs, logos, or other materials;
- Your improper handling, storage, transportation, serving, or use of our products after pickup, delivery, or transfer.
Section 22 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be considered severed from these Terms.
The remaining provisions will remain valid and enforceable.
Section 23 — Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any policies posted by us on our website, including our Privacy Policy and Refunds and Returns Policy, constitute the entire agreement between you and Maida’s Cake Pop Shop regarding your use of our website and services.
Any ambiguities in these Terms shall not be construed against the drafting party.
Section 24 — Assignment
You may not assign, transfer, or delegate these Terms or your rights or obligations under them without our prior written consent.
We may assign, transfer, or delegate these Terms and our rights and obligations without notice or consent.
Section 25 — Governing Law
These Terms of Service and any separate agreements by which we provide products or services to you shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles.
You agree that any dispute arising from or relating to these Terms, our website, our services, or any purchase from Maida’s Cake Pop Shop shall be brought in the state or federal courts located in Washington, unless otherwise required by applicable law.
Section 26 — Changes to These Terms
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website.
It is your responsibility to check this page periodically for changes. Your continued use of our website or services after changes are posted constitutes acceptance of those changes.
Section 27 — Contact Information
Questions about these Terms of Service should be sent to us at:
Maida’s Cake Pop Shop
Email: sales@maidascakepopshop.com
Business Address: [INSERT BUSINESS ADDRESS]
Phone Number: [INSERT BUSINESS PHONE NUMBER]
Business Registration Number: [INSERT BUSINESS REGISTRATION NUMBER, IF APPLICABLE]