Terms and Conditions of Use
Last Updated on May 20, 2018
This website is owned and operated by The Wine & Dessert Co., LLC doing business as The Sugar Vine. Our principal place of business is located at 6046 FM 2920, #332, Spring, TX 77379.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of The Sugar Vine, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
Any communications made through our ‘contact,’ blog, blog comments or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Our website and related materials is provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. If you have a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at email@example.com
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice.
Cookies, Log Files and Web Beacons
Like many other Web sites, we makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Third Party Privacy Policies
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
Law and Jurisdiction
- Dessert Design and Consultation
All of our baked goods are made to order. You can choose one of our standard options or we can design something unique for you. Any dessert ordered from a picture or photo of a dessert produced elsewhere can only be reproduced by us as our interpretation of the dessert and will not be a replica. Please be aware that copyright also protects some designs and, therefore, cannot be copied.
We also provide tastings. There is a nonrefundable charge for tastings of $30 per flavor/dessert. This will be credited to the order if you place an order with us for $200 or more.
- Serving sizes
Our standard cake serving sizes are 1″x2″x4″ high. Cake serving sizes are estimated. Specialty cakes, carved cakes and method of slicing may affect the total serving number. Customer understands and accepts these terms, and must order their products accordingly after having considered these variables. We provide cake cutting guides (except carved cakes) with all our orders for you to follow to get the ordered servings. Serving sizes for other products vary; please check when booking.
A minimum of 2 weeks’ notice is required for all orders. Payment in full is required at the time of booking. Sometimes we might be able to accommodate a cake at shorter notice depending on our schedule, so please contact us to discuss. A $50 rush charge will be added to all orders that we accept with less than 2 weeks’ notice.
All payments become due to once you have placed, checked and confirmed the details of your order. We will not treat your order as accepted until your payment has been received.
Please note that all payments are NON-REFUNDABLE. If you cancel your order payments made are strictly NON-REFUNDABLE. In the unlikely event that we need to cancel your order, any payments made will be FULLY REFUNDED. Reasons we may need to cancel – death, injury, illness (due to health and safety regulations), severe medical conditions or an accident of ourselves or any immediate family member. We accept no responsibility for any caused for non-delivery under these circumstances.
- Custom Design Alterations
Your event is important to us so please take the time to check the details of your quote/order carefully. It is your responsibility to contact us with any changes required to your original order. We will try and accommodate any changes where possible. We cannot guarantee to do so and reserve the right to increase the price quoted for any extra work required.
Any changes made to your original design are subject to a change in the quoted price. Included are supplies that may no longer be needed but have already been purchased. Please note we are unable to make any changes within three days of the delivery/collection date.
- Change of Event Date
If, for any reason you need to change your event date, we will try our best to accommodate these changes at no additional charges; provided sufficient notice is given and that we can offer a dessert for the new event date. We will do our best to accommodate your order but CANNOT GUARANTEE to be able to do so. If we are already fully booked for your new event date and unable to provide the dessert, we will offer a store credit for another date; however NO REFUNDS will be given. Please bear this in mind when ordering, as any monies paid are non-refundable.
Prior arrangement is required to collect all orders within a time slot mentioned in your order form. A signature is needed for order collection, confirming that you have received your order in good condition and as specified. We will not accept liability for any damage sustained to the order once it has been collected and signed for.
Delivery should be arranged at the time of ordering or as soon as possible afterwards.
* Delivery is free on all orders within a 25-mile radius of area code 77379 and $0.545 per mile after that. Distances are calculated using Google maps.
It is your responsibility to ensure that you have provided correct delivery information and to ensure that the venue is open and available at the arranged time. At the venue, should we have to wait to gain entry, you will be billed for the time at a rate of $15 per hour. If no-one is available to receive the cake at the agreed delivery time, your order will be returned to my business and we will contact you to arrange an alternative delivery time; for which a charge will be payable. My company accepts no responsibility for any loss or consequential loss incurred by the customer as a result. A signature is needed upon delivery, confirming that you have received your order in good condition and as specified. We will not accept liability for any damage sustained to the order once it has been signed for.
- Set Up
While we try to ensure that your dessert is presented looking it’s very best, the stability or levelness of the table upon which the dessert is displayed or the quality of the surrounding around the cdessert ake is not in our control. Please ensure, the dessert table is stable, level and sturdy enough to hold the dessert. Please also remember that certain desserts will melt in the sun. Heat and humidity can adversely affect your dessert. It is advised the dessert be kept in an air conditioned area or, at the very least, a cool area. It is strongly suggested that desserts being collected by the customer be transported in an air-conditioned vehicle. You understand that we are in no way responsible for any damage that may occur due to weather conditions. If the event is outside, please notify us in advance so we can provide recommendations to protect the dessert. All accommodations for weather are your responsibility. If the dessert is to be set up by the venue staff, we will leave instructions on how the cake is to be displayed and obtain a signature to verify that the instructions were provided. Once the cake is delivered or collected, set-up, and signed for we are not responsible for any interference or damage to the cake.
- Non-Edible supplies
Your order may contain some non-edible items such as ribbons, flower or feather holders or wires in sugar flowers. The delivery notice will make note of any non-edible items included with the dessert.
- Quality and storage of your dessert
Your dessert will be baked as close to your delivery/collection day as possible to ensure quality and freshness. All deserts should be stored in a cool, dry place, preferably in the box that they are supplied in. The delivery notice will include a warning if the dessert requires refrigeration. We recommend that all food be consumed within 24 hours of delivery or pickup. Any food consumed after 24 hours or later is at the client’s discretion and becomes their responsibility. Once food has been delivered, the responsibility of consumption lies with the customer and, therefore, indemnifies my business of all liability for personal use.
Please be aware that while your dessert 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 desserts. We cannot guarantee that your dessert will be free from all nut traces. All of the desserts may contain, or come into contact with, soy, wheat, dairy, and/or nuts. It is your responsibility to inform your guests of this allergy information. We shall not be held liable for any allergic reaction resulting from consumption.
Where damage does occur at the irrefutable fault of my business, 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 a sound structural support; we accept no liability for any damage that may occur once the cake is in the customer’s possession.