Terms & Conditions

These terms and conditions serve as the contract between the Client and Sweet Virginia’s Bakery (hereinafter “SVB”). All of Sweet Virginia’s Bakery Invoices, Orders, and Products are subject to the following Terms and Conditions. Terms are subject to change without notice.

Payments & Orders

All sales are final.
All payments and deposits are non-refundable and non-transferable.
For Orders $200 or less, full payment is required to serve the Order.
For Orders greater than $200, a Reservation Deposit of 50% of the total cost of the Order and a signed contract is required to be considered an Order, for contract for services to be rendered, and to secure the Client’s event date. Its monetary value cannot be applied to store credit or a later date order. The Reservation Deposit is due within 72 hours of the Client receiving the invoice.
Final Payment is due thirty (30) calendar days from the Event Date. If Final Payment is not received on time, SVB cannot guarantee the order will be fulfilled.
Orders placed within 30 calendar days of the event date require a non-refundable Final Payment to confirm the Client’s reservation.
A 15% late fee will be applied to the Total Order cost each day the Final Payment is late.

Changes

The final date of any changes for the size, flavor, style, etc. of the order are due at least 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. may not be honored.
Seasonal items may incur an additional charge or may be substituted if unavailable.
If the event is postponed for any reason, please submit the new event date no later than 60 calendar days prior to the event. The remaining will be split into two equal payments. The first payment is due at the original Reservation Due Date. The second payment is due 14 or more 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.

Quality & Design Variations

It may not be possible to match an exact shade of a color, but SVB will come as close as possible. The final product may be subject to slight variations. Also be aware the exposure to light can cause colors to change. SVB does not offer discounts or refunds if the exact shade of a color is not achieved or if a variation occurs due to lighting.
In the event that a major variation needs to be made, SVB will communicate this to the Client and seek re-design approval.
SVB will not offer refunds or exchanges for custom products that meet our quality standards once a Product has been picked up/delivered and “Accepted” by the Client or another designated party. Additionally, under no circumstances will SVB provide a refund in excess of the cost of the order.
All products are the responsibility of the Client once it leaves the possession of SVB. Refund requests due to decorating style, color shade or general decoration design will not be honored or considered. SVB may only give refunds if the product does not meet the flavor, size, and general description detailed above.
Flavor and texture is subjective. Refunds requested due to flavor or texture after the Order has been accepted and picked up will be at the sole discretion of SVB. SVB may consider a store credit if the product is brought back to SVB and the quality of the Product flavor or texture is determined not to meet our standards within 24 hours of your event. Quality determination is solely at the discretion of SVB.
The Client understands that SVB Products are made in accordance with San Diego and California Cottage Food laws and regulations. Variety in temperature and humidity may impact the flavor, overall design, or texture of the Product to some degree. Please understand SVB cannot control changes in texture or changes in color or shape due to weather conditions.
Any Product ordered from a picture or photo of a product produced by any other than SVB, can only be reproduced by SVB as an interpretation of that product and will NOT be an exact production of the product in the picture or photo.

Photographs and Marketing

SVB will not disclose the identity of the Client (photographs of people, last names, event details, contract details) without permission.
SVB does, however, reserve the right to photograph baked goods and use those photos on their website, social media, or marketing materials.
SVB also reserves the right to use any photographs for display or promotion without compensation to the Client.

Delivery & Pick-up Terms

The delivery time will be confirmed seven (7) calendar days before the Event Date. Orders may be set up 1-3 hours before the Client’s event. For outdoor events, SVB tries to set up as close to the reception time as possible, which may limit design options.
The Client must disclose any adverse road hazards and/or obstacles that may hamper the delivery and quality of finished products. In the case of an unavoidable occurrence, such as an act of god, a car accident, poor road conditions, or dropping of the order during delivery — SVB cannot be held liable for more than the price of the Product described in the invoice.
If the Client or client representative is not available to receive the delivery. A re-delivery fee will be required at the time of receipt of goods and services.
SVB is not responsible for any damage to the Product after pick-up or after delivery and setup is complete. The Client is responsible for providing an appropriate and secure environment for the Order(s). Some Products are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below.
If the Client or the Client’s Representative elects to pick up and set up the Product, the Client assumes all liability and responsibility for the condition of the Product once it leaves the possession of SVB.

Rental Items

All rental items will be for a three (3) day period. The day of the event and up to two (2) days after.
A late fee of $25.00 per day will be imposed for each day the items are late. Should any parts be not returned or damaged in any way, the Client will be responsible for the cost of replacing the entire item.
The rental rates, return date, refundable deposit, and replacement cost is noted on the invoice or in the contract.
A returnable security deposit will be refunded when ALL rental items are returned in the same condition.

Cancellation & Refund Policy

Any cancellations must be made in writing.
Cancellation of Orders prior to thirty (30) days before the event date will void the Final Payment requirement. If Final Payment is already received prior to 30 days before the event, SVB may provide a monetary refund of the Final Payment only.
If final payment is not received by the Final Payment Date, SVB reserves the right to cancel the order without refund. The Client will still owe the total Final Payment Order cost and any additional late fees incurred.

Rights & Waivers

SVB reserves the right to take photos of the product for display or promotion without the Client’s consent.
SVB is not responsible for any damage to the product after the Client has accepted the order.
Products may be heavy and may require a climate controlled environment (at or below 75 degrees Fahrenheit).
If flowers are provided by an outside source, the arrangement of the flowers is not included in the delivery fee. It is acknowledged by SVB and the Client that fresh flowers are not a food product. They may contain pesticides, dirt, insects and other contaminants.
If the Client elects to pick up the Product, the Client is responsible for the Product as soon as it leaves SVB’s. Upon visual inspection of the Product and its departure from the premises, the Client approves the Product's visual appearance and waives any rights to a refund based on the style, design or visual appearance of the Product.
The product may contain or come into contact with common food allergens, including but not limited to, milk, eggs, tree nuts (e.g., almonds, pecans, walnuts), wheat peanuts, or soybeans (or soy based products), or other allergens. The Client is responsible for notifying the guests of potential allergens. SVB is not responsible for any adverse effects of allergic reactions.
Upon the event of a natural disaster, accident or other situation outside of SVB’s control, this contract may be voided.
If Client makes any type of a claim against SVB based upon the cake being unacceptable, for whatsoever reason, then SVB shall require that the Client provide proof of the cake being unacceptable by bringing in a sample piece of the cake, in sufficient size, to SVB within forty-eight (48) hours after the event date in order to provide SVB the opportunity to investigate such claim, and to determine whether the Client is entitled to receive any type of store credit.
If it becomes necessary to employ a collection agency and/or an attorney to collect this account, Client agrees to pay all costs for collection, whether suit be brought or not, including reasonable attorney’s fees, court costs, collection expenses, and other expenses incurred by SVB in order to collect this account. Should any party institute legal action concerning the performances due hereunder, the enforcement of any of the terms and conditions of this Agreement, or the rights and duties of SVB and Client in relation to the other, the prevailing party should be entitled, in addition to such other relief as my be granted, to recover reasonable attorney’s fees and all other related court costs.
This Agreement constitutes the entire understanding between the parties hereto, and supersedes any and all prior agreements (either oral or written between the parties hereto; and there are no further or other agreements or understandings, written or oral, in effect between the parties related to the subject matter hereof, unless expressly referred to herein. Verbal understandings and/or promises and are not recognized or binding upon SVB.
This Agreement has been made and entered into in the State of California, and, as such, this Agreement, and the performances due here under, shall be construed and governed in accordance with the laws of the State of California. Venue for purposes of any court action shall be in San Diego County, California.
By accepting the order, the Client agrees to assume full responsibility for the Client’s event guests and agrees to indemnify and hold SVB harmless from and against all bodily injury, property damage or consequential damages which may result from SVB’s services and provision of your event order. SVB is not responsible for any damage to the order, or shortage of quantity of the order, caused by a guest, caterer, or any other person not employed by SVB. SVB is not responsible for not having an event order supplied by SVB if the Client fails to complete all payment and deposits required prior to the event by the deadlines.
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.
Only items, actions and product details explicitly listed in the invoice are guaranteed by SVB.
In the case of fresh flower usage on the Product, the responsibility of the flower safety and safe food practices will rest with the Client and not with SVB. The Client should obtain a notice of plant safety, in question, from the florist.
SVB is not responsible for any damage to the Product caused by the placement of flowers by another party or other items on the Product.