Terms and Conditions
Thank you for choosing Sunshine Cupcakes LLC!
Please read these Terms and Conditions carefully before accessing or using our website, and before purchasing from or placing an order with Sunshine Cupcakes LLC.
By viewing and/or purchasing anything made available on or through this website, you are agreeing to these terms and conditions.
By placing an order or making a purchase off-site (via social media, phone, email, text, or any other means) you also agree to these terms and conditions.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website, use any services, or purchase from / place orders with Sunshine Cupcakes.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
MINNESOTA COTTAGE FOOD LAW
Sunshine Cupcakes is a cottage food operation (License #20234418). As such, these foods are homemade and not subject to state inspection.
LIABILITY
By using this website and/or any food or other products or services provided by Sunshine Cupcakes, you do so at your own risk.
ALLERGENS
We often work with NUTS and other allergens in our kitchen. Persons with allergies consume our products at their own risk.
We take great care with gluten free orders – We use separate utensils and take many other precautions. Still, we do not operate a gluten-free kitchen, so those with gluten sensitivities consume our products at their own risk.
PICKUP AND DELIVERY
All food orders are to be picked up on the date decided in Hutchinson, MN, unless agreed upon otherwise. The pick up address will be included on your invoice / purchase confirmation.
If you decide to place a delivery order, and it is available in your area on your date, a small fee will be added based on mileage and date.
As per MN cottage food laws, Sunshine Cupcakes does not ship food items.
PAYMENTS
All sales are final.
All payments are non-refundable.
PRICE ADJUSTMENTS
Prices are subject to change at any time.
EVENT ORDERS
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 to your event date, the chances of re-booking your date are greatly reduced.
The balance must be received within the 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.
WEDDING ORDERS
For orders placed 14 days or more in advance, a 50% non-transferable deposit in required to confirm your reservation. Final payment is due fourteen (14) days prior to the event date.
If your order is 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, please submit the new event date no later than 75 days prior to the event. The remaining balance 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 ORDERS (birthday, shower, anniversary, etc.)
For orders placed 14 days or more in advance, a 50% non-transferable deposit in required to confirm your reservation. Final payment is due seven (7) days before delivery or pickup of the items ordered.
If your 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.
CHANGES
The final date of any changes for the size, flavor, style, etc. of your order are 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 Sunshine Cupcakes makes every effort to provide the exact flavor, filling, decoration, size, color, shape, and design discussed during your consultation(s), creating cake is an art form and may be subject to variations.
If the you supply an image or likeness to be created, Sunshine Cupcakes 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. Sunshine Cupcakes will do everything possible to make substrates match to 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.
Sunshine Cupcakes cannot match a “verbal” color or a color sent via electronic device, as all monitors display color differently. To attempt a color match, you must provide a color swatch at least 14 days in advance of the event.
To maintain the stability and integrity of your event cake, Sunshine Cupcakes reserves the right to make design and structural changes to your cake on site or off, without prior notification.
SITE & VENUE CONDITIONS
Sunshine Cupcakes reserves the right to refuse set up of a cake in any location that is not properly air conditioned or weather proofed or on any cake plateau or stand that does not appear sturdy enough to hold the weight of our cakes. All efforts will be made to work with venue staff to find placement better suited for your cake to make sure it looks beautiful on your arrival.
Cake is heavy and requires a perfectly level and sturdy table and cake plateau/stand. Sunshine Cupcakes is not responsible for any damage caused by tables or cake plateaus/stands that were unable to withstand the weight of our cakes or improperly installed, or installed at a lean.
Once cakes are set up, they are not intended to be moved until served. Sunshine Cupcakes is not responsible for damage caused by others after the cake is set up by our team.
Tall cocktail tables are not suitable for tiered cakes over 2 tiers tall, and are not recommended, as someone will have to climb a ladder to both set up the cake, and again at the reception to disassemble and serve your cake.
Please be aware that 5 tiered or larger cakes on a standard height table may require a step stool or step ladder to disassemble and serve.
RIGHTS & WAIVERS
Sunshine Cupcakes reserves the right to take photos of the product for display or promotion without the customer’s consent.
Sunshine Cupcakes is not responsible for any damage to the cake after delivery/set up is complete. Cakes 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 Sunshine Cupcakes 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 cake, the customer is responsible for the cake as soon as it is handed over to the customer. Upon visual inspection of cake, the customer approves the cake’s visual appearance and waives any rights to a refund based on the style, design or visual appearance of the cake.
The product may contain or come into contact with milk, wheat, nuts, soy and other allergens. The customer is responsible for notifying the guests. Sunshine Cupcakes is not responsible for any adverse effects of allergic reactions.
Upon the event of a natural disaster, accident or other situation beyond the control of Sunshine Cupcakes, this contract may be voided.
Sunshine Cupcakes 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.
Sunshine Cupcakes’ total liability is hereby limited to amounts paid to Sunshine Cupcakes for its goods and services. Sunshine Cupcakes 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 express or implied warranty, negligence, strict liability, tort, or otherwise.
Only items, actions and dessert details explicitly listed in the invoice are guaranteed by Sunshine Cupcakes .
EQUIPMENT RENTAL
All equipment rental prices include a rental fee and a deposit. If the rented items are returned to Sunshine Cupcakes within 3 days, the deposit will be returned to the customer electronically. If the item is not returned within 3 days, the customer forfeits the deposit. If shipping the items back to Sunshine Cupcakes, the customer will have 5 business days and must provide a shipping tracking number via email when shipped.
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 McLeod County, Minnesota.
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.