terms & conditions
ALL ORDERS ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS.
Vendor shall provide Client with the following services and/or products ("Services")
All rentals are to be guaranteed by a monetary refundable deposit. Rentals must be returned within 72 hours of event in the same condition as rented, in order for the monies to be returned. Any damage will be assessed and a balance of the deposit will be returned. In the case that the rented items are not returned or damages result in replacement no deposit will be refunded.
Delivery and Services
Location. Vendor shall deliver Services to Client at the agreed location.
Delivery of Services. Vendor will provide all Services by date agreed upon.
It is the client’s responsibility to ensure arrangements are made for the cake table, linen, cake stand & knife, which should all be set- up prior to our arrival. If any delay is incurred due to these not being set-up, we reserve the right to charge for any delay incurred (labor / time costs at $25 per hour). Alternatively, please arrange for the product to be left with the event manager to assemble / move into position as appropriate. Please take extra care to ensure a stable table is available.
Vendor is not liable for any damages to product once said product has been delivered. This includes, but is not limited to: damage to external frosting by sand, wind, rain, fingers, temperature, faulty stand, etc. Once our staff has placed the product as directed our responsibility ends.
Neither vendor, nor any delivery service that vendor use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside of vendor reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is due in full by date agreed upon.
Client shall pay the Total Cost to Vendor as follows:
The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.
Delivery is calculated per miles based on delivery address. Set up is calculated by the hours required, minimum 1 hour.
Vendor is not responsible for the product after personal pickup from Pink Pineapple Cakes.
Our products may contain Gluten or come in contact with, milk, wheat, nuts, soy, and other allergens. You agree to notify your guests of this risk and hold the vendor harmless for allergic reactions.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
From time to time vendor’s designs are published in national wedding cake magazines and other publications, we reserve the right to use any image of a cake made by Pink Pineapple Cakes for publication at a later date.
Vendors cakes are all handmade and are therefore individual. Vendor will do their best to match designs and colors but there may be some variance. Vendor cannot guarantee to exactly produce the same products ordered from a picture/photo from other bakers. Vendors designs will be an interpretation of their cakes.
Vendor reserves the right to use their judgment when creating and designing your cake and we may need to adjust your order accordingly. In the event of this happening vendor will endeavor to advise you in advance.
Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified.
Consistency. Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client and wedding is different, with different tastes, budgets, and needs;
Custom Cake services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for request of any monies returned.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
Cancellation, Rescheduling, and Refunds
Cancellation, Rescheduling of Services or Refunds. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, Client shall provide notice to Vendor as soon as in writing. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any money Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing
In the event of cancellation, work already completed is still chargeable. All deposits are non-refundable.
If cancellation of the order is required, and client has paid the full balance, the refund policy is as follows:
If the cancellation is up to one (1) month in advance of client’s event date, client will receive 25% of balance issued as store credit.
If the cancellation is less than seven (7) days prior to the client’s event, there will be absolutely no refunds (Store Credit) given.
Store credit valid from one (1) year starting from date of cancellation.
Absolutely no cash refunds will be given.
Any refund given for disputes regarding a product design or production of a design are completely at the discretion of the vendor and are not automatic. Refunds will never be given for any product which has been consumed regardless of dispute, as consumption of the product is viewed as your acceptance that the product is adequate for the purpose for which it has been supplied. All products delivered to venues are photographed from different angles to show product quality on delivery we do not accept any responsibility for loss or damage to the product once the product has been delivered to a venue or collected from our shop.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of the Terms & Conditions, it (or a responsible party) will:
Immediately give Notice to Client in writing; and
Issue a store credit based on a reasonably accurate percentage of Services rendered; (not including the non-refundable deposit) and
Excuse Client of any further performance and/or payment obligations in this Agreement.