Tres Belle cakes:
Our policies
RETAINERS AND PAYMENTS
Custom orders are booked on a first come, first paid basis. Your custom cake order is considered booked upon receipt of a non-refundable retainer of 50% of the total cake cost. The balance of the order must be paid in full at time of pickup.
COMMUNICATION
Tres Belle Cake's office hours are Wednesday through Friday 8:00am - 5:00pm, and Saturday 10:00am - 3:00pm. We will answer phones and respond to all non-urgent emails within these hours.
CHANGES TO ORDER
Any changes made to the overall design concept must be submitted in writing and finalized no less than seven (7) days before the scheduled pickup date. Changes may affect the final cost of the cake and will be reflected in the amount due.
ALLERGY AND DIETARY WARNING
Tres Belle Cakes is a licensed, insured, and health permitted bakery. We are NOT an allergy-free kitchen. We cannot guarantee that our products are free from ingredients that may affect those with food allergies. Tres Belle Cakes reserves the right to decline any orders for clients with serious food allergies, and will not assume any liability for adverse reactions to our products.
While we will take every measure to minimize the risk of cross-contamination, we process known allergens such as tree nuts, peanuts, wheat, dairy, corn, gluten, and eggs. It is your responsibility to notify guests of allergen risks and hold us harmless for any allergic reaction.
The following ingredients are used in our kitchen: Wheat and gluten; Sugar and artificial sweeteners, flavorings, and dyes; Peanuts and tree nuts, including but not limited to pecans, walnuts, almonds, hazelnuts, cashews, coconut and their derivatives; Eggs; Milk and milk products and derivatives; Corn and soybeans and their derivatives; Other allergens not listed.
OUTDOOR EVENTS
Cake, buttercream, fondant, and/or ganache are not meant to and will not withstand outdoor conditions such as heat, wind, rain, exposure to direct sunlight, humidity, insects, etc. You assume responsibility for that risk by displaying the cake(s) in an outdoor setting, and acknowledge that the cake(s) should be cut within 20-30 minutes of set-up, understanding that waiting outside that time frame could compromise the aesthetic of the overall cake design and finish to buttercream or fondant, as well as weaken the stability and structure of the cake. Tres Belle Cakes has no control over such elements and bears no responsibility of the cake being subjected to outdoor elements if you display a cake in a location without proper climate control.
FULFILLMENT
It is the intention of Tres Belle Cakes to make the cake(s) as ordered. Tres Belle Cakes shall not be held responsible for problems and failure to perform caused by an extreme emergency (including, but not limited to: auto accidents; illness, hospitalization or death; extreme weather, natural disasters, or other Acts of God; or any other circumstances or causes beyond the control of Tres Belle Cakes). Liability in such instances is limited to the price of the order.
POSTPONEMENT / CANCELLATION / REFUND POLICIES
Requests for cancellations or postponements must be made at least seven (7) days prior to the pickup date. No refunds will be given after that time. Some ingredients are ordered or created in advance. We are a busy store and orders are processed on a first in, first served basis. Therefore, if you cancel, your order has taken up time that could have otherwise been given to another customer.
Refunds requested due to decorating style, colour shade or general decoration design after the cake has been picked up will not be accepted. If you are unhappy with any of the design factors upon pickup, we may be able to make adjustments subject to our discretion and the design of the original product.
Cake flavor and texture is subjective. Refunds requested due to flavor or texture after cake has been accepted and picked up or delivered will not be honored. A credit may be issued if the product is brought back to Tres Belle Cakes within 24 hours of pickup or delivery and the quality of the cake flavor or texture is determined not to meet our standards. Quality determination is solely at the discretion of Tres Belle Cakes. Tres Belle Cakes will not issue refunds for cakes that have been completely eaten. No credit of any kind will be issued to clients who do not contact us within 24 hours of pickup or delivery.
PICKUP
Once picked up, you accept all responsibility for the transport of any product to its location. We will not give refunds if there is a mishap during transit. We are happy to advise you as to the best way to transport your cake, but it is your responsibility to exercise extreme care when moving and transporting your cake.
TRES BELLE CAKES
CUSTOM CAKE POLICIES
PAYMENT
Your non-refundable “Save the Date” retainer is considered a down payment and date reservation toward your event’s cakes/desserts, and will be applied toward your final balance. Your order is not confirmed and your date is still available to other clients until the retainer is paid.
The balance of the order must be paid in full twenty-one (21) days prior to the event date. lf payment has not been received twenty-one (21) days prior to the event, a $125 late fee will be added to the balance, and you will have a grace period of five (5) calendar days to complete payment in full, including late fee. If full payment has not been received after the stated grace period, Tres Belle Cakes will cease work without breach of contract, the order will be considered canceled, and no refund will be given. Tres Belle Cakes is not responsible for not supplying a cake due to failure to
complete payment by the specified deadlines.
DESIGN FINALIZATION
Changes to your order (size, decor, flavors, etc.) may be accepted until twenty-one (21) days prior to the event date. After that date we are unable to accept any further alterations.
DESIGN VARIATION
While Tres Belle Cakes makes every effort to provide the exact flavor, filling, decoration, size, color, shape, and design discussed during consultations, creating cakes and other desserts is an art form and may be subject to variations.
Color matching is not a precise science and different sugar substrates take color differently. We will do everything possible to match provided color swatches, but sometimes it is not possible to make a 100% perfect color match. Some colors are just not achievable using food grade dyes.
We 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 no later than 30 days in advance of the event.
To maintain stability and the integrity of your event cake, we reserve the right to make design and structural changes to your cake on site or off, without prior notification.
ORNAMENTS, TOPPERS, AND FLOWERS
Tres Belle Cakes reserves the right not to place ornaments on your cake if we feel that so doing will cause damage to your cake.
You are responsible for ordering flowers from your florist to adorn your cake. Please keep in mind that some flowers are harmful when eaten, and caution should be used by you and your florist when selecting flowers to insert into the cake.
Tres Belle Cakes is not liable for any damage or illness caused by floral inserts into the cake.
Fresh flowers must be placed on the cake table at the venue, prepped and ready for use upon our arrival.
ALLERGY AND DIETARY WARNING
Tres Belle Cakes is a licensed, insured, and health permitted bakery. We are NOT an allergy-free kitchen. We cannot guarantee that our products are free from ingredients that may affect those with food allergies. Tres Belle Cakes reserves the right to decline any orders for clients with serious food allergies, and will not assume any liability for adverse reactions to our products.
While we will take every measure to minimize the risk of cross-contamination, we process known allergens such as tree nuts, peanuts, wheat, dairy, corn, gluten, and eggs. It is your responsibility to notify guests of allergen risks and hold us harmless for any allergic reaction.
The following ingredients are used in our kitchen: Wheat and gluten; Sugar and artificial sweeteners, flavorings, and dyes; Peanuts and tree nuts, including but not limited to pecans, walnuts, almonds, hazelnuts, cashews, coconut and their derivatives; Eggs; Milk and milk products and derivatives; Corn and soybeans and their derivatives; Other allergens not listed.
FULFILLMENT
It is the intention of Tres Belle Cakes to make, deliver, and set up the cake(s) as ordered. Tres Belle Cakes shall not be held responsible for problems and failure to perform caused by an extreme emergency (including, but not limited to: auto accidents; illness, hospitalization or death in the immediate family; extreme weather, natural disasters, or other Acts of God; or any other circumstances or causes beyond the control of Tres Belle Cakes that affects performance as contracted). Liability in such instances is limited to the contracted price.
If Tres Belle Cakes cannot perform as contracted due to the aforementioned conditions, we will make every effort to provide a substitute cake. A discount or refund will be issued based upon the difference between what was contracted and what we are able to provide.
If, for any reason other than nonpayment or cancellation by the Client, Tres Belle Cakes cancels the contract, all payments, including the non-refundable retainer, will be refunded in full.
Refunds will be given within 90 days.
DELIVERY POLICY
Delivery services are available for orders that meet a minimum of $500 and include a two-tiered cake (or larger) OR single tier cutting cakes WITH cupcake or dessert buffets. The $500 minimum does not include stand rental. Orders consisting of a single tier cutting cake with sheet cakes are not eligible for delivery regardless of total order cost and must be picked up.
Delivery and set up is available throughout the Greater Cincinnati area and beyond at a starting cost of $100 for cakes and $125 for cupcakes and/or dessert buffets. Delivery fees to locations further than 15 miles from our shop in Reading are based on mileage. Deliveries on days Tres Belle is closed (Sun/Mon/Tues), holidays, after our regular business hours, or during scheduled room flips will incur additional fees starting at $100. All orders that do not reach the $500 minimum must be picked up.
The following venues will incur additional fees based on their hours of operation and/or due to limited accessibility and the challenging nature of delivery: BB Riverboats, Cincinnati Art Museum, Cincinnati Club, Cincinnati Zoo, Contemporary Art Museum, Dress Pavilion, Hilton Netherland Plaza (applies to Continental Room only), and The Center.
STAND RENTAL RETURN POLICY:
If you are renting cake or dessert stands for your event, it is your responsibility to return all stands to Tres Belle.
Your Stand Rental Deposit is forfeited if:
-- stand(s) not returned in same condition to Tres Belle Cakes (8921 Reading Road 45215) during business hours (7am - 5pm) by the Thursday following the event.
-- stand(s) is/are left at the front or back door of the shop or on or around the back porch during non-business hours.
PHOTOGRAPHS
Tres Belle Cakes will photograph the cake(s) at the event venue as well as possibly order copies of pictures from your photographer. Tres Belle Cakes reserves the right to use any photographs so acquired either for our own reference, for display, and/or promotion without compensation to you.
POSTPONEMENT / CANCELLATION / REFUND POLICIES
If for any reason the event must be postponed, you must contact Tres Belle Cakes immediately as the requested new date may or may not be available.
-- If the requested new date is available, the following conditions apply:
i) If the postponement occurs twenty-one (21) days or more prior to the event, no penalty or change fee will be assessed.
ii) If the postponement occurs after final payment, twenty-one (21) days prior to the event, a rescheduling fee of $125 will be assessed.
-- If the requested new date is NOT available, the order will be cancelled.
i) If such cancellation occurs twenty-one (21) days prior to the event date, a refund of all monies paid less the non-refundable retainer will be made.
ii) If such cancellation occurs after the final payment, twenty-one (21) days prior to the event date, no refund will be given and all monies paid will be forfeited.
-- If the order is cancelled for any reason other than the death of the bride or groom, or of an immediate family member (parent, sibling, grandparent, or bride’s or groom’s child), these conditions apply:
i) Cancellations up to twenty-one (21) days prior to the event date will receive a refund of all monies paid less the non-refundable retainer.
ii) Cancellations occurring after the final payment, twenty-one (21) days prior to the event date, forfeit all monies paid.
Cake flavor and texture is subjective. Refunds requested due to flavor or texture after cake has been accepted and picked up or delivered will not be honored. A credit may be issued if the product is brought back to Tres Belle Cakes within 24 hours of pickup or delivery and the quality of the cake flavor or texture is determined not to meet our standards. Quality determination is solely at the discretion of Tres Belle Cakes. Tres Belle Cakes will not issue refunds for cakes that have been completely eaten. No credit of any kind will be issued to clients who do not contact us within 24 hours of pickup or delivery.
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TRES BELLE CAKES
WEDDING POLICIES
PRIVACY POLICY
Last modified April 18, 2023
PLEASE REVIEW THIS POLICY CAREFULLY
The following describes how Tres Belle Cakes LLC (“Tres Belle Cakes,” “We,” “us” or “our”) uses and disseminates information you provide through www.tresbellecakes.com and www.tresbelleicon.com and its sub-domains and affiliated sites, as well as Tres Belle Cakes pages and accounts on Twitter®, Facebook®, LinkedIn®, Instagram®, TikTok®, Clubhouse® and YouTube® (the “Sites). If you ever have questions about this Privacy Policy, please contact us at the information below. Please also review our full Terms and Conditions of Use, which also govern your use of the Sites. By using this Site, you are consenting to this Privacy Policy.
COLLECTION OF YOUR PERSONAL INFORMATION.
Unless We expressly note otherwise, We do not collect personally identifiable information from users of our Sites. When you visit our Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. We typically do not use this information for any purpose, but an example of when We may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. We also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with our Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR
If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where our servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, our collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to tresbellecakes@gmail.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED.
A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent We use cookies, We can only access information from a cookie sent by one of the Sites, not other websites. We may use cookies to personalize your visit to our Sites because tracking usage allows us to best determine the needs of our customers and advertisers.
MY POLICY WITH MINORS.
Our Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If We discover or are otherwise notified that We have received any such information from a child in violation of this policy, We will delete that information.
DATA RETENTION
We only retain Personal Data collected from Users for as long as (the User’s account is active) or otherwise for a limited period of time as long as We need it to fulfill the purposes for which We have initially collected it unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements for a period of 5 years. (note, you can specify how long you retain each type of information, such as accounting or billing information for a period of 7 years, or legal information for a period of 10 years).
USE OF YOUR PERSONAL INFORMATION.
If you do choose to provide your personal information, We will not willingly share your information with companies outside our organization, except as described in this Privacy Policy. You may at times receive communications from us related to products and services that We believe might interest you. While We believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within emails that We send to you. We may disclose total aggregated user statistics in order to describe our services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.
The information We gather from you may be used in several ways, either now or in the future, to gain a better understanding of our Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) We think might be of interest to you. We may also use information We gather from you to communicate changes and improvements to our website or any registration you have made.
You have the right to request access to the information we have for you. You can do this by contacting us at tresbellecakes@gmail.com. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at tresbellecakes@gmail.com. Any data that is no longer needed for the purposes specified herein will be deleted.
We do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. However, non-personally identifiable user information (such as usage pattern, browser type, and your computer) may be shared with third party businesses or advertisers with which We have a business or contractual relationship. We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of Tres Belle Cakes’s or its affiliates' assets, or to enforce our Terms of Use.
Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. We do not monitor information you disclose on the Sites nor do We accept any liability associated with your voluntary disclosure of the same.
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. We are not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
LIMITATIONS.
By using the Sites you agree that We are not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by us.
POLICY CHANGES.
We may modify this Privacy Policy from time to time. Any modifications will be effective immediately when We post them. We will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When We update our Policy, We will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
YOUR COMMENTS AND CONCERNS.
This website is operated by Tres Belle Cakes LLC, 8921 Reading Road, Cincinnati, Ohio. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to tresbellecakes@gmail.com.
TRES BELLE CAKES
Privacy POLICy
TERMS & CONDITIONS
Last modified 4/18/2023
PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) govern your use of and access to www.tresbellecakes.com and www.tresbelleicon.com and its sub-domains and affiliated sites, as well as Tres Belle Cakes LLC’s (“Tres Belle Cakes” “our”, “us” or “we”) pages and accounts on Facebook®, Instagram®, and YouTube® (the “Sites). Please read both these Terms and our Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. we may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
SITE CONTENT.
Tres Belle Cakes LLC exclusively owns and controls the Sites, which provides information about our products and services and may, from time to time, provide access to educational materials pertaining to a variety of baked goods, cakes, and coffee. You agree that use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of Tres Belle Cakes.
INTELLECTUAL PROPERTY.
Unless explicitly stated otherwise, as between you and Tres Belle Cakes, Tres Belle Cakes owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. Our name, Tres Belle Cakes, LLC and all related names, product and service names, logos, slogans, and designs are our trademarks and you may not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
THIRD PARTY RIGHTS.
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Tres Belle Cakes either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. We respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
LINKING TO OUR SITES.
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Tres Belle Cakes; (ii) present false or misleading information about Tres Belle Cakes; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
ADVERTISEMENTS AND LINKS.
We may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not our own. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that we link on the Sites will be clearly marked; however, we encourage you to reach out to us with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Tres Belle Cakes of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Tres Belle Cakes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TRES BELLE CAKES, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
CHOICE OF LAW AND VENUE.
These Terms are governed by the laws of the State of Ohio without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Hamilton County, Ohio.
YOUR COMMENTS AND CONCERNS.
This website is operated by Tres Belle Cakes, 8921 Reading Road, Cincinnati, Ohio 45215. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: tresbellecakes@gmail.com. Thank you for visiting the Sites!
TRES BELLE CAKES
website TERMS AND CONDITIONS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [TRES BELLE CAKES], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through [www.tresbellecakes.com] (the "Site") pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between [Tres Belle Cakes] and you will not take place unless and until you have received your order confirmation e-mail.
Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept [Cash, Check, Gift Card / Gift Certificate, Apple Pay, Visa, Mastercard, Amex, Discover] for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Returns and Refunds. Cake flavor and texture is subjective. Refunds requested due to flavor or texture after the cake has been accepted and picked up or delivered will not be honored. You may qualify for a credit if the product is brought back to Tres Belle Cakes within 24 hours of pickup or delivery and the quality of the cake flavor or texture is determined not to meet our standards. Quality determination is solely at the discretion of Tres Belle Cakes. Please understand that Tres Belle Cakes will not issue refunds for cakes that have been completely eaten. *Credit is based on how quickly the cake is returned, how much has been consumed, and what Tres Belle Cakes determines the quality to be. No credit of any kind will be issued to clients who do not contact us within 24 hours of pickup or delivery.
Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The informal dispute resolution procedure detailed in Section IX(D) is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
Intellectual Property Use and Ownership. You acknowledge and agree that:
Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
[Tres Belle Cakes] is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
ADDITIONAL TERMS AND CONDITIONS
GOVERNING LAW. The Parties have entered into this Agreement in the State of Ohio and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Ohio, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Ohio, and that venue of any action will be located in the District Court of Hamilton County, Ohio.
BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF OHIO, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Tres Belle Cakes’s intellectual property rights and confidential and proprietary information by you, Tres Belle Cakes will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Tres Belle Cakes may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Hamilton County, Ohio, United States of America for purposes of any such action by Tres Belle Cakes.
COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
FORCE MAJEURE: 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: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, 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.
