Terms & Conditions
2019 Terms & Conditions (updated 1/1/2019)
The following are Little Something Sweet LLC’s Terms and Conditions. By using our services, you agree to each of these.
DEPOSIT: We require a deposit for all orders, regardless of the size or dollar value. No order is begun or finalized without a deposit. No spot is held on our calendar or assumed as such without a deposit. We work on a first to place a deposit system – so a failure to place a deposit may result in us no longer being able to accommodate your order. Please note weddings and all large events have a different payment and deposit requirement (please see specific wedding and large event payment details below).
We offer three options to place your deposit for regular events:
1. We can put your credit card number on file. You can give this number to us over the phone or by email. This number will not be charged unless you specify you would like to pay for your order in advance.This number is strictly for use as a security deposit. We will need the name on the card, card number, security code, billing zip code and expiration date. The only reason it would be charged is if an order is canceled within 15 days of the event (a partial charge may apply) or if an order is not picked up or deliverable the day of the event (a full charge will apply). We take card security very seriously so all numbers are destroyed after the order is picked up. If you would rather not provide a card number as a deposit, you are more than welcome to pay in full with one of our other payment options;
2. You can pay the entire balance in full via Venmo (under Elizabeth Zwicker -- @LittleSomethingSweet) - then you will not need to pay upon pickup or delivery; or
3. We can invoice you for the full amount, and you can pay with your credit card, entering all the numbers yourself
For options 2 or 3 - only 50% will be refunded upon cancelation of your order up until 15 days prior to your event. If your event is canceled within 7 days of your event, a partial refund may be issued. If we have already started working or completed your order – or ordered any specialty ingredients or tools - you will not be eligible for any refund if canceled within 7 days of your event.
FINAL PAYMENT: Final payment is due upon pickup or delivery for all events, unless you opted to pay in full at the time of deposit, excluding weddings and any events over $250 (see below). This payment can be made with cash, credit card, or Venmo payment. If the card on file (used as the deposit) is to be used as the final payment, you must communicate this to us prior to pickup or delivery, as a physical credit card is required if paying upon pickup or delivery. The only exception to the final payment upon delivery is weddings and other large events (any event over $250) in which case payment in full is required 15 days prior to the event and will not be accepted at time of delivery. A lack of payment upon the required date will result in a cancelation of your order and any deposit monies given will not be refunded. In the event that a check fails to clear the bank on which it is written, then you shall be held responsible for all fees incurred by us.
FOR WEDDINGS AND LARGE EVENTS – Specific Payment Policies
Hold The Date Retainer – A“hold the date” retainer is due as soon as you notify us of the date of your event. This retainer guarantees the date, delivery time, and cake stand (if you request one and as long as we know what stand or platters you want to rent at the time of placing the retainer). By placing the hold the date retainer, it also guarantees the pricing we give you in our initial quote and this quote will not be subject to pricing increases if our pricing structure changes between the date of placing the retainer and the date of your event. The pricing is subject to change, however, if you change the initial design, add or remove decorative elements, or change the date. This is a $50 retainer and goes toward the overall cost of the event and is nonrefundable.This retainer is non-transferable between dates.
Payment Schedule – Weddings and Large events
-- The hold the date retainer is due as soon as you notify us of the date and goes toward the overall cost of your wedding (non-refundable $50)
-- The tasting fee is due at the time of booking the tasting consultation (non-refundable $35) and will go toward the overall cost of your event (provided you meet our $250 requirement prior to delivery minimum)
-- The first half of the balance is due 30 days prior to your event
--The final half of the balance (less your hold the date retainer and tasting fee) is due 15 days prior to your event
--The rental items form as well as the cash or Venmo deposit for the rental items is also due 15 days prior to your event
We will notify you in writing of all payment dates. Payment for hold the date and all other deposits follow the payment method options above (see Deposit and Final Payment sections above). If you fail to pay on or before the payment deadlines, we will cancel your contract and no deposit monies will be refunded.
CANCELLATION POLICY: If for any reason you need to change the date of your event, please let us know immediately. We will work with you to try to reschedule, however there may not be availability for your new date. If a cancelation is required and it is more than 15 days prior to your event, a full refund will be returned. If we had to special-order any items (tools or ingredients) for your event, a partial charge or amount will be retained from your deposit regardless of when your event was canceled. If cancelation occurs within 15 days prior to your event, a partial refund will be issued – or a partial amount will be charged to your card on file. If you cancel your order within 7 days of your event, no refund will be issued and a full charge will be made if you provided a card number for a deposit.
EQUIPMENT DEPOSIT: All rented equipment (if applicable) must be returned to us clean and in good condition, as solely determined by us, within 72 hours following your event, unless other arrangements have been made with us in advance of the event. The replacement or repair value of any missing or damaged items will be deducted from the equipment deposit. A list of items to be returned will be left under the cake table or given to you at delivery/pick-up. Please designate a responsible party for the return of such items and communicate with them what will be required of them. All of the specifics regarding rental items are listed on our rental agreement form. This form is due 15 days prior to the event along with the cash or Venmo deposit.
ORDER FINALIZATION: Minor changes to your order (size, design, flavor, etc.) will be accepted up to 8 days before the event. Major changes will not be entertained. Further, any change after that date may be subject to additional charges. We ask you to keep us in the loop if you have dramatic changes in guest numbers or want to add additional items beyond what was initially discussed to ensure we can accommodate them. In the event of such a change, a revised confirmation will be sent to you describing the changes and any resulting price difference. For all weddings and large events, we require your order be finalized 30 days prior to your event.
DELIVERY: Delivery is subject to availability and will incur an additional charge. Delivery cost is based on mileage round trip to the event location. When finalizing your cake order, please provide us with the best time for delivery or pickup to ensure that someone is available. We request a 30 minute to 1 hour delivery window to ensure that we can accommodate all of our clients. If no one is available to accept the delivery, or the venue is unable to accept the delivery, we will make reasonable efforts to contact you. However, if we must leave due to other scheduled deliveries or pickups, you will be responsible for, in addition to our delivery fee, either picking up the order yourself or paying an additional delivery fee if we are able to accommodate a second delivery.
DESSERT BAR DELIVERY: We offer (3) delivery options for all deliveries.
Drop off Style delivery– Everything will be delivered in boxes and you are responsible for the placement/setup of all items. The only exception is if your cake has fresh flowers in the design, and it was part of the final confirmation – we will place the flowers complementary upon delivery as long as they are there upon our arrival.
Delivery and Setup on YOUR plates or platters (or plates/platters provided by the venue/coordinator/decorator) – With this option we will come in and physically put out your desserts ON the preset table and platters. This does NOT include us setting up the platters. All platters must be fully setup prior to our arrival. We do require a credit card number on file for this option – as there is a $30 per hour charge (billed in the half hour increments) If we must wait for you to setup/pull/organize the platters – or if we have to setup the plates and platters. If for some reason, they are not setup prior to our arrival – and we have another delivery – we will have to place the desserts somewhere and you will have to set everything up as we will not be late for our next client. For this option, we do not typically bring enough extra boxes to box everything up – so placement of desserts directly on a table is not ideal. We will not leave our metal or plastic trays behind if you do not have anything for us to setup on.
Full Delivery and Setup with platter rental This is where we come in and provide all display platters/plates to be used for the desserts – and setup the desserts. You are responsible for having a sturdy table and table cloth setup prior to our arrival. We do not provide guest napkins, guest silverware, or guest plates unless specifically requested (additional charge will apply). We do not provide additional décor, candy dishes, floral arrangements, candles, or other specific decorative elements. We will however arrange them and include them in the design.
PICKUP: At the time of order finalization, please provide us with a specific a pickup time (within a 30 minute window) to ensure that your pickup time doesn’t overlap with any deliveries we have scheduled for other clients.We do book our pickups and deliveries with a small time gap, but if you know you will be early or late for any reason, we ask that you communicate that with us. Accommodating a late or delayed pickup may not be possible. If you don’t communicate with us and are late and unreachable when we have a scheduled delivery or event, we may leave to fulfill deliveries to other clients and you will need to reschedule your pickup time as some deliveries may not be adjustable. In that event, you would still be responsible for picking up your order (not doing so will still result in a full charge) or an additional charge if delivery to you will be required (if we are able to accommodate it). We are not responsible for any inconvenience or damages caused if you are late for your pickup and are forced to wait for us or must reschedule your pickup. If for some reason we are running late from a delivery, we will do our best to keep you informed to avoid needless waiting or delay.
PICKUP LIABILITY: At the time of pickup, your order will be boxed and secured. We do not put lids on our cake boxes to prevent damage from occurring as most damage happens in the box when the cake can’t be seen. We give detailed instructions on how to hold and transport your order and will help you to your car to ensure that it is placed in the most secure location. We strongly recommend that your order be placed in a flat location such as a trunk or floor space. Placing a cake on a seat or in someone’s lap is not recommended.We provide non-slip products if needed to help ensure your cake gets to the venue safely. Due to the fact that all of our items are made with fresh ingredients (such as butter), we strongly advise that you make us your last stop. Leaving a cake in the car, even to run in and grab something from the store “really quickly”, may result in the cake melting or structural damage from the cake getting too warm and then being subjected to the bumps of the road. Once we help you to the car, we are no longer responsible for your cake or other sweet treats.If for any reason something does happens that causes damage to your cake, we will do what we can to help fix it, if possible, but additional charges may apply.
SERVING AMOUNTS AND SIZES: The number of servings is determined using an industry standard where one serving is equal to a slice of cake approximately 1.5 inches wide x 2 inches long for celebration cakes and 1inch wide x 1.5 inches long for wedding cakes. Our standard cakes average 4” tall, so the servings are quite large. If you believe that your guests may want smaller servings, please let us know ahead of time and we would be happy to recommend a slightly smaller cake. A cake cutting guide can be provided if requested. Specialty-shaped and carved cake serving amounts are estimated as closely as possible to the industry standard.
ALLERGY INFORMATION: We work in a common, shared kitchen so our products may contain or come into contact with, among other things, milk, wheat, gluten, tree nuts, peanuts, eggs, cocoa and/or other products that may result in an allergic reaction. If you or one of your guests has a known allergy, you must let us know of this when placing the order so that we may take extra precautions to prevent an allergen from entering your cake. While we will take such extra precautions in such cases, we are unable to guarantee that a product is 100% allergen free and we are not responsible for any allergic reactions and accompanying damage or illness that may occur to you or any guest resulting from any allergen. If your or your guests’ allergies are severe, you should purchase your desserts from a bakery specializing in allergen-free baked goods. You are solely responsible for notifying anyone who may consume or come into contact with our products of the existence of possible allergens and the risks associated with them. By confirming and finalizing your order with us, you are explicitly agreeing to defend us and hold us harmless from any and all liability, actions, claims, lawsuits, damages of any kind (including attorneys’ fees and costs) brought by you or any third party that result from any allergic reactions to our baked goods by you or your guests.
USE OF FRESH FLOWERS: If you choose to provide us with fresh flowers and/or greenery on or around the cake, we are happy to place and arrange them for you. All flowers and greenery, however, are your responsibility and should be chosen carefully with your florist as not all flowers and foliage are safe to place on an edible cake. We are not responsible for any damage, inconvenience, or illness that may occur to you or any guest resulting from the consumption of any non-edible flowers or foliage added to your cake. It is your responsibility to ensure that flowers to be used on the cake are delivered to the event location in a timely manner, prior to delivery, if we are placing them on the cake. If we have to wait (subject to availability) at the venue for the flowers to arrive, you will be subject to additional delivery charges or will be responsible for placing the flowers yourself. – We are not responsible nor will any refunds be issued should any other vendor or person place the flowers on a cake, and damage the cake or create a design that was not initially discussed. We will do our best to recreate all designs as discussed, however we must work with what the florists leave us. So if your designs require a lot of flowers – and the florist leaves us 3 total flowers – we will do what we can, but can’t guarantee it will be identical to the original inspiration photo/design. No refunds will be given due to error or lack of communication with the florist with incorrect floral types or amounts left.
DAMAGES/ LIABILITY: We will indemnify, defend and hold you harmless from any and all claims, demands, actions, losses, liabilities, damages, obligations, costs or expenses (including attorney's fees) arising out of or in connection with any acts or omissions caused by us. Similarly, you will indemnify, defend and hold us harmless from any and all claims, demands, actions, losses, liabilities, damages, obligations, costs or expenses (including attorney's fees) arising out of or in connection with any acts or omissions caused by you. By way of example only, we are not responsible for damage to the cake, or shortage of cake, caused by a guest, caterer, or any other person not employed by us. By further example, you are responsible for making sure all non-edible items you have requested on your cake as decoration are removed from the cake before it is cut and served. Additionally, you are responsible for providing an appropriate and secure table and environment for the cake(s) including shade if your event is outdoors and air conditioning during warm weather.
CAKE TOPPERS: When choosing a cake topper please take into consideration its weight, balance, and the fact that it will be sitting on top of a soft cake. We are not responsible for any damage to the cake or the topper should it fall off the cake or it sink into the cake. Please reach out to us if you are unsure if the topper or cake stand will work for your order. We are not responsible for what happens to the cake should you choose to have the cake set-up outdoors or indoors in adverse conditions (e.g. effects of weather, insects, other animals, etc.). We are not responsible for any damages, accidents or mishaps that occur after it is released from our care.
LIMITATION OF LIABILITY: In no event will Little Something Sweet LLC be liable for any indirect, consequential, special, punitive, or exemplary damages arising out of its goods and services to you even if we knew or should have known of the possibility of such damages. Further, in any dispute between us arising from our goods or services to you, Little Something Sweet LLC’s aggregate liability is limited, to the extent permitted under applicable law, to the payments you have made to us for your event.
MEDIA RELEASE: We may take photographs, film footage, digital content, and capture other electronic media as part of our presentation of our baked goods to you, some of which may contain you or your guests’ image, likeness or voice. You and your guests grant us the right to use this media for reference, display, advertising or promotional purposes and understand that neither you nor your guests will be financially remunerated for this media usage. You also agree that we may purchase copies of photos from your event photographer (if one exists).
INCLEMENT WEATHER/ENVIORNMENTAL EMERGENCIES: We will work to complete your order as planned. We, however, will not be responsible for delays resulting from causes beyond our reasonable control including without limitation weather, fire, explosion, flood, and civil unrest. If we are unable to complete your cake due to such conditions or other emergencies that are not within our control, we will call you as soon as possible to let you know and to discuss options. However, in any such conditions or other emergencies, all monies paid (including the deposit) shall be refunded if the cake is not received. If you cancel your event, reschedule delivery to a new date and/or location, or insist on having us finish the order against our recommendation, no monies will be refunded.
Waiver: Our failure at any time to enforce any provision of these Terms and Conditions shall in no way affect our rights thereafter to require complete performance by you.
Dispute Resolution:We do not expect to ever have anything but the best relationship with our clients. In the very unlikely event that a dispute does arise between us, however, which cannot be resolved through discussion and understanding, any such dispute arising out of or related in any way to these Terms and Conditions or to our services shall be resolved through binding arbitration in Orange County, California before a single retired judge or justice affiliated with a reputable dispute resolution company such as JAMS or Judicate West. In that event, the dispute shall be governed and interpreted under California law without regard to its choice of law rules and the parties shall bear their own attorney’s fees and costs, but shall share equally the fees and costs of the arbitrator. The prevailing party at arbitration shall be entitled to its reasonable attorney’s fees and costs.
No Assignment:You may not assign any rights granted to you in these Terms and Conditions to any third party without our written consent.
Complete Agreement:These Terms and Conditions represent the entire agreement between you and us as to the matters stated herein and supersede all prior agreements and understandings between you and us, whether oral or written, and they may not be amended except in writing signed by both you and us.
IF YOU HAVE ANY QUESTIONS OR CONCERNS – Please contact:
Elizabeth Zwicker – Owner – Little Something Sweet LLC