Terms of service
Terms & Conditions
The Terms and Conditions of this agreement is made between BookerNow Desserts and the client for the purchase of custom desserts by continuing to use this website and placing an order, the Client acknowledges and agrees to the terms outlined in this Agreement.
1. Business Disclosure
This business operates under the Cottage Food Laws of Florida & Pennsylvania. All products are made in a home kitchen that is not inspected by the health department. Clients acknowledge and accept that baked goods produced under Cottage Food Laws are not subject to the same regulations as commercially licensed bakeries.
2. Retainer & Deposit Policy
A non-refundable retainer fee of $100 is required to secure the order date. This fee compensates for time, materials, and lost opportunities. If a deposit is also required, it may be refundable under specific conditions as outlined in the cancellation policy below.
3. Ordering Process & Payment Terms
Orders must be placed at least 3 weeks in advance. All final payments must be received no later than 7 days before the fulfillment date. Orders placed within 7 days of the fulfillment date require full payment at the time of booking.
All payments must be made using an invoice or website. The remaining balance is due no later than 7 days before the scheduled order fulfillment date.
Installment Payment Plan
For clients opting for an installment plan, a deposit of $100 is required to secure the order. The deposit will be applied toward the remaining balance of the order. The remaining balance will be paid in installments of $100, due every 2 weeks on Friday by 5 PM until the final payment due date week prior to event. The non-refundable deposit will be applied toward the remaining balance of the order.
For clients opting for an installment plan, a deposit of $100 is required to secure the order. Installments must be paid on time to ensure order fulfillment. A late fee of $20 per day will be applied for each 3 day(s) past the due date. If late fees exceed 50% of the order value, the order may be automatically canceled. If full payment (including all late fees) is not received within 5 days after the final due date, the order will be canceled at BookerNow Desserts’ discretion.
In the event of cancellation before any product is produced, the client will receive a refund of all payments made, minus the non-refundable retainer and any accrued late fees, which are non-refundable.
If production has not begun, the client may choose to receive either:
1. A refund minus the non-refundable retainer and late fees (if applicable) OR
2. A full store credit valid for up to 90 days from the original fulfillment date.
The store credit must be used for the exact same order with no variations.
Any requested modifications will result in additional charges.
If production has begun, all payments become non-refundable and non-transferable.
Orders placed within 7 days of the fulfillment date must be paid in full at the time of booking. Due to the custom nature of baked goods, all payments are final once production begins.
4. Non-Fulfillment Policy
If, for any reason, BookerNow Desserts is unable to fulfill a portion of the client’s order, the client will receive a refund for the value of the unfulfilled product(s) only. No refunds will be issued for products that have been completed and delivered.
5. Sales Tax Compliance
All orders are subject to applicable state and local sales tax based on the order location. Sales tax will be calculated at [6%] and included in the final invoice. Clients are responsible for any additional tax obligations in their jurisdiction.
6. Refunds, Cancellations, & Baking Credits
Client Cancellations:
• If the Client cancels at least 2 weeks before the order fulfillment date, they may receive a refund of all payments made, minus the non-refundable retainer and late fees (if applicable).
• Cancellations made within 1 week of the fulfillment date may be eligible for a baking credit equal to the amount paid (excluding the non-refundable retainer fee and late fees (if applicable)). Baking credits must be used within 90 days of the cancellation date. The credit applies to the exact same order with no modifications. Any requested modifications will result in additional charges
• No refunds or credits will be issued after the product has been received by the Client.
Bakery Cancellations & Non-Fulfillment Policy:
If BookerNow Desserts must cancel an order due to unforeseen circumstances, the Client will receive either:
1. A full refund of all payments made, including the retainer, OR
2. An alternative fulfillment date for product of equal value, within 90 days from
the cancellation date.
If, for any reason, BookerNow Desserts is unable to fulfill a portion of the Client’s order, the Client will receive a refund for the value of the unfulfilled product(s) only. No refund or credit will be issued for products that have been completed and delivered.
7. Allergy Disclaimer
While we take all reasonable precautions to prevent cross-contamination, our kitchen processes products containing tree nuts, peanuts, dairy, eggs, wheat, sesame, and soy. Clients assume full responsibility for informing guests of potential allergens. The client acknowledges that BookerNow Desserts is not liable for allergic reactions.
By placing an order, the customer acknowledges this risk and agrees that BookerNow Desserts is not liable for allergic reactions.
8. Perishability & Storage Disclaimer
· Custom desserts and baked goods are perishable and should be stored properly.
· BookerNow Desserts is not responsible for damage, melting, or deterioration due to improper storage or handling after pickup/delivery.
· Clients assume full responsibility for keeping desserts in appropriate conditions.
9. Delivery, Pickup, & Shipping Policies
**Pickup:** Clients must arrive at the scheduled agreed date & time of [date/time]. The [Bakery name] is not responsible for any damage that occurs after an order has been picked up. Clients must inspect their order upon pickup and notify the Bakery at that time of any issues with the product.
**Delivery:** Available for an additional fee of $25 within 5 miles. Longer distances may be available for an additional fee. Once the order has been delivered and signed for, BookerNow Desserts is no longer responsible for any damage that may occur. If no one is available to receive the order at the time of delivery, we will wait up to 10 minutes before leaving. No refunds will be issued for failed deliveries. The client must reschedule for pickup within 24 hours. If the order is not picked up within this timeframe, the order will be forfeited, and no refunds or credits will be issued.
BookerNow Desserts takes photo documentation upon delivery as proof of product condition before handoff. We are not responsible for any damage to the cake after setup is complete. The client is responsible for providing an appropriate and secure table and environment for the cake(s) or any dessert item ordered. Cakes and or dessert items can be heavy and require a sturdy table, as well as an optimal room temperature of 75 degrees or below to maintain stability.
**Shipping:** Select baked goods are available for shipping via [UPS]. Shipping fees are calculated at checkout based on location and package weight.
**Lost or Damaged Shipments:** If a package is lost due to the shipping carrier’s fault, the customer may be eligible for a refund minus the non-refundable retainer, or store credit valid for 90 days from the date of the lost package.
**Damaged Orders:** If an order arrives damaged, the customer must provide photo documentation within 12 hours of receipt via email for store credit that will be good for up to 90 days from date of the received damaged package.
BookerNow Desserts is not responsible for delays caused by the carrier, weather conditions, or incorrect shipping addresses provided by the customer.
10. Liability & Dispute Resolution
The Bakery is not liable for damages or losses once the product has been delivered or picked up. Any disputes arising from this Agreement shall be resolved in accordance with the laws of Florida or Pennsylvania. Jurisdiction shall be in the courts of Florida or Pennsylvania.
11. Intellectual Property Rights
All recipes, cake designs, and photographs are the property of BookerNow Desserts.
Customers may not use, distribute, or replicate images or content from this website without written permission.
Unauthorized use, reproduction, or replication of BookerNow Desserts’ designs, branding, recipes, or images without express written consent may result in legal action. Clients may not claim designs as their own, nor use them for commercial purposes.
12. Inspirational Photos & Artistic Design Policy
BookerNow Desserts welcomes inspirational photos from Clients to help guide the design process. However, all orders are custom-made, and exact replicas of inspirational photos cannot be guaranteed. Inspirational photos will be used as a reference, but BookerNow Desserts retains full artistic discretion in executing the design.
By placing an order, the Client acknowledges and agrees that:
• The final product will reflect BookerNow Desserts unique style and artistic interpretation.
• Colors, textures, and design elements may vary from the provided inspirational photo.
BookerNow Desserts will make reasonable efforts to accommodate client preferences, but final artistic discretion remains with the bakery. Variations in color, texture, and decorations do not qualify for refunds or adjustments.
13. Modifications to Design
• Design modifications must be requested no later than 7 days before the fulfillment date. Changes requested after this deadline may incur additional charges or be declined.
• Major changes (such as structure, color, or theme adjustments) may result in additional fees.
• BookerNow Desserts reserves the right to decline any design modifications requested after the agreed-upon deadline.
• If a design change is requested after work has begun, an additional fee may apply based on labor and material costs.
14. Custom Toppers & Non-Edible Decorations
• Customers requesting custom cake toppers, acrylic pieces, or fondant figurines must submit their request at least 2 weeks in advance to allow for sourcing and/or production time.
• Custom toppers or figurines may be handmade or pre-ordered and may require an additional charge.
• If a custom topper is shipped separately, BookerNow Desserts is not responsible for shipping delays or damages.
• Customers must remove all non-edible decorations before serving. BookerNow Desserts is not responsible for injury or damage caused by failure to remove non-edible items.
15. Edible Images & Printed Designs
• Edible images (e.g., custom-printed designs or sugar sheets) may experience slight color variations due to food-safe ink and printing processes.
• The clarity and vibrancy of edible images are subject to ink quality, humidity, and food-grade paper texture.
• BookerNow Desserts is not responsible for fading, bleeding, or color shifts due to humidity or refrigeration after pickup.
16. Chocolate Temperature & Setting Disclaimer
All chocolate treats are handcrafted and require proper setting time. Chocolate may naturally experience texture variations, slight color differences, or blooming (white streaks) due to temperature shifts. These natural occurrences do not affect taste or quality.
Chocolate should be stored in a cool, dry place away from direct sunlight, with an optimal temperature of 55°F to 68°F (13°C to 20°C) and humidity levels below 50%. Exposure to temperatures above 70°F (21°C) can cause softening, while 80°F (27°C) or higher may result in melting. If refrigeration is necessary, chocolate should be wrapped tightly and allowed to reach room temperature before unwrapping to prevent condensation.
BookerNow Desserts is not liable for melting, discoloration, or texture changes due to improper storage after pickup or delivery.
Condensation & Moisture Release
Chocolate-covered fruit contains natural moisture. Condensation may occur when treats transition from cold storage to room temperature, leading to a sticky surface. To minimize condensation, treats should remain in their packaging until ready to serve.
BookerNow Desserts is not liable for condensation, sweating, or ‘weeping’ caused by natural fruit moisture.
Leaking, Overripe, or Deteriorating Fruit
· Chocolate-covered fruit is best consumed within 24 hours of pickup/delivery. As fruit continues to ripen, natural moisture release may occur, impacting the chocolate coating.
· No refunds, replacements, or store credits will be issued for fruit that leaks or deteriorates due to the natural ripening process.
· Clients should store treats properly. Airtight containers trap moisture and may cause faster deterioration. BookerNow Desserts is not responsible for damage caused by improper storage.
17. Fresh Flower
Use of Fresh Flowers:
· BookerNow Desserts may use fresh flowers as a decorative element on cakes, cupcakes, or other desserts upon Client request.
· Fresh flowers are for decoration purposes only and are not edible unless specifically stated as food safe.
Clients acknowledge that BookerNow Desserts is not liable for reactions, illnesses, or issues related to non-edible or potentially toxic flowers provided by the client or florist.
Non-Edible & Potentially Toxic Flowers:
· Not all flowers are safe for direct food contact. Some flowers may contain pesticides, chemicals, or natural toxins that are not intended for human consumption.
· BookerNow Desserts is not responsible for any adverse reactions caused by non-edible flowers placed on desserts at the Client's request.
· If the Client provides their own flowers, the Client assumes full responsibility for their safety and food compatibility.
Safe Handling & Placement:
· Flowers will be wrapped or placed with a protective barrier when possible, to minimize direct contact with edible portions of the dessert.
· BookerNow Desserts will take necessary precautions, but the Client assumes responsibility for removing all floral decorations before serving.
Client Acknowledgment & Liability Waiver:
· By agreeing to the use of fresh flowers, the Client acknowledges that BookerNow Desserts is not liable for any reactions, illnesses, or harm resulting from the flowers used on their order.
· The Client understands that fresh flowers may wilt, change color, or deteriorate over time, and no refunds will be issued for natural changes after placement.
18. Structural Integrity & Environmental Factors
• Certain cake designs may require internal support (such as dowels, cake boards, or separators) for stability. These must be removed before serving.
• Cakes over 3 tiers will require delivery to ensure structural integrity; customer pickup is not recommended.
• Due to the nature of buttercream and fondant, extreme heat, humidity, and improper storage may affect the structure of the cake. Once the cake leaves BookerNow Desserts, we are not responsible for damage caused by temperature changes or mishandling.
19. Final Design Approval
Once the final payment has been made and the design has been approved, no further changes will be accepted. BookerNow Desserts retains full artistic discretion in executing the agreed-upon design.
20. Force Majeure
In the event of unforeseen circumstances (e.g., natural disasters, acts of God, illness, baker emergencies), BookerNow Desserts reserves the right to cancel the order and provide a full refund or reschedule the order. Delays due to the Client’s failure to pick up or receive delivery are not covered under this clause. Refunds will be considered on a case-by-case basis.
21. Dispute Resolution
We value customer satisfaction and strive to resolve any issues fairly. If a dispute arises regarding an order, both parties agree to follow these steps before pursuing legal action
Step 1: Written Notice of Dispute
· The Client must submit a formal written notice via email to dispute@bookernowdesserts.com or certified mail within 7 days of order fulfillment.
· The notice must include:
o Order number, date of purchase, and total amount paid.
o A clear explanation of the dispute.
o Supporting documentation (e.g., photographs, emails, receipts).
· BookerNow Desserts will acknowledge receipt within 5 business days and provide a proposed resolution within 10 business days of review.
Step 2: Mediation (If Needed)
· If the dispute cannot be resolved through written communication, both parties agree to participate in mediation before filing a lawsuit.
· Mediation will take place in Norristown, Pennsylvania, unless both parties agree to virtual mediation.
· A neutral third-party mediator will be selected by mutual agreement.
· Both parties must engage in mediation within 5 days of the request and share mediation costs equally unless otherwise agreed.
Step 3: Legal Action (If Mediation Fails)
· If mediation does not resolve the dispute, either party may file a legal claim in a court of competent jurisdiction in Pennsylvania.
· Any claims will be limited to the actual amount paid for the disputed order (no claims for emotional distress, lost profits, or reputational harm).
· The party that wins the case (the "prevailing party") shall be entitled to recover reasonable legal costs, including attorney fees and court expenses.
· If neither party is fully at fault, each party will be responsible for their own legal costs.
· Class-action lawsuits and punitive damages are not permitted under this agreement.
By placing an order on this website, the Client agrees to follow the dispute resolution process outlined above.
22. Acceptance of Terms
By placing an order on this website, the client confirms they have read, understood, and agreed to these Terms and Conditions. Continued use of this website constitutes acceptance of these terms.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@bookernowdesserts.com.
Our contact information is posted below:
BookerNow Desserts
sales@bookernowdesserts.com
(814) 913- 2253