Terms of Service

TERMS OF SERVICE

Last Updated: November 14, 2025

ACCEPTANCE OF TERMS

By accessing our website (www.bettercakesbyclaudia.com), placing an order, or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms apply to:

  • All visitors to our website
  • All customers who purchase products
  • All users of our services

Please read these Terms carefully before using our website or placing an order.

COTTAGE FOOD OPERATION

Bettercakesbyclaudia operates as a Cottage Food Operation under California Health and Safety Code Section 114365. Our products are made in a home kitchen that is not subject to routine food safety inspections by the California Department of Public Health.

As required by law, we provide the following notice:

"This product was produced in a home kitchen that may process common food allergens and is not subject to public health inspection that may also process common food allergens."

Cottage Food Permit: DEH2023-FCFO-001546

For questions about cottage food operations, contact your local environmental health department.

HOME-BASED BUSINESS

As a home-based cottage food operation:

  • Pickup/delivery addresses will be provided after order confirmation
  • We do not allow walk-in customers without appointments
  • Our business operates by appointment only
  • Customers agree to respect our home and property during pickup
  • We reserve the right to refuse service to anyone

Hours of Operation:

  • Monday to Friday: 9:00 AM - 6:00 PM PST
  • Saturday: 10:00 AM - 1:00 PM PST
  • Sunday: 10:00 AM - 12:00 PM PST

Pickup and delivery by appointment only.

INGREDIENTS

All cakes, fillings and icings may contain, or come into contact with, soy, wheat, dairy, nuts or other allergens.

It is the responsibility of the Customer to inform us prior to the confirmation of their booking of any allergy issues. It is the responsibility of the Customer to inform their guests of all allergy information and accordingly we will not be held liable for any allergic reaction resulting from consumption of the cake.

All products are made to order and to be eaten on the day of the pick-up/delivery.

FRESHNESS OF OUR PRODUCTS

All products are made to order, using fresh ingredients and must be consumed within 3 days of its pick-up or delivery date. Most of our products must be refrigerated or stored in cool room temperature.

ORDERS

We prefer at least 24 hours' notice in advance to fulfill all orders, as we are continually booked in advance. We will however endeavor, where availability permits, to accept short notice cakes.

Any Products ordered from a picture or photo of a product produced by any other cake maker, can only be reproduced by us as our interpretation of that product and will NOT be an exact reproduction of the product in the picture or photo.

BUTTERCREAM CAKE DEPOSITS

A non-refundable deposit of 50% is required to hold your date within seven (7) days prior to pickup.

Where we have delivered what is quoted and invoiced, but the Customer does not accept the finished Product, the deposit WILL NOT be refunded. The Customer can choose to pay the remainder and take the Product/s, or leave them at no extra cost.

FINAL BALANCE PAYMENTS AND PICKUPS

The balance is due on or before pickup date, and before the Product leaves the premises.

If paying by cash, correct change is appreciated, as we may not have the exact change on the premises.

If paying by internet transfer, the money needs to hit the account BEFORE the product leaves the premises.

It is the responsibility of the Customer to check the state of the product before leaving the premises. Once the item has left the premises, the Customer is responsible to ensure that products get to its destination safely and is stored as per our instructions to achieve best results for taste and quality.

Failed Payments: If payment fails or is declined, we reserve the right to cancel your order and retain your deposit.

Chargebacks: If you dispute a charge with your bank or credit card company (chargeback) after receiving your product in acceptable condition, you agree to pay our costs of responding to the chargeback, including a $50 administrative fee.

DELIVERY

We offer delivery for certain destinations. Delivery is charged at our discretion.

Delivery will be carried out in a safe and appropriate manner. Once delivered to the customer and custody of the product has been transferred with the product in appropriate condition, it is then up to the customer to store and care for the cake as per our instructions. If anything is to happen to the cake after this exchange, we are not liable for any damages.

A delivery date and time will be agreed by both parties, and if the customer is not at location at this time and date, and we are not able to contact the customer, the product will be transported back to our premises and it will be the customer's responsibility to collect the product.

PUBLICATION RIGHTS

We reserve the right to use any image of a Product made by us for publication at a later date.

LIABILITY TRANSFER AT PICKUP/DELIVERY

Third-Party Pickup: If a third party will be collecting the cake on the customer's behalf, a release form is to be signed by that person, stating the cake is received in good condition at the time of pickup/delivery.

Customer Responsibility: The Customer is liable for any damage, accident, or mishap that may occur once the cake is released from our care and custody. We are not liable for any damage that may occur thereafter.

REFUNDS/CANCELLATION/POSTPONEMENT POLICY

Postponement: If, for any reason the event is required to be postponed, please contact us immediately. The new date proposed will be subject to availability.

Cancellations/Refunds: If cancellation of the order is required, and you have paid your full balance, the refund policy is as follows:

  • If the cancellation is up to one (1) week in advance of your event date, you will receive a refund, less your initial deposit and the cost of any supplies already purchased for your cake.
  • If the cancellation is less than two (2) days prior to your event, there will be absolutely no refunds given.

Refunds will be paid within 30 days of cancellation.

Please note: Any non-refunded balance may be credited toward future purchases.

DISPUTE RESOLUTION AND ARBITRATION

Agreement to Arbitrate: You and Bettercakesbyclaudia agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our website, or any products or services purchased from us shall be settled by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Waiver of Class Actions: YOU AND BETTERCAKESBYCLAUDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration Rules: The arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its applicable rules, or another mutually agreed arbitration provider.

Location: Any arbitration shall take place in San Diego County, California.

Exceptions: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration.

Opt-Out: You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to 2909 Mobley Street, San Diego, CA, 92123 within 30 days of your first use of our website.

LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Total Liability: Our total liability to you for any claims arising from your use of our website or purchase of our products shall not exceed the amount you paid us for the product in question.

Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Lost profits or revenue
  • Loss of data
  • Cost of substitute goods or services
  • Emotional distress or reputational harm
  • Event cancellation or postponement costs
  • Any damages exceeding the purchase price of the product

Food Safety: While we take all reasonable precautions in food preparation and follow health and safety guidelines, we are not liable for any illness, allergic reaction, or food-related injury, except where caused by our gross negligence or intentional misconduct.

Website Accuracy: We do not guarantee that our website will be error-free, uninterrupted, or free from viruses or other harmful components.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

EXCLUSIVE VENUE

Subject to the arbitration provision above, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the jurisdiction of such courts.

ACCEPTABLE USE OF WEBSITE

You agree not to:

  • Use our website for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Transmit viruses, malware, or harmful code
  • Scrape, copy, or harvest data from our website
  • Impersonate us or another user
  • Submit false or fraudulent orders
  • Abuse our return or refund policies

Account Security: If you create an account, you are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account.

Intellectual Property: All content on our website, including text, images, logos, and designs, is owned by Bettercakesbyclaudia or licensed to us. You may not use, reproduce, or distribute our content without written permission.

PRIVACY AND DATA COLLECTION

Use of Personal Information: By using our website, you acknowledge and agree to the collection and use of your personal information as described in our Privacy Policy, which is incorporated into these Terms by reference.

Third-Party Services: Our website is hosted by Shopify and may use other third-party services. These services may collect information about you as described in our Privacy Policy.

Consent to Electronic Communications: You consent to receive electronic communications from us, including order confirmations, shipping notifications, and marketing messages (which you may opt out of at any time).

DISCLAIMER OF WARRANTIES

Our products and website are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

  • Our website will meet your requirements
  • Our website will be uninterrupted, timely, secure, or error-free
  • Products will be exactly as depicted in photos (colors, decorations, and designs may vary slightly)
  • Our products will be suitable for any particular event or occasion

Perishable Goods: As our products are perishable food items, we make no warranty regarding shelf life beyond our stated freshness guidelines.

FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God (earthquakes, floods, fires)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Pandemics or health emergencies
  • Power outages or utility failures
  • Supplier failures or ingredient shortages
  • Equipment breakdowns
  • Personal illness or family emergencies

In such events, we will notify you as soon as reasonably possible and may:

  • Reschedule your order (subject to availability)
  • Refund your deposit if we cannot fulfill the order
  • Offer an alternative product or solution

Deposit Refunds: If we must cancel your booking due to circumstances covered by this Force Majeure clause, your deposit will be refunded within seven (7) days of notification.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bettercakesbyclaudia, its owner, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

  • Your use or misuse of our website
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any false or misleading information you provide
  • Your failure to disclose allergies or dietary restrictions
  • Your failure to properly store or handle products after pickup/delivery
  • Any injury or damage resulting from your use of our products after they leave our custody

This indemnification survives termination of these Terms.

MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with a new "Last Updated" date.

Your continued use of our website or purchase of products after changes are posted constitutes your acceptance of the modified Terms.

We encourage you to review these Terms periodically.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bettercakesbyclaudia regarding your use of our website and purchase of products, and supersede all prior agreements and understandings.

WAIVER

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us:

Bettercakesbyclaudia
Email: bettercakesbyclaudia@gmail.com
Address: 2909 Mobley Street, San Diego, CA, 92123
Website: www.bettercakesbyclaudia.com

For privacy-related inquiries, please refer to our Privacy Policy.

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.