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Terms & Conditions

Site Contents

Unless otherwise noted, the design of the site, the site as a whole, and all materials that are part of the site (collectively, the "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by We Take The Cake or its subsidiaries and affiliates.

Comments, Feedback & Other Submissions

We welcome your comments and feedback regarding our site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to We Take The Cake using this site or otherwise (collectively, "Comments") are not confidential and will become and remain property of We Take The Cake. The disclosure, submission or offer of any comments will constitute an assignment to We Take The Cake of all worldwide rights, titles and interests and goodwill in the comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

 

The contents are intended solely for your personal, noncommercial use. You may copy other contents displayed on the site for your personal, noncommercial use only. No right, title or interest in any contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the contents or the site. Unauthorized use of the contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

Links to Other Websites & Services

This site may include links to other Internet sites maintained by third parties ("Linked Sites"). We Take The Cake provides linked sites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by We Take The Cake of the linked sites. You access linked sites at your own risk and by accessing them you leave the We Take The Cake site. Linked sites are not under the control of We Take The Cake and We Take The Cake is not responsible for the contents of any linked site.

 

Merchandise Availability

Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You will receive a shipping confirmation email once your items have shipped.

 

Product Information

We Take The Cake products displayed on the site will be quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

  

Disclaimer, Limitation of Liability & Indemnity

Except as otherwise expressly provided, this site, all contents and all products and services are provided on an "as is" basis. We Take The Cake disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We Take The Cake does not warrant that your use of this site will be uninterrupted or error free, or that this site or its server are free of viruses or other harmful elements. Although We Take The Cake endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site.

 

Your use of the site is at your own risk. Neither We Take The Cake nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site. We Take The Cake is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of We Take The Cake's Terms and Conditions, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend and hold harmless We Take The Cake, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of any of these Terms of Use.

 

Information on this web site is provided for informational purposes only and is not a substitute for professional medical advice. You should not use the information on this web site for diagnosing or treating a medical or health condition. You should carefully read all product packaging. If you have or suspect you have a medical problem, promptly contact your professional healthcare provider.

 

Denial of Access

These terms and conditions constitute an agreement that is effective unless and until terminated by We Take The Cake. If in the sole discretion of We Take The Cake you fail to comply with any term or provision of this agreement, We Take The Cake may deny you access to the site. In the event of denial of access by We Take The Cake, you are no longer authorized to access the site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these terms and conditions, shall continue in force. These terms and conditions constitute the entire agreement between you and We Take The Cake, relating to the subject matter addressed herein.

 

Applicable Law

The law applicable to the interpretation and construction of these terms and conditions and any transaction (including purchases made on this site) using or related to the site, shall be the laws of the State of Florida, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida. All proceedings relating to the site, these terms and conditions, or any transaction, including the sale of any products, using this site, shall be brought only in the state or federal courts of Broward County, FL, USA, and you and We Take The Cake, do hereby consent to the jurisdiction and venue of such courts.

Shipping Disclaimer

Unfortunately we cannot be responsible for delayed or undelivered items due to incorrect or incomplete addresses. When possible FedEx will correct addresses for a $10 surcharge. Please make sure that you have provided the correct zip code, apartment #, street #, or type of street (Blvd., Rd., Ave., etc.) to avoid this surcharge.

Be aware we instruct FedEx that no signature is required. Otherwise, it could take the cake beyond its shelf life to be delivered to the correct address. FedEx may leave cakes at the door if there is no one home. However FedEx may choose, at its sole discretion, not to leave a package at the door if they feel it would be unsafe for any reason. FedEx instead will leave a tag indicating how to arrange pickup or another delivery.

Unfortunately we cannot be responsible for undeliverable cakes or delays in the receipt of cakes due to weather or other circumstances beyond our control including the absence of the gift recipient.

Layer cakes and cupcakes available for shipping are specially packaged with dry ice in an insulated cooler and shipped overnight. They will remain fresh after arrival for 4 days. Please allow the cakes and cupcakes to reach room temperature before enjoying. Wrap any remaining cake with plastic and refrigerate. 

Thank you for your understanding,
WeTakeTheCake.com

 

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