SERVICES

These terms are made effective upon your accessing the site/ or completing the registration or shopping process between Gift of Gab Events, and its employees (hereinafter referred to as GOG) and the customer  (hereinafter referred to as the “Client”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.

 

These terms ensure that your cupcakes, cake pops and/or desserts (hereinafter referred to as the “desserts”) are made, designed and delivered according to your specifications. Your order is confirmed and the date reserved only upon the execution of contract and when the deposit is received.  

Description of Services. GOG will provide the Client with desserts as described on the attached order form. This is a creative process and GOG will do our best to replicate and create the selected design as close as possible.

Payment Terms. A deposit of 50% of the total is required to reserve the event date and place the order; it is non-refundable.  It may be used at a later time, depending on GOG availability. If the final payment is not received by the due date specified on the contract, GOG reserves the right to refuse your order. All late payments will be assessed a late fee of 15% of the amount due. The Client agrees to pay any collection on this account or any dispute arising out of this agreement.

Cancellation Policy. All cancellations must be made in writing. All orders cancelled by the cancellation date specified on the contract will receive a refund of 100% of the order payment less the 50% non-refundable deposit. All orders cancelled after the cancellation date specified on the contract will receive no refund of the order payment.

Tax. Sales tax, if required, is included.

Agreement Term.  The agreement begins upon your accessing the site/ or completing the registration or shopping process. These terms and conditions may be terminated by GOG without notice at any time for any reason. The provisions relating to copyrights, trademark, disclaimer, limitation of liability, indemnification and miscellaneous, shall survive any termination notice. GOG may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in GOG account information.

Facilities and Equipment. The client shall provide at its expense suitable dessert display table and environment. GOG is not responsible for loss due to improper storage or display of the desserts. The Client is responsible for arranging an appropriate location, out of direct sunlight, away from unnecessary heat, or out of high temperatures.

Pick Up of Desserts. GOG will not be responsible for any damages incurred to the desserts once the desserts leave the GOG premises.

Delierts (including the acts of guests, caterer, florist or any person with regard to the desserts). There is additional fees for the delivery.

Changes. Any changes to the design, guest count, flavors or colors must be made prior to approximately 30 days prior to the event.  Changes to the date or time of the event may affect the ability of GOG to create the desserts, GOG will reserve the right to refuse the order. The client agrees to pay for all additional charges incurred from the order change and will be included in the final payment.

Matching Colors. The client is responsible for providing us with color swatches to be used as reference when designing and creating the desserts. GOG will do our best to recreate these colors, however when working with food items some colors may not be achievable and we will be forthcoming with any concerns we may have. GOG is not responsible for any colors that fade due to the desserts exposure to light or colors that appear different due to lighting at the location.

Decorations. The client will provide any items that are to be used as decoration on the desserts by the date specified on the contract. GOG will not be place any decorations on the desserts that are not provided to GOG by date specified on the contract. The Client agrees to release and discharge GOG from all responsibility and liability from any injury or damage caused by the use of the provided decorations.

Non-Edible Elements. Non-edible elements (including but not limited to structural supports, baking liners, ribbons and sticks) may be required or used as decoration in the making of the desserts. These items should be removed prior to consumption of the desserts. The Client agrees to release and discharge GOG from all responsibility and liability from any injury or damage caused by the use of non-edible elements.

Fresh Flowers. GOG will design desserts that include the use of fresh flowers at the request of the Client. GOG will not be responsible for placing the flowers onto or around the desserts. The Client is responsible for consulting a florist regarding the selection and use of flowers on the desserts and making arrangements to have the flowers placed. The Client agrees to release and discharge GOG from all responsibility and liability from any injury or damage caused by the use of fresh flowers on the desserts.

Allergies. The desserts may include or come in contact with milk, wheat, soy, tree nuts, artificial coloring and other allergens. The Client is responsible for notifying their guests and agrees to release and discharge GOG from all responsibility and liability for any and all allergic reactions.   

Photographs. GOG reserves the right to photograph the desserts, or obtain professional photographs from the Clients photographer, for the use of own reference, display or promotional advertising without compensation to the Client.

Regulations. GOG will work in compliance with all QueensCounty health department rules and regulations with regard to hygienic preparation and service of food.

Insurance. GOG will procure and maintain in full force and effect during the term of the agreement general liability insurance.

Risk of Loss or Damage. The Client enters into this rental agreement voluntarily and assumes all risks of loss, injury or damage from any cause, and agrees to return items to GOG in the condition received from GOG.  The Client agrees to release and discharge GOG from any and all responsibility or liability from such injury or damage against GOG which the Client otherwise may be entitled.

Force Majeure. GOG will not be liable for any losses resulting from non-fulfillment of any terms or provisions of this agreement, if GOG is prevented or delayed from performing in whole or part because of supplier failure, acts of God, fire, explosion, vandalism, storm., war, riot, strike, flood or by any other act of occurrence not within the reasonable control of GOG, which it could not prevent.

Entire Agreement and Modification: The agreement constitutes the entire agreement between the parties. No Modification or amendment of this agreement shall be effective unless in writing and signed by both parties. This agreement replaces any and all prior agreements between parties.

Governing Law: This agreement shall be construed in accordance with the laws of the State of New York.

Severability: If any portion of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Waiver: The failure of either party to enforce any provision of this agreement shall be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.

Arbitration: Any controversy or claim relating to this agreement will be settled by binding arbitration under the rules of the American Arbitration Association, and any judgment granted by the arbitrator(s) may be enforced in any court or proper jurisdiction.

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