Terms and Conditions

Last updated: October 10, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Illinois, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to JAAMs Cakery LLC, Springside Drive, Elgin, IL 60124

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to JAAMs Cakery, accessible from https://jaamscakery.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Order Terms

  • Timeline: All custom orders require a minimum of 48 hours notice and are subject to availability.
  • Deposits: A 50% non refundable retainer is needed to place orders. This guarantees order will be made and picked up. No retainer = No order.
  • Payments: All payment arrangements must be made PRIOR to acceptance and retainer payment. All arrangements are subject to approval and not guaranteed.
  • Cake Care: Instructions on care and storage will be given with all orders. Once the order has transferred possession, we no longer assume responsibility for any items.
  • Backup: Should our staff become ill at any time and unable to complete your order, you will be notified immediately. We will make every attempt to secure a back-up baker, however if unable, you may choose to have your order rescheduled or refunded. Should you become ill or come in contact with someone who is ill, please notify us so we can arrange for porch pick-up. This will be the only option available in this situation.
  • Allergies: We are happy and able to cater to those with intolerances or mild allergies to common ingredients. JAAMs Cakery does not guarantee 100% allergen free products. We operate in a home bakery under the cottage law guidance, an establishment that is not inspected by the health department. Since we do not have designated allergen free zones. Upon receiving the orders for allergen sensitive orders, we do our very best to maintain clean stations to prevent cross contamination. If you have a severe allergy or require a bakery that is 100% free from certain allergens, we have several bakeries we would be happy to refer you to.
  • Design/Decoration: Inspiration for your preferred decoration/design is appreciated and will be followed to the best of the decorator’s ability. Certain designs and colors may vary and are subject to the decorator’s discretion, ability and style. We cannot duplicate an exact copy of another cake or artist’s work.
  • Changes: We will do our best to accommodate changes in flavors or decoration provided you notify us in a timely manner before your event date. We do not guarantee that change requests will be accommodated. Changes may change the price of your cake. All changes are subject to approval from the JAAMs Cakery team.
  • Use of Cake Design: JAAMs Cakery reserves the right to use any photos or media of your cake on its website and in any advertising or marketing/promotional materials without compensation to you.
  • Cancellations: Should you need to cancel your order for any reason, the retainer is non-refundable. There are no refunds for orders canceled less than two weeks in advance. Orders canceled with at least 14 days notice or more will be refunded monies paid minus the retainer.
  • Pickup: We have designated pick-up windows. Mon-Fri between 4PM-6PM. Sat-Sun between 10AM-12PM. If you are unable to arrive at the agreed upon time, please let us know at least 2 days in advance. Any request for deviation from these pick up times will have to be confirmed by us at least 2 days prior to the pick up date. In exceptional cases, we may allow you to reschedule the pick-up time once on the pick up day, and it will be at a time that works with our current schedule. If you do not arrive at your rescheduled time for pick-up or communicate ahead of time about rescheduling pick up time, the items will be donated and monies will NOT be refunded.
  • Liabilities: We are not responsible for any damage incurred to the cake in anyway after the cake has been picked up. We provide clear transportation, handling and storage instructions. You release us of ALL liabilities once the cake is in your possession.
  • Statutory notice: Our products are produced in a home kitchen that is not inspected by a health department and may also process common food allergens. If you have safety concerns, contact your local health department.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Damage waiver; Indemnification: Neither JAAMs Cakery nor its members, managers, officers, employees, or agents may be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the work performed by JAAMs Cakery or products prepared for you by JAAMs Cakery. You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless JAAMs Cakery and its members, managers, officers, employees, and agents, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or arising out of any of your acts or omissions. These obligations shall survive JAAMs Cakery’s completion of your order for all purposes.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: