Legal Terms

1. DEPOSIT

An initial non-refundable retainer of 50% of the total cost is required to confirm and hold a reservation (25% for orders of $1,000 and above).

1.2 Your spot on the date of your event may be issued to another client in the event

your deposit is not received.

2. FINAL PAYMENT

Total amount is due in full 7 days prior to the fulfillment/pick up date (four weeks prior for wedding orders).

2.2 We must receive the balance by 5 pm on the due date indicated to begin working on your order. Failure to do so will result in a cancelation of the order, contract will be null and void, and retainer will not be refunded.

2.3 We are not obligated to remind you about payment of the final payment within

the specified period.

2.4 The Balance due date is the final date for any cancelation or changes to the event date, size, style or flavors of the cake or desserts.

3. LAST MINUTE ORDERS

A rush fee will be added to orders placed within 72 hours of the expected fulfillment date. (within 7 days for order over $150)

4. CANCELATION/REFUNDS

Cancellations received after the balance due date will not be subject to refund.

4.2 In no event shall we be required to refund any payment charged for any Order. The

sole remedies available to you in the event you cancel the order, or your event is

postponed or rescheduled, is a credit on future orders placed within a year from the original order date indicated on the original invoice.

5. SICKNESS

You acknowledge that Aliyah has the right to cancel the order in the event she

becomes ill or has a family emergency. The Client will be contacted and informed as soon as humanly possible. In addition to that the Client will receive a

refund ONLY in such a circumstance.

6. COLOR MATCHING, ARTIST DESIGN AND DESIGN CHANGE

In the course of designing the cake reserve the right to exercise artistic license and make last minute changes if necessary, in order to guarantee the structural, visual, and creative integrity of a cake or dessert.

6.1 As you are aware, photos for inspiration are welcome. However, Aliyah cannot do

exact replications of the designs requested from another cake artist.

7. SERVING SIZE

Aliyah Bakes and Creates is not responsible for cake serving shortage.

8. PACKAGING

At Pick up, your cake will be boxed up and secure for travel to your destination.

Please make sure your vehicle has room and a flat surface to sit the cake box down.

9. PICKUP/DELIVERY

Delivery is available for cake orders of $500 and up depending on Aliyah Bakes and Creates’ availability. Delivery fee starting at $25 plus pricing based on location ($2 per mile for the 1st 20 miles and $4 per mile for all additional miles, up to 50 miles, plus any tolls). All other orders must be picked up from Central Islip, NY by the client or a representative.

9.1 We are not responsible for any damage to the cake or desserts after delivery or pickup is complete.  You are responsible for providing an appropriate and secure table and environment with an optimal room temperature of 75 degrees or below.

9.2 You or your representatives elected to pick up and set up your cake or desserts assume all liability and responsibility for the condition of the cake or desserts once they leave our possession.

10. EQUIPTMENT DETAILS

If your cake requires equipment such as cake stands, clear tiers, floating tiers etc, in addition to the rental fee, a security deposit is required in order to ensure safe return of the equipment. If the equipment is returned by the due date (7 days after order fulfillment date) in its original condition, the security deposit will be returned in full. The security deposit is forfeit if equipment is not returned by Equipment Return Date indicated on the invoice.

10. LIMITATION OF LIABILITY

In no event will we be liable to you for any indirect, direct, incidental, special,

consequential or punitive damage arising out of or relating to the cake once it leaves

Jessica’s or the staff’s possession.

11. APPLICABLE LAW

You agree that the laws of the State of New York without regard to principles of conflict

of laws; will govern these Terms and any dispute of any sort that might arise

between you and us.

12. DISPUTES

12.1 You are required to conduct your own due diligence and proceed with caution

when making your orders.

12.2 We encourage you to try and settle conflicts with us by mutual communication.

If for any reason this fails, you can seek judgment from any competent Court of law

in the State of New York.

13. INDEMNIFICATION

You agree that you will be responsible for your involvement with us when seeking

our services, and you agreed to defend and indemnify us from and against every

claim, liability, damage, loss and expense including reasonable attorneys’ fees and

costs, arising out of or in any way connected with the cake that you order.

14. AMMENDMENTS

We may amend the Terms at any time. The revised version will be effective at the

time we post it. If we change the Terms in a way that reduces your rights or

increases your responsibilities, we will provide you with a notification.

15. DISCLAIMERS

You are acknowledging & responsible for all NON-TOXIC items used for structure, decoration, or any other purpose on your dessert

15.2 Highlighter dust & disco dust are non-toxic but are not edible! They are used for

enhancing decoration only.

15.3 In choosing to have fresh flowers arranged on your cake, you acknowledge that

fresh flowers are not food products, and may be toxic or contain pesticide/herbicide,

residues, dirt, insects, and/or other contaminants. However, all responsibility for the

freshness, color, overall condition, and cleanliness of the flowers rests with you.

16. NUT PRODUCTS

Our products may contain or come into contact with milk, wheat, nuts, soy, and other allergens. You agree to notify your guests of this risk and hold us harmless for allergic reactions.

17. ALLERGY RESPONSIBLE

You understand that is your responsibility to inform Aliyah prior to booking the order

if there are any allergy concerns and order accordingly.

18. ENTIRETY

These Terms, together with any other materials referenced in or expressly made a

part of these Terms, constitutes the final and entire Agreement between you and us.