Cake Contract

This Cake Contract (“Agreement”) becomes effective upon receipt of payment, entered into by Sucré (“Service Provider”), located in Toronto, Ontario, Canada, and the undersigned (“Client”). By entering into this Agreement, the Client commits to the terms as outlined:

1. Design and Creativity

1.1 Creative License and Design Changes: Sucré reserves the right to exercise creative license in the execution of cake orders. The Client acknowledges that the cake design process, including sketches, descriptions, and photos serve as a collaborative foundation for the final product. Sucré is committed to maintaining the integrity of the Client’s vision while ensuring the structural integrity, stability, and aesthetic appeal of the cake.

It is understood that certain adjustments may be necessary as part of the cake design and production process. These changes may include, but are not limited to, modifications to color, design elements, and decoration techniques to accommodate the practical requirements of cake construction and delivery.

The Client agrees that these creative and structural adjustments may be made at Sucré’s discretion to ensure the highest quality of the finished product. By proceeding with this Agreement, the Client grants Sucré the authority to make such modifications, understanding that the ultimate goal is to deliver a cake that meets or exceeds their expectations, within the limits of practicality and artistic interpretation.

2. Product Details

2.1 Cake Size and Servings: The size of the tiers will be adjusted to ensure the correct number of servings, based on an industry-standard slice of eight (8) cubic inches, four (4) inches high, one (1) inch wide and two (2) inches deep. Sucré shall not be held responsible for shortages due to incorrect guest counts or failure to cut standard slice sizes.

2.2 Decorations: The Client bears full responsibility for the removal of all non-edible decorations prior to cake consumption. Sucré explicitly disclaims any liability for injuries or allergic reactions arising from the consumption or contact with cake decor, including non-edible components or allergens present. Non-edible decorations may include, but are not limited to, sugar flowers, pressed lettering, icing sheets, and support structures such as straws, metal rods, wooden dowels, and plastic dowels. While sugar flowers and similar decorations are crafted from edible materials, they are reinforced with wires for enhanced structural integrity and visual appeal, rendering them unsuitable for consumption. Clients and their guests are advised against eating any form of cake décor. Additionally, engaging in activities such as pressing faces into the cake is strongly discouraged. Sucré assumes no responsibility for injuries sustained by the Client, their guests, or any third parties due to interaction with non-edible cake décor, internal supports, or external structures. It is the Client’s obligation to ensure that these precautions are communicated to and heeded by all event attendees.

2.3 Allergen Disclaimer and Facility Notice: Despite careful precautions, all Sucré products, including those that do not list allergens in their ingredients or description, may have come into contact with common allergens, including but not limited to milk, wheat, nuts, cocoa, and other potential allergens. The Client acknowledges that Sucré operates in a facility that is not nut-free or gluten-free, and there is always a possibility of cross-contamination. The Client assumes the responsibility of informing their guests about the potential presence of allergens. Sucré shall not be held responsible for any allergic reactions or health issues resulting from the consumption of our products. By proceeding with this Agreement, the Client fully acknowledges and accepts these conditions.

3. Financial Terms

3.1 Deposit and Payment: A nonrefundable deposit of 50% is required to secure an order and delivery date. The remaining balance is due 60 days prior to the delivery date. Changes to orders are subject to availability and may incur additional fees, outlined in a separate fee schedule. Changes must be requested in writing 30 days prior to delivery. Orders placed within 60 days of the delivery date require full payment at the time of ordering.

3.2 Payment Methods: Acceptable payment methods include email money transfer to “[email protected]” and cash. Disputes or chargebacks related to payments are subject to resolution solely at Sucré’s discretion.

3.3 Cancellation Policy: Cancellations within 30 days of the event will result in the full contract amount being owed to Sucré.

4. Ordering and Authorization

4.1 Order Authorization: Only the Client or their designated wedding planner are authorized to place an order or request changes to this Agreement. Requests from any third parties (e.g. venue, mother, father, mother-in-law, father-in-law, sibling, relative, friend, etc.) will not be acknowledged or accepted.

4.2 Communication Channels: For all matters pertaining to this Agreement, including but not limited to, order placement, changes, cancellations, and urgent notifications, the Client agrees to communicate with Sucré exclusively through the following channels:

Email: [email protected]
WhatsApp or Phone: +1-647-477-8316

Sucré commits to promptly responding to the Client through these designated channels. The Client acknowledges that these are the only acceptable methods of communication for contract-related matters and that using these channels ensures the clarity and effectiveness of the communication.

4.2 Review and Approval Process: The design of the cake, including all specifications related to size, style, decoration, and any custom requests, will be presented to the Client for review and approval prior to the acceptance of payment. The Client agrees to provide timely feedback and approval to ensure that Sucré can proceed with the preparation of the cake according to the agreed schedule. Once the design is approved by the Client and payment is received, any requests for changes to the design are subject to Sucré’s discretion and may incur additional charges. The Client acknowledges that after payment has been made, the ability to accommodate changes will be limited and dependent on the stage of production.

5. Privacy and Data Protection

Sucré is committed to protecting the privacy and security of the personal information of its clients in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and any other applicable privacy laws in Ontario. The following outlines our responsibilities and the Client’s rights regarding the collection, use, disclosure, and protection of personal information:

  • Collection and Use: Sucré collects personal information such as name, contact details, payment information, and any other information necessary to fulfill the service agreement with the Client, solely for the purpose of executing the contract, processing payments, and providing the agreed-upon services.
  • Consent: By entering into this Agreement, the Client consents to Sucré’s collection, use, and disclosure of personal information as specified in this section and for the purposes outlined above. The Client has the right to withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.
  • Disclosure: Sucré will not disclose personal information to third parties, except as necessary to fulfill the purposes identified in this Agreement, or as required by law.
  • Protection: Sucré takes appropriate measures to ensure the security of personal information against loss, theft, unauthorized access, disclosure, copying, use, or modification.
  • Access and Correction: The Client has the right to access their personal information held by Sucré and to request corrections if necessary. Requests for access or correction should be directed to Sucré’s designated privacy officer at [email protected]

Sucré is dedicated to upholding the highest standards of data privacy and will periodically review and update its policies and practices to ensure the protection of personal information.

6. Delivery and Setup

6.1 Delivery and Setup: Delivery fees are separate unless otherwise stated. Sucré free delivery offer limits the delivery area to 30km from the downtown Pickup location. For distances beyond this, a fee of $0.89/km applies. Deliveries are made to the curbside or lobby only, the driver will not climb any stairs or perform any unit deliveries. The Client is responsible for providing clear delivery instructions and notifying Sucré of any adverse conditions or obstacles that may hinder the delivery and affect the quality of finished cake(s). Once delivered, the Client assumes full responsibility for the cake’s condition. If the Client or a Client-designated representative is responsible for pickup and/or cake setup, the Client assumes all liabilities for the cake once it leaves Sucré possession.

6.2 Outdoor Delivery Disclaimer: Sucré disclaims responsibility for cake condition post-outdoor setup. The Client acknowledges risks associated with outdoor conditions affecting the cake quality. Due to the effects of outdoor weather conditions, table on unlevel ground, wind blowing undesirable atmospheric items (e.g., dirt, leaves, or branches), sunlight, insects and other wildlife, it is understood that products such as icings, fillings, cake decorations, etc, may not hold up and cannot be insured post-delivery.

6.3 Delivery Window and Notification: When delivery times are specified in the order, they are to be considered within a full-day window. Sucré commits to making all reasonable attempts to deliver on time within this window, understanding that certain force majeure events may impact our ability to meet these specific timelines. Sucré will notify the Client when the delivery leaves our facility, notify on arrival, and will wait 10 minutes upon arrival. A pickup occuring more than ten minutes (10) beyond the time of the driver has arrived shall be deemed a “Late Pickup”. If a pickup is missed, the cake will be left with the concierge if permitted; otherwise, a re-delivery fee may apply. Sucré hereby disclaims any guarantee as to the freshness, taste, quality, or the product’s condition in a “Late Pickup” circumstance.

7. Pickup and Handling

7.1 Late Pickup: The Parties acknowledge that Sucré endeavors to ensure the highest quality and freshness of its products by scheduling the baking and preparation of items to align closely with the Client’s specified pickup time. To facilitate this, products are blast chilled for preservation and removed from chilling shortly before the agreed pickup time to optimize quality and travel conditions.

  1. Definition of Late Pickup: Pickup occurring more than forty-five (45) minutes beyond the agreed-upon time shall be deemed “Late Pickup.” Sucré hereby disclaims any guarantee as to the freshness, taste, quality, or the product’s condition for travel beyond this 45-minute grace period.
  2. Notification Requirement: The Client is obligated to inform Sucré as soon as practicable if a delay beyond the grace period is anticipated, allowing Sucré to take reasonable steps to maintain the product’s quality, including, but not limited to, continued chilling of the product.

7.2 Significant Changes to Pickup Time: 

  1. Notification of Changes: The Client shall notify Sucré of any significant alterations to the pickup time well in advance of the originally scheduled time. Sucré’s ability to accommodate such changes is contingent upon existing schedules, commitments to other clients, and operational capabilities.
  2. Consequences of Inability to Accommodate Changes: In instances where Sucré cannot accommodate a revised pickup time due to prior commitments or operational constraints, the following may apply at Sucré’s discretion:
    • The order may be deemed forfeited by the Client without refund.
    • The Client may be required to arrange for immediate pickup of the order at their own expense through a third-party delivery service (e.g., Uber).

The Client acknowledges that these terms are designed to preserve the integrity and quality of Sucré’s products and ensure equitable service to all clients. Compliance with these provisions is essential for the maintenance of quality standards and operational efficiency.

8. Supplementary Provisions

8.1 Photographic Rights: Sucré retains the right to use cake and event photographs for promotional purposes without compensation to the Client.

8.2 Client-Provided and 3rd Party Materials: Sucré occasionally accommodates requests to incorporate client-provided materials, such as toppers, candles, or decorations, into the cake design. These materials may be sourced from third-party vendors (e.g., Amazon) by or on behalf of the Client. While Sucré will make every effort to handle these items with care, including washing, sterilizing, removing sharp edges, or foil wrapping parts inserted into the cake, the following terms apply:

  • Liability Disclaimer: Sucré cannot accept liability for any issues arising from the use of client-provided or third-party materials, including but not limited to, damages, contamination, or injury. The Client assumes all responsibility for the safety, quality, and suitability of these materials.
  • Quality and Aesthetic Considerations: The Client acknowledges that third-party materials may not integrate seamlessly with Sucré’s handmade decorations and designs. Sucré reserves the right to refuse the incorporation of any materials that are deemed unsuitable or that could compromise the integrity or aesthetic of the final product.
  • Pre-Approval Required: All client-provided materials must be submitted to Sucré for pre-approval prior to payment and at least 14 days prior to the event. This allows sufficient time to assess suitability and make necessary preparations.

8.3 Rental Items: Late return of rental items incur a $25 daily late fee, and a minimum of $100 replacement fee, to a maximum of full replacement cost for damaged or unreturned items. All rental items must be returned within seven days from delivery.

8.4 Handling of Leftover Materials: Any custom decorations or unused ingredients that were specifically purchased or prepared for the Client’s order will remain the property of Sucré following the completion of the event. Sucré reserves the right to either discard these materials or retain them for future use at its discretion. The Client acknowledges that no materials will be stored or kept for pickup unless a separate agreement is made in writing prior to the event.

9. Legal and Liability Clauses

9.1 Damage Liability: Sucré is not responsible for any damages caused by third parties. The Client is responsible for ensuring a proper and secure environment for the cake.

9.2 Indemnification: The Client agrees to indemnify Sucré against all liabilities, damages, or costs arising from injuries or damages at the event.

9.3 Force Majeure: Sucré is not liable for failure to perform its obligations under this Agreement due to unforeseen events beyond its control that make it impractical, unsafe, or impossible to fulfill its duties. This includes, but is not limited to, severe weather conditions, natural disasters (e.g., floods, storms), public health emergencies, local regulations or restrictions, venue cancellations, power outages, and transportation-related issues such as traffic delays, road closures, and congestion.

In the event of such occurrences, Sucré will make every reasonable effort to notify the Client promptly and discuss alternative arrangements, which may include rescheduling or modifying service delivery to adapt to the situation. It is understood that delays in transportation or delivery time, resulting from any aforementioned conditions, will not constitute grounds for a refund, cancellation, or discount of the services agreed upon in this Agreement.

9.4 Jurisdiction and Governing Law: This Agreement and any dispute or claim arising out of or in connection with it, its subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties irrevocably agree that the courts of the Province of Ontario shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

9.5 Limitation of Liability: Notwithstanding any other provision in this Agreement, the maximum liability of Sucré under this Agreement for any claim, loss, damage, or expense of any kind, whether based on contract, tort, negligence, strict liability, or otherwise, shall be limited to the total amount paid by the Client for the cake or product under this Agreement. Sucré shall not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of profits, revenue, data, or use, incurred by the Client or any third party, even if Sucré has been advised of the possibility of such damages.

This limitation of liability reflects the parties’ agreement on the risk allocation and payment terms under this Agreement and is an essential element of the bargain between the parties.

9.6 Severability: If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not be affected or impaired thereby. Such illegal, invalid, or unenforceable provision shall be replaced by a mutually acceptable provision, which, being legal, valid, and enforceable, comes closest to the intention of the parties underlying the original provision.

10. Refund Policy

10.1 Non-refundable Products: The Client acknowledges that all products sold by Sucré are perishable and intended for consumption on the day of delivery or pickup. Due to the absence of preservatives and the custom nature of each order, Sucré operates under a strict no-refund policy for all products once they leave the premises of Sucré, either by pickup or delivery.

10.2 Product Quality and Satisfaction: Sucré takes pride in the craftsmanship and quality of its products. Upon receipt, the Client or a designated representative is responsible for inspecting the cake or product to ensure it meets their satisfaction in terms of design, quality, and condition. Any concerns must be reported to Sucré within one (1) hour of pickup or delivery, along with photographic evidence of the product in question. Complaints received after this period will not be eligible for refund or replacement, given the perishable nature of our products.

10.3 Delivery Issues and Re-delivery Policy: If a delivery is missed due to the Client’s unavailability or failure to respond to the driver’s notification, Sucré will leave the cake with the concierge if permitted. If this is not possible, the Client may be subject to a re-delivery fee. The re-delivery fee is applicable under the following circumstances:

  • The Client is not present at the agreed delivery location within the 10-minute waiting period.
  • The concierge does not accept the cake on behalf of the Client.
  • Any additional trips made to the delivery location due to the Client’s failure to receive the cake on the first attempt.

10.4 Cancellation and Order Modifications: As per section 3.3 of this Agreement, orders canceled within 30 days of the event are non-refundable. For orders canceled prior to the 30-day window, only the non-refundable deposit shall be retained by Sucré. Modifications to orders are subject to availability and may incur additional charges, as outlined in section 3.1. Requests for changes must be made in writing and received at least 30 days prior to the delivery date to be considered. Sucré reserves the right to refuse modifications based on timing, complexity, or feasibility.

10.5 Force Majeure: In the event of a force majeure as described in section 9.3, where Sucré is unable to perform its obligations under this Agreement, Sucré will work with the Client to find a suitable solution, which may include rescheduling the order for a future date. However, refunds will not be issued as a result of force majeure events.

10.6 Liability Limitation for Refunds: Should Sucré determine that a refund is warranted under exceptional circumstances, such as failure to meet agreed-upon specifications not related to subjective taste preferences, the refund amount shall not exceed the total amount paid by the Client for the product under this Agreement less any delivery fee components as determined by Sucré included in the final pricing. This limitation is in place to acknowledge the significant time, materials, and labor invested in each order, as well as the perishable nature of our products.

10.7 Finality of Terms: By proceeding with this Agreement, the Client fully understands and agrees to the refund policy as outlined. This policy is integral to the operational viability of Sucré and ensures that we can continue to deliver high-quality, preservative-free products to all our clients. The completion of payment signifies the Client’s acceptance of these terms, without exception.

DISCLAIMER: This Agreement, upon payment by the Client, serves as a binding contract, enforceable to the fullest extent of the law. The Client’s payment signifies agreement to all terms and conditions herein, including Sucré’s right to exercise creative discretion and make necessary changes to the cake design.