Welcome to Overflow Cakes and Co ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By placing an order, browsing our site, or communicating with us, you agree to these Terms.
1. About Us
Overflow Cakes and Co is a custom bakery offering cakes, desserts, and related baked goods for personal events, celebrations, and businesses. Our products are prepared at 788 West Marietta St NW, Atlanta, Georgia 30318.
2. Orders and Acceptance
All orders must be placed through our website, by phone, by email, or in person.
An order is not confirmed until payment (or required deposit) is received and we send written confirmation.
We reserve the right to refuse or cancel any order at our discretion, including for design requests we cannot fulfill, scheduling conflicts, or non-payment.
Custom orders typically require a minimum of [insert lead time, e.g., 7 days] advance notice. Rush orders may incur additional fees.
3. Pricing and Payment
All prices are listed in U.S. Dollars (USD) and are subject to change without notice.
Custom cake pricing is based on size, design complexity, ingredients, and labor.
A non-refundable deposit of 50% is required to secure your order date. Final payment is due 2 days before pickup/delivery.
We accept payment through our authorized payment processors. By submitting payment, you confirm you are authorized to use the payment method provided.
4. Cancellations, Changes, and Refunds
Cancellations made morethan 14 days before the event date may be eligible for a refund of any payments beyond the non-refundable deposit.
Cancellations made less than 5 days before the event date are non-refundable.
Design or order changes must be requested in writing at least 14 days prior to the event and are subject to approval and possible price adjustment.
Once a cake has been delivered or picked up, all sales are final.
5. Pickup and Delivery
Pickup times and delivery windows are confirmed in writing. We are not responsible for orders not picked up at the agreed time.
Delivery fees are calculated based on distance and order size and will be quoted prior to confirmation.
Once a cake leaves our possession or is handed off to the customer or their representative, Overflow Cakes and Co is not responsible for damage caused by transport, handling, temperature, weather, or improper storage.
6. Allergens and Dietary Disclaimers
Our kitchen handles common allergens including, but not limited to: wheat, eggs, dairy, soy, peanuts, and tree nuts. We cannot guarantee that any product is free from cross-contamination.
Customers with food allergies or dietary restrictions assume all risk associated with consuming our products.
It is the customer's responsibility to inform guests of potential allergens prior to consumption.
7. Custom Designs and Approvals
Custom cakes are handcrafted, and minor variations from reference images or sketches are normal and expected.
Color, size, and finish may vary slightly due to the nature of edible ingredients.
Customers are responsible for reviewing and approving the final design details (flavor, size, colors, message, dietary specifications) before production begins. Once approved, design changes may not be possible.
8. Intellectual Property
All photographs, designs, recipes, branding, and content on our website and social media are the property of Overflow Cakes and Co and may not be copied, reproduced, or used without written permission.
We reserve the right to photograph any cake we create and use those photos for marketing, social media, portfolio, and promotional purposes unless the customer requests otherwise in writing prior to the event.
If you submit a reference image of another artist's work, you confirm you have the right to do so. We may modify the design to ensure originality.
9. Customer Conduct
You agree not to:
Use our website or services for any unlawful purpose
Submit false, misleading, or fraudulent information
Harass, abuse, or threaten our staff or representatives
Attempt to interfere with or disrupt our website's security or operations
We reserve the right to refuse service to anyone for any lawful reason.
10. Limitation of Liability
To the fullest extent permitted by law, Overflow Cakes and Co shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of our products or services, including but not limited to allergic reactions, transport damage, event delays, or dissatisfaction with custom design outcomes that were approved in advance.
Our total liability for any claim related to an order shall not exceed the amount paid for that specific order.
11. Communications and SMS
By providing your phone number and opting in, you agree to receive text messages from Overflow Cakes and Co regarding your orders and, if opted in, occasional promotional messages. Standard message and data rates may apply. Reply STOP to opt out at any time, or HELP for support. Full details are in our Privacy Policy.
12. Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Fulton County, Georgia.
13. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes are effective immediately upon posting, with the updated Effective Date listed above. Continued use of our services after changes are posted constitutes your acceptance of the revised Terms.
14. Contact Us
If you have any questions about these Terms of Service, please contact us:
