Terms & Conditions — Overflow Cakes & Co.

Terms & Conditions

Effective: May 2025  ·  Last Updated: May 2025  ·  Overflow Cakes & Co.  ·  overflowcakes.com

Welcome to Overflow Cakes & Co. By placing an order with us or using overflowcakes.com, you agree to these Terms & Conditions. Please read them carefully.

1. Business Information

  • Business Name: Overflow Cakes & Co.
  • Owner: Nimalu Pierre
  • Address: 788 West Marietta St NW, Atlanta, Georgia 30318, U.S.A.
  • Phone: +1 470-408-3970
  • Email: [email protected]

By engaging our services, you confirm you are at least 18 years of age and legally capable of entering a contract under the laws of the State of Georgia, U.S.A.

2. SMS Messaging Program

Overflow Cakes & Co. operates an SMS messaging program to communicate with customers who have provided express written consent. By opting in, you agree to receive text messages as described below.

Message Types:

  • Transactional Messages: Order confirmations, status updates, pickup/delivery reminders, and other communications directly related to your enquiry or order with Overflow Cakes & Co.
  • Marketing Messages: Promotional offers, seasonal specials, discounts, and new product announcements — sent only if you separately opted in to marketing communications.

Message Frequency: Message frequency may vary based on your order activity and the communication preferences you selected.

Message & Data Rates: Message and data rates may apply. These charges are billed by your mobile carrier and are your responsibility.

To Opt Out (STOP): You may cancel SMS messages at any time by replying STOP to any text message from us. After sending STOP, you will receive a one-time confirmation message and no further messages will be sent, except as required by law.

For Support (HELP): Reply HELP to any message for assistance, or contact us directly at [email protected] or +1 470-408-3970.

Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages. Overflow Cakes & Co. is not responsible for any delays or failures in the delivery of SMS messages caused by your mobile carrier or network.

For full details on how we handle your SMS consent data, see our Privacy Policy.

3. Orders & Booking

  • Minimum advance notice: 5–7 days for standard cakes; 2–4 weeks for custom or wedding cakes.
  • Orders are confirmed only upon receipt of a deposit payment and our written confirmation via email or text message.
  • We reserve the right to decline any order at our sole discretion.
  • All design details, flavours, sizes, and event dates must be finalized at booking confirmation. Changes are subject to availability and may incur additional charges.

4. Pricing & Payment

  • All prices are quoted in U.S. Dollars (USD) unless otherwise stated.
  • A non-refundable deposit of 50% of the total order value is required to secure your order slot.
  • The remaining balance must be paid in full at least 48 hours before the agreed pickup or delivery date.
  • Quoted prices are valid for 7 days from the date of enquiry and are subject to change without prior notice.

5. Cancellation & Refund Policy

  • All deposits are strictly non-refundable under any circumstances.
  • Cancellations more than 7 days before the event: deposit is forfeited; no further charges apply.
  • Cancellations within 7 days of the event: the full order amount becomes due and non-refundable, as materials and labor will have been committed.
  • If we are unable to fulfill your order due to circumstances on our end, a full refund including the deposit will be issued.
  • Applicable refunds will be processed within 7–14 business days via the original payment method.

6. Delivery & Pickup

  • Pickup is available at 788 West Marietta St NW, Atlanta, Georgia 30318. We will confirm your pickup time upon order confirmation.
  • Local delivery may be available within the Atlanta metro area. Delivery fees vary by distance and are quoted separately.
  • Once the order leaves our possession upon delivery or client pickup, we are not responsible for damage caused by improper handling, transportation, refrigeration, or storage.
  • Please inspect your order at pickup and raise any concerns immediately — we cannot accept complaints after the order has left our premises.

7. Custom Design & Likeness

  • We do our best to match your design requests; however, as all cakes are handcrafted, exact replicas of reference images cannot be guaranteed.
  • Slight variations in color, decoration, piping, or finish may occur due to the handmade nature of our products.
  • We reserve the right to decline design requests we consider offensive, harmful, or outside our technical capabilities.

8. Allergens & Dietary Requirements

  • Our kitchen handles common allergens including wheat/gluten, dairy, eggs, tree nuts, peanuts, and soy.
  • We cannot guarantee any product is entirely free from allergen traces. Customers with severe allergies should exercise caution.
  • It is the customer's sole responsibility to disclose all dietary requirements and allergies at the time of ordering. We accept no liability for adverse reactions where allergens were not disclosed in advance.

9. Intellectual Property

All content on overflowcakes.com — including photographs, designs, graphics, text, and branding — is the exclusive property of Overflow Cakes & Co. and Nimalu Pierre. No content may be reproduced, distributed, or used commercially without prior written consent. We may photograph and share completed cakes on our social media platforms. If you prefer we do not share images of your order, please notify us in writing at the time of booking.

10. Privacy & Data Protection

We handle your personal data in accordance with applicable U.S. federal and Georgia state privacy laws, including the TCPA and CAN-SPAM Act. By submitting an order enquiry and opting in to SMS communications, you confirm your agreement to our data practices as described in our Privacy Policy. SMS opt-in data is never shared with third parties for marketing purposes.

11. Limitation of Liability

Our total liability in connection with any order shall not exceed the total amount paid by you for that specific order. To the fullest extent permitted by Georgia law, we are not liable for any indirect, incidental, special, or consequential losses, including loss of enjoyment of an event, arising from any failure related to your order. Carriers are not liable for delayed or undelivered SMS messages.

12. Governing Law & Dispute Resolution

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without regard to conflict-of-law principles. In the event of a dispute, both parties agree to first seek resolution through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration or the appropriate courts of Fulton County, Georgia.

13. Consumer Rights

Nothing in these Terms limits any rights you may have under applicable U.S. federal consumer protection law or the Georgia Fair Business Practices Act (O.C.G.A. § 10-1-390 et seq.).

14. Amendments

We reserve the right to update these Terms & Conditions at any time. The version in effect at the time of your order applies to that order. Continued use of our services after updates are posted constitutes acceptance of the revised terms.

15. Contact