1. Definitions

1.1 Customers are referred to as “you” or “your”. Melissa Flaherty Cakes is referred to as “we”, “us”, “our”

2. Contact & Company Details

Melissa Flaherty Cakes

61 Arland Drive

Southbridge, MA 01550

Phone: 774-230-7662

Email: melissaflahertycakes@yahoo.com

3. General

3.1 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect from when they are posted on the website and it is your responsibility to read the Terms and Conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.

3.2 The contract between us shall be governed by the Laws of Massachusetts and any dispute between us will be resolved exclusively in the courts of Massachusetts. English is the only language offered for the conclusion of the contract.

3.3 When you place an order we collect certain personal and transactional information (e.g. name, address, email address).

4. Ordering

4.1 All orders must be made online on this website and are subject to these Terms and Conditions.

4.2 Acceptance of order and completion of the contract is made once the order is confirmed by us in writing (by email) and payment has been made in full. English is the only language offered for the conclusion of the contract.

4.3 We reserve the right not to accept any order due to one or more of the following:

• 4.3.1 The product is out of stock.
• 4.3.2 Payment has not been authorized.
• 4.3.3 Unexpected limits on our resources which we could not reasonably plan for.
• 4.3.4 We cannot meet a deadline you have specified.
• 4.3.5 Technical failure of the website.

4.4 All products are subject to availability. In the unlikely event that we are unable to supply you with your request, we will notify you as soon as possible.

4.5 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.6 On occasion the product specification may change. If this does happen, we will do our best to contact you to offer you a substitute item of the same or better quality, at the same price. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable item.

4.7 Please make sure to thoroughly read our Dietary &  Allergen Guide and product information for any allergy concerns before ordering. 

4.8 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

4.9 Products may vary slightly from their pictures: All our cakes, cookies and desserts are freshly baked and crafted by hand.  As such, slight variations from the original website image may occur..  The images of all products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

4.10 Making changes to your product (made-to-order cakes).  If you wish to make a change to the product you have ordered please contact us as soon as you can and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.

4.11 We reserve the right to make minor changes to the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

5. Risk

5.1 Risk of damage or loss to the goods supplied passes to you from the time we deliver the product to the address you gave us or you or a carrier organized by you collected it from us. We cannot accept any claim for damage, loss or deterioration after the delivery has been made. Please read the storage and handling instructions carefully upon receipt of your order.

6. Delivery & Collection

Cakes, Cupcakes and Confectionery 

6.1 Freshly baked, made-to-order cakes, cookies and desserts are available for delivery within Central Massachusetts. Delivery to one of our pre-approved zip codes is $0.75/mile from our home studio. We will contact you with a quotation for your approval

6.2 For larger orders that exceed our regular capacity we reserve the right to charge extra.

6.3 Delivery dates and time slots are limited and can be selected when checking out in the online shop.  Customers are required to provide clear delivery instructions, a contact name and telephone number for our delivery driver.  If for any reason, the delivery cannot be accepted during the agreed time slot and location, we will take your order back and retain it for the next 24 hours during which time you can call us on 774-230-7662 to request redelivery at an additional charge or to arrange personal collection from our home studio. 

6.4 If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and do not accept any claim for a refund or replacement.

6.5 Collections can be made from the Melissa Flaherty Cakes home studio in Southbridge, MA.  Simply select a date and time for collection when checking-out in the online shop.  If, for any reason you are running late or are not able to collect as planned, please call us on 774-230-7662 to let us know. 

6.6 Customers, or their dedicated carrier, are required to provide a valid order confirmation number and sign a disclaimer upon collection to confirm that the order has been received in good condition. Whilst we will provide the customer with correct handling and storage instructions with each order, once collected, the responsibility for any damage through transportation lies with the customer. Due to the fresh and fragile nature of our cakes, we strongly advise against collections by bike and recommend that journeys should take no longer than 30 minutes, especially during warm weather. For more details and advice on how to handle fresh, delicate and perishable products, such as our cakes and cupcakes, please see our Product Information. 

6.7 Should for any reason an order not be collected in time, we will retain it for 24 hours to allow you sufficient time to call our customer service team on 774-230-7662 to re-arrange a new time for collection.  Please note that we do not offer refunds or replacements for orders that have not been collected within 24 hours after the agreed date and time.

7. Payment & Prices

7.1 Payment must be made when placing the order. This also applies to any pre-ordered items.

7.2 We accept payment by Visa, MasterCard, and American Express. 

7.3 When using the card you confirm that you are the cardholder or have permission to make payment with the card by the cardholder.

7.4.The price you will be charged is the price stated on the website at the time we receive your order.

7.5 Please make sure you receive a receipt of payment via email as well as a confirmation of your order. Failure of either to arrive might indicate that the order has not gone through successfully. 

7.6 We reserve the right to change prices at any time. We reserve the right to amend prices at any time at our discretion before, but not after, we accept orders.

8. Cancellations

8.1 You can always cancel your order with us.  Your rights when you cancel your order will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to cancel your order:

(a) If the product you have bought is faulty or misdescribed you may have a legal right to cancel the order (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back)

8.2 You may cancel your order because of something we have done or are going to do and we will refund you in full for any products which have not been provided with. The reasons are:

(a) there is a risk that supply of the products may be significantly delayed because of events outside our control

(b) you have a legal right to cancel the order because of something we have done wrong

8.3 Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. 

8.4 When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of:

(a) perishable items or items that reduce in value once handled.  This includes any food products, including cakes and cupcakes.     

     HOWEVER, we do offer a goodwill cancellation basis for these products where certain requirements are met (see clause 8.5) 

(b) made-to-order or customized products which may include special editions

(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them

Fresh made-to-order cakes, cupcakes & confectionery

8.5 If you wish to cancel your cake order you must give us the following minimum notice to qualify for a credit or refund:

(a) 6-inch layer cakes and cupcakes: 3 days before delivery or collection

(b) All personalized decorations, cakes larger than 6-inches, or any other cakes and cupcakes from our birthday and special occasion collections: 5 days before delivery or collection.