Please read these Terms and Conditions of Usage (“Terms and Conditions”) carefully before signing up for any services or products through www.amyscupcakeshoppe.com (“Website”) and before using and working with Amy’s Cupcake Shoppe, LLC (“Amy’s Cupcake Shoppe”, “us”, “we”, or “our”). 

USE OF THIS WEBSITE. By using or interacting with Amy’s Cupcake Shoppe through this Website or with any tools, websites, applications or other electronic destinations accessible through this Website or Amy’s Cupcake Shoppe itself, You are agreeing to all of the provisions of these Terms and Conditions and the terms of service or terms and conditions of any of the tools, websites, applications or other electronic destinations You access through this Website. 

IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. 

UPDATED TERMS AND CONDITIONS.  These Terms and Conditions may be updated from time to time, at Amy’s Cupcake Shoppe’s sole discretion. It is Your responsibility, as the viewer or Customer, to check these Terms and Conditions regularly to see if any may have changed, and to alert Amy’s Cupcake Shoppe if You do not agree with the changes that have been made. 

Terms and Conditions

 These Terms and Conditions are between Amy’s Cupcake Shoppe and You for online ordering. By using our site and placing an order with Amy’s, you are accepting these Terms & Conditions. PLEASE READ THESE TERMS & CONDITIONS BEFORE USING THE SITE OR PLACING AN ORDER. This Agreement is intended to ensure that your treats will be made, designed, and delivered according to your specifications.

ORDERS. By completing and submitting an electronic order form, you are making an offer to purchase Amy’s Cupcake Shoppe’s goods. Please note that products will not be confirmed until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.

All cake orders must be placed at least 3 weeks before the date needed. 

All cupcake and macaron orders must be placed at least 2 weeks before the date needed.

Pictures of products are for presentation only. The ordered products may have differences (for example, color, form, etc.), which you expressly understand and accept.

ORDER CANCELLATION. Once an online order is placed it may only be modified or cancelled by calling Amy’s Cupcake Shoppe. Cancellation is subject to Amy’s Cupcake Shoppe’s sole discretion. 

DEPOSIT. Your date is reserved and your order is confirmed only upon execution of this Agreement and when Amy’s Cupcake Shoppe receives your non-refundable deposit, equal to 50% of the invoice cost for all orders over $300.00. The deposit is due within 14 days of ordering via our website. If the order is for an amount less than $300.00, the Customer will pay in full upon ordering. Any remaining balance is due 5 business days before your order due date. If payment is not received, Amy’s Cupcake Shoppe reserves the right to refuse your order. 

REFUNDS. Refunds will only be made if Amy’s Cupcake Shoppe is not able to deliver the product (such as because of irreparable damage during transit). If that should happen, you agree that your sole remedy will be a return of the amount you have paid for the product and an additional $100, if and only if, we are not able to provide a suitable replacement by industry standards, at Amy’s Cupcake Shoppe’s sole discretion; if, for example, your product is damaged in transit by us and we are able to provide a replacement that is close to, but not exactly the same as the final product, you agree to accept the order as fulfilled and understand that you are not entitled to any refund. We are not responsible for shipping delays due to weather, mechanical error, strikes, natural disasters, government restrictions, inaccurate shipping information or other circumstances beyond our control, and, therefore, we are not able to offer refunds for those reasons. 

CHANGES. Changes (e.g. design, guest count, flavors, colors, etc.) may need to be made 2 weeks prior to Your event, depending on the order. Please check with Amy’s Cupcake Shoppe if you anticipate any changes to receive input on the timing of changes for Your particular order. Changes may result in an increase in total cost, at Amy’s Cupcake Shoppe’s sole discretion. Any additional charges incurred from a change will be invoiced and due with the final payment.

RELEASE OF LIABILITY. Product design is a creative and organized process. Amy’s Cupcake Shoppe will do its best to create your selected design as closely as possible but cannot guarantee duplication of sketches given to it. Amy’s Cupcake Shoppe will make every possible effort to create your product and if it is delivering the product, to do so safely. If it is delivering and setting up your product, once that is complete, Amy’s Cupcake Shoppe has no responsibility for your guests’, florist’s, caterer’s, or any other person’s acts with regard to your product, or any property damage or injury that occurs as a result of our services and/or provision of your product. High temperatures can adversely affect your product. If working with a venue for any type of event that you are hosting, it is your responsibility to arrange with the venue, an appropriate spot to store the product, out of direct sunlight and away from unnecessary heat. 

Amy’s Cupcake Shoppe products may contain or come into contact with milk, wheat, nuts, soy, and other allergens. Before you place an order, you agree to notify Amy’s Cupcake Shoppe of any known allergies, although it cannot guarantee that there will not be cross-contamination with other products. Amy’s Cupcake Shoppe makes no complete warranties or disclaimers as to the nutritional nature of the foods, including gluten and dairy-free, given the kitchen is used for all products. You also agree to notify your guests of this risk and hold Amy’s Cupcake Shoppe harmless for allergic reactions, food-borne illnesses or other related injuries claimed to have resulted from eating our products.

ABSENT ITS WILLFUL OR INTENTIONAL MISCONDUCT, AMY’S CUPCAKE SHOPPE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RESULTING FROM THE SERVICES OR PRODUCTS THAT IT PROVIDES YOU.  YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT YOU ARE ENTITLED TO, IN ANY CLAIM AGAINST AMY’S CUPCAKE SHOPPE, ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS IT PROVIDES YOU, WILL NOT EXCEED THE AMOUNT OF MONEY THAT YOU HAVE PAID IT FOR THE SERVICES OR PRODUCTS. 

WARRANTY. Any products provided through the online ordering application are done so on an "as is" and "if available" basis.  Amy’s Cupcake Shoppe expressly excludes any warranties, conditions, representations or other terms with respect to online ordering or the content or products displayed on its website and delivered to you. Amy’s Cupcake Shoppe expressly excludes the implied warranties of merchantability and fitness for a particular purpose, unless expressly stated to the contrary.

PHOTOGRAPHS. Amy’s Cupcake Shoppe reserves the right to photograph your product for its own reference, display, and promotional advertising, with no compensation to you. 

SKETCHES. If you request a sketch of the product design, Amy’s Cupcake Shoppe will provide up to 2 complimentary revisions of the initial sketch. If any additional revisions are requested, each will be billed at $50.00 per revision. You must sign and approve the final sketch before Amy’s Cupcake Shoppe will begin creating.

PICK-UP. Should you choose to pick up your product, Amy’s Cupcake Shoppe shall not be responsible for damage incurred once the product is in your physical possession.

DELIVERY. Delivery is available for an additional fee; the cost will vary depending on the delivery location. If Amy’s Cupcake Shoppe is not delivering your order personally, it is not liable for any damages which may occur during the transportation and delivery of your product. We make every effort to protect your product from damage, but Amy’s cannot guarantee safe transportation. Your claim for any damage is against the delivery service, not against Amy’s Cupcake Shoppe.

WEBSITE AND ONLINE ORDERING. You shall not modify or adapt Amy’s Cupcake Shoppe site, or otherwise attempt to gain unauthorized access to the site or its related systems or networks. You should take appropriate steps to verify and double-check all online ordering information before submitting an order. You are responsible for paying for what you order. 

INTELLECTUAL PROPERTY. This Website, its contents, services and products offered through it or listed on it, are owned by or licensed to Amy’s Cupcake Shoppe. Users have no legal rights to the Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and either trademarked or copyrighted. If You should wish to use any of the information contained on the Website, please first contact Amy’s Cupcake Shoppe by email.

ELECTRONIC COMMUNICATIONS. Visiting www.amyscupcakeshoppe.com or sending emails to Amy’s Cupcake Shoppe constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and through or on the Website, satisfy any legal requirement that such communications be in writing.

MODIFICATIONS. Any modification or amendment to these Terms and Conditions requires the sole consent of Amy’s Cupcake Shoppe and may be signified by a notice posted to the Website that the terms have been updated or a new “last updated date” denoted at the top of these Terms and Conditions. If there is a particular situation in which the Terms and Conditions need to be modified for any one individual, the request must be emailed to Amy’s Cupcake Shoppe and it will be considered; in such an instance, the Parties may modify or amend these Terms by way of email, so long as all Parties provide proper acknowledgement of receipt of the email and indicate their acceptance of the revised terms by way of an electronic signature in the following form: “/s/ Party Name”. Email modifications shall not become binding until all Parties have complied with these requirements. 

NOTICES. Any notice or official communication to You, provided for in these Terms and Conditions, shall be via email, to the address You provided in Your submission details. 

CONTROLLING LAW; JURISDICTION. The validity, construction and enforceability of these Terms and Conditions shall be governed in all respects by the laws of the State of Minnesota, and the Parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts serving Hennepin County, Minnesota. 

DISPUTE RESOLUTION. Any dispute or claim arising under or in any way related to these Terms and Conditions, with the exception of recovery by Amy’s Cupcake Shoppe of any unpaid Fees or unreimbursed expenses from You (which may be recovered by Amy’s Cupcake Shoppe via collections, small claims court action, or any other legal remedy available to Amy’s Cupcake Shoppe), shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. (Both Parties would have to agree to arbitration.) The Parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Hennepin County, Minnesota. All Parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same, and the Parties may then proceed to seek an alternative form of resolution of the dispute or claim. 

SEVERABILITY. If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 

ASSIGNABILITY AND PARTIES OF INTEREST. Amy’s Cupcake Shoppe alone may assign, directly or indirectly, all or part of its rights or obligations under these Terms and Conditions without Your consent. Nothing in these Terms and Conditions, express or implied, will confer upon any person or entity not an authorized assignee to these Terms and Conditions, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms and Conditions, except as expressly provided in herein. 

ENTIRE AGREEMENT. These Terms and Conditions constitute the entire agreement between the Parties and supersede all prior agreements whether oral or written concerning the subject matter of these Terms and Conditions.

By using this Website or registering for services or products through this Website, You are agreeing to these Terms and Conditions.