ECBG, LLC CAKE SHOP ORDER TERMS & CONDITIONS
Your order from the ECBG, LLC (”ECBG”) Cake Shop is subject to the following Terms and Conditions. Please read them carefully. By placing your order, you accept these Terms and Conditions.
Order placement; cancelation. Cake shop orders may be placed online through our website; phone orders are not accepted. Orders must be placed at least 4 calendar days before your event. Orders are not considered accepted until paid in full. Orders are non-refundable.
Payment. Orders must be paid in full at checkout.
Delivery. Delivery is available for an additional charge which ECBG will determine. The delivery charge will be added to your order when you place your order. ECBG is not responsible for failure of delivery caused by circumstances beyond its control, including without limitation, accidents, natural disasters, weather, illness or death, or labor disputes.
Buttercream. All Signature Cakes (unless otherwise noted) are frosted with our vanilla Italian Meringue buttercream. Our buttercream is very subtly sweet. The natural color of our buttercream is a softer, off-white and not a bright white.
Damage. ECBG is not responsible for damage to the cake after it is picked or or delivered. Cakes are heavy and require a secure, sturdy table and suitable temperature. Cake pick up times are Wednesdays-Saturdays between 11am and 1pm. *Subject to change. You assume all responsibility for the cake once you pick it up.
Design/Decoration. Certain designs and colors may vary and are subject to the decorator’s discretion, ability and style. We cannot duplicate an exact copy of another cake or artist’s work.
Use of Cake Design. ECBG reserves the right to use any photos or media of your cake on its website and in any advertising or marketing/promotional materials without compensation to you.
Non-edible components; allergens. Your cake may contain non-edible items. We will tell you which items cannot be eaten. It is your responsibility to remove these items before serving the cake. We are not a certified gluten-free or certified vegan facility. Our cakes may contain or come in contact with ingredients which some people are allergic to including, without limitation, milk, wheat, nuts, soy, or other allergens. You agree to notify all who may eat the cake of this risk and defend, indemnify and hold ECBG harmless in the event any person who eats the cake has an adverse reaction.
Miscellaneous.
(a) Damage waiver; Indemnification. Neither ECBG nor its members, managers, officers, employees, or agents may be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the work performed by ECBG or products prepared for you by ECBG. You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless ECBG and its members, managers, officers, employees, and agents, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or arising out of any of your acts or omissions. These obligations shall survive ECBG’s completion of your order for all purposes.
(b) Severability. In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
(c) No waiver. The failure of ECBG to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between you and ECBG and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
(d) Venue; Jurisdiction; Attorney’s fees. These Terms and Conditions shall be governed by and construed in accordance with the laws of Illinois. In the event of any litigation to enforce or interpret these Terms and Conditions, the only proper venue shall be the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, and each party hereby consents to the jurisdiction of that court. If ECBG retains the services of an attorney to collect payment due, ECBG shall be entitled to recover from you its reasonable attorney’s fees and costs even if ECBG does not initiate litigation. In the event of litigation to enforce or interpret these Terms and Conditions, ECBG shall be entitled to recover from you its reasonable attorney’s fees and costs in addition to any other remedy available to ECBG at law or equity.