Terms of service
OVERVIEW
This website is operated by Candy's Sweets & Treats LLC, doing business as Candy's Cake Pops (“Candy's Cake Pops,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us,” and “our” refer to Candy's Cake Pops.
By visiting our website, placing an order, or otherwise using our website or services, you agree to be bound by these Terms of Service and any additional policies referenced on our website. If you do not agree to these Terms, please do not use our website or purchase our products.
Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to sell our products and services to you.
1. Online Store Terms
By using this website, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have given permission for your minor dependents to use this website.
You may not use our website or products for any illegal or unauthorized purpose or violate any applicable laws in connection with your use of our website.
We reserve the right to refuse service or cancel an order when reasonably necessary, including in cases of suspected fraud, misuse, pricing errors or violations of these Terms.
2. Products & Availability
Our cake pops, desserts and other products are handcrafted, and many are made fresh to order. Product availability, flavors, colors, designs, packaging and seasonal offerings may change without notice.
Because our products are handmade, slight variations in color, decoration, size, sprinkle placement, edible images and overall appearance may occur. Product photographs are intended to provide an accurate representation of our products; however, individual handmade products may not be identical to photographs shown on our website.
We reserve the right to limit quantities, discontinue products or modify product offerings at any time.
3. Pricing & Payment
Prices are subject to change without notice. We reserve the right to correct pricing, product description or other errors appearing on our website.
If an error affects an order you have already placed, we may contact you regarding the correction or cancel and refund the affected order when appropriate.
You agree to provide current, complete and accurate billing, shipping and contact information when placing an order.
4. Custom & Personalized Orders
Candy's Cake Pops offers custom and personalized products that may incorporate customer-supplied logos, photographs, names, artwork, messages, trademarks or other materials.
By submitting material to us for use on a custom product, you represent that you own the material or have permission and any necessary rights to authorize its reproduction and use for your order.
We reserve the right to decline custom content that we reasonably believe may violate applicable law or the rights of another person or business.
Colors displayed electronically may vary depending on screens, photographs, edible printing and other factors. While we make every reasonable effort to accommodate requested colors and designs, exact color matching cannot be guaranteed.
5. Food Products & Allergens
Our products are food items and may contain or come into contact with common allergens. Customers with food allergies or dietary restrictions should review applicable product information and contact us with questions before ordering.
Products identified as gluten-free, vegan or otherwise made without particular ingredients may be produced in a facility where gluten, dairy, nuts and other allergens are present. We cannot guarantee that cross-contact will not occur.
If you have a severe food allergy, we recommend purchasing from a dedicated certified allergen-free bakery.
6. Shipping & Delivery
Candy's Cake Pops ships orders via FedEx to physical addresses throughout the United States. We do not ship to P.O. boxes.
Each product page includes a delivery calendar showing our currently available delivery dates. We freshly prepare and ship orders with the goal of having them arrive on or approximately 1–2 days before the selected delivery date whenever possible. This additional time provides a buffer for unexpected carrier delays.
Shipping methods selected at checkout refer to estimated transit time after an order has shipped and do not include production time.
While we carefully schedule shipments around requested delivery dates, Candy's Cake Pops cannot guarantee delivery on a specific date or at a specific time, including expedited or overnight shipments. Once a package has been transferred to FedEx, carrier delays, weather disruptions and other circumstances during transit are outside of our control.
Customers are responsible for providing a complete and accurate shipping address.
Additional shipping information is available in our Shipping, Refund & Return Policy.
7. Route Shipping Protection
Route Shipping Protection may be available during checkout for additional protection against eligible shipping-related issues.
Coverage, eligibility and claims are subject to Route's applicable terms and conditions. Candy's Cake Pops does not determine the outcome of claims administered by Route.
We highly recommend shipping protection for time-sensitive, large, custom and gift orders.
8. Local Pickup
Local pickup is available for eligible orders from our bakery in Delray Beach, Florida.
Customers selecting local pickup are responsible for choosing an available pickup date and following the pickup instructions provided with their order.
9. Returns, Refunds & Exchanges
Because our products are perishable food items, we are unable to accept returns or exchanges for food safety reasons. All food sales are final.
If there is a problem with your order, please contact us as soon as possible so we can review the situation and assist where appropriate.
Please refer to our Shipping, Refund & Return Policy for additional information regarding damaged or incorrect orders, shipping issues and other order concerns.
10. Accuracy of Website Information
We make reasonable efforts to ensure that product descriptions, pricing, availability and other information appearing on our website are accurate.
Occasionally, information may contain typographical errors, inaccuracies or omissions. We reserve the right to correct errors, update information or cancel an affected order when necessary.
11. Intellectual Property
Unless otherwise indicated, content on this website—including text, product photography, graphics, logos, designs and other original content—is owned by or licensed to Candy's Cake Pops and is protected by applicable intellectual property laws.
Website content may not be copied, reproduced, distributed, sold or commercially exploited without our written permission.
12. Customer Reviews, Comments & Submissions
If you submit reviews, comments, photographs, feedback or other content to us, you represent that you have the right to submit that material and that it does not violate the rights of another party.
We may use customer reviews, feedback and other voluntarily submitted content in connection with operating and promoting our business where permitted by applicable law and applicable platform terms.
13. Third-Party Services & Links
Our website may use or provide access to third-party services, including payment processors, shipping providers, shipping protection services, marketing platforms, social media platforms and other technology providers.
Your use of third-party services may also be subject to the terms and privacy policies of those providers.
We are not responsible for the content, policies or practices of third-party websites that we do not operate.
14. Privacy
Our collection and use of personal information is described in our Privacy Policy.
By using our website, you acknowledge that personal information may be processed as described in our Privacy Policy and as permitted by applicable law.
15. Prohibited Uses
You may not use our website to engage in unlawful activity, violate intellectual property or privacy rights, transmit malicious software, attempt unauthorized access to our systems, unlawfully collect information about others, interfere with website security or otherwise misuse our website or services.
We reserve the right to restrict or terminate access to our website for violations of these Terms.
16. Disclaimer & Limitation of Liability
To the fullest extent permitted by applicable law, Candy's Cake Pops does not guarantee that access to our website will always be uninterrupted, secure or error-free.
To the fullest extent permitted by applicable law, Candy's Cake Pops and its owners, employees, affiliates and service providers will not be liable for indirect, incidental, special or consequential damages arising from the use of our website or products.
Nothing in these Terms is intended to exclude or limit rights or remedies that cannot legally be excluded or limited under applicable law.
17. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Candy's Cake Pops, its owners, employees, affiliates and service providers from claims arising from your violation of these Terms, misuse of our website or infringement of another party's rights.
18. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.
19. Changes to These Terms
We may update these Terms periodically to reflect changes to our website, services, business practices or applicable requirements.
The current version will be posted on this page with an updated “Last Updated” date.
20. Governing Law
These Terms and your use of our website will be governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.
21. Contact Information
Questions regarding these Terms of Service may be sent to:
Candy's Sweets & Treats LLC
d/b/a Candy's Cake Pops
1405 N Congress Avenue, Unit #12
Delray Beach, FL 33445
Email: info@cakepops.com