Terms of service

1. Online Store Terms

By using this site, you confirm that you are the age of majority in your state or province of residence. If you are not, you confirm that you have given us your consent to allow any of your minor dependents to use this site. You agree not to use our products for any illegal or unauthorized purposes, and in using the Service, you will not violate any laws in your jurisdiction, including copyright laws. Any violation will result in the immediate termination of your Services.

2. General Conditions

We reserve the right to refuse service to anyone at any time, for any reason not prohibited by law. You understand that your content (not including credit card information) may be transferred unencrypted and may involve transmissions over various networks. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission. Headings are for convenience only.

3. Order Accuracy Policy

It is your responsibility to verify all order details before completing a purchase. This includes the product type, size, flavor, design details, pickup or delivery timing, and any dietary or allergen-related information. Once an order is confirmed, changes must be requested within 48 hours. Failure to do so may result in delays, additional fees, or the inability to accommodate changes. The Cupcake Lab is not responsible for errors due to incorrect information provided by the customer.

4. Custom Orders & Rush Fees

All custom orders must be placed at least seven (7) days prior to the desired pickup or delivery date. Orders made within 7 days are considered rush orders and are subject to additional non-refundable rush fees starting at $40. These fees vary depending on complexity, size, and turnaround time.

Payment policies:

• 50% non-refundable deposit required at booking for orders made >7 days in advance.

• Remaining balance due 3 days before pickup/delivery.

• Orders within 7 days require full payment at booking.

Changes to custom orders must be submitted at least 14 days before the scheduled date. Orders submitted within 7 days are final and cannot be modified.

5. Products or Services

We make every effort to accurately represent our products online, but we cannot guarantee screen accuracy. All descriptions, pricing, and availability may change without notice. We reserve the right to limit or discontinue any product at any time. Refunds and exchanges are handled according to our [Refund Policy].

6. Allergen Disclaimer

Our kitchen uses ingredients including milk, eggs, wheat, soy, peanuts, tree nuts (such as almonds, walnuts, and pecans), coconut, and corn. While we take precautions to reduce cross-contact, we cannot guarantee allergen-free products. Customers with food allergies should consult us directly before placing orders. The Cupcake Lab is not liable for allergic reactions.

7. Pickup & Delivery Policy

Orders must be picked up at the scheduled time. Once accepted, items become the customer’s responsibility. We are not liable for damage, mishandling, or exposure to unsuitable conditions after pickup. Missed pickups may result in the order being discarded or donated with no refund issued.

Delivery service is limited and subject to approval. A non-refundable fee applies based on distance, size, and timing. Additional setup requests (e.g., arranging items at an event) must be agreed upon in advance and may incur extra charges.

8. Billing Accuracy

We reserve the right to refuse or cancel any order. This includes limits per person, household, or account. You agree to provide accurate, complete, and current billing information. Suspicious orders may be subject to further review or cancellation.

9. Photography & Marketing

We may photograph our products for promotional purposes and post them on websites, social media, or marketing materials. By placing an order, you agree to this use. Customer names or likenesses will not be used without explicit permission.

10. Quote Validity

All quotes are valid for seven (7) calendar days from the issue date. Orders not confirmed with a deposit during this period are subject to pricing and availability changes.

11. Optional Tools & Third-Party Links

We may provide access to tools or links from third-party providers. These are offered "as is" without warranties or endorsements. You assume all responsibility when engaging with third-party content, websites, or transactions.

12. User Comments

By submitting reviews, feedback, or ideas to us, you grant The Cupcake Lab the right to use and publish such content without obligation or compensation. Comments must not violate rights, be offensive, or contain malware. We reserve the right to remove or edit content at our discretion.

13. Personal Information

All personal data provided to our store is managed under our [Privacy Policy].

14. Errors & Inaccuracies

Occasionally there may be errors or omissions in product descriptions, pricing, or availability. We reserve the right to correct such errors and cancel orders as needed, without notice.

15. Prohibited Uses

Users may not:

• Violate any law

• Infringe rights or impersonate others

• Upload malware

• Collect others’ data

• Harass, discriminate, or defame

• Circumvent security features

Violation may result in denied access and possible legal action.

16. Product Quality Disclaimer

All products are handcrafted, so slight variations in color, shape, or texture are natural. These differences do not indicate product flaws.

17. Limitation of Liability

We are not liable for bodily harm, property damage, or indirect losses related to product use. The Cupcake Lab is a limited liability entity; liability is limited to the assets of the business and does not extend to individual owners or employees.

18. Right to Refuse Service

We reserve the right to refuse service to anyone for lawful reasons, including harassment, policy violations, or inappropriate conduct.

19. Indemnification

You agree to indemnify and hold The Cupcake Lab harmless from any claim or expense arising from your violation of these Terms or the rights of others.

20. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Georgia. Disputes must be resolved in Georgia courts. Both parties waive rights to jury trials. If The Cupcake Lab is the prevailing party, we may recover attorney fees and related costs.

21. Severability

If any provision of these Terms is held unenforceable, the remainder remains in effect. Where possible, unenforceable terms will be replaced with legally valid ones reflecting original intent.

22. Termination

You or we may terminate these Terms at any time. Violations of the Terms may result in denied access. Obligations and liabilities incurred prior to termination remain enforceable.

23. Entire Agreement

These Terms and posted policies constitute the full agreement between you and The Cupcake Lab, superseding prior communications.

24. Changes to Terms

We reserve the right to update these Terms at any time. Continued use of the site after changes constitutes acceptance. You are responsible for reviewing updates regularly.

25. Contact Information

For questions regarding these Terms of Service:

Email: heysmartie@cupcakelabatl.com
Phone: 404-999-0768

Business Hours: Monday–Friday, 9AM–5PM EST