1. Definitions

“ABARCA’S Cakes” is referred to as “us,” “our,” or “we.” Our guests, clients, or customers are referred to as “you” or “your.”

2. Agreement Between User and www.abarcascakes.com

By using www.abarcascakes.com, you agree to these Terms and Conditions. Please read these terms carefully before using our site. It is your responsibility to check for updates each time you visit. The most current version of these Terms will supersede all prior versions.

The Terms and Conditions are available at any time by clicking the link in the website footer.

3. Company Details

ABARCA’S Cakes
At-home online cottage foods bakery in Woodstock, GA 30189
Email: info@abarcascakes.com

We are a registered business in the state of Georgia, USA, and operate under the Cottage Foods Law.
Cottage Foods License Number: 4824031

www.abarcascakes.com is an e-commerce site offering baked goods, custom cakes, and event accessories.

4. Privacy

By using www.abarcascakes.com, you agree to the terms of our Privacy Policy. Please review our Privacy Policy, which governs your use of our site and outlines our data collection practices. We respect your privacy and are committed to protecting your information.

5. Electronic Communications

By visiting www.abarcascakes.com or sending emails to ABARCA’S Cakes, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Children Under Thirteen

ABARCA’S Cakes does not knowingly collect personal information from children under the age of thirteen. If you are under 13, you may browse our site only with the permission of a parent or guardian.

7. Purchasing of Contents on the Website

You must be at least 18 years old to make a purchase or enter into legally binding contracts with us. If you are under 18, you must not place an order or register on our site.

8. Refund Policy

8.1 Edible or Perishable Items
Due to the nature of our products and in compliance with Georgia’s Cottage Food Law, we cannot accept returns or exchanges on any edible or perishable items (cakes, cupcakes, truffles, or custom cake orders). These items are made-to-order and cannot be resold or reused, and as such, they are final sale with no refunds issued.

8.2 Add-ons and Custom Items
Add-ons and custom-made products are non-refundable and non-exchangeable. Please ensure that you are confident in your choices before placing an order. If you require a change to a customization, please contact us at order@abarcascakes.com before 8 a.m. on the next business day. Once production starts, changes or refunds cannot be made.

9. Cancellations/Termination of Contract

9.1 Order Cancellations
Due to the custom and perishable nature of our products, and in compliance with Georgia’s Cottage Food Law, we cannot accept cancellations for orders placed on our website or through booking contracts. All items, whether perishable or non-perishable, are custom-made upon payment. Therefore, once your order is in production, cancellations are not possible.

Exception: Non-perishable items from our add-ons can be canceled by emailing order@abarcascakes.com before 8 a.m. on the next business day after placing your order.

9.2 Custom Cakes
Custom cake orders require you to sign a contract and agree to these Terms & Conditions, along with our specific Custom Cakes Terms, which we provide at the time of booking.

Custom Cakes Cancellation Policy:

1. A 50% non-refundable deposit is required at the time of booking. The remaining balance is due two weeks before the event.
2. For last-minute orders (orders placed within two weeks of your event), a full non-refundable payment is required at the time of booking.
3. Due to the nature of custom and perishable cakes, we are unable to resell or reuse any part of your custom order once production has started. Therefore, cancellations after the order is in production are not possible.
4. If you need to reschedule due to unforeseen circumstances (e.g., acts of God, accidents), we will work with you to reschedule your cake for a future date, subject to our availability. The original deposit will not be refunded.
5. Orders cannot be canceled or refunded if requested within 2 weeks of your event after full payment has been made.
6. Please ensure you fully understand this policy before booking your custom cake. Thank you for your understanding and cooperation.

9.3 Custom Cake Design Fee

To initiate the design process for custom cakes, a $50 design deposit is required. This deposit is non-refundable and non-transferable but will be credited toward the total cost of your custom cake if you choose to proceed with your booking.

Please note that the design remains the intellectual property of ABARCA’S Cakes. If you decide not to move forward with the booking, the design is not transferable to another baker, and you will not be entitled to use the design elsewhere.

By paying the design fee, you are committing to the design process, and this deposit will not be refunded should you choose not to proceed with your order. Please ensure that you are fully committed before submitting the design fee.

10. Placing an Order

10.1 Order Process
All orders, including add-ons, must be placed online through this website and are subject to these Terms and Conditions. Custom cake orders are additionally bound by a separate contract that you will sign when booking.

10.2 Minimum Order for Delivery
A minimum order of $25 worth of tangible items is required for delivery. Non-tangible items, such as tutorials, are delivered via email and do not fall under this category.

10.3 Order Acceptance and Cancellations
We reserve the right to cancel or refuse orders for the following reasons:

1. Acts of God, public health crises, civil disturbances, or other events beyond our control.
2. Payment failure or unauthorized payment. If payment fails, we will reach out for resolution, and if we do not hear from you within one business day, the order will be canceled.
3. Product is out of stock or unavailable.
4. Website technical failure.
5. The customer is under 18 years of age.
6. Errors in pricing or product descriptions.
7. Insufficient or incorrect delivery information.
8. Unexpected supply shortages beyond our control.

10.4 Product Representations
The images on our website are for illustrative purposes only. Due to differences in lighting environment, screen settings, and the handmade nature of our products, the actual item may differ slightly in appearance from what is shown.

10.5 Modifications Due to Supply Issues
In case of product modification due to supply chain issues or delivery delays, we will notify you and provide alternative options. You may choose to accept the change or cancel for a refund of the unavailable item.

10.6 Allergens
Our products may contain allergens, and we cannot guarantee allergen-free products. Please carefully check product descriptions and ingredient lists before ordering.

10.7 Stock Availability
Our products are available on a first-come, first-served basis. Once items are sold out, they will be updated on the website. We recommend placing your order as soon as possible to secure your delivery date.

10.8 Order Modifications
To request changes to your order details (e.g., adding a message), please contact us as soon as possible. Please note, we may not be able to make changes to the product itself once it is in production.

10.9 Product Modifications
We occasionally make improvements to our products as part of our ongoing quality assurance process. These modifications will not affect the product’s overall functionality, flavor, or appeal.

11. Customizations

11.1 Holiday Collection
Items in our Holiday Collection are not customizable. You may only select from the provided messages in the product descriptions. If you wish to include a personal message, you can purchase a card, and we will write your note and include it with your order.

11.2 Custom Cakes and Treats
If you want to customize a cake, cupcake, or other treats, please fill out a quote form under our Custom Cakes Shop page, and we will work with you to bring your vision to life.

12. Delivery

12.1 Delivery Fees
Delivery charges are calculated based on the distance from our location in Woodstock, GA. The following are our standard delivery fees:

• $5: Cherokee County
• $10: Pickens, North Fulton, Cobb
• $20: North Atlanta

12.2 Custom & Corporate Cakes Delivery Fees
Delivery charges for Custom & Corporate Cakes start at the rates above but may vary depending on location, size, and complexity of the order. Additional fees may apply, and we will discuss these with you during the quoting and contract process.

12.3 Additional Delivery Fees
Extra delivery charges may apply for large orders, multiple deliveries, or locations outside our standard delivery zones. We will consult with you on any additional fees.

12.4 Holiday Product Deliveries
Orders containing Limited Edition Holiday products (e.g., Valentine’s Day, Easter) will be delivered according to our holiday delivery schedule. Please review the specific delivery dates and times available at checkout.

12.5 Regular Delivery Windows
For regular online shop orders, we deliver during the following hours (Eastern Standard Time):

Mondays: deliveries 9 am – 5 pm 

Tuesday: deliveries 9am – 5pm

Wednesdays: deliveries 9am – 5pm

Thursdays: deliveries 9am – 5pm

Fridays: deliveries 9am – 5pm

Saturdays: deliveries 9am- 3pm

Sundays: closed- deliveries only 7am-8am or 2pm-5pm

13. Payments, Prices & Fees

13.1 Payment Methods
We accept payments via major credit cards and PayPal through our secure online payment gateway.

13.2 Prices
All prices are in U.S. dollars and are subject to change without notice. If the price of an ordered product changes before payment is completed, we will notify you before completing the transaction.

13.3 Sales Tax
As required by Georgia law, sales tax will be automatically calculated and added to your order at checkout.

13.4 Transaction Fee

To offer the convenience of online payment, we charge a 2.99% service fee for custom cake orders over $200 paid via invoice online. This fee is charged by PayPal (or our payment processor) to cover the transaction costs associated with processing credit card payments. ABARCA’S Cakes does not profit from this fee; it is passed on to customers to ensure we don’t absorb the processing fees ourselves while still offering the ability to pay online. We offer this payment option for your convenience, but we must pass on these charges to keep our product prices from increasing.

All orders are processed in U.S. Dollars (USD).

14. Order & Refund Policy

Please refer to Section 8 regarding refunds, cancellations, and custom orders.

15. Sales Tax

Sales tax is applicable in accordance with Georgia state tax law and will be calculated and added to your order at checkout.

16. Cottage Food Law Compliance

16.1 Cottage Food Operation
ABARCA’S Cakes is a licensed cottage food operation in the state of Georgia, operating under the Georgia Cottage Food Law (O.C.G.A. § 26-2-30). As such, our products are made in a home kitchen that is not subject to regular health inspections by the Georgia Department of Agriculture. By placing an order, you acknowledge that our cakes and baked goods are produced in a non-commercial kitchen.

16.2 Product Labeling
In compliance with Georgia’s Cottage Food Law, all of our products are labeled with the following:

• The business name and address
• A statement that the food is made in a cottage food operation
• A list of ingredients

16.3 Geographical Restrictions
As required by the Georgia Cottage Food Law, we are only permitted to process and deliver orders within the state of Georgia. We do not ship outside of Georgia due to state regulations.

16.4 Safety and Compliance
All of our baked goods meet the Georgia Department of Agriculture‘s standards for cottage food businesses. However, customers are advised to store and handle their products carefully, as our kitchen is not subject to the same inspections as commercial kitchens.

17. Privacy Policy & Data Protection

Your privacy is important to us. For a detailed explanation of how we protect and use your data, please review our Privacy Policy.

18. Health and Safety Disclaimer

All of our products are made with the highest quality ingredients, but we cannot guarantee allergen-free items. ABARCA’S Cakes is not responsible for any allergic reactions or foodborne illnesses.

For safety, please store your products in the refrigerator, follow all handling instructions provided when you receive your order, and consume them within 48 hours of receipt.

19. Limitation of Liability

To the fullest extent permitted by law, ABARCA’S Cakes will not be liable for any direct, indirect, special, incidental, or consequential damages arising out of or related to the use or consumption of our products, including any allergic reactions, damages, or injuries caused by improper storage or handling.

20. Governing Law & Dispute Resolution

These Terms and Conditions will be governed by and construed in accordance with the laws of the state of Georgia, USA. Any disputes arising out of or related to these Terms shall be resolved by binding arbitration in Woodstock, GA.

21. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:

ABARCA’S Cakes
Email: info@abarcascakes.com

Last Updated: October 1, 2024