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5th Avenue Cake Designs Terms and Conditions of Sale

Terms of Sale

     By placing an order with us, you are purchasing products that are subject to the following terms and conditions.

Order processing

     All orders are final with payment required upon checkout.  Shipping cost will be charged in addition to the purchase based on your selection; the charge will be clearly displayed upon checkout for your approval.  Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be charged upon checkout.

Availability and Delivery Expectations

Most products sold on this website are products from international vendors around the world.  Products require clearing US customs to enter the United States. Please allow 2 – 4 weeks before expecting delivery.  We will make every attempt for a speedy delivery.

All edibles are invidual hand baked and created, most sales need 3 – 4 weeks before expecting delivery. Contact Shop 5th Avenue Cakes for custom oders.

Availability of products are subject to change, we will substitute the products for same value or higher if necessary.

Electronic products like videos, recipes, and templates can be downloaded automatically after sale.


Refund Policy

  1. To be eligible for a return, your item must be returned within 7 business days, unused, and in the same condition that you received it.
  2. Your item must be in the original packaging.
  3. Your item needs to have the receipt or proof of purchase with a written reason for return.
  4. Upon return of the products and approval of the refund, your credit card will be refunded.
  5. A 5% restocking fee will be assessed if the products are free from manufacturer defects.
  6. Items not eligible for return are:
    • Opened products from store packaging.
    • Opened containers of powders, extracts, compounds, or any other sealed products.
    • Improperly packed items that are damaged upon arrival.
    • Any international orders free from defect.
    • Electronic products: Videos, recipes, and templates

Happy customers is our goal and our reputation to deliver quality value in our products and videos is our objective. We will work to remedy your situation, please contact us for help.

Disclaimer of Liability

     The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 5th Avenue Cake Designs and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 5th Avenue Cake Design’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless 5th Avenue Cake Designs, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website, products sold,  or your breach of the Terms of Service.