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5th Avenue Cake Designs Terms and Conditions of Sale


5ᵗʰ AVENUE COOKIE- CAKE SHOP UPDATE ON COVID-19

International and Domestic Product Orders

We are open + shipping with longer processing times.
The important details below will answer most questions in regards to how our busy shop is functioning during the state of the Covid-19 pandemic. You are required to read this page before completing your purchase in our shop. Please take the time to read through it in its entirety. We’re being as transparent as possible to help avoid disappointments or misunderstandings. Thank you in advance as we navigate this challenging time.

Please expect some delays due to the various lock downs in UK, and delivery carriers covid shipping policies of international and domestic orders we apologies for the inconvenience caused. We please ask for your patience during this difficult pandemic time as we work to fulfill orders as quickly as possible. We will not be able to offer more info on an order that has shipped other than what you see when you check your tracking. There will be no refunds offered for delayed shipments.
**I
f your order is urgent, please contact our sales team at shop@shop5thavenuecakes.com

**Fedex. DHL, and USPS is still having delays which may affect shipping times, especially on first class and even priority mail. International orders are taking much longer to be processed through customs causing delays. Please check the tracking numbers you are emailed and contact the shipping carrier chosen  or any shipping questions. I am not able to offer any more info on an order that has shipped other than what you see when you check your tracking. There will be no refunds offered for delayed shipments.

Orders that have been processed (meaning items have been ordered, in customs, pulled and packed for shipping) cannot be canceled.

ORDERING INFO: We are not taking rush or expedited orders. Please don’t assume when you think your order might ship. This shop processes a high volume of orders with one person currently fulfilling them. Processing time varies from a few days to a few weeks or more depending on what is ordered + where your order falls in the shipping queue. If on a deadline contact us BEFORE ordering so we can let you know if we can meet your deadline or not. If you leave a deadline date on your order without speaking to us first if the date cannot be met, we will cancel and refund your order.
SPECTRUM FLOW, DRAGÉES, and SPRINKLE,


UPDATE: SPECTRUM FLOW, DRAGÉES, and SPRINKLE, UPDATE: Venders are currently running low for Spectrum Flow, dragres/sprinkle orders for the moment. Many Spectrum Flow are on hold saying “sold out” until the vender catches up on orders already placed. If you’re a regular customer needing any of these items for your decorating needs – business, please contact us to see if we can accommodate your order depending on what is needed and your deadline date.

UPDATES:
After you order you receive and emailed receipt. Unless we have a question on your order the next time you will hear from us is when your order has been packed for shipping. You’ll receive a shipping confirmation email containing your tracking #. Please check your junk-spam folder as they can often end up there.


Processing times will be longer as we’re only shipping a few times a week. What is processing time? It’s the time from when you order until when we are able to ship. This time frame varies depending on our current volume of orders + stock arrivals. Larger orders and/or orders with sprinkles will have longer processing times—— as sprinkles are packed to order and processed in batches.
As stated , the estimated shipping times shown DO NOT include our current processing time and the days listed are not accurately stated by DHL, Fedex, and USPS (we can’t change the time frames they show). Even if you upgrade your order to priority or express there will still be processing time before we’re able to ship. Anything weighing over 453 grams (1 lb) has to ship priority mail in the US, it’s not an upgraded order. Due to a higher number of packages being shipped through ,DHL, FEDEX, and USPS we cannot guarantee any time frames for delivery and they are currently experiencing delays.

KINDNESS MATTERS: 
This is a trying time. As a small business I am doing the best I can with what I have at the moment. If you send a harsh email inquiring on an order we reserve the right to cancel and refund it. Funds may take a few business days to post back to the account in which you paid.


OTHER IMPORTANT DETAILS:
Email inquiries may take a few days to be responded to. If you have not heard back in 3 days please send another email. Check your junk-spam folders as our replies can often get filtered there

INTERNATIONAL CUSTOMERS: DHL, FEDEX, and USPS are not shipping to many countries at this time. If we can not get your shipping address accepted to print a shipping label we will contact you to let you know that your order will have to be canceled. We have no control and are not responsible if your country rejects your package due to the current pandemic situation. If for some reason a package is returned to us we will contact you.

FOR THOSE WHO HAVE ORDERED FROM US: Please make sure you check your junk-spam folder for your order confirmation and shipping notice. We’re getting many notes from customers stating they are not getting our emails. They may be blocked or filtered to your junk-spam folders due to your email settings so please check there for them. If we respond to you and the email bounces back to us we have no way to contact you. Please enter your phone # at checkout as we can text a reply if we find this happens
(Even though things aren’t going as fast as I’d like please know I’m doing the best I can to make the adjustments needed to keep 5ᵗʰ Avenue’s Cookie And Cake Designs open to serve your baking + party needs. Thank you so much for your continued support of my small business. It’s because of you and the memories you’ll make in the kitchen baking for others or with your family and friends that keeps me going!

Stay safe and sweet!
Best,
Bobbie


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.

  • Every effort will be made to fulfill your order. If a product is on backorder for over 2 weeks Shop 5th Avenue Cake will substitute with a comparable of the same value or more, unless asked to not substitute.

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

  • 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, up to 3 downloads, after sale.

Refund Policy

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.

Your item must be in the original packaging.

Your item needs to have the receipt or proof of purchase with a written reason for return.

Upon return of the products and approval of the refund, your credit card will be refunded.

A 5% restocking fee will be assessed if the products are free from manufacturer defects.

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: Subscriptions, 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.