Terms of service

CAKE CANCELATION/CHANGES 

Organizing hundreds of weekly orders and ensuring quality takes a lot of prep time. Seven (7) days prior to the order date, all cake orders are final, the pickup time cannot be moved up, and no changes can be made to the items. If you must make a change, if available, there will be a $30 change fee added to the order.

SAME DAY ORDERS AND AVAILABILITY
All items that are requested for pick up or delivery within 24 business hours are subject to what we currently have freshly baked/iced on hand. We do our best to keep all items available, but items may sell out due to demand. In the event your requested items sell out, we will call you to make any necessary changes to your order.

CUSTOM ITEMS
Items such as custom cakes and semi-custom cakes do require a lead time. These lead times are called on the item page. 

DISCOUNTS
Bottom line, play nice. Discounts are limited to one per adult, per day, per household, per pickup (Adults = 18 years old plus). Dividing orders between people to achieve multiple discounts is strictly prohibited. If multiple discounts are used, the customer will pay the balance on pickup. Discounts can only be used on new orders and cannot be applied to previously placed orders. Discounts must be applied when placing the order. Discounts cannot be combined. Online discounts cannot be redeemed in-store, they must be redeemed online. Buy-one-get-one deals are always limited to one or two free items. Patty's Cakes has the best intentions; however, we also reserve the final say on how a discount may be used.

BIRTHDAY CUPCAKES
The Birthday Cupcakes can only be redeemed online and is not available in-store. It is only good once per year. Cannot be combined with any other offers. Must take both cupcakes at the same time. One coupon per person. Valid for 30 days after the stated birthdate. You must sign up 30 days in advance to receive the coupon via our loyalty program. One birthdate per email address.

DELIVERY

Please make sure someone is present to accept the items throughout the ENTIRE delivery window. All deliveries require someone to accept and sign for the items. For the safety of the recipients, food items cannot be left at a doorstep or similar. If someone is not present to accept the items they will be returned to the store when they will be available for pick up. If additional delivery attempts are requested, a delivery fee will be charged for each attempt. Additional delivery requests may increase in price due to scheduling demands. Delivery fees cannot be refunded. No refunds will be given for food items that have been unsuccessfully delivered and/or picked up.

REFUNDS
Our products cannot be returned. Refunds are only available for quality issues. Please take photos and report issues here. We need to see photos. https://pattys-cakes.com/contact-us?contact=31

MESSAGING

Enrolling in our messaging provides consent to receive recurring automated marketing by text message through an automatic telephone dialing system. Consent is not a condition to purchase. Reply with STOP to cancel, HELP for help. Message and Data rates apply.

SHOP PAY

Rates from 0% APR or 10-30% APR. Payment options through Shop Pay Installments are subject to an eligibility check and are provided by these lending partners: http://affirm.com/lenders.
Options depend on your purchase amount, and a down payment may be required. State notices to consumers http://www.affirm.com/licenses.

ITEMS NOT PICKED UP

We will keep items that have not been picked up for four days. At the end of the 4th day, the items will be thrown out. No refunds will be provided.  

 

COOKIES

The website uses cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

 

THIRD PARTY DATA SHARING

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

 

 

Mobile Terms of Service

Patty's Cakes and Desserts

Last updated: October 26, 2023

The Patty's Cakes and Desserts mobile message service (the "Service") is operated by Patty's Cakes and Desserts (“Patty's Cakes and Desserts”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Patty's Cakes and Desserts’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Patty's Cakes and Desserts through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Patty's Cakes and Desserts. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18447300844 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Patty's Cakes and Desserts mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18447300844 or email info@pattys-cakes.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Patty’s Cakes and Desserts products or services, you agree that any controversy, claim, action, or dispute between you and Patty’s Cakes and Desserts arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Patty’s Cakes and Desserts ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Orange County, CA , USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the California, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Patty’s Cakes and Desserts’ products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 825 W. Commonwealth Ave, Fullerton, CA 92832 . Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring Patty’s Cakes and Desserts’ receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Patty’s Cakes and Desserts agree that you may bring or participate in Claims against Patty’s Cakes and Desserts only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Patty’s Cakes and Desserts agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.