Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Vici Design! The terms "we", "us" and "our" refer to Vici Design. Vici Design operates this bakery store and website, including all related information, content, features, tools, products, and custom baking services in order to provide you, the customer, with a curated shopping and custom order experience (the "Services"). Vici Design is powered by Shopify, which enables us to provide the online Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with, or placing an order through our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, including browsing our online catalog or purchasing any bakery products or custom design services, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials.

SECTION 2 - OUR PRODUCTS & CUSTOM DESIGN

We have made every effort to provide an accurate representation of our custom cakes and baked goods in our online stores and portfolios. However, please note:

Artistic Variation: Baked goods and custom cakes are artisanal, handmade products. Colors, structural configurations, and final design appearances may differ slightly from digital renderings, inspiration photos, or how they appear on your screen due to device settings and the organic nature of custom baking.
Allergens & Ingredients: It is the client’s sole responsibility to notify Vici Design of any severe food allergies prior to ordering. While we take precautions, our kitchen handles common allergens (such as nuts, dairy, gluten, and eggs), and we cannot guarantee an entirely allergen-free environment.
Product Availability: All descriptions of products are subject to change at any time without notice. We reserve the right to limit the quantities or discontinue any baked good at our sole discretion.

SECTION 3 - ORDERS, CANCELLATIONS, AND REFUNDS

When you place an order or submit a deposit for a custom cake, you are making an offer to purchase. Vici Design reserves the right to accept or decline your order for any reason.

Acceptance: Your order is not fully accepted or secured until payment (or a designated non-refundable deposit) is processed and confirmed by Vici Design.
Cancellations & Changes: Because custom baked goods require dedicated scheduling, specialized ingredients, and labor, changes or cancellations must be requested within 7 days of your event. Vici Design is unable to accommodate cancellation or modification requests made after this window.
Refund Policy: Your purchases are subject to our Order Satisfaction & Care Policy. Due to the perishable, custom, and edible nature of food items, all sales are final, and products cannot be returned or exchanged.
Personal Use: You represent and warrant that your purchases are for your own personal or event use and not for unauthorized commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, custom design quotes, discounts, and promotions are subject to change without notice. The price charged for a custom order or product will be the price set out in your final order confirmation email or invoice. Posted prices do not include applicable sales tax or delivery fees unless expressly stated.

You agree to provide current, complete, and accurate purchase, billing, and contact information for all transactions so that we can complete your order and reach out to you regarding fulfillment details. You represent and warrant that you are authorized to use your chosen payment method and that all charges will be honored by your credit card company.

SECTION 5 - PICK-UP, DELIVERY, AND TRANSFER OF LIABILITY

Fulfillment Timelines: All delivery and pickup times are coordinated estimates. While we make every effort to be perfectly on time for your event, we are not liable for unexpected delays caused by traffic, weather, or events outside our control.
Transfer of Liability: Once your order has been successfully picked up by you (or your designated agent) from our bakery, or successfully delivered and set up at your designated venue, title and risk of loss pass entirely to you. Vici Design is not liable for any subsequent damage, including but not limited to transit damage, drops, improper handling, lack of refrigeration, or sun/heat exposure.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all custom cake designs, proprietary recipes, photographs, branding, text, logos, and arrangements, are owned by Vici Design, its affiliates, or licensors and are protected by intellectual property laws.

These Terms permit you to use the website for personal use only. You must not reproduce, distribute, or modify any material, images of our cakes, or website content without our prior written consent. Vici Design retains all intellectual property rights to custom designs created for clients.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools (such as venue mapping or calendar schedulers) which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties. Use of these tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites (such as event planners, venues, or delivery partners). We are not responsible for examining or evaluating the content, accuracy, or safety of third-party platforms. Please review third-party policies carefully before engaging in any transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Vici Design’s online storefront is powered by Shopify. However, any sales and purchases you make are made directly with Vici Design. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Vici Design, including any quality issues or damage resulting from purchased products. You hereby release Shopify from all claims arising from your transactions with Vici Design.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because our digital Services are hosted by Shopify, certain information required to fulfill your billing and delivery will be transmitted to and processed by Shopify in accordance with their privacy standards.

SECTION 11 - FEEDBACK AND PHOTOGRAPHS

If you submit reviews, ideas, or feedback to us, or tag Vici Design in photos of your cake on social media, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and display that content for marketing and promotional purposes.

We reserve the right, but have no obligation, to monitor, edit, or remove client-submitted content on our platforms that we deem offensive, unlawful, or in violation of these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors or inaccuracies relating to product descriptions, flavor availability, pricing, promotions, or delivery zones. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may use the website and ordering platforms for lawful purposes only. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to infringe upon our intellectual property or cake design rights; (c) to harass, defame, or abuse our baking or delivery staff; (d) to upload malicious code or viruses; or (e) to use automated scrapers, bots, or AI tools to extract data or images from our site without explicit authorization. Violation of these terms will result in immediate termination of your service and order cancellations.

SECTION 14 - AGENTS

No automated software or semi-autonomous "Agent" may access or interact with our Services unless it identifies itself transparently in accordance with standard user-agent string formats (Agent/[agent name]) and does not attempt to circumvent CAPTCHAs, security protocols, or mimic human buying behavior to hoard custom booking slots.

SECTION 15 - TERMINATION

We may refuse service, terminate your account, or cancel pending orders in our sole discretion if we determine a breach of these Terms has occurred. You will remain liable for any outstanding amounts due up to the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY VICI DESIGN IN WRITING, THE SERVICES AND ALL BAKERY PRODUCTS DELIVERED TO YOU ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR CONSUMPTION, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR DURABILITY. WE DO NOT GUARANTEE THAT WE CAN ACCOMMODATE EVERY CUSTOM REQUEST OR THAT OUR WEBSITE TIMELINES WILL ALWAYS OPERATE UNINTERRUPTED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL VICI DESIGN, OUR OWNERS, BAKERS, EMPLOYEES, OR DELIVERY DRIVERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND—INCLUDING, WITHOUT LIMITATION, DAMAGES TO EVENT PROPERTY, LATE VENUE ACCESSIBILITY, OR SPOILAGE DUE TO IMPROPER CLIENT STORAGE—ARISING FROM YOUR USE OF OUR SERVICES OR CONSUMPTION OF OUR PRODUCTS.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vici Design, Shopify, and our team members from any claims, liabilities, or damages (including reasonable attorneys' fees) arising out of your breach of these Terms of Service, your failure to communicate critical allergen info, or your misuse of our services or products.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. These Terms, along with your custom order contract/invoice, constitute the entire agreement between you and Vici Design.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your event booking or custom cake contract to another party without our prior written consent.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you baking or delivery Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any legal actions must be filed in the courts local to Putnam County, New York.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes.