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Terms & Conditions

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Use of Our Website

This website is operated by Studio Provisions, and Chefs Melanie and Anthony Stagnaro.  The terms "we", "us" and "our" refer to the aforementioned.   The use of the website is subject to the following terms and conditions of use, as amended from time to time (the "Terms").  The Terms are to be read together by you with any terms, conditions, or disclaimers provided in our website, invoices and marketing materials.  Please review the Terms carefully.  The Terms apply to all users of our website including, without limitations, users who are browsers, customers, merchants, vendors and/or contributors of content.  By accessing and using this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy.  If you do not agree to any part of the Terms or Privacy Policy, you are not authorized to use our website's services, or place an order.

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You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including but not limited to violation of any intellectual property or privacy law.  By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a legally binding contract.  

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You agree not to attempt to interfere with our website's network or security features or to gain unauthorized access to our systems.  You assume all responsibility and risk with respect to your use of our website.

Terms of Sale

By making a payment, you accept all Terms outlined by Studio Provisions online or in print, and will not hold the CFO (Cottage Food Operation) #11040885 Studio Provisions and its personnel liable for improper storage & care, transport and service of food items once delivery has been fulfilled.

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You agree to provide us with accurate personal information, such as your email, address and other contact details in order to complete your order or contact you as needed.  You agree to promptly update your account and information.  You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

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We reserve the right to refuse service to anyone, at any time, for any reason.  We reserve the right to make modifications to our website, including terminating, changing, suspending or discontinuing any part, at any time, without notice.  You agree to review the Terms regularly and your continued access or use of our website means you agree to any changes.  We will not be liable to you or any third party for any modification, suspension or discontinuance of our website, products and services, and content.

Products & Services

By making a purchase, you acknowledge that Studio Provisions operates in a facility that may result in exposure to wheat (gluten), dairy, eggs and nut products, though items ordered may not specifically contain these allergens. Studio Provisions is not a dedicated nut or allergen-free facility.  

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All purchases made through our website are subject to product availability.  We may, in our sole discretion, limit or cancel products & services offered to any person, household, geographic region or jurisdiction.  We reserve the right to refuse orders that appear to be placed by distributors or resellers.  If we believe  that you have made a fraudulent order, we will be entitled to cancel the order, with no refund, and inform the relevant authorities.

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Prices for our products & services are subject to change without notice.  Unless otherwise indicated, prices displayed are quoted in United States dollar currency (USD).

Order Policy

Custom orders are not confirmed until you accept the proposal, receive an invoice, and complete the non-refundable 50% deposit within 72 hours of invoicing.  Because of the gap between response times, we recommend placing your order at least 4-6 weeks prior to the date of your event.  Though we try our best to accommodate shorter timelines, there is no guarantee we will be able to accommodate your request. Priority for the event dates are on a first booked basis, booked by paying a deposit. 

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Final payments to fulfill your order can be made any time up to 1 month prior to your event.  Missing this deadline for final payment will result in forfeiture of your order.  Final payment is the responsibility of the client.  If final payment is not made by the invoice deadline, your order and event date will be forfeited, as agreed to, by paying the invoice deposit.

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When purchasing an online store or Seasonal Pop-Up item, you acknowledge that you have read all Terms and details related to such item, that you are purchasing from a Napa based CFO, and that all sales are final.

Liability & Client Responsibility

Sizing of our cake portions are based on the industry standard of 1 x 2” slices approximately 4” high, but tiers are adjusted to accommodate both the design and the guest count during consultation.  General Cake Cutting Guides may be provided upon request.  Studio Provisions will not be held responsible for shortages due to incorrect guest counts or failure to cut to recommended or industry standard sizing. 

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The Client assumes full responsibility for the event guests and agrees to indemnify and hold Studio Provisions harmless from and against all bodily injury, property damage or consequential damages. Clients assume full responsibility for making sure all non-edible cake décor, including but not limited to, sugar flowers and cake dummies, are removed from the cake before it is cut and served. Sugar flowers are made from edible materials, but are not intended for consumption as wires are added for strength and flexibility to achieve a more natural look. Studio Provisions will not be held liable for any florals provided by a florist, and we do not recommend using fresh florals unless organic and properly inserted by us.

Delivery Policy

Due to the intricate and delicate nature of Our Services, delivery and set up are required to guarantee that your items arrive in perfect condition.  Services confirmed directly outside the Napa local region, are subject to an additional delivery fee based on distance.  Delivery fees are subject to additional taxes.  Any additional venue information regarding special requirements for delivery are the Client's responsibility to relay to us.

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When purchasing online store and Seasonal Pop-Up items, your order will be delivered between 9am-2pm on your selected date. Someone must be available to accept the order.  Punctuality is a must in respect to Our other Clients and delivery schedule.  Unless specified by the Client at the time of order, no orders will be left unattended and will be returned to our studio and considered forfeited if found undeliverable, or if an incorrect address was provided.

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Shipping of cookies may be accepted on a case-by-case basis through an overnight courier service, at the cost of the client.  Please inquire at info@cakebystudio.com.

Returns, Cancellations & Modifications

If you need to cancel your custom order for any reason, the 50% deposit remains non-refundable.  Any balance paid in advance of the final invoice deadline will be credited back to you towards a future order that must be used within 3 months of the original order date, based on our availability.  Final payment is due at least one month prior to the date of delivery.  Any delinquency in payment will result in automatic forfeit of the order and event date, as stated when paying your deposit.  Due to the nature of our services, cancellations made on or after the final balance date are, indeed, final.  

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By making a payment, you acknowledge that certain creative changes may be made to the final design for the sake of stability, structural integrity or other certain emergencies. At our discretion, minor design details may be accommodated up to 1 month before your event date, but may result in additional cost.

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Studio Provisions promises a product of high quality and service, but is not liable for unforeseen circumstances, including but not limited to inclement weather, transportation problems, illness, accidents, labor disputes or strikes, Acts of God, and other causes beyond reasonable control. A delay in transit shall not constitute grounds for a discount or refund.

 

Online store, digital downloads, and Seasonal Pastry Pop-Up items are final sale at the time of purchase.

Creative License

Since our offerings are bespoke and custom tailored to each event, we do not guarantee the exact accuracy of the color or design of products on our website or sketches.  We make every effort to ensure consistency of our products as accurately as possible on our website and/or sketch, but slight discrepancies may occur.

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You agree that any content you submit to us may be edited, adapted, modified, recreated, published, or distributed by us.  You further agree that we are in no obligation to maintain Content in confidence, to pay compensation for Content, or to respond to any Content.

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You agree that you will not post, distribute or share Content from our website or consultations, including but not limited to design sketches, and acknowledge that the entirety of our Content is protected by copyright, trademark, patent or any other proprietary right respectively.

Allergen Disclaimer

By making a payment, the you acknowledges that Studio Provisions operates in a facility that may result in exposure to wheat (gluten), dairy, eggs and nut products, though the items ordered may not specifically contain these allergens. Studio Provisions is not a dedicated allergen free facility.  

Consultation, Development & Collaborations

Consultation, development and collaborations are subject to a 50% retainer upon hiring of services, unless otherwise agreed upon in writing.  No exchange of ideas, time or otherwise will be conducted without it.  Final balances are due within 1 week of completing contracted services, unless otherwise stated in writing or in invoice itemization.

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