DOWN PAYMENTS

1. A minimum of 50% of the total is due upon booking to secure your order & date - (if the order is confirmed 14 days or less before the event date, 100% of the balance is due upon booking). INQUIRIES, WRITTEN OR VERBAL, ALONE DO NOT GUARANTEE DATES/TIMES.

2. Your down payment reserves your event date & is NON-REFUNDABLE.

3. If no deposit has been made (for orders confirmed 14 days or less from event date) & balance has been paid in full; the client will be issued a credit for any future ROCK SUGAR LLC (hereinafter referred to as RS) orders, upon any cancellation. Credits are non-transferable and must be used by the original purchaser.

4. Payment, in any amount, towards this invoice acts as your signature and understanding of all terms and conditions listed.

5. Verbal & written quotes are guaranteed for 30 days from the day you receive them. After 30 days, RS reserves the right to cancel or modify unpaid invoices as well as increase prices as needed to satisfy current rates.

 

FINAL PAYMENT

The remaining balance, if applicable, is due no less than 14 days before your event date, unless otherwise discussed with RS. Please refer to the link RS has sent you via email to pay your final balance. If you have not received a final invoice or are having difficulties paying said invoice, please contact RS as soon as possible via email (info@rock-sugar.com) or by phone/text (702-527-8801).

 

NON-PAYMENT , CANCELLATIONS, and RESCHEDULES

1. Notifications of cancellation MUST be made, in writing, 14 days prior to the delivery date. The down payment is non-refundable. However, you will have no monies owed to RS.

2. If your balance, when applicable, is not paid 14 days before your event date, your order will be canceled. Please note, that the down payment is non-refundable.

2. RS RESERVES ALL RIGHTS TO CANCEL INVOICES/ESTIMATES DUE TO NON-PAYMENT. Should Rock Sugar feel there is inadequate time to complete the requested order, they (Rock Sugar) reserves the right to cancel unpaid invoices.

3. Orders paid in full and those with paid deposits are the only guaranteed orders.

4. In the event that a client requests an order to be canceled with less than 7 full days' notice from the event date they will, at the discretion of Rock Sugar, receive a credit for a future Rock Sugar order in the amount of up to 25% of the original order amount, not including any tips paid.

5. In the event that the client requests cancelation after the order is completed (decorated and ready for delivery) or less than 48 hours from the delivery time and date, neither a refund nor credit will be issued.

6. In the event that an order must be rescheduled, Rock Sugar requires a minimum 2-week notice before the new date. New dates will not be guaranteed and, in the event that the new date is less than 2 weeks from the time of notification, Rock Sugar reserves the right to charge a reschedule fee of at least 10% of the original order amount, if the new date can be accommodated on short notice.

7. If granted, refunds will be credited to the original payment method, less any fees incurred during the original transaction.

LATE PAYMENTS

1. If, in the rare occurrence, goods have been received and accepted prior to payment being made, the client will have 24 hours from the time of delivery to make payment.

2. If payment is not made in full within that 24 hours, a $7/day late charge will be applied for each day the invoice goes unpaid, starting at the 25th hour.

3. Should payment not be made within 96 hours after delivery and the client has not made any attempt to communicate plans to pay, legal action may be taken and the client will no longer be allowed to obtain future services from Rock Sugar.

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DELIVERY

1. RS is not responsible for any damage to the cake, cookies, cupcakes, etc., after delivery is complete. You are responsible for providing an appropriate and secure table and environment for the items. Cakes require an optimal room temperature of 75 degrees or below. Please note that direct sunlight and temperatures of 75 degrees and higher may have drastic and adverse effects on any cake. RS will NOT be required nor expected to fix any damage occurred by, but not limited to, incorrect holding temperatures, mishandling of the items, or accidental breakage caused by the client(s), once goods are delivered.

2. If the client or client's liaison neglects to show at the agreed upon delivery time & location and the item(s) must be re-delivered, a delivery fee of $50 must be paid prior to 2nd delivery attempt being made. A refund nor store credit will be issued if the client neglects to show either time, & all monies will be lost.
3. If the client or client's liaison neglects to show within a 10-minute window after the agreed-upon delivery time, Rock Sugar reserves the right to leave and all monies will be lost and the cake risks not being redelivered.

3. Your signature acts as acceptance of the goods as-is. If there is an issue with the design, flavors, etc. these must be brought to the attention of RS immediately.

 

GUARANTEE

1. RS promises you the best product and service we can provide. However, RS cannot be held responsible for anything that should happen to the goods once delivery is complete.

 

REQUEST FOR CHANGES

1. Requests for changes to any orders within 72 hours or less of the delivery date & time, if possible, will incur an additional fee of 35% of the order total. This fee MUST be paid immediately upon receipt of the amended invoice, otherwise requested changes will not be guaranteed, & the original order will remain in effect.

2. IF the request for changes IS possible, RS reserves the right to creative freedom & to alter the design as seen fit, to reflect the requested changes as closely as possible, depending on the new timeframe given.

 

ALLERGIES

1. RS products may contain or come into contact with milk, wheat, nuts, soy, & other allergens. You agree to notify your guests of this risk for any allergic reaction.

2. RS is not responsible for any allergic reactions to guests consuming the product.

REFUNDS

1. In the event that there is an issue with your order, Rock Sugar must be informed immediately upon delivery, by phone at 702-527-8801, or email at info@rock-sugar.com AND a sample MUST be provided by the client within 24 hours of delivery. 

2. If no sample of the product for Rock Sugar to inspect is furnished within 24 hours, a refund will not be given under any circumstances. 

3. Should a complaint refer to the physical appearance of a product only, a physical sample is not needed and a partial refund may be issued at the discretion of Rock Sugar. However, the client must provide photos of the item in question.

4. If a sample is provided and Rock Sugar is found to be at fault, a partial refund will be issued at the discretion of Rock Sugar.

5. Should Rock Sugar not be found at fault, a credit towards a future order may be issued at the discretion of Rock Sugar.

6. Should Rock Sugar feel there are no grounds for the complaint, no refund nor credit will be issued.

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FORCE MAJEURE CLAUSE

(a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;

(b) ionizing radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

(c) pressure waves from devices traveling at supersonic speeds or damage caused by any aircraft or similar device;

(d) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of the Company or any of its Subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons;

(d) specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in this Agreement which are materially worse than those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the Effective Date;

(e) tempest, earthquake or any other natural disaster of overwhelming proportions; pollution of water sources resulting from any plane crashing into [ ];

(f) discontinuation of electricity supply, not covered by the agreement concluded with the [utility company]; or

(g) other unforeseeable circumstances beyond the control of the Parties (including, but not limited to, pandemics including COVID-19 and any varients associated with) against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts,

which in each case directly causes either party to be unable to comply with all or a material part of its obligations under this Agreement;

(1) Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred (in which case this Clause 20 shall not apply to that extent).

(2) As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party's obligations under this Agreement.

(3) The Company shall, and shall procure that its Subcontractors shall, at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs) to:

(a) prevent Force Majeure Events affecting the performance of the Company's obligations under this Agreement;

(b) mitigate the effect of any Force Majeure Event; and

(c) comply with its obligations under this Agreement.

The Parties shall consult together in relation to the above matters following the occurrence of a Force Majeure Event.

(4) Should paragraph (1) apply as a result of a single Force Majeure Event for a continuous period of more than [180] days then the parties shall endeavor to agree any modifications to this Agreement (including without limitation, determination of new tariffs (if appropriate) in accordance with the provisions of Clause 7(4)(e)) which may be equitable having regard to the nature of the Force Majeure Event and which is consistent with the Statutory Requirements.