TERMS & CONDITIONS

PRICE & PAYMENT

An order is considered confirmed once a non-refundable deposit of 50% of the total amount has been received. The remaining balance is due in full on or before the scheduled pickup or delivery date. If payment is not received by the agreed date, a 5% late fee will be applied for each day past the due date.
 
It is the client’s responsibility to ensure that all payments are made on time. Upon receipt of the deposit, a binding agreement is established between the client and Tortoise Cakes. Payments are accepted via debit or credit card through the secure Square processing system.
 

Failure to complete payment by the specified date constitutes a breach of contract. In such cases, the order may be delayed or withheld until payment is made in full. 

Tortoise Cakes assumes no responsibility for delays, substitutions, or adjustments resulting from insufficient or late payment, including the inability to obtain necessary ingredients or materials for the commissioned design.

CAKES, CUPCAKES, & MACARONS

Tortoise Cakes guarantees that upon pickup or delivery, each order will meet the specifications outlined in the corresponding invoice. This guarantee applies solely to the accuracy of the described order and not to matters of personal preference regarding design interpretation, color, or taste. It is the client’s responsibility to ensure that all details within the order invoice are correct prior to signing the agreement.
 
This guarantee does not apply to any damage or defect arising from willful misuse, accident, negligence, or failure to follow handling instructions by the client or any third party.
 
All products are produced in an environment where nuts, eggs, milk, gluten, and other allergens are present. While every precaution is taken to minimize cross-contact, Tortoise Cakes cannot guarantee that any item will be entirely free from trace allergens.
 
Due to the handcrafted nature of the work, exact replication of design or color cannot be guaranteed, though every effort will be made to achieve a close and visually cohesive result. Color swatches will be used as a guide only.
 
Fresh florals, edible rice paper flowers, and rice paper sculptures are available upon request for an additional fee. Equivalent or higher-quality materials and ingredients may be substituted when necessary without prior notice.
 
All tiered cakes contain internal support dowels for stability, which must be removed prior to serving.
 
All products remain the property of Tortoise Cakes until payment has been received in full. All sketches, descriptions, renderings, and digital images shared by Tortoise Cakes—whether directly or through social media—remain the sole intellectual property of the business and may not be reproduced, copied, or distributed without written consent.

DELIVERY & PICKUP COLLECTION

Orders may be collected by prior arrangement when applicable; however, all tiered cakes must be delivered by Tortoise Cakes to ensure proper handling and structural stability. Once an order has left the premises, Tortoise Cakes assumes no responsibility for any damage thereafter.
 
Delivery will take place on the date stated in the invoice confirmation to the address provided. While every effort is made to meet agreed delivery times, unforeseen delays may occur, and Tortoise Cakes cannot be held liable for such instances. Changes to the delivery address after confirmation may incur additional mileage or logistical fees.
 
For venue deliveries, I will coordinate directly with event staff to confirm a delivery time. If setup is required, the order will be arranged, photographed, and—when possible—acknowledged by a venue representative’s signature confirming safe receipt. If the venue or coordinator chooses to complete setup themselves, display instructions will be provided, and responsibility will transfer upon signature.
 
Once delivered or collected, Tortoise Cakes is not liable for any damage, mishandling, or environmental factors affecting the order’s condition.
 
Cake and dessert stands rented from Tortoise Cakes must be returned clean and undamaged within five (5) days of the event. Replacement costs will apply for any stand that is lost, broken, or returned in poor condition. A refundable retainer equal to the full replacement value of each rented stand will be collected prior to the event and returned upon safe and timely return.

CANCELLATIONS & REFUNDS

Every Tortoise Cakes order is custom-crafted well in advance, requiring specialty ingredients, detailed design work, and extensive preparation. For this reason, all sales are final and non-refundable. Cancellations will not receive a refund under any circumstance. In truly exceptional cases, a partial credit may be offered at my sole discretion, based on the stage of preparation at the time of notice.
 
If an event is postponed, the original payment schedule remains binding. Postponements made within 30 days of the event require payment of half the remaining balance on the original due date. Postponements made less than one month prior to the event require full payment as scheduled. Subject to availability, payments may be transferred to a new date one time only; any further postponements will be considered cancellations.
 
Please note that postponed orders may be subject to updated pricing in line with inflation or ingredient costs. If an order is not collected on the agreed date, Tortoise Cakes reserves the right to resell or discard the order after one business day.

ORDER ALTERATIONS

Clients may request changes to their order no later than three (3) months before the due date, by submitting a written notice. Upon approval, a revised invoice will be issued outlining the updated design, details, and cost. Alterations are not confirmed until this new invoice has been accepted and payment terms met.
 
Tortoise Cakes reserves the right to cancel, modify, or delay fulfillment of any order in the event of circumstances beyond control — including, but not limited to, death, fire, flood, natural disaster, plant breakdown, strike, government lockdown, riot, or unavailability of materials. In such cases, written notice will be provided, and a full refund or credit may be issued at the sole discretion of Tortoise Cakes.
 
Tortoise Cakes is not liable for any loss, injury, or damages arising from events outside its reasonable control.

COMPLAINTS

At Tortoise Cakes, each order receives exceptional care and attention. While complaints are rare, they are taken seriously and handled with fairness and professionalism.
 
Any concerns must be reported within 48 hours of pickup or delivery, to allow a proper assessment of the issue. For decoration-related concerns that can be readily corrected, clients must notify me at the time of delivery or collection, so adjustments can be made immediately. Once the order has been accepted and payment finalized, it is understood that the design and presentation have met client approval.
 
Detailed reference photos are provided before each event, and it is the client’s responsibility to review and confirm all details prior to the occasion.
 
For quality-related concerns, at least 75% of the product must be returned within 48 hours of pickup or delivery for an accurate evaluation. Please note that I can only address complaints made by the individual who placed the original order.
 
Clients agree to provide Tortoise Cakes with written notice and an opportunity to resolve any issue before posting public commentary or reviews. This ensures a respectful and professional resolution process.

GENERAL TERMS

All designs, images, and intellectual property remain the exclusive property of Tortoise Cakes. I reserve the right to photograph and use images of your order for promotional purposes, including website galleries, portfolios, social media, printed materials, and competitions.

Clients are encouraged to retain a copy of all documentation received from Tortoise Cakes for their records.
 
This agreement, together with the corresponding order invoice, represents the full and final understanding between both parties regarding the commissioned order. It supersedes all prior discussions or communications, whether written or verbal, except as expressly stated within this contract.
 
Nothing within this agreement limits or excludes liability for fraudulent misrepresentation. Both parties agree to submit to the non-exclusive jurisdiction of the courts of the United States.