• A cake design, consultation, quote, or discussion does not constitute a confirmed order.
  An order is not secured, scheduled, or placed on NYOCakes’ production calendar until the invoice is paid in full.
• Custom cake invoices must be paid in full no later than fourteen (14) days prior to the event date.
   
• Unpaid invoices automatically release the event date with no obligation to hold availability.
   
• Last-minute requests require same-day, full payment to be accepted.
   
• All last-minute orders are final and strictly non-refundable under any circumstances.
   
• Failure to submit payment means no contract exists and no cake is reserved.

By placing an order with Not Your Ordinary Cakes (“NYOCakes”), whether online, in-store, by text, email, social media, or any electronic payment method, Client expressly agrees to be legally bound by the following Terms & Conditions with or without a signed contract.

Payment of any kind constitutes full acceptance of this Agreement.

• NYOCakes cakes are custom, tall cakes. Heights of tiered cakes vary by design and are not guaranteed, typically ranging between 6”–10” per tier.
• Standard tiered cakes generally consist of multiple layers of cake and filling; however, sculpted cakes, novelty cakes, and specialty designs do not follow standard layer structures, and their serving sizes vary.
• Sculpted cakes are not uniform in height, shape, internal structure, or servings. All serving estimates are approximations only.
• Serving sizes are estimated at 1.5” x 1” x cake height, which differs from industry standards.
• Client acknowledges that serving estimates are guidelines only and not guarantees.
• No refunds, partial refunds, or credits will be issued for insufficient servings, excess leftovers, or miscalculation of guest count.

• All retainers are non-refundable.
• Orders placed through NYOCakes’ online shop are final and non-refundable for any reason, without exception.
• Payment options, discounts, and installment plans are offered solely at NYOCakes’ discretion.
• Orders placed with less than four (4) weeks’ notice require payment in full.
• Failure to sign or formally acknowledge these Terms may result in invoice voidance; however, all monies paid remain non-refundable.

• Cancellation at any time results in forfeiture of the retainer.
• Cancellations within thirty (30) days of the event require full payment of the contract total, regardless of circumstance.
• Online orders are strictly non-refundable.
• Over-ordering, leftover cake, additional desserts, or change of event plans do not constitute grounds for a refund.
• Colors may not be exact as requested due to climate, humidity, sitting overnight and setting.  Refunds are not allowed due to incorrect shade or tone of color. 

• All changes must be submitted in writing.
• Design changes must be requested no later than fourteen (14) days prior to the event.
• Flavor changes must be requested no later than seven (7) days prior and may incur a Change Order Rush Fee starting at $50.
• NYOCakes reserves the right to refuse changes at its sole discretion.

• Client is responsible for providing accurate delivery instructions.
• Once the cake leaves NYOCakes’ possession—whether by pickup, third-party transport, or completed setup—all liability transfers to Client.
• Transit delays, traffic issues, or venue access restrictions do not qualify for refunds or discounts.
• Cakes must not be moved by anyone other than NYOCakes staff once set.

• Cakes are highly perishable.
• Outdoor setups—including patios, tents, pool houses, beaches, or shaded areas—void all refund eligibility.
• NYOCakes is not liable for damage caused by heat, humidity, insects, wildlife, sand, wind, debris, or guest interference.
• Client expressly waives any and all claims related to environmental exposure.

• NYOCakes does not produce allergen-free products.
• NYOCakes does not offer vegan, gluten-free, dairy-free, sugar-free, halal, kosher, or allergen-safe foods.
• Products may contain or come into contact with milk, eggs, wheat, nuts, peanuts, cocoa, oils, and other allergens.
• Client assumes all responsibility for notifying guests of allergen risks.
• NYOCakes bears no liability for allergic reactions or dietary conflicts.
• All non-edible décor must be removed prior to serving.

• Inspiration images—including AI-rendered cake images—are conceptual only.
• AI-generated designs cannot and will not be replicated, as cake is a real, physical medium subject to gravity, humidity, and structural limitations.
• NYOCakes retains full artistic license to interpret all designs.
• No refunds will be issued due to artistic interpretation, material limitations, or medium constraints.
• Fondant-free designs will not replicate fondant inspiration.

• Any dissatisfaction must be reported the same calendar day as the event.
• Uneaten portions of the cake must be returned within twenty-four (24) hours for inspection.
• Failure to return the cake eliminates any possibility of remedy.
• Consumption, disposal, or partial serving of the cake constitutes full acceptance of appearance, flavor, texture, and quality.
• Inspection does not guarantee a refund; it allows assessment only.
• NYOCakes is not responsible for issues caused by venue conditions, improper storage, delayed cutting, or external interference.

• Harassment, verbal abuse, threats, or intimidation toward NYOCakes staff results in immediate forfeiture of all remedies, including refunds.
• Only the named client on the invoice may request changes or lodge complaints.

• Honest reviews are permitted.
• Any false, misleading, exaggerated, or knowingly inaccurate statements about NYOCakes constitute defamation and slander under Texas law.
• Fraudulent conduct—including misrepresentation of NYOCakes’ work, impersonation, false claims, or coordinated review attacks—will result in legal action.
• NYOCakes reserves the right to pursue damages, legal fees, injunctive relief, and permanent client bans.

• Rental items must be returned within seven (7) days.
• Late fees: $25 per day.
• Damaged or missing items incur a $100 replacement fee plus replacement cost.

• NYOCakes retains the unrestricted right to photograph and use images of its work for marketing and promotional purposes without compensation.

• Client must disclose all other dessert providers.
• NYOCakes strictly prohibits resale, rebranding, sub-contracting, or misrepresentation of its products.
• Violations result in immediate termination with no refund.

• NYOCakes shall not be liable for failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:
• Acts of God, Extreme weather, Power outages, Transportation delays, Illness or injury, Labor disputes, Government orders, Venue restrictions, Supply chain failures.  Such events do not entitle Client to refunds, credits, or damages.

• Governing Law: State of Texas
• Mandatory mediation in League City or Houston, Texas
• Each party bears its own costs
• Jury trial waived

• Orders placed within seven (7) days of the event are considered rushed.
• No sketches or renderings will be provided.
• NYOCakes may alter designs without approval due to time constraints.
• Client assumes all risk related to rushed execution.

• This Agreement constitutes the entire understanding between the parties.
• If any provision is deemed unenforceable, the remainder shall remain in full force and effect.

By submitting payment, Client acknowledges they have read, understood, and agreed to these Terms & Conditions in full.

If Client does not agree, NYOCakes will not proceed with the order.