Terms and Conditions

Our Guarantee

We appreciate your business, and we are honored that you have chosen us for your special celebration. Here at Heather's Hot Buns & Sweet Treats Bakery (AKA: HHBST Bakery) we will professionally provide (but not limited to) a decorated dessert in a timely manner as specified in the invoice or contract. We strive to bring quality and professionalism to each order. If you are not satisfied with our product(s) please let us know at the time you receive your order. Once your order is accepted, refunds will not be considered. 

Allergy Disclaimer

Although we try, please be aware that even with our firm observance and policies to not cross-contaminate, there's still a slight risk of any allergen.

Design Variations

HHBST Bakery reserves the right to design custom cakes solely based off of decorator creative influence. Although we make every attempt to provide a similar design and to match colors, custom cakes are a work of art.  It may not be possible to match an exact shade of a color, but we will come as close as possible. The final product may be subject to slight variations and creative insight.  Also be aware the exposure to light can cause colors to change. We do not offer discounts or refunds if the exact shade of a color is not achieved or if a variation occurs due to lighting.  In the event that a major variation needs to be made HHBST Bakery will communicate this to the customer and seek re-design approval.

Care and Handling

We are not responsible for any damage to the cake after pick-up or after setup is complete. Again we photograph all cakes and set up. The client is responsible for providing an appropriate and secure table and environment for the cake(s).  Cakes are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below.                             

If you or your representative elects to pick up and set up the cake, you assume all liability and responsibility for the condition of the cake once it leaves the possession of HHBST Bakery.  

· In the case of fresh flower usage on the cake, the responsibility of the flower safety and safe food practices will rest with the florist and not with HHBST Bakery. The person placing this order should obtain a notice of plant safety, in question, from the florist.

· Heather's Hot Buns & Sweet Treats Bakery is not responsible for any damage to the cake caused by the placement of flowers by another party or other items on the cake.

Deposits, Payments, Cancellations

A deposit of 50% and a signed contract is required to consider the date of event secured and contract for services to be rendered.  The remaining balance is due fourteen (14) business days prior to the delivery date. Any changes to this order must be made no later than fifteen (15) business days prior to delivery. Any changes requested after the signing of this contract cannot be guaranteed and may be subject to additional charges.

All deposits are non-refundable. There will be no credit given for orders cancelled inside of ten (10) business days. For cancellations with more than ten (10) business days’ notice, credit may be given for a future order, less the fair market value of items that cannot be re-used.  This offer is subject to the date being available.

If full payment is not received by the due date, the order may be cancelled.

Delivery Terms

The delivery time will be confirmed two (2) business days before your event date. Cakes maybe setup 1-3 hours before your event. For outdoor events, we try to setup as close to the event time as possible, which may limit design options. 

The Client must disclose any adverse road hazards and/or obstacles that may hamper the delivery and quality of finished products.  In the case of an unavoidable occurrence, such as an act of god, a car accident, poor road conditions, or dropping of cake during delivery — HHBST Bakery cannot be held liable for more than the price of the cake described in this order.

If the client or client representative is not available to receive the delivery. A re-delivery fee of $50.00 will be required at the time of receipt of goods and services. 

Photographs and Marketing

We respect the privacy of all our clients. We will not disclose the identity of clients (photographs of people, last names, event details, contract details) without permission. We do however, reserve the right to photograph baked goods, and event set up of our products and use those photos on our website, social media, or marketing materials. We also reserve the right to use any photographs for display or promotion without compensation to you.

Governing Law and Waiver of Jury Trial

This Agreement shall be subject to and governed by the laws of the North Dakota irrespective of the choice of law rules in the state of execution of the Agreement.  The parties hereto acknowledge and agree that, any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the courts of the North Dakota. Any litigation relating to this Agreement, brought by Client shall be commenced and maintained only in a federal or North Dakota state court located nearest to Company’s principal office; The Client consents to personal jurisdiction and venue in any such court. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. If Company is the prevailing party, it shall be entitled to recover from the Client the reasonable costs and expenses incurred in connection with any mediation, suit or other action brought pursuant to this Agreement, including, without limitation, reasonable attorney’s fees.

Resolution of Disputes.

All claims, disputes, and other matters in question arising out of or relating to this Agreement, or the breach of this Agreement (in any event, a “Dispute”) shall first be submitted to non-binding mediation in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. The mediator may offer such guidance as the mediator deems appropriate to facilitate the resolution of the Dispute.