Terms and Conditions (T&Cs) - The Buttercream Factory (Bakery)

Effective Date: November 6, 2025

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Please read these Terms and Conditions ("Terms," "ToS") carefully before using the www.thebuttercreamfactory.com website (the "Service") operated by The Buttercream Factory ("us," "we," or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.

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1. Website Usage Rules

A. Acceptance: By accessing or using the Service, you agree to be bound by these Terms. B. Eligibility: You must be at least eighteen (18) years of age to use this Service or purchase products. C. Prohibited Uses: You may not use the Service for any unlawful purpose or to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

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2. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of The Buttercream Factory. Our trademarks and trade dress may not be used without prior written consent.

Design Ownership: Unless explicitly agreed upon in a separate written contract, The Buttercream Factory retains all intellectual property rights to the original, non-client-provided design elements, techniques, and artistic arrangements utilized in fulfilling the custom order. You may not reproduce or sublicense the unique final design created by us without our express written consent.

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3. Orders, Pricing, and Account Responsibility

A. Product Descriptions: We attempt to be as accurate as possible in the descriptions of our products, including ingredients. However, we do not warrant that descriptions are entirely accurate or error-free. B. Pricing: All prices are subject to change without notice. We reserve the right to refuse or cancel an order if there is an error in pricing or product availability. C. Customer Account Responsibility: You are responsible for maintaining the confidentiality of your account and password and for accepting responsibility for all activities that occur under your account.

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4. Limitation of Liability and Force Majeure

A. Limitation of Liability (General): In no event shall The Buttercream Factory, nor its directors, employees, or suppliers, be liable for any indirect, incidental, or punitive damages. B. Limitation of Liability (Food Allergies): We make every effort to prevent cross-contamination in our kitchen, but we operate under the understanding that we cannot guarantee any item is entirely free of allergens such as nuts, dairy, gluten, soy, or eggs. By purchasing, you agree to assume all risk associated with food allergies. C. Force Majeure: We shall not be liable for any delay or failure in performance where the delay or failure is due to causes beyond our reasonable control, including but not limited to power outages, equipment failure, fire, floods, accidents, supplier delivery failures, or extreme weather conditions.

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5. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States. Any dispute relating to your visit to the website or products you purchase shall be submitted to confidential arbitration in Fresno, Texas.

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6. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach the Terms.