Terms and Conditions

The following Terms and Conditions govern your use of the website https://www.mysticalcupcakes.com website (the “Site”), ordering via the website or other methods (in-shop/bakery purchase, third-party purchase, etc.), and communication with Miss Moffett’s Mystical Cupcakes (“Miss Moffett’s”). https://www.mysticalcupcakes.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). his page supersedes any other page/document/facsimile you may have seen/agreed to or may see and acts as the sales/service contract. The following Terms and Conditions acts as a purchasing contract which does not require your written signature and which you accept by the processing of your order transaction whether via online ordering, phone payment, in-person payment, third-party contract, or another method. Processing a transaction means exchanging money or item of value, as low as $0.01 to any higher monetary amount (whether or not that monetary base is cash or trade and whether or not the exchange was direct or through a third party), with Miss Moffett’s in order to receive an order (product/service) immediately or upon an agreed to date in the future. Miss Moffett’s reserves the right to modify these terms at any time and your continued use of services indicates your acceptance of the changes. Any violation of these terms will result in loss of refund, no continued service, no future service, and potentially legal action.

Terms of Purchase & Service

By purchasing, you agree to the terms stated here. These details may be restated and otherwise expanded upon after this paragraph. You agree that consumption is at your own risk. You agree you are responsible for the consumption by yourself, other individuals, and minors under 18 years of age. Miss Moffett’s utilizes third-party services, such as Door Dash, Uber Eats, GrubHub, etc. The services are considered appropriate for handling delivery but the bakery cannot ensure quality of handling by any independent driver. Issues with the handling by the delivery service must be handled between you and the delivery service. You agree the details in the checkout cart for which you are going to or have already processed were accurate and no further details were needed. You agree by processing payment, that the details in a manually generated invoice (whether on paper or online) are accurate and no changes are needed. You agree that the bakery is not responsible for the product taste, image, or other aspects or quality after the date of delivery. You agree that should there be an inaccuracy in the order it will and must be addressed on the delivery date and that bringing the error to the attention of the bakery in order to receive a replacement, credit, or reimbursement, and inquiries made after the date of the delivery will not be accepted. Baked goods (food) delivered are made for and considered fresh for the date of the delivery. If you have any questions, please call or text Miss Moffett’s (360) 870-0377 or email [email protected].

Refund & Exchange Policy

All baked goods sales are final.
If you are unhappy with your order and/or purchase, please notify us immediately (within 24 hours) of your concern, provide proof of purchase, and your uneaten or partially eaten dessert(s), and we will do our best to remedy the situation.
No receipt, no refund. Miss Moffett’s holds the right to deny a refund on any grounds.
Any compensation provided in response to a dispute or grievance will be in the form of store credit only in the form of a gift card.
Unfortunately, we can’t offer you a return or exchange on the baked goods.
Refund requests must be made by the payor/buyer through email or in-person verification. No other contact form will be accepted. Threatening messages demanding a refund can/will be deemed as harassment and can/will be subject to legal action. You agree chargebacks are not acceptable means of obtaining a refund/reimbursement. Chargebacks in an effort to get money back without prior contact with the bakery will be challenged and you will lose your money.

Rights & Waivers

Once your items have been purchased, picked up, or delivered, it is considered “Accepted”. The customer or designated party is responsible for the items, and the bakery is not responsible for any mishandling or accidents caused.

Quality control is at the discretion of Miss Moffett and once the items have been “Accepted”, refunds will NOT be honored for flavor, texture, color shade, decorating style, and general decoration design. Store credit in the form of a digital gift card may be issued if the items are brought back to the store. You may not keep the items and receive store credit.

Please understand we cannot control changes in texture, flavor, design, color, or shape due to weather conditions.

Modifications to the Service & Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

False & Negative Remarks

In the unlikely event that a refund should be given, a refund be planned, or a refund is a potential option, the customer and all parties associated with the customer agree not to express false and/or reputation-diminishing opinion(s) about the bakery. This includes slander and harassment. This includes negative subjective opinions on product design, presentation, packaging, or flavor. This includes negative mentions of the bakery in concert with promoting a competitor’s business. This also includes but is not limited to internet-based and non-internet-based; social media posts, review sources, online directories, and mentions to family, friends, and acquaintances.

Should such content become known to Miss Moffett’s, the bakery will pursue legal action immediately. The establishment of false and/or reputation-diminishing opinion(s) in order to gain monetary, product, service, and/or other demands from Miss Moffet’s is illegal. Miss Moffet’s holds the right to challenge a review on another website by contacting the webmaster. Should false/negative be discovered content via an online source, the bakery will contact the source webmaster in an effort to have the review taken down/removed. You agree to not attempt to have it reinstated. Our bakery also holds the right to take down reviews posted on mysticalcupcakes.com or another site in which our bakery has the ability to manage reviews. You agree these Terms and Conditions supersede the terms/policies of any platform by which such commentary is placed.

You agree that holding hostage/ransom a purchase in your possession – regardless if you purchased it or another individual purchased it – a purchase that should be returned or must be returned or is asked by the bakery to be returned, and you are threatening a negative or false public commentary about the bakery is considered fraudulent and legal action will be taken.

You may ask for and may be granted a refund should a negative comment be made public on and only on the following conditions;

The has been public for less than 24 hours
The comment references only dissatisfaction with the service
The comment does not include a positive reference to a competitor of the bakery
The comment does not include absolutely false information
The comment does not include or have attached in any way a picture or video

Third-Party Delivery Services

Miss Moffett’s uses third-party delivery services to handle all order deliveries. The services could be from, Door Dash, Uber Eats, GrubHub, Delivery.com, etc. Third-party delivery services, such as those mentioned, use independent drivers (self-employed contractors) and oversee every delivery. Most delivery services require the driver to establish pick-up and establish delivery. This may or may not include the driver taking a photo of the order. The photo typically is of the delivery in which the order is placed.

Third-party delivery drivers are not expected to assist in handling the order beyond hand delivery to the door/reception of the recipient destination. Any additional services provided by the third-party driver are not considered services rendered by Miss Moffett’s and to wit, you agree Miss Moffett’s will be held harmless for any damages, improper handling, and other mishaps. In the odd instance that you receive a notification that the order was delivered successfully but you did not receive the order, please call the bakery immediately. In some instances, you may have the contact number of the driver and you can call them as well.

Though Miss Moffett’s upholds a professional appearance in the bakery, it is unable to monitor/manage third-party drivers. If you feel the driver was unprofessional in any way, we advise you to ask what delivery service drive is contracted with, their name, and the ‘gig’ name/number, then contact that service company regarding the driver. We also recommend letting Miss Moffett’s know as well so that future orders are delivered professionally. Miss Moffett’s also provides recommended handling of each order. However, the bakery ultimately cannot monitor/manage the driver’s adherence to said handling advice.

If the order appears damaged in any way, it is expected that the customer will immediately contact the bakery. It is also expected that the customer will adhere to the Damage or Incorrect Order terms.

Damaged or Incorrect Order

Should an order be delivered by a third-party delivery service (i.e. you the customer purchased delivery/ service), and it appears damaged upon arrival, it is the responsibility of the customer to take a picture and contact the bakery at the latest 5 minutes of receiving the order. Delays in attempting to contact the bakery are considered ineligible for credit or reimbursement. Should you receive the order and it is incorrect, the customer must take a picture and contact the bakery at the latest 5 minutes of receiving the order.

If the item is delivered to another party (it is your responsibility to have the recipient take a picture immediately upon opening the package). Our team will assess if the damage is on the bakery end, delivery end, or potentially fraudulent. Delays in attempting to contact the bakery are considered ineligible for credit, reimbursement, or (if possible) making another order.

Should a reimbursement/refund be processed, you agree that Miss Moffett’s is no longer obligated to assist you with the order. This includes but is not limited to; replacing the order at no charge, offering alternative options (other products), or assisting in any capacity. The order is considered refunded and the tie to Miss Moffett’s is null/void. Send damaged/incorrect order pictures to [email protected] along with your name and delivery order ID.

Ingredient/Kitchen Supply Use

Miss Moffett’s is not responsible for unclear, forgotten to mention, unspecified, or otherwise unknown an allergen due to ingredients or a kitchen supply material. You must mention this information and ensure it is on a receipt. An ingredient is any consumable substance that is used in the recipe or decoration of a bakery cake, pastry, or other food. A kitchen supply is any physical material used in preparation of, final assembly of, or otherwise used as part of making bakery food products, or for retail display, cleaning, etc.

Miss Moffett’s is not responsible for the inaccuracies, misrepresentation, unclear, or altered details of ingredients on supplier labels (packaging, web browser, paper material, etc.) You may ask for the list of ingredients used that may include potential allergens and decide upon what is stated to you by the bakery.

Miss Moffett’s is not responsible for the inaccuracies, misrepresentation, unclear, or altered details of kitchen supplies provided by and on supplier labels (packaging, web browser, paper material, etc.) You may ask for the details on the kitchen supply used that may include potential allergens and decide upon what is stated to you by the bakery.

Email Marketing and SMS Marketing

By entering your email and/or phone number in our Splango (rewards system in the shop), you agree to receive marketing email/SMS messages from our company at the email address and or number provided, including messages sent by auto-dialer. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. If you would like to stop receiving marketing or promotional communications via email/SMS from Miss Moffett’s, you may opt out of such communications by clicking on the UNSUBSCRIBE button for emails or reply STOP for SMS.

Privacy

Your use of https://www.mysticalcupcakes.com is subject to Miss Moffett’s’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.mysticalcupcakes.com or sending emails to Miss Moffett’s constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Miss Moffett’s is not responsible for third party access to your account that results from theft or misappropriation of your account. Miss Moffett’s and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Miss Moffett’s does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.mysticalcupcakes.com only with the permission of a parent or guardian.

Links to Third-Party Sites/Third-Party Services

https://www.mysticalcupcakes.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Miss Moffett’s and Miss Moffett’s is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Miss Moffett’s is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Miss Moffett’s of the site or any association with its operators.

Certain services made available via https://www.mysticalcupcakes.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the https://www.mysticalcupcakes.com domain, you hereby acknowledge and consent that Miss Moffett’s may share such information and data with any third party with whom Miss Moffett’s has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.mysticalcupcakes.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.mysticalcupcakes.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Miss Moffett’s that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Miss Moffett’s or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Miss Moffett’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Miss Moffett’s and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Miss Moffett’s or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by Miss Moffett’s from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Miss Moffett’s Content accessed through https://www.mysticalcupcakes.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Miss Moffett’s, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Miss Moffett’s reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Miss Moffett’s in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Miss Moffett’s agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MISS MOFFETT’S AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MISS MOFFETT’S AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MISS MOFFETT’S AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MISS MOFFETT’S AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MISS MOFFETT’S OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Miss Moffett’s reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Miss Moffett’s as a result of this agreement or use of the Site. Miss Moffett’s’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Miss Moffett’s’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Miss Moffett’s with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Miss Moffett’s with regard to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Miss Moffett’s with regard to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Miss Moffett’s reserves the right, in its sole discretion, to change the Terms under which https://www.mysticalcupcakes.com is offered. The most current version of the Terms will supersede all previous versions. Miss Moffett’s encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Miss Moffett’s welcomes your questions or comments regarding the Terms:

Miss Moffett’s Mystical Cupcakes
8765 Tallon Ln NE Ste L
Lacey, WA 98516
(360) 870-0377
[email protected]