Terms of Use

Effective as of February 2025

Welcome to Marjan Cakes & Desserts (“Company”, “Our”, “Us”, “We”). The following terms and conditions, together with any documents they expressly incorporate by reference, constitute an agreement between the Company and You (the visitor/individual) and govern Your access to and use of www.marjancakesanddesserts.com (“Site), including any content, functionality and services offered on or through the Site. 

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy. Please read the Privacy Policy carefully to understand how We collect, use and disclose personal data from Our users. If You do not wish to agree to these Terms of Use or the Privacy Policy, You must not access or use the Site.

License to Use the Site

We are pleased to grant you a non-exclusive, revocable, limited license to use the Site solely for Your personal and non-commercial use. You may only use the Site in the manner in which the content You access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Site without the express written consent of Marjan Cakes & Desserts. You may not use the Site or any of its content to further any commercial purpose, including any advertising or advertising revenue generation activity on Your own website or in any other form or medium.

By using the Site, you represent that You are not a person barred from using the Site under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through Your use of the Site unless expressly reserved in these Terms of Use.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately once posted and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

Privacy and Communications

We respect Your privacy. By accessing or using the Site you acknowledge that your information, including personal data, will be processed in accordance with Our Privacy Policy.

You consent to receive communications from Us, whether required by law or otherwise, either by email if You have provided us with your email address, or by notice posted on the Site as determined by Us at our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to You by Us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering You or Your network provider may apply to communications We send to an email address that You provide to Us.

Law and Jurisdiction

These Terms of Use and any dispute that may arise between You and Marjan Cakes & Desserts shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Products and Service

The Company creates custom cakes and provides desserts and services to meet Your unique occasion needs. We will work with You to design the specific cake décor and/or dessert table You desire, based on photos and collaborative ideas. Recreating a cake from a photo, including artwork and color matching are not guaranteed, but We will make every attempt to create Your desired cake.

Order Acceptance and Cancellation

  • The Site allows you to inquire about Our products and services. We will establish private correspondence with You to discuss Your product and service needs.  You agree that, under these terms, the subsequent order You place is an offer to buy all products and services listed in Your order. All orders must be accepted by the Company or We will not be obligated to sell the products or services to You.

  • We require a one-week minimum notice on all orders, however when possible, We will do our best to accommodate orders received within that timeframe.

  • Orders that include edible images require a two-week notice. Any orders for edible image work received with in that timeframe will incur an addition cost determined at the time the order is placed.

  • At Our sole discretion:

    • We may choose not to accept an order.

    • We may request a non-refundable 50% deposit on certain orders.

  • The Site does not offer any electronic payment functionality. Online orders are not available for any products or services.

  • Form of payment will be agreed upon in correspondence between You and the Company.  This will include, but is not limited to, cash, personal check, Venmo or Zelle.

  • You can cancel your order up to 72 hours prior to the delivery or pickup date. We will do our best to accommodate any changes, however, if the product has already been prepared and/or delivered, We may not be able to accommodate your request. Please use the communication chain established during Your order process to cancel or make any change requests.

  • We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Site. We may, in our discretion, require further authorization from You, such as a telephone confirmation of your order or request additional information, to process Your order. We reserve the right to cancel or delay any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to prosecute offenders to the fullest extent of the law.

Prices

  • All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Your order confirmation. Price increases will only apply to orders placed after such changes.

  • We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such errors. The inclusion of any  products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time.

  • We will arrange for local delivery of the products to you within the Los Angeles County area. Local delivery areas are subject to change. A delivery fee will be quoted at the time the order is placed.

  • Should you choose to pick up Your order or provide alternate transportation for Your product(s), please make sure you can transport all items safely on a flat surface. Once the product(s) leave Our premises, You accept all responsibility for the transport of product(s). We do not provide refunds for any damage caused to the product(s) during transportation.

Returns and Refunds

  • Given the custom and perishable nature of Our products, Marjan Cakes & Desserts does not accept returns, exchanges, and/or grant returns and refunds under any circumstances, once the order has been received by You or Your representative.

  • As a policy, we do not offer refunds for delivery delays due to weather, mechanical error, strikes, natural disaster, inaccurate delivery information, or similar reasons that are outside of our control.

Contact

Marjan Cakes & Desserts is committed to providing quality products and professional service to all of Our clients. In the event You are not satisfied with Your experience, We ask that You contact Us to discuss the situation. Please send a message via the Contact page.