TERMS and CONDITIONS
BHBC WEDDINGS, LLC DBA ROSCULPTED, LLC

TURNAROUND TIME
Due to extended shipping times for our premium ingredients, this is the minimum booking time:
Birthday cakes need 10 days notice.
Event cakes need minimum 1 month notice, pending availability.
Wedding cakes are usually booked up to 1 year in advance, so early booking is encouraged,
but we require a minimum lead time - 1 month, pending availability.
We do not currently take appointments at our Baking Studio.

WEDDING RUSH ORDERS – PENDING AVAILABILITY
Less than 30 days notice - add 25% of your order value
Less than 15 days notice - add 50% of your order value

ALLERGY DISCLAIMER
Please be aware that all ingredients are processed on the same equipment (eggs, soy, wheat, nut). 
Although we have strict processes in place to prevent cross-contact, there is still a risk of the presence of any allergen. “GF / DF“ is NOT guaranteed, as our facility processes all allergens.
Our products that are commercialized as GF / DF are safe for those who avoid gluten and dairy on a principle basis, not on a medical diet basis.

DESIGN DEVELOPMENT AND VARIATIONS
Although we make every attempt to provide an exact 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.
Also be aware the exposure to light can cause colors to change, and so can cameras.
We do not offer discounts or refunds if the exact shade of a color is not achieved or if a variation occurs due to storage or light, or if the design is slightly altered from the original design for structural reasons (particularly for the 3D carved and sculpted cakes). In the event that a major variation needs to be made for structural / delivery / other objective reason, we will communicate this to you and seek re-design approval.

CARE AND HANDLING
PROSCULPTED, LLC is not responsible for any damage to the cake after pick-up or after delivery and setup is complete.
The client is responsible for providing an appropriate and secure table and environment for the cake(s), unless otherwise specified in the written agreement (contract).
Cakes are heavy and require a sturdy table, and optimal room temperature of 65 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 PROSCULPTED, LLC.

FRESH FLOWERS USE
We do not use fresh flowers in cake decor.

THIRD PARTY DÉCOR SERVICE
PROSCULPTED, LLC does not deliver blank cakes, unless they are served as handed.
All cakes baked by PROSCULPTED, LLC are decorated by PROSCULPTED, LLC, without a third party involvement in decorating the cake, due to food handling safety protocols and liability reasons.

DEPOSITS, PAYMENTS, CANCELLATIONS
To secure your event date on our calendar, we require a non-refundable date reservation fee of 50% of the total estimate for your order. The purpose of this non-refundable date reservation fee is to secure us as your vendor.
Be advised that we cannot guarantee our availability for your event unless we have received this fee.

The 50% difference is required 30 days before the day of the event, at the latest, unless otherwise specified in writing. Any changes to the order must be made no later than 30 business days prior to pick-up / delivery.
Any changes requested after the signing of the contract cannot be guaranteed and may be subject to additional charges. If full payment is not received by the due date (booking date or 30 days prior to the event), the order will be cancelled and the non-refundable reservation fee will not be refunded.

Orders under $500 must be paid in full on the booking date. This one payment represents the non-refundable date reservation fee and is non-refundable in case on cancellation.
Orders over $500 may be paid 50% upon booking and 50% 30 days before the event.

All reservation fees are non-refundable. There will be no credit given for orders cancelled inside of 30 days. For cancellations with more than thirty days notice, credit may be given for a future order, less the fair market value of items purchased for your order that cannot be re-used and perishables. 
This offer is subject to the new date being available.
 

REFUND POLICY
All sales are final. PROSCULPTED, LLC will not offer refunds or exchanges for custom products that meet our quality standards once a cake has been picked up/delivered and “Accepted” by you or another designated party. Additionally, under no circumstances will PROSCULPTED, LLC provide a refund in excess of the cost of the order. If there will be any refund offered, it will be in the form of credit for future orders.

Refund requests due to decorating style, color shade or general decoration design will not be honored or considered. We only give refunds if the product does not meet the quality standard, size, and general description detailed in the order / order design sketch.

Cake flavor and texture is subjective. Refunds requested due to flavor or texture after the cake has been accepted and picked up will be at the sole discretion of PROSCULPTED, LLC. PROSCULPTED, LLC may consider a store credit if the product is brought back to us within 8 hours of your event, and the quality of the cake flavor or texture is determined not to meet our standards.

If you are not satisfied with your order, all uneaten items must be returned within 8 hours to PROSCULPTED, LLC, so we can assess their condition and determine if a credit may be issued for a future order. Returns will not be considered after 8 hours from pick-up or drop-off.

The remaining product must be returned (no less than 85% of the original product) to the bakery to be inspected by us before processing any refund. The customer will return the item in person to the bakery; the item will not be shipped or picked up by our staff.

No refunds will be offered for products that have been incorrectly handled, transported or stored.
No refunds will be offered based on pictures or based on customer’s claims. The product needs to be assessed by PROSCULPTED, LLC.

Please note, we do taste our cakes to insure the highest quality, and we do keep samples from the products provided to the customer for 24 hours.
Quality determination is solely at the discretion of PROSCULPTED, LLC.
Our cakes are baked from scratch with all natural ingredients, and need to be kept and stored at a temperature of 65F or lower, as they do not contain any kind of preservatives.

Keep in mind, variation in temperature and humidity may impact the flavor, overall design, or texture of the cake to some degree. We cannot control and we are not liable for changes in texture or changes in color or shape due to weather conditions – par example, if the cake is left in the sun or rain.
 

DELIVERY TERMS
For large orders, the delivery time will be confirmed one week before the date of your event. Cakes may be setup 1 day before your event for 3D carved cakes and 1-3 hours before your event for all other cakes. For outdoor events, we try to setup as close to the reception 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, road closure, or dropping of cake during delivery PROSCULPTED, LLC cannot be held liable for more than the price of the cake described in the order.
If the client or client representative is not available to receive the delivery, a re-delivery fee 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 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
The parties to this contract, namely BHBC WEDDINGS, LLC dba PROSCULPTED, LLC and the paying Client, will make all efforts, in good-faith, to resolve any disagreements in an amiable manner. A mutual agreement always proves itself to bring more value to both parties.

Failing an amiable and mutually satisfactory resolution, this Agreement shall be subject to and governed by the laws of the State of Louisiana, 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 Vivian, LA state.

Any litigation relating to this Agreement, brought by Client shall be commenced and maintained only in a Louisiana 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 PROSCULPTED, LLC is the prevailing party, it shall be entitled to recover from the Client all costs and expenses incurred in connection with any mediation, suit or other action brought pursuant to this Agreement, including, without limitation, all attorney’s fees.

COTTAGE LAW
PROSCULPTED, LLC is a trading name of BHBC WEDDINGS LLC,
and operates under the Cottage Law of the State of Louisiana.