Terms of service

Overview

Welcome to Harucake. The terms “we,” “us,” and “our” refer to Harucake. We operate this website, store, and related content, features, tools, products, and services (collectively, the “Services”) to provide our customers with an online shopping and ordering experience. Our store is powered by Shopify, which enables us to offer the Services to you.

These Terms of Service, together with any policies referenced in these Terms, describe the rules, rights, and responsibilities that apply when you use our Services. Please read them carefully, as they include important information about your legal rights and address matters such as disclaimers and limitations of liability.

By accessing, browsing, using, or purchasing through our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use or access our Services.

1. Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any of your minor dependents to use the Services through an account or device under your control.

In order to use certain parts of the Services, including browsing our online store or placing an order, you may be asked to provide information such as your name, email address, billing details, payment information, and pickup or delivery information. You represent and warrant that all information you provide is accurate, current, complete, and lawfully provided.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or otherwise grant access to your account to any other person without our permission.

2. Our Products

We make reasonable efforts to present our products as accurately as possible through our website and other official channels. However, colors, textures, decoration details, and overall appearance may vary due to photography, lighting, screen settings, and the handcrafted nature of our products.

Because our cakes and desserts are made by hand, slight variations in color, design, decoration, finish, and other visual details are expected. We do not guarantee that any product will be identical to the images shown on our website or identical to any inspiration or reference image provided by a customer.

All product descriptions, offerings, pricing displays, and availability are subject to change without notice at our discretion. We reserve the right to discontinue any product at any time and to limit quantities sold to any person, household, or order.

3. Orders

When you place an order through our Services, you are submitting an offer to purchase. We reserve the right to accept, decline, cancel, or limit any order at our discretion. An order is not deemed accepted until payment has been received and we have confirmed the order.

Unless otherwise stated on our website, our products are made to order and generally require a minimum of 3 days’ advance notice. Orders must be placed through our website unless we expressly approve another ordering method. We do not guarantee that we can review, process, or accommodate requests submitted through Instagram direct message, email, phone, or any other unofficial channel.

Please review your order carefully before submitting it, including product selection, design details, pickup or delivery information, spelling, dates, and any other order-specific instructions. Once an order has been placed, changes or cancellations may not be possible, especially after production has begun or materials have been purchased or allocated.

We reserve the right to refuse, cancel, or limit any order for any lawful reason, including suspected fraud, pricing errors, availability issues, fulfillment limitations, or suspected resale activity.

4. Pricing and Billing

All prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed and confirmed.

Unless otherwise expressly stated, listed prices do not include applicable taxes, delivery fees, third-party courier fees, or other additional charges. You agree to provide current, complete, and accurate billing, purchase, and payment information for all transactions made through our Services.

By submitting payment information, you represent and warrant that: (i) the payment information you provide is true, accurate, and complete; (ii) you are authorized to use the payment method provided; and (iii) you will pay all charges incurred at the prices and rates in effect at the time of purchase, including applicable taxes and fees.

5. Pickup, Delivery, and Timing

Any pickup time, pickup window, delivery estimate, or delivery window provided by Harucake is an estimate unless we expressly state otherwise. We are not responsible for delays caused by traffic, weather, third-party couriers, technical issues, customer unavailability, or other circumstances beyond our reasonable control.

For pickup orders, you are responsible for arriving during the selected pickup window or coordinating with us in advance if an issue arises. We are not responsible for product deterioration, quality changes, or damage resulting from late pickup, extended time outside refrigeration, improper transport, or improper storage after pickup.

If we offer delivery, courier handoff, or other third-party transfer arrangements, responsibility for the order may pass to you once the order has been delivered or transferred to you, your representative, or the designated carrier, except as otherwise required by applicable law.

6. Returns, Refunds, and Cancellations

Your purchases are also subject to our Refund Policy. Because our products are perishable and made to order, all sales are generally final.

We do not accept returns or exchanges for cakes, desserts, or other perishable products once they have been picked up, delivered, or otherwise received. Refunds, store credits, or remakes may be offered only in limited circumstances and at our discretion.

We are not responsible for damage, deterioration, or quality issues that occur after pickup, delivery, or receipt of the order, including issues caused by transportation, handling, delayed pickup, improper storage, or conditions outside our control.

Cancellation or change requests are considered on a case-by-case basis, but may be declined once production has begun or materials have been purchased or allocated for your order.

7. Custom Cakes and Design Requests

We make reasonable efforts to reflect custom design requests as closely as possible. By placing a custom order, you acknowledge and agree that our cakes are handcrafted and that slight variations in color, shape, texture, proportion, lettering, floral placement, and other decorative details may occur.

Reference images are used for inspiration only and are not guaranteed to be copied exactly. Harucake retains artistic discretion in interpreting and executing custom designs while making reasonable efforts to preserve the overall style, theme, and spirit of the request.

We reserve the right to decline any custom request that cannot be completed safely, practically, on the requested timeline, or in a manner consistent with our quality standards.

8. Product Care and Liability After Pickup

Once your order has been picked up or otherwise received, you assume responsibility for handling and storing the product properly. Cakes and desserts should be transported carefully and stored under appropriate conditions.

For best results, cakes should be transported on a flat surface, kept cool when appropriate, and protected from direct sunlight, sudden movement, excessive heat, and other conditions that may affect product quality or stability.

Harucake is not responsible for damage to the cake, decorations, packaging, or product quality after pickup, delivery, or transfer of the order to you, your representative, or a designated carrier.

9. Intellectual Property

All content included in or made available through the Services, including trademarks, logos, branding, text, graphics, images, video, audio, designs, layouts, and the arrangement of those materials, is owned by Harucake, its affiliates, or its licensors and is protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent, except as permitted by applicable law.

All rights not expressly granted in these Terms are reserved by Harucake. Unauthorized use of the Services may violate intellectual property laws and other applicable laws.

10. Optional Tools and Third-Party Links

We may provide access to third-party tools, applications, or services that we do not monitor, control, or manage. You acknowledge and agree that any such tools are provided “as is” and “as available,” without warranties, representations, or conditions of any kind.

Our Services may also contain links to third-party websites, platforms, or materials. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party resource, and we are not liable for any harm or damages arising from your access to or use of those third-party resources.

11. Relationship with Shopify

Harucake’s online store is powered by Shopify, which provides the e-commerce platform that allows us to offer our Services. However, all sales and purchases made through our store are transactions between you and Harucake, not between you and Shopify.

To the fullest extent permitted by applicable law, you acknowledge that Shopify is not responsible for the products or services sold by Harucake, or for disputes, losses, injuries, or damages arising from transactions between you and Harucake. Any claim relating to products purchased from our store should be directed to Harucake, not Shopify.

Because this section may be interpreted differently depending on applicable law, it should be reviewed by legal counsel before final publication if you want maximum California-specific enforceability.

12. Privacy Policy

All personal information collected through the Services is subject to our Privacy Policy. Because our store is hosted by Shopify, Shopify may also collect and process certain personal information in order to provide, maintain, and improve the Services.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

13. Feedback

If you submit reviews, suggestions, ideas, comments, or other feedback to us, you grant Harucake a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that feedback for any lawful purpose, including business and promotional purposes, without compensation to you.

You represent and warrant that your feedback does not infringe the rights of any third party and does not contain unlawful, abusive, defamatory, obscene, or otherwise objectionable material. We may, but are not obligated to, remove, edit, or decline to use any feedback at our discretion.

14. Errors, Inaccuracies, and Omissions

Occasionally, information made available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, availability, pricing, promotions, transit estimates, or other matters. We reserve the right to correct any such error, inaccuracy, or omission, and to change or update information or cancel orders if any information is inaccurate, including after an order has been submitted.

15. Prohibited Uses

You may use the Services only for lawful purposes. You may not use the Services: (a) for any unlawful, fraudulent, or malicious purpose; (b) to violate any applicable law or regulation; (c) to infringe our intellectual property rights or the rights of others; (d) to submit false or misleading information; (e) to upload or transmit malware, viruses, or other harmful code; (f) to spam, scrape, crawl, harvest, or extract data from the Services without authorization; or (g) to interfere with the security, functionality, or operation of the Services.

We reserve the right to suspend, restrict, or terminate your access to the Services if we reasonably determine that you have violated these Terms.

16. Disclaimer of Warranties

The information presented on or through the Services is provided for general informational purposes only. Although we make reasonable efforts to keep our content accurate and current, we do not warrant or guarantee the accuracy, completeness, reliability, or usefulness of any information made available through the Services. Any reliance you place on such information is at your own risk.

Except as expressly stated by Harucake, the Services and all products offered through the Services are provided on an “as is” and “as available” basis, without any representation, warranty, or condition of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, durability, and non-infringement, to the fullest extent permitted by applicable law.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free, or that defects will always be corrected. Because our products are perishable and handcrafted, we also do not guarantee that every product will meet subjective personal preferences beyond the scope of the order as accepted and fulfilled by us. Some jurisdictions do not allow certain warranty limitations, so parts of this section may not apply to you.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Harucake and its owners, officers, employees, affiliates, agents, contractors, service providers, licensors, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the Services or your purchase or use of any products from Harucake.

To the fullest extent permitted by applicable law, this includes damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, transportation-related damage after pickup or delivery, or any similar losses, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, and to the fullest extent permitted by law, Harucake is not liable for any damage, loss, or claim arising from: (a) errors or omissions in website content; (b) appearance variations inherent in handcrafted products; (c) deterioration or damage occurring after pickup, delivery, or transfer to a third party; (d) delays caused by circumstances beyond our reasonable control; or (e) misuse of the Services or improper handling, transport, or storage of products.

To the fullest extent permitted by applicable law, Harucake’s total liability to you for any claim arising out of or relating to the Services or any product purchased through the Services shall not exceed the amount paid by you to Harucake for the specific order giving rise to the claim.

Because limitation of liability clauses are treated differently across jurisdictions, this section should be reviewed by legal counsel before final publication if you want California-specific legal review.

18. Indemnification

To the fullest extent permitted by applicable law, if your misuse of the Services, breach of these Terms, violation of applicable law, or infringement of any third-party right results in a claim, loss, cost, or expense against Harucake or its related parties, you agree to be responsible for those resulting losses, costs, and expenses, including reasonable attorneys’ fees.

You also agree to reasonably cooperate with us if we require information or assistance in responding to a claim connected to your conduct, submissions, account activity, or use of the Services.

Because indemnification clauses can be interpreted differently depending on governing law and business structure, this section should also be reviewed by a lawyer before final publication.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, or limited or removed only to the extent required, and the remaining provisions will remain in full force and effect.

20. No Waiver; Entire Agreement

If Harucake does not enforce a right or provision under these Terms immediately, that does not constitute a waiver of that right or provision.

These Terms, together with any policies or rules posted on our website and expressly incorporated by reference, constitute the entire agreement between you and Harucake regarding your use of the Services and supersede prior or contemporaneous communications and understandings on that subject.

21. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Harucake may assign or transfer its rights or obligations under these Terms in connection with a business transfer, sale of assets, merger, internal reorganization, or similar transaction.

22. Governing Law

These Terms and any dispute arising out of or relating to the Services or any purchase from Harucake shall be governed by and interpreted under the laws of the State of California, without regard to its conflict of law rules.

To the fullest extent permitted by applicable law, any legal proceeding arising out of or relating to these Terms or your use of the Services shall be brought in the appropriate state or federal courts located in California, and you consent to the jurisdiction and venue of those courts.

This section should be reviewed by legal counsel if you want to confirm that the venue and governing law language is appropriate for your final business structure and operations.

23. Headings

The headings in these Terms are included for convenience and organization only and do not affect the meaning or interpretation of any provision.

24. Changes to These Terms

We may update or revise these Terms from time to time to reflect changes in our business, website functionality, policies, or legal obligations. When we do, the updated version will be posted on this page and will become effective upon posting unless a different effective date is stated.

Your continued use of the Services after revised Terms are posted constitutes your acceptance of the updated Terms. For that reason, we encourage you to review this page periodically.

25. Contact Information

If you have any questions about these Terms of Service, please contact us at info@harucakeshop.com.

Harucake
Los Angeles, California
info@harucakeshop.com