TERMS & CONDITIONS

Cherished Cake Toppers LLC
Denton, Texas
Last Updated: 02/23/26


1. Acceptance of Terms

By accessing this website, submitting an inquiry, uploading reference materials, or purchasing a product from Cherished Cake Toppers (“Designer”), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Electronic acceptance of these Terms, including acknowledgment via required checkbox at checkout or submission, constitutes a legally binding agreement.

Client affirms that they are at least eighteen (18) years of age and legally capable of entering into a binding contract.

If you do not agree to these Terms, you may not use this website or purchase products.


2. Product Description & Artistic Interpretation

All cake toppers are custom, made-to-order pieces created in the Designer’s unique artistic style.

Toppers are 3D printed in PLA plastic, hand-assembled, and hand-painted.

Each topper is a stylized artistic interpretation and not a photorealistic replica. Fine details such as lace patterns, embroidery, facial features, textures, or exact likeness may be simplified to preserve structural integrity, durability, and artistic consistency.

By purchasing, Client acknowledges and accepts this artistic interpretation.


3. Custom Nature of Product & Final Sale Policy

All toppers are custom-made and created specifically for the Client.

Design work is deemed to begin upon initial digital drafting, modeling, structural preparation, or design layout work.

All sales are final once design work has begun.

Payments are non-refundable after design commencement.

Client acknowledges that custom, made-to-order goods are generally exempt from refund under applicable consumer protection laws.

Client agrees not to initiate chargebacks, payment disputes, or reversals for custom products once design work has started. In the event of a payment dispute, Designer reserves the right to submit these Terms, proof of digital acceptance, design approvals, and production documentation as evidence of agreement.


4. Payment Terms

Full payment is required before any design, scheduling, or production begins.

Orders are not placed into production until payment is successfully received and confirmed.

Designer reserves the right to refuse or cancel any order prior to design commencement and issue a full refund at her sole discretion.


5. Right to Refuse Service

Designer reserves the right to refuse, decline, or cancel any order that:

Service decisions are based solely on project feasibility, creative alignment, and business policy compliance, and not on any legally protected characteristic.

If service is declined prior to design commencement, a full refund will be issued.


6. Client Responsibilities & Required Materials

Client must provide:

Optional but recommended:

Production will not begin until all required materials are received and confirmed.

Delays in providing required materials may result in adjusted production timelines, and Designer shall not be responsible for missed event dates caused by such delays.

Client is solely responsible for the accuracy and completeness of all submitted information.


7. Reference Images & Permissions

By uploading reference images, Client represents and warrants that they have the legal right and permission to share such images.

Designer is not responsible for copyright disputes arising from unauthorized image submissions.

Unless Client requests otherwise in writing, Designer reserves the right to use images of completed toppers for portfolio, website, and marketing purposes.


8. Design Approval & Revisions

Client will receive a digital preview prior to production.

The preview reflects structure, pose, proportions, and overall form only. Final paint and finishing details may vary slightly.

Purchase includes up to two (2) minor revisions.

Minor revisions include small adjustments to outfit elements, slight facial refinements, or minor hairstyle modifications.

Major changes (including pose changes, structural alterations, full redesigns, or substantial feature modifications) may incur additional fees.

Written approval may include email, text message, direct message, or other documented electronic communication.

Once written approval is provided, structural changes cannot be made.

By granting final approval, Client acknowledges satisfaction with the artistic interpretation and waives claims related to likeness or stylistic interpretation.


9. Production Timeline

Production (printing, assembly, painting, and sealing) requires up to five (5) to ten (10) business days after final approval and confirmation of required materials.

Shipping transit typically requires approximately five (5) to ten (10) business days.

All timelines are estimates and are not guaranteed unless explicitly agreed to in writing.

Event dates do not alter production timelines unless rush service is purchased and confirmed in writing.

Client is responsible for placing orders with sufficient lead time.

Rush service may be available for an additional fee, subject to availability and written confirmation.

Rush production shortens production time only and does not guarantee shipping carrier performance.


10. Force Majeure

Designer is not liable for delays caused by circumstances beyond reasonable control, including but not limited to illness, family emergency, equipment failure, supply shortages, power outages, natural disasters, governmental actions, or shipping carrier delays.

In such cases, timelines may be reasonably extended.


11. Shipping Responsibility

Client is responsible for providing accurate shipping information.

Risk of loss transfers to Client upon delivery of the package to the shipping carrier.

Designer is not responsible for delays, loss, or delivery errors resulting from incorrect or incomplete address information.

Once the package has been transferred to the shipping carrier, Designer is not responsible for carrier-related delays.

Local pickup in Denton, Texas may be offered at Designer’s discretion. Upon transfer of possession during local pickup, Client assumes full responsibility.


12. Shipping Damage Policy

Client must notify Designer within forty-eight (48) hours of delivery if damage is suspected and provide clear photos of:

Claims submitted after forty-eight (48) hours may be denied.

If transit damage is confirmed, Designer will remake and reship the topper one (1) time at no additional cost.

Designer is not responsible for damage caused after delivery due to mishandling, dropping, heat exposure, moisture exposure, outdoor use, or improper storage.


13. Material & Heat Disclaimer

Toppers are printed in PLA plastic.

PLA may soften or warp at approximately 140°F (60°C) or higher.

Products are not intended for outdoor use or prolonged exposure to heat, direct sunlight, or moisture.

Client assumes responsibility for proper storage and environmental conditions after delivery.


14. Food Safety Disclaimer

Toppers include a clear plastic barrier separating decorative elements from direct contact with cake surfaces.

Toppers are decorative only and not edible.

Designer is not responsible for food handling practices after delivery.


15. Intellectual Property

All designs, 3D models, digital files, concepts, poses, structural bases, artistic elements, and creative processes remain the sole and exclusive intellectual property of the Designer.

Purchase grants ownership of the physical topper only.

No ownership rights in digital files, underlying designs, or reproduction rights are transferred.

Designer retains the unrestricted right to recreate, reproduce, modify, adapt, and resell similar designs unless a separate written exclusivity agreement is executed.

Client may not reproduce, scan, reverse engineer, commercially manufacture, distribute, or authorize third parties to replicate the topper design.


16. Limitation of Liability

Designer’s total liability shall not exceed the amount paid for the product.

Under no circumstances shall Designer be liable for indirect, incidental, consequential, event-related, emotional, special, or exemplary damages, including but not limited to venue costs, travel expenses, replacement cake costs, or other event-related losses.


17. Indemnification

Client agrees to indemnify and hold Designer harmless from any claims, damages, or liabilities arising from:


18. Governing Law

These Terms & Conditions are governed by the laws of the State of Texas.

Any disputes shall be resolved in a court of competent jurisdiction located in Denton County, Texas.


19. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede prior communications.

Designer reserves the right to update these Terms at any time. Continued use of the website constitutes acceptance of any revisions.

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