Terms & Conditions
Our Guarantee
Gluten Free Goodies by Gabriela will provide a professionally decorated dessert in a timely manner as specified in the invoice or contract. We appreciate your business and we are honored that you have chosen us for your gluten-free dessert needs. We guarantee that the flavors, size, and general design elements will be met as outlined in prior communications. If you are not satisfied with our product(s) please let us know at the time you receive your order. Once your order is accepted*, refunds will not be considered.
Allergy Disclaimer
Please be aware that although we have strict processes in place to prevent cross-contact there is still a slight risk of the presence of any allergen.
Refund Policy
Gluten Free Goodies by Gabriela will not offer refunds or exchanges for custom products that meet our quality standards once a product has been picked up/delivered and “Accepted” by you or another designated party. Additionally, under no circumstances will Gluten Free Goodies by Gabriela provide a refund in excess of the cost of the order. All products are the responsibility of the customer once it leaves our possession. 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 flavor, size, and general description detailed above.
Where we cancel the booking due to illness or any other unforeseen circumstance that affects the ability to deliver the ordered product, the deposit will be refunded within seven (7) days of notification to the Customer.
Flavor and texture is subjective. Refunds requested due to flavor or texture after product(s) has been accepted and picked up will be at the sole discretion of Gluten Free Goodies by Gabriela. Gluten Free Goodies by Gabriela may consider a store credit if the product is brought back to us and the quality of the flavor or texture is determined not to meet our standards within 24 hours of pickup/ delivery. Please note, we do taste our product daily to insure the highest quality. Quality determination is solely at the discretion of Gluten Free Goodies by Gabriela. Our products are baked from scratch with all gluten free ingredients, and need to be kept out at room temperature for at least an hour prior to serving. Keep in mind, variety in temperature and humidity may impact the flavor, overall design, or texture of the product to some degree. Please understand we cannot control changes in texture or changes in color or shape due to weather conditions.
Design Variations
Although we make every attempt to provide a close match to the requested design, we will not make a direct copy of the inspiration images provided. 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. We do not offer discounts or refunds if the exact shade of a color is not achieved or if a variation occurs due to lighting. In the event that a major variation needs to be made Gluten Free Goodies by Gabriela will communicate this to the customer and seek re-design approval.
Care and Handling
We are not responsible for any damage to the dessert after pick-up or after delivery is complete. The client is responsible for providing an appropriate and secure table and environment for the dessert(s). Products are sometimes heavy and will require a sturdy table, and optimal room temperature of 72 degrees or below and out of sunlight, strong lighting, or studio lights.
If you or your representative elects to pick up and set up the product(s), you assume all liability and responsibility for the condition of the product(s) once it leaves the possession of Gluten Free Goodies by Gabriela.
In the case of fresh flower usage on any product, the responsibility of the flower safety and safe food practices will rest with the florist and not with Gluten Free Goodies by Gabriela. The person placing this order should obtain a notice of plant safety, in question, from the florist.
Gluten Free Goodies by Gabriela is not responsible for any damage to the product(s) caused by the placement of flowers by another party or other items on the product(s).
Deposits, Payments, Cancellations
All sales are final. Refunds will not be issued. Order credits maybe given if the order is cancelled with 3 days’ notice. Orders cancelled with less than 3 business days notice will not be refunded or credited.
For custom orders: A deposit of 50% and a signed contract is required to consider this an order and contract for services to be rendered over $100.00. The remaining balance is due four (4) business days prior to the delivery date. Any changes to this order must be made no later than seventy-two (72) hours prior to delivery. Any changes requested after the signing of this contract cannot be guaranteed and may be subject to additional charges. For orders less than $100.00 payment is due upon receipt of your order confirmation.
All deposits are non-refundable. There will be no credit given for orders cancelled inside of the seventy-two (72) hour window prior to delivery or pickup. For cancellations with more than seventy-two (72) hour notice, credit may be given for a future order, less than fair market value of items that cannot be re-used. This offer is subject to the future date being available.
If full payment is not received the due date, the order may be cancelled. Final payments are due on the date specified in the invoice. An additional 15% late fee will be charged each day the final payment is late.
Delivery Terms
We offer delivery for certain destinations. Delivery is charged at our discretion.
Delivery will be carried out in a safe and appropriate manner. Once delivered to the customer and change of hands has been completed with the product(s) in appropriate condition, it is then up to the customer to store and care for the product(s) as per our instructions. If anything is to happen to the product(s) after this exchange, we are not liable for any damages.
The delivery time will be confirmed forty-eight (48) hours before your event date. Products may be setup 1-3 hours before your event. 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, or dropping of product(s) during delivery — Gluten Free Goodies by Gabriela cannot be held liable for more than the price of the product(s) described in this 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
This Agreement shall be subject to and governed by the laws of the State of Texas, 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 the State of Texas. Any litigation relating to this Agreement, brought by the Client shall be commenced and maintained only in a federal or Texas state court located nearest to Gluten Free Goodies by Gabriela’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 Gluten Free Goodies by Gabriela is the prevailing party, it shall be entitled to recover from the Client the reasonable costs and expenses incurred in connection with any mediation, suit or other action brought pursuant to this Agreement, including, without limitation, reasonable attorney’s fees.
Resolution of Disputes.
All claims, disputes, and other matters in question arising out of or relating to this Agreement, or the breach of this Agreement (in any event, a “Dispute”) shall first be submitted to non-binding mediation in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Unless agreed upon by the parties, the mediator shall be selected by the Alternative Dispute Resolution Section of the Dallas County Bar Association. The mediator may offer such guidance as the mediator deems appropriate to facilitate the resolution of the Dispute.
*For all intents and purposes, an accepted order means that you have seen the product, approved of the product’s state/ quality at the time of pickup or delivery, and have taken the product.