Our Guarantee
Ms. Toy’s Peach Cobblers will provide delicious southern desserts in a timely manner. We appreciate your business, and we are honored that you have chosen us. We guarantee that the flavors, size, and general design elements will be met as outlined. If you are not satisfied with our product(s) please let us know at the time you receive your order.
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
Ms. Toy’s Peach Cobblers will not offer refunds or exchanges for custom products that meet our quality standards once a cobbler, pudding, and pie has been picked up/delivered and “Accepted” by you or another designated party. Additionally, under no circumstances will Ms. Toy’s Peach Cobblers provide a refund more than the cost of the order. All products are the responsibility of the customer once they leave 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.
Cobbler, pudding, and pie flavor and texture is subjective. Refunds requested due to flavor or texture after cobbler, pudding, and pie has been accepted and picked up will be at the sole discretion of Ms. Toy’s Peach Cobblers. Ms. Toy’s Peach Cobblers may consider a store credit if the product is brought back to us and the quality of the cobbler, pudding, and pie flavor or texture is determined not to meet our standards within 24 hours of your event. Please note, we do taste our cobblers, pudding, and pies daily to ensure the highest quality. Quality determination is solely at the discretion of Ms. Toy’s Peach Cobblers. Our cobblers, puddings, and pies are baked from scratch with all natural 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 cobbler, pudding, and pie 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 an exact design and to match colors, custom cobblers, puddings, and pies 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. 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. If a major variation needs to be made Ms. Toy’s Peach Cobblers will communicate this to the customer and seek re-design approval.
Care and Handling
We are not responsible for any damage to the cobbler, pudding, and pie after pick-up or delivery. The client is responsible for providing an appropriate and secure table and environment for the cake(s). Cobblers, puddings, and pies are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below.
Deposits, Payments, Cancellations
For online orders, all sales are final. Refunds will not be issued. However, each order will be shipped by USPS Priority Mail or Common US Carrier with insurance and tracking. If an order is damaged in transit by the carrier, you will be assisted with the claim to get a replacement. Order credits may be 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 $200.00. The remaining balance is due ten (10) business days prior to the delivery date. Any changes to this order must be made no later than five (5) business days 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 $200.00 payment is due 10 business days prior to the order completion date.
All deposits are non-refundable. There will be no credit given for orders cancelled inside of ten (10) business days. For cancellations with more than ten (10) business days’ notice, credit may be given for a future order, less the fair market value of items that cannot be re-used. This offer is subject to the date being available.
If full payment is not received by the due date, the order may be cancelled.
Delivery Terms
The delivery time will be confirmed two (3) business days before your event date. Cobblers, puddings, and pies maybe set up 1 hour before your event.
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 cobbler, pudding, and pie during delivery — Ms. Toy’s Peach Cobblers cannot be held liable for more than the price of the cobbler, pudding, and pie 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 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 Commonwealth of Virginia. Any litigation relating to this Agreement, brought by Client shall be commenced and maintained only in a federal or Texas 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 Company 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.
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