Section 9(B) - Pricing and Payment Terms for CelebrationIQ Consumers
Consumer ordering cakes, agree:
You must provide all information required for the CelebrationIQ Provider to complete the chosen cake on time and accurately. You agree that all information that You provide in connection with Your Order will be accurate, current and complete. Verification of information may be required prior to the acknowledgment or completion of any Order. Please review Your Order carefully before You place it. You grant DecoPac the right to provide any information You submit to or through the Service to third parties for the purposes of facilitating the completion of Transactions initiated by You or on Your behalf.
By submitting an Order, You agree to pick up the cake on time as specified by You at the time of order using the chosen CelebrationIQ Provider’s hours of operation and cake pick-up times as described on the Service. Orders that are prepaid and are not picked up by Customer on the applicable pickup date will not be eligible for a refund.
By submitting an order, You agree to pay for the cake at the price indicated on the Service at the completion of the Order. The price reflects all charges indicated by the CelebrationIQ Provider pertaining to the Order. If payment is not submitted at the time of order, You will pay for the cake at the CelebrationIQ Provider’s location at pickup. NO MONETARY TRANSACTION WILL TAKE PLACE BETWEEN CONSUMERS AND DECOPAC. ALL CAKE-RELATED TRANSACTIONS BETWEEN YOU AND A CELEBRATIONIQ PROVIDER WILL TAKE PLACE AT THE SELECTED CELEBRATIONIQ PROVIDER’s LOCATION AND/OR THROUGH SUCH PROVIDER’S PAYMENT PROCESSOR.
Orders may include products that incorporate images and designs that are subject to licenses granted by third party licensors to DecoPac and/or CelebrationIQ Provider (“Licensed Products”), or that incorporate designs, artwork and other materials that have been developed by DecoPac or an Affiliate of DecoPac (“Proprietary Designs”). You acknowledge and agree that You have no right to edit, alter, modify, copy, excerpt, or rearrange any existing artwork of any Licensed Products or Proprietary Designs. DecoPac shall have no liability for any violation, infringement or misappropriation that arises out of, results from, or relates to Licensed Products. DecoPac reserves the right to bring a claim for violation of intellectual property rights for the infringement or misappropriation of Proprietary Designs
We strongly encourage Customers and CelebrationIQ Providers to work together to resolve issues. DECOPAC IS NOT LIABLE FOR DISPUTES ARISING FROM ISSUES THAT OCCUR BETWEEN A CELEBRATIONIQ PROVIDER AND A CUSTOMER. Such disputes or issues for which we bear no responsibility or liability include (but are not limited to):
On-time readiness of Order by the CelebrationIQ Provider;
Payment from the Customer to the CelebrationIQ Provider; and
Ability of the Customer to enter into binding contracts.
Pricing. Pricing for Transactions shall be as set forth by the CelebrationIQ Provider on the Service, which pricing may be changed by the CelebrationIQ Provider from time to time. DecoPac does not warrant prices set forth by CelebrationIQ Providers.
Transaction Confirmations. If You do not receive a confirmation number (in the form of a confirmation page or email or text) after submitting Your Order, or if You experience an error message or service interruption after submitting Your Order, it is Your responsibility to confirm with the CelebrationIQ Provider whether or not Your Order has been received. Further, if you do not receive a confirmation email or text that Your Order was accepted by the CelebrationIQ Provider, it is Your responsibility to confirm with the CelebrationIQ Provider that your Order has been accepted. Finally, you will receive an email or text confirmation when your cake or other bakery food item is ready for pick up. If you do not receive such confirmation, it is Your responsibility to confirm with the CelebrationIQ Provider.
Payment. Payment for Your Order will be made at the CelebrationIQ Provider’s location at the time of pick-up of Your Order or through the CelebrationIQ Provider’s payment processor. No payment is accepted by DecoPac. If You have any questions regarding acceptable forms of payment, contact the CelebrationIQ Provider directly.