1 AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, the customer, whether personally or on behalf of an entity (“you”) and Noble Delicious Art (“we,” “us” or “our”), concerning your access to and use of the nobledeliciousart.com website (the “Site”), orders and our products.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.

2 INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions.

3 USER REPRESENTATIONS

By using the Site, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Terms of Use;
you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Site for any illegal or unauthorized purpose;
your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4 USER REGISTRATION

To make orders quotations, you need to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5 PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6 Orders

6.1 Lead Times

6.1.1 Every-day cake, Tea time bites, all undecorated cakes and all other available Bites, cookies and similar..	Minimum one week.
6.1.2 Sugar roses, flowers and other sugar cake toppers	Depends on order size.
6.1.3 Special occasions’ cakes (excluding wedding cakes)	Minimum two week.
6.1.4 Wedding cakes	Minimum four months.

6.2 Depending on the design and how busy we are, we accept bespoke cake orders. Customers will need to fill out a quote request form on our website with all of the necessary information.

6.3 Cakes may be priced by size or servings depending on the occasion.

6.4 Wedding Cakes

6.4.1 Deposit: Non-refundable deposit of 30% of the quoted price is required when placing an order.

6.4.2 Changes: any changes to the agreed design, decorations, cake sizes, flavours, settings, colours or any other changes of the wedding cakes should be requested at least four months before the wedding date.

6.4.3 Additional charges: wedding cakes are subject to an additional charge for any extra work and supplies required.

6.4.4 Consultation: Order consultation fees may apply.

6.4.5 Free tasting: is offered for large wedding cake orders (more than 3 tiers).

6.4.6 Cake stands, decorations and supplies:

a. If we provide cake stands, decorations and other required supplies, they will be subject to a rent fee that will be calculated at the time of provision.

Deposit: A refundable deposit will be required for cake stands, decorations and supplies. The deposit will not be refunded in the case of any damage of rented items. There will be a penalty charge for any rented items are not returned within 3 days from delivery.

6.4.7 Outdoor Cake Display

Customer will be responsible for the location of the cake.
Customer will be responsible for a stable and levelled cake presentation table on which the cake is to be displayed.
Warm temperatures and conditions can melt chocolate, fresh cream and fondant covered cakes. We cannot be held responsible for any loss or damage caused by the environment in which the cake is displayed or by the customer’s cake and topping choices.

6.5 Set-up Service

6.5.1 Set-up service is only available for cakes with three or more tiers, and may incur additional fees.

6.5.2 If we are required to wait at the venue before or after the set-up, we will (or may) charge a wait time fee.

6.5.3 If our staff will be setting up the cake at the venue, we will explain (give instructions on or acquire instructions on) how the cake should be exhibited. We will need a signature from you to confirm that we’ve performed and completed the setup correctly.

6.6 Cake acceptance

Once a cake has been accepted upon delivery, pick-up or completed set-up, we are not responsible for any loss or damage that may occur thereafter.

7 Allergies

7.1 Disclaimer

Although our staff is food safe certified and in spite of using high quality ingredients for all our products, we cannot guarantee that the ingredients are free from allergens.

7.2 Customer responsibility

You are responsible for informing your guests of any allergy information accordingly and we cannot be held liable for any allergic reaction resulting from the consumption of our products.

8 Sugar roses, flowers and other sugar cake toppers

Sugar roses, flowers and cake toppers may have ingredients that are not edible (e.g. steel wire, paper tape and others) and must therefore not be eaten.

You are responsible for informing your guests of this information accordingly and we cannot be held liable for any harm resulting from the consumption of the roses, flowers and cake toppers.

9 Photography

We maintain the irrevocable and unrestricted right to use and publish photographs of your cakes or pictures in which they may be included. Examples of how we might use these photographs include advertising, display, website and internet promotion, photographic contests, public display, cake industry publications, studio display, television advertising and magazine advertising.

10 PURCHASES AND PAYMENT

10.1 Payment method

We only accept Interac e-Transfer. We will start processing your order only after receiving your payment. Sales tax will be added to the purchase prices shown on our website of purchases as deemed required by us. We may change our prices at any time. All payments shall be in Canadian dollars.

You agree to pay all charges at the prices then in effect for your purchases as well as any applicable shipping fees.

10.2 Wedding Cake Particulars

10.2.1 Full amount must be paid at least two months before delivery date.

10.2.2 If payment is not received by the due date, the order will be assumed cancelled.

10.3 Price correction

We reserve the right to correct any errors or mistakes in pricing, even if we have already received payment.

11 RETURN/REFUNDS POLICY

All sales are final and no refunds will be issued.

12 Order Cancellation

We reserve the right to cancel any placed order due to contributing factors, including but not limited to non-payment, non-cooperation and changes to the order after the required date stated in 6.4.2 above.

13 Website PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the Site.
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
engage in unauthorized framing of or linking to the Site.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
attempt to impersonate another user or person or use the username of another user.
use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
use the Site in a manner inconsistent with any applicable laws or regulations.

14 Limitation of Liability

Noble Delicious Art and its owner and staff, will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees, arising from your use of the Site.

15 Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Noble Delicious Art its owner and staff from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms of Service.

16 Contact Us

Don’t hesitate to contact us if you have any questions.

General inquiries: info@nobledeliciousart.ca

Orders inquiries: sales@nobledeliciousart.ca

Customer Service: service@nobledeliciousart.ca

Via this Link: http://NobleDeliciousArt/contact

This Privacy Policy was last updated on 5 December 2021.

Noble Delicious Art (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by Noble Delicious Art.

This Privacy Policy applies to our website, and its associated subdomains (collectively, our “Service”). By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

Definitions and key terms

To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are referenced, they are strictly defined as:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics and remember information about you such as your language preference or login information.
- Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Noble Delicious Art that is responsible for your information under this Privacy Policy.
- Country: where Noble Delicious Art or the owners/founders of Noble Delicious Art are based, in this case Canada
- Customer: refers to a person who orders products or uses Noble Delicious Art Services.
- Device: any Internet connected device such as a phone, tablet, computer or any other device that can be used to visit Noble Delicious Art to order a product or use the Services.
- IP address: Every device connected to the Internet is assigned a number known as an Internet Protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
- Personal Data / Personally Identifiable Information: any information that directly, indirectly, or in connection with other information allows for the identification or identifiability of a natural person.
- Service: refers to the service provided by Noble Delicious Art as described in the Terms of Service and on this platform.
- Website: Noble Delicious Art’s site, which can be accessed via this URL: https://NobleDeliciousArt.ca.
- You: a person or entity that is registered with Noble Delicious Art to order products or use the Services.
What information do we collect?

We collect information from you when you visit our website, register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
- Name / Username
- Phone Numbers
- Email Addresses
- Mailing Addresses
- Billing Addresses
- Password
We do not collect Debit/credit card numbers. We only accept payments via Intrac eTransfer.

Do we share the information we collect with third parties?

We do not share the information that we collect with third parties

Where and when is information collected from customers and end users?

Noble Delicious Art will only collect personal information that you submit to us while registering, ordering or requesting a price quotation.

How do we use the information we collect?

Any of the information we collect from you may be used in one or more of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs).
- To process transactions.
- To ship your order to your address when applicable.
How do we use your email address?

By submitting your email address on our website, you agree to receive emails from us. We do not send unsolicited commercial emails, because we hate spam as much as you do. Email addresses will be used for the sole purpose of sending you information and updates pertaining to your order.

How long do we keep your information?

We keep your information only so long as we need it to provide services to you and fulfill the purposes described in this policy. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can’t identify you.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied information is transmitted via Secure Socket Layer (SSL). We cannot, however, ensure or warrant the absolute security of any information you transmit to us or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.

Your consent

We’ve updated our Privacy Policy to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our site, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms.

Cookies

Noble Delicious Art uses “Cookies” to identify the areas of our website that you have visited. We use Cookies to enhance the performance and functionality of our website but they are not essential to the use of our site. However, without these cookies, certain functionality may become unavailable; for example, or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Blocking and disabling cookies and similar technologies

Wherever you’re located you may also set your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website from functioning properly, and you may not be able to fully utilize all of its features and services. You should also be aware that you may also lose some saved information (e.g. saved login details, site preferences) if you block cookies on your browser. Different browsers make different controls available to you. Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from within your browser and should visit your browser’s help menu for more information.

Changes to our Privacy Policy

We may change our Service and policies, and we may need to make changes to this Privacy Policy so that they accurately reflect our Service and policies.

Contact Us

Don’t hesitate to contact us if you have any questions.
- Via Email: service@nobledeliciousart.ca
- Via this Link: https://nobledeliciousart.ca/contact

Our Terms of Service and Privacy Policy