TERMS OF SERVICE
Broookies's Terms of Use Agreement
By using the Broookies.com web site (“Broookies” or the “Site”), a service of Broookies, Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of Broookies, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on August 18, 2022 for current users and upon acceptance for new users.
Broookies is owned and operated by Berryston LLC. By accessing, browsing/using or making a purchase on this website, you agree to the conditions and terms stated.
Broookies may amend these terms and conditions at their own discretion with amendments becoming effective immediately.
It is critical that these terms & conditions are read and understood before placing your order with Broookies.
CHANGES TO ORDERS
If the order's "Ships On" date (as outlined in your confirmation email) is 3 or more days away, you can cancel your own order, (pending your order hasn't already entered the food maker's fulfillment process). Follow the steps in the page FAQS.
We are experiencing an unprecedented amount of orders, which makes it difficult for us to pull an order that has already entered their production and fulfillment process. Therefore, we are unable to guarantee a cancellation or modification of an order that is shipping in less than 3 days.
If your inquiry is received less than 3 days of your order shipping, or if your order is placed within 3 days of the scheduled ship date, we will do everything in our power to accommodate your request. Changes or cancellations may not be possible if the order you are inquiring about has already entered the fulfillment process. Due to order surges, we can begin the fulfillment process a few days before your order is ready to ship.
If you need to edit the delivery address once your order has shipped, a $19 address change processing fee will apply to your order. Once an address modification is requested, the carrier requires one business day to process the change, which may delay the package. Broookies is not responsible for delays in transit caused by address modification.
There are no returns, modifications, or cancellations allowed on any items once shipped.
SHIPPING RULES AND POLICIES
Broookies delivers to all Colorado State some suburbs are excluded from our deliveries based on radius from our kitchen.
Deliveries regularly take place between Monday to Friday at 8:00pm to 8:00pm on the day selected. We do not offer delivery service on Saturdays. We are unable to prioritise any delivery addresses under any circumstances.
Broookies take enormous pride in every product we offer and strive to deliver them in the best possible condition on the requested delivery date.
While there are many things we do to mitigate the risk of shipping fresh and frozen food around the Colorado state, there are unfortunately some things outside of our control like the weather and transit delays once the package is in the hands of FedEx, UPS. As such, the shipping guidelines published on this website are not guarantees of a shipping or arrival date.
Broookies is unable to guarantee time of delivery, as this is all subject to the local carrier. Most carriers will deliver packages anytime between 8am-8pm. If you are placing an order for a time-sensitive event, we recommend placing your order early and scheduling it to arrive 2+ days before your event. A majority of our products can be frozen or refrigerated upon arrival to preserve freshness.
In anticipation of high package volumes (especially during holidays) or other uncontrollable events, we may have your order ship early to ensure that it arrives in good condition.
Broookies reserves the right to schedule the arrival of your order earlier or later than estimated to prevent delays, based on operational conditions.
Broookies is not responsible for delays in transit caused by high package volume, weather, mechanical error, strikes, natural disasters, terrorism safety control, local carrier mis-scans or inaccurate/incomplete shipping information, and we do not require a signature for the release of any shipment. Leaving a package at an address is ultimately up to the complete discretion of the individual delivery person and is therefore entirely outside our control.
Broookies does not require a signature for the delivery of most of its packages.
Customers are responsible for checking that all shipping information is correct before submitting an order as well as in their order confirmation email. If you need to modify the delivery address once your order has shipped, a $19 address change processing fee will apply to your order. Once an address modification is requested, carriers require one business day to process the change, which may delay the package. Broookies is not responsible for delays in transit caused by address modification.
There are no returns, refunds or cancellations allowed on any orders that have shipped.
All packages are shipped via UPS or FedEx and therefore we cannot ship to P.O. Box addresses.
No refunds will be made if your order is delivered outside of these delivery times as they are simply a guide.
If the recipient is unable to accept a delivery at the specified address, if it is safe to do so, the order may be left at the door at the discretion of the driver. Please note, we will not be responsible for any "melted" or "gone bad" products as it is the customers responsibility to attend to the cake within the time listed above.
If there is nowhere safe to leave the cake or the driver can not access the delivery address, the number registered with the order will be contacted. If the customer does not answer after one attempt or the contact number is incorrect, the cake will be returned to Broookies kitchen and a re-delivery fee of $20 will apply.
If the delivery address supplied by the customer is incorrect or insufficient details are provided, Broookies does not accept any responsibility for any incorrect deliveries. It is the obligation of the customer to supply accurate information when processing the order.
If a company name is not stated on the order and it is going to a company, the item is at risk of being incorrectly delivered. Broookies will not take any responsibility for this as it is the customers responsibility to ensure sufficient delivery details are provided.
Please note: By choosing to deliver to businesses/schools, you inherit the risk of it not being delivered after the opening times and before the closing times. We cannot accommodate deliveries of businesses or schools.
CAKE DESIGN
We reserve the right to substitute cake flavors and decorations on our cakes, subject to stock availability. All cakes are handmade which means slight imperfections and variations can occur. Please note, the proportion of the decorations may change on larger sized cakes.
CAKE STORAGE
We work hard to make every cake amazing, to create cakes that are delicious at first bite and best consumed when stored in a cool, dry place.
Please follow the care instructions for each cake in your order, which may vary.
If you wish to consume your cake the day following delivery, please refrigerate your cake overnight in our packaging and let it sit in a cool, dry place away from direct sunlight 5-6 hours prior to consumption.
Broookies E-gift Cards
Broookies e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in Broookies.com online catalog. The recipient of an E-Card will be notified via email. You may purchase E-Cards in US dollar denominations of $50, $500. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient’s shopping cart as a credit toward purchases on Broookies . If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with Broookies standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Referral Credits. E-Cards expire 1 year from the purchase date. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other Broookies Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if they cancel their Broookies account. E- Cards are not currency, and do not have cash value outside of Broookies . Broookies is not responsible for any unauthorized use of an E-Card.
Broookies ’s Intellectual Property
Broookies , and other Broookies graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Broookies or Berryston LLC. in the U.S. and/or other countries. Broookies ’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Privacy
Except as provided in Broookies ’s Privacy Policy, Broookies will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Broookies stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
No Guarantee
Broookies does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Broookies' control.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Broookies' service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Broookies’ Service
Broookies reserves the right to modify or terminate the Broookies service for any reason, without notice, at any time. Broookies reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Broookies will notify you via email to the email address in your account. What constitutes a “material change” will be determined at
Broookies’s sole discretion, in good faith, and using common sense and reasonable judgment.
Disclosures
The services hereunder are offered by Berryston LLC, located P.O. BOX 7612 Woodland Park CO 80863, USA.