Terms of service

Welcome to Bite Cheesecakes & Bakery! The terms “we”, “us” and “our” refer to Bite Cheesecakes & Bakery. We operate this store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify.

These Terms of Service (the “Terms”), together with the policies referenced herein, describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state or province of residence and you have consented to allow any minor dependents to use the Services on devices you own or manage. You may be asked to provide information (e.g., email, billing, payment, and shipping info). You warrant that all information is accurate and that you have the right to provide it. You are responsible for maintaining the security of your credentials and all activity under your account. You may not sell, assign, or license your account.

SECTION 2 – OUR PRODUCTS (PERISHABLE / MADE-TO-ORDER)

We bake all cheesecakes fresh to order. While we make every effort to display products accurately, colors/appearance can vary by device settings and lighting. We do not warrant that products will meet your expectations or match images in every detail. Descriptions, ingredients, and availability may change without notice. We may discontinue products or limit quantities to any person, region, or jurisdiction.

Allergen notice: Products may contain dairy, eggs, gluten, nuts (including pistachio), and other allergens. Cross-contact can occur despite best practices. Please review product details and contact us with questions before ordering.

SECTION 3 – ORDERS

Placing an order is an offer to purchase. We may accept or decline any order at our discretion. Your order is accepted only after we confirm and process payment. Please review your order carefully; due to our production schedule for perishable items, we may be unable to accommodate changes after acceptance. If we decline or cancel an order, we will attempt to notify you using the contact details provided.

Your purchases are subject to our Refund & Return Policy. You represent that purchases are for personal/household use and not for resale or export.

SECTION 4 – PRICES AND BILLING

Prices, promotions, and discounts may change without notice. The price charged is the price in effect at the time of order and appears in your confirmation email. Unless expressly stated, prices exclude taxes, shipping, handling, and other fees. You agree to provide current, complete, and accurate purchase and payment information and to promptly update your details so we can complete transactions and contact you as needed. You represent that you are authorized to use the provided payment method and will pay all charges, including taxes and fees.

SECTION 5 – SHIPPING, LOCAL DELIVERY & PICKUP

Timing & risk. Delivery times are estimates and not guaranteed. We are not responsible for carrier delays, incorrect addresses, missed deliveries, or events outside our control. Title and risk of loss pass to you when we transfer products to the carrier or, for local delivery/pickup, when the order is delivered or released to you/your proxy.

Perishable handling. Our products require prompt refrigeration upon receipt. Failure to follow handling/storage instructions may affect quality and food safety. We are not responsible for issues arising from improper handling after delivery or pickup.

Pickup no-show. If you miss your scheduled pickup window, contact us the same day. Because items are perishable, we may be unable to remake or refund missed pickups.

SECTION 6 – CANCELLATIONS (TIME-SENSITIVE)

Because production begins shortly after you order, orders can be canceled within 3 hours of placement for a full refund. After 3 hours, preparation has generally started and cancellations/refunds are not available. In case of emergency, contact us immediately; if production has not begun, we’ll try to accommodate.

For same-day / next-day orders (when offered), cancellations are not available once the order is confirmed.

SECTION 7 – REFUNDS / REPLACEMENTS (QUALITY ISSUES)

Due to the perishable and made-to-order nature of our products, returns are not accepted. If your order arrives damaged, incorrect, or otherwise unsatisfactory, contact us within 24 hours of delivery or pickup with:

order number,

description of the issue,

clear photos of the product and packaging.

We will review and, at our discretion, may offer a replacement or refund as outlined in our Refund & Return Policy. Claims submitted after 24 hours or for products that have been consumed, altered, or improperly stored may be denied.

SECTION 8 – INTELLECTUAL PROPERTY

All content in the Services (trademarks, text, images, graphics, video, audio, and their arrangement) is owned by Bite Cheesecakes & Bakery or its licensors and protected by applicable laws. You may use the Services for personal, non-commercial purposes only. No license is granted except as expressly provided. Our names, logos, product and service names, designs, and slogans are our trademarks. Do not use any marks without prior written permission.

SECTION 9 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsement. Your use is at your own risk and subject to the providers’ terms. Future features are also subject to these Terms.

SECTION 10 – THIRD-PARTY LINKS

The Services may contain links or embedded content from third parties. We are not responsible for examining or evaluating third-party content or practices and are not liable for any harm or damages related to your use of third-party sites. Review their policies before engaging.

SECTION 11 – RELATIONSHIP WITH SHOPIFY

Bite Cheesecakes & Bakery is powered by Shopify. Purchases are made with us, not Shopify. By using the Services, you acknowledge that Shopify is not responsible for any aspect of your transactions with us and you release Shopify and its affiliates from claims arising from your purchases and use of the Services.

SECTION 12 – PRIVACY

Personal information collected via the Services is subject to our Privacy Policy and may also be processed by Shopify under Shopify’s privacy policies. Information you submit may be transmitted to and processed in other countries to provide the Services.

SECTION 13 – FEEDBACK

If you submit reviews, ideas, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and display such Feedback for any purpose. You represent you own the rights to the Feedback and that it complies with these Terms and applicable law. We may monitor, edit, or remove Feedback at our discretion.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors or omissions (e.g., pricing, availability). We may correct or update and cancel orders if information is inaccurate, without prior notice, including after you submit your order.

SECTION 15 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to: violate laws; infringe IP; harass or harm others; transmit misleading info; upload malware; spam; scrape; attempt to gain unauthorized access; or interfere with security features. We may suspend or terminate access for violations.

SECTION 16 – TERMINATION

We may terminate or suspend the Services at any time. You remain liable for amounts due up to the termination date. Sections that by nature should survive (e.g., IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Governing Law) will continue to apply.

SECTION 17 – DISCLAIMER OF WARRANTIES

Except as expressly stated by Bite Cheesecakes & Bakery, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow certain disclaimers; those may not apply to you.

SECTION 18 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Bite Cheesecakes & Bakery and its affiliates, service providers, and licensors shall not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, goodwill, or replacement costs arising from or related to your use of the Services or products, even if advised of the possibility.

SECTION 19 – INDEMNIFICATION

You agree to indemnify and hold harmless Bite Cheesecakes & Bakery, Shopify, and their affiliates, officers, employees, and agents from claims, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, applicable law, or third-party rights.

SECTION 20 – SEVERABILITY

If any provision is found unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder will remain in full force.

SECTION 21 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right does not waive it. These Terms, together with posted policies (including the Refund & Return Policy and Privacy Policy), constitute the entire agreement and supersede prior understandings.

SECTION 22 – ASSIGNMENT

You may not assign or delegate these Terms without our prior written consent. We may assign or delegate without notice.

SECTION 23 – GOVERNING LAW

These Terms and any separate agreements for the Services are governed by the laws of the State of California, without regard to conflict-of-law principles. You and Bite Cheesecakes & Bakery consent to exclusive jurisdiction and venue in the state and federal courts located in San Diego County, California.

SECTION 24 – HEADINGS

Headings are for convenience only and do not limit the Terms.

SECTION 25 – CHANGES TO TERMS

We may update these Terms from time to time. The current version will be posted on this page. Material changes will be notified as required by law. Your continued use after changes are effective constitutes acceptance.

SECTION 26 – CONTACT INFORMATION

Questions about these Terms: orders@bitecheesecakes.com

Trading name: Bite Cheesecakes & Bakery
Address: 9605 Kearny Villa Rd, San Diego, CA, 92126.
Phone: +16196753932
Business Registration: B2025011668
Sales Tax / Seller’s Permit: 248-877152