Terms & Conditions

Effective Date: July 1, 2025

Last Updated: August 28, 2025

Welcome to ZEN Cakes Miami (“ZEN Cakes”, “we”, “us”, “our”). By accessing our website, placing an order (online or in person), subscribing to communications, or using our mobile messaging services, you agree to these Terms & Conditions (“Terms”). If you do not agree, please do not use our services.

Important disclaimer: These Terms include a binding arbitration agreement and a class action waiver (see §18). They affect your legal rights.

1. Who We Are & Scope

ZEN Cakes provides handcrafted, plant‑based, high‑protein desserts made from clean, whole‑food ingredients. We sell to consumers (B2C) and may also supply business customers (B2B/wholesale) under these Terms or a separate written agreement.

2. Eligibility & Accounts

You must be at least 18 (or the age of majority in your state) to purchase. If you create an account, you are responsible for maintaining its security and for all activity under it.

3. Orders, Pricing & Payments

Prices, products, and availability may change without notice.
We accept major cards and the methods shown at checkout; in‑person payments may be processed via Square.
Applicable taxes and delivery/shipping fees are shown at checkout.
We may refuse or cancel orders for suspected fraud, reselling without authorization, or policy violations.

4. Product Information, Allergens & Health

Our desserts typically contain tree nuts (e.g., cashew), coconut, and other plant ingredients. While we follow strict hygiene, cross‑contact with allergens (including nuts, soy, gluten, sesame) may occur.
Nutritional and wellness descriptions are informational only and not medical advice; products are not intended to diagnose, treat, cure, or prevent any disease. Consult your physician regarding dietary needs or allergies.

5. Delivery & Shipping

To preserve quality, many items are delivered frozen/chilled and require in‑person receipt and prompt refrigeration or freezing. We generally do not leave orders unattended.
Current service area is Miami, FL; nationwide shipping may launch later.
Estimated windows are good‑faith targets; weather, demand, or carrier issues can cause delays.
When a third‑party carrier/courier is used, risk of loss transfers to you upon delivery to the carrier (or at hand‑off to you when we deliver directly).
See our Shipping Policy for details.

6. Cancellations, Refunds & Issues

You may cancel within 1 hour of ordering for a full refund.
Due to perishability, returns are not accepted once correctly delivered.
If an order arrives damaged or incorrect, contact us within 24 hours with photos and order details. We may provide a replacement, credit, or refund at our discretion.
See our Refund Policy for details.

7. Promotions, Gift Cards & Wholesale

Promotions are limited‑time and subject to additional terms. Unless stated, promotions cannot be combined and are not transferable.
Gift cards or credits (if offered) are redeemable for eligible purchases only and are not redeemable for cash unless required by law.
B2B/Wholesale: resale or redistribution is permitted only with our written authorization; additional terms may apply.

8. Intellectual Property & License

All site content (logos, images, product names/descriptions, packaging designs, recipes, text) is owned by ZEN Cakes or our licensors and protected by IP laws. You receive a limited, non‑exclusive, non‑transferable license to access the site for personal, lawful use. No copying, reverse engineering, or derivative use without written consent.

9. User Content (Reviews, Photos, Social Tags)

If you submit or tag content referencing ZEN Cakes (e.g., #zencakesmiami), you grant us a non‑exclusive, royalty‑free, worldwide license to use, reproduce, modify, display, and distribute that content for marketing and promotional purposes. Do not submit unlawful, misleading, or infringing content. We may remove or refuse content at our discretion.

10. Prohibited Uses

You agree not to misuse the site/services (e.g., scraping, interference, fraudulent orders, attempts to circumvent security, or activities violating laws or third‑party rights).

11. Third‑Party Services & Links

We may integrate with third parties (e.g., payments, analytics, advertising, delivery partners). We are not responsible for their content, availability, or practices. Your use of third‑party services is subject to their terms and privacy policies.

12. Accessibility

ZEN Cakes is committed to digital accessibility and strives to align with WCAG 2.1 Level A/AA. If you have difficulty accessing content, contact us at info@zencakesmiami.com; alex@zencakesmiami.com. For details, see our Accessibility Statement.

13. Privacy, Cookies & CCPA/CPRA

Your privacy matters. See our Privacy Policy and Cookies Policy for how we collect, use, and share data (including cookies/analytics).
California residents have rights under CCPA/CPRA, including the right to opt out of the sale or sharing of personal information. Exercise your rights via our Do Not Sell or Share My Personal Information page or by following instructions in the Privacy Policy.
As stated in our Privacy Policy, SMS opt‑in data and consent are never shared or sold.

14. Mobile Terms of Service (SMS/MMS)

The ZEN Cakes Miami mobile message service (the "Service") is operated by ZEN Cakes Miami (“ZEN Cakes Miami”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to ZEN Cakes Miami’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ZEN Cakes Miami through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ZEN Cakes Miami. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1‑844‑520‑8845 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other ZEN Cakes Miami mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +1‑844‑520‑8845 or email Alex@zencakesmiami.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice (Privacy Policy).

15. Warranty Disclaimer

EXCEPT AS REQUIRED BY LAW, THE SITE, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. We do not guarantee uninterrupted or error‑free operation.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEN CAKES MIAMI AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS/REVENUE/GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

17. Indemnification

You agree to indemnify, defend, and hold harmless ZEN Cakes Miami from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the products/services, violation of these Terms, or infringement of any third‑party rights.

18. Dispute Resolution — Arbitration & Class Action Waiver

Binding Arbitration: Any dispute or claim arising out of or relating to these Terms or your use of our products/services shall be resolved by binding arbitration administered by the AAA (American Arbitration Association) under its Consumer Arbitration Rules. The seat and venue of arbitration shall be Miami‑Dade County, Florida.
Class Action Waiver: Disputes will be conducted only on an individual basis. Class, collective, or representative actions are not permitted.
Small Claims Exception: You may bring an individual claim in small claims court in Miami‑Dade if eligible.
Opt‑Out: You may opt out of this arbitration agreement by sending written notice to info@zencakesmiami.com; alex@zencakesmiami.com within 30 days of your first acceptance of these Terms; otherwise it remains binding.

19. Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict‑of‑laws principles. Subject to §18 (arbitration), the exclusive jurisdiction and venue for any permitted court proceedings is the state or federal courts located in Miami‑Dade County, Florida. You consent to personal jurisdiction there.

20. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., severe weather, natural disasters, labor disputes, supply chain disruptions, carrier failures, power outages).

21. Changes to Terms

We may update these Terms from time to time. Updates will be posted with the revised date at the top. Continued use constitutes acceptance.

22. Miscellaneous

If any provision is found unenforceable, the remainder remains in effect. These Terms (plus policies referenced here) form the entire agreement between you and ZEN Cakes Miami. You may not assign your rights without our consent; we may assign these Terms as part of a business transfer.

23. Contact

Questions about these Terms?
Email: info@zencakesmiami.com; alex@zencakesmiami.com.

SMS Support (HELP/STOP): +1‑844‑520‑8845