Terms of service

Effective Date: June 6, 2025

By accessing or using [www.marinkos.com] (the “Site”) and placing orders with Marinko’s Desserts (“we,” “us,” or “our”), you agree to these Terms of Service (“Terms”). If you do not agree to all provisions of these Terms, you must not access or use the Site.

1. Eligibility
You must be at least 18 years old to place an order. By using our Site, you represent and warrant that you meet this requirement.

2. Account Registration

  • You may browse the Site without registering. To place an order, you may checkout as a “Guest” or create an account by providing your name, email, and a password.
  • You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately if your account is compromised or used without authorization.

3. Order Placement & Acceptance

  • Placing an Order: To place an order, select your desired cake type, size, pickup location, and date, then complete the checkout process with payment.
  • Order Confirmation: You will receive an email confirming your order details. This email is not a guarantee of acceptance. Acceptance occurs when we send you a second email indicating that the order is ready for pickup.
  • Right to Refuse/Cancel: We reserve the right to refuse or cancel any order at any time, for any reason, including but not limited to:

o   Unavailability of ingredients

o   Errors in pricing or product description

o   Suspected fraudulent activity

o   Inability to verify payment details

  • If we cancel your order after payment has been processed, we will issue a full refund.

4. Pricing & Payment

  • All prices are displayed in USD and are exclusive of applicable sales tax (if any). Prices are subject to change without notice.
  • Payment Methods: We accept major credit cards (Visa, MasterCard, American Express), debit cards, and PayPal. Payment is processed securely via a third-party payment gateway.
  • Taxes & Fees: Applicable state and local taxes will be added at checkout. You are responsible for any additional fees or charges related to payment processing.

5. Pickup Policy

  • Pickup Locations: All orders are pickup-only. You may collect your order at the weekly market or pop-up that you selected during checkout. A list of current dates, times, and locations is displayed on our Site.
  • Pickup Window: Orders must be picked up within the designated pickup window (typically 30 minutes before and after the scheduled time). If you fail to pick up your order within this window, we may donate the cake or discard it; refunds will not be granted in this case.
  • Large Orders (6-inch and 9-inch): Require a minimum of three days’ notice. If you place a large order with less than three days’ notice, we may not be able to fulfill it. We will notify you promptly if we cannot accommodate your requested date.

6. Cancellations & Modifications

  • Standard Cakes (3-inch, 4-inch): Can be modified or canceled up to 48 hours before the scheduled pickup for a full refund.
  • Large Cakes (6-inch, 9-inch): Can be modified or canceled up to 72 hours before the scheduled pickup. Cancellations within 72 hours will incur a 50% fee.
  • To request modifications or cancellations, email marinkosdesserts@gmail.com or call (310) 435-0504 and provide your order number, pickup date, and requested changes.

7. Product Descriptions & Photos
We strive for accuracy in our cake descriptions, photos, and pricing. However, we do not warrant that product descriptions or other content are error-free, complete, or current. The actual product you receive may vary slightly in color, shape, or design due to the handmade nature of our desserts.

8. Intellectual Property

  • All content on the Site (including text, graphics, logos, images, videos, and software) is the property of Marinko’s Desserts or its licensors and is protected by copyright, trademark, and other intellectual property laws.
  • You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from the Site without our prior written consent.

9. User Conduct
When using our Site, you agree not to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Infringe on the intellectual property rights of others.
  • Upload or transmit viruses, malware, or any other harmful code.
  • Interfere with the proper functioning of the Site (e.g., hacking, reverse engineering, or overloading our servers).
  • Collect or store personal data about other users without their consent.
  • Impersonate any person or entity, or falsely state an affiliation with Marinko’s Desserts.

10. Third-Party Links & Services
Our Site may contain links to third-party websites or resources that we do not control. We are not responsible for the content, privacy practices, or terms of use of those third parties. Your use of such third-party links is at your own risk.

11. Disclaimers

  • No Delivery Service: We do not offer delivery services. All purchases are pickup-only at designated markets and pop-up locations.
  • “As Is” Basis: Our Site, products, and services are provided “as is” and “as available” without warranties of any kind, either express or implied.
  • No Guarantee of Continuous Operation: We do not guarantee that the Site will be uninterrupted or error-free. We reserve the right to suspend or terminate the Site for maintenance or other reasons without notice.

12. Limitation of Liability
To the maximum extent permitted by law, Marinko’s Desserts (and its affiliates, officers, directors, employees, agents, and suppliers) shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or related to your use of the Site or purchase of our products, even if we have been advised of the possibility of such damages. Our total liability for any claim related to these Terms shall not exceed the amount you paid for the product giving rise to the claim.

13. Indemnification
You agree to indemnify, defend, and hold harmless Marinko’s Desserts (and its affiliates, officers, directors, employees, agents, and suppliers) from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Site, your violation of these Terms, or your violation of any rights of another party.

14. Governing Law & Dispute Resolution
These Terms and any disputes arising out of or related to them shall be governed by the laws of the State of California without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Alameda County, California, and you consent to personal jurisdiction and venue in such courts.

15. Changes to These Terms
We may update these Terms at any time by posting the revised version on our Site. The “Effective Date” at the top will be updated accordingly. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.

16. Contact Information
If you have questions about these Terms, please contact us:
Marinko’s Desserts
1798 Timothy Drive, San Leandro, CA 94577
marinkosdesserts@gmail.com
(310) 435-0504