Last updated: July 2, 2025

Welcome to Pomcakes! These Terms & Conditions (“Terms”) govern your access to and use of our website (https://pomcakes.com) and any related services (collectively, the “Services”) provided by Pomcakes, owned and operated by Ralph Salazar, located at 3450 E Seneca St, Tucson, AZ 85716, United States Of America. By using our Services, you agree to these Terms. If you do not agree, please discontinue use immediately.

1. Acceptance of Terms

1.1 Binding Agreement. These Terms form a legal agreement between you (“you” or “User”) and Pomcakes (“we,” “us,” or “our”).
1.2 Updates. We may revise these Terms at any time. Changes take effect when posted, and your continued use constitutes acceptance. Please review periodically.

2. Eligibility & Account Registration

2.1 Eligibility. You must be at least 18 years old to place orders.
2.2 Account Creation. To access certain features (order history, tracking), you may register an account. Provide accurate, current information and keep your credentials secure. You’re responsible for all activity under your account.

3. Intellectual Property

3.1 Ownership. All content on the Services—text, graphics, logos, images, and software—is owned or licensed by Pomcakes and protected by U.S. and international IP laws.
3.2 Limited License. You may view, download, and print pages for personal, non-commercial use only. Any other use (reproduction, modification, distribution, sale) is strictly prohibited without our written consent.

4. Ordering & Payment

4.1 Order Acceptance. Receipt of your order confirmation email does not guarantee acceptance. We reserve the right to refuse or cancel orders for any reason (e.g., out-of-stock items, pricing errors).
4.2 Prices & Taxes. All prices are in USD and exclude sales tax and shipping fees unless stated. We calculate taxes based on your shipping address.
4.3 Payment Methods. We accept major credit cards and other payment methods displayed at checkout. Payment is due at the time of order.

5. Shipping & Delivery

Please see our Shipping Policy for full details. In summary:

  • Processing: Orders placed before 5:00 PM EST (Mon–Fri) are processed same day; otherwise, next business day.
  • Carriers: USPS, DHL, EMS, and local services.
  • Fees & Timing: Standard and expedited options available.
  • Tracking: You’ll receive an email with tracking once shipped.

6. Returns, Exchanges & Refunds

Please refer to our Return & Refund Policies for specifics. Key points:

  • Return Window: 180 days from delivery for non-sale items.
  • Cancellations: Free within 24 hours of order placement.
  • Refunds: Processed within 2 business days of receipt and inspection.
  • Exchanges: Not available—please cancel and place a new order within 24 hours.

7. Prohibited Conduct

When using our Services, you agree not to:

  • Violate any applicable law or infringe our or others’ rights;
  • Use bots, scripts, or automated means to access or scrape data;
  • Interfere with the security or functionality of the Services;
  • Transmit harmful code (viruses, malware) or unsolicited advertising;
  • Impersonate another person or misrepresent your affiliation.

8. Termination

We may suspend or terminate your access at our discretion, without notice, for any violation of these Terms or any applicable law. Upon termination, your right to use the Services ceases immediately.

9. Disclaimers & Limitation of Liability

9.1 No Warranties. Services are provided “as is,” without warranty of any kind, express or implied.
9.2 Limitation. To the fullest extent permitted by law, Pomcakes and its affiliates will not be liable for indirect, incidental, or consequential damages arising from your use of the Services. Our total liability is capped at the amount you paid for the order in question.

10. Indemnification

You agree to indemnify and hold Pomcakes, its officers, directors, employees, and agents harmless from any claims, losses, or damages (including reasonable attorneys’ fees) arising out of your breach of these Terms or your misuse of the Services.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-law principles. Any dispute shall be resolved in the state or federal courts located in Pima County, Arizona, and you consent to their jurisdiction.

12. Electronic Communications

When you visit the Services or send emails to us, you are communicating electronically. You agree that all notices, disclosures, and other communications satisfy any legal requirement that they be in writing.

13. Miscellaneous

13.1 Entire Agreement. These Terms (together with our Shipping, Return, and Privacy Policies) constitute the full agreement and supersede any prior agreements.
13.2 Severability. If any provision is unenforceable, the remainder will remain in full force.
13.3 No Waiver. Failure to enforce any right does not constitute a waiver of that right.

14. Contact Us

For questions or assistance, reach out:

  • Address: 3450 E Seneca St, Tucson, AZ 85716, United States Of America
  • Email: [email protected]
  • Phone:+1 (507) 570-8498
  • Support Hours: 9:00am – 6:30pm (EST) (Monday – Friday).

Thank you for choosing Pomcakes! We look forward to delighting you with every order.