Terms and Conditions
THE SALE AND/OR DISTRIBUTION OF PRODUCTS CONTAINING ALCOHOL TO PERSONS UNDER 21 YEARS OF AGE IS UNLAWFUL.
All products are best when immediately consumed. All products are made to order. We do not keep inventory in stock. All cupcakes are made fresh and shipped frozen. Cupcakes contain dairy and must be refrigerated at all times. Do not refreeze. Before consuming, please make sure that all cupcakes defrost to room temperature to re-soften the frosting. To defrost, leave the cupcake on the counter for one to three hours (depending upon the environment). Never defrost in a microwave or oven. Please bring our products to room temperature before eating.
Preventing Alcohol Evaporation
To prevent the alcohol from evaporating out of our products, please transfer all products (including cupcakes and pies) to airtight containers. If you are keeping the products in the provided cardboard or plastic container, be sure to wrap the entire container tightly and securely with a few layers of food safe plastic wrap. All products, whether refrigerated, frozen, or left at room temperature should be stored airtight to minimize alcohol evaporation.
- Placing products in a Ziploc® bag is NOT enough to prevent alcohol evaporation as these bags can never truly get airtight.
- Keep all products airtight at all times until ready to serve. Wrap all products tightly in food grade plastic wrap and seal in air tight containers.
- Please do NOT place orders via the Web site.
- Please refer to our wholesale ordering page for more information accessible at the bottom of the home page.
- A valid State Resale Certificate, Sales Tax ID, and W9 are required for wholesale contracts.
- Please contact us directly at 859-823-LUSH / 5874 and leave a detailed voice message with a contact phone number if you receive the company voicemail. You may also email us at email@example.com by using the subject line “Wholesale Order Questions.” Please include a contact phone number, your order info, and any questions in your email to us
Retail Ordering (Direct-to-Consumer Orders)
Upon entering this Web site, you have certified that you have carefully read, understood, and fully comply with all of the following terms and conditions:
- By entering this Web site and placing an order, you certify that the person placing the order AND the delivery recipient (if the delivery recipient is different than the person being billed) are both 21 years of age or older.
- Product orders will be fulfilled and shipped within 48 hours of the order placement.
- FREE LOCAL PICKUP is available for orders over $50. Local customers may choose to physically pickup their order free of charge. Please call the bakery BEFORE submitting your online order so that the pickup details can be arranged (859-823-LUSH / 5874). Please leave a detailed voice message with a contact phone number if you receive the company voicemail. The pickup person must meet all of the requirements detailed for the “delivery recipient” as outlined in these terms and conditions. We will schedule and confirm the pickup location, day, and time with you in advance.
- For orders over $100 with a delivery address located within a 30 mile driving radius of Lexington, Kentucky, free door-to-door delivery can be offered. Orders will be fulfilled and delivered within 72 hours of placing the order. Please call the bakery BEFORE submitting your online order so that the delivery details can be arranged (859-823-LUSH / 859-823-5874). Please leave a detailed voice message with a contact phone number if you receive the company voicemail.
- Custom product orders and large orders may require 5-7 days to be fulfilled. Please call the bakery BEFORE submitting your online order so that the delivery details can be arranged (859-823-LUSH / 5874). Please leave a detailed voice message with a contact phone number if you receive the company voicemail. You may also email us at firstname.lastname@example.org - please use subject line “Custom Ordering Questions.” Please include a contact phone number in addition to your order info and questions in your email to us.
- All shipping orders will be carefully packaged and wrapped with reflective foil insulation thermal bubble wrap and ice pack/s to keep the product cold regardless of season. During the Kentucky summer months of June, July, and August, the Inebriated Baker® will provide additional thermal wrap and ice packs free of charge, regardless of where the delivery recipient lives. When shipping to or through year-round warm weather states with where the temperature reaches 70° F or more (e.g., Arizona, Nevada, Southern US, Alabama, Texas, Florida, California, etc.) during Kentucky’s spring, fall, and winter months, we will require that you purchase extra thermal bubble wrap and ice packs. If the order placer declines to purchase additional ice packs and thermal wraps and/or our request for the purchase of a more expedited shipping method is declined, we are not responsible for the product arriving damaged (e.g., melted, spoiled, etc.). No refunds.
- All Inebriated Baker® and Inebriated Chef® products are perishable. When shipping to warm weather areas, we may recommend a specific method of shipping to prevent melting and guarantee the arrival of your product in perfect condition. We may require that you purchase extra thermal bubble wrap and ice packs. In states where the temperature reaches 70° F or more, we may contact you and in addition to purchasing additional thermal wrap and ice packs, we may also require the purchase of more expedited shipping to be sure that your order arrives in perfect condition. We reserve the option to hold your order when the state you are shipping to (or states the product is traveling through to reach the final delivery destination) have a temperature of 70 degrees and above and/or if there is a heat wave.
- For all shipping information, including transit times and delivery days, please refer to the UPS website (www.ups.com).
- All orders must be addressed to a physical address (house, apartment, hotel, dorm, business, office, etc.). No post office boxes. No APO/FPO/DPO shipping.
- All orders ship via UPS Next Day Air services with Adult Signature Confirmation within the 48 contiguous United States only. No overseas shipping.
- Delivery recipient (person whose name is on the package) must be physically present to accept and sign for package. All orders require UPS Adult Signature Confirmation services. The UPS driver and/or delivery person must be able to see your face.
- Delivery recipient must present a valid, non-altered, non-expired passport, driver’s license, military identification card, or government-issued identification card to the UPS driver or Inebriated Baker® delivery person to verify that the delivery recipient is at least 21 years of age. University ID Cards are NOT acceptable forms of identification. If the photo ID meets TSA airport security requirements, it is acceptable.
- Only a valid, non-altered, non-expired passport, driver’s license, military identification, and/or government-issued identification card with a listed date of birth and photo will be accepted. The name on the ID must match the name on the delivery address. The photo on the ID must match the person signing for the order. The UPS driver and/or delivery person must be able to see your face to verify that your name, date of birth, and photo confirm to the terms and conditions outlined here. The date on the ID must prove that the delivery recipient is 21 years of age or older (on the day of the sale). If your package is delivered February 1 and your ID indicates that you turn 21 on February 2, you are not 21 and you cannot receive the package.
- If shipping to a college dorm, apartment building, gated community, business, or hotel, the delivery recipient must meet the driver/delivery person at the front desk, front door, and/or front gate if door-to-door delivery is not possible and show the proper photo identification. Failure to do so will result in the order not being delivered. Please contact UPS to confirm delivery instructions and expectations (e.g., call my cell upon arrival, ring buzzer, etc.) before you place your order if the delivery address does not allow for direct door access to the delivery recipient (e.g., gated community, locked security door, front desk attendant, etc.). No refunds.
- If the delivery recipient is not available or physically present to receive the delivery, the package will NOT be delivered. No refunds.
- If the delivery recipient does not present a valid photo identification as per the previously outlined terms and conditions, the package will not be delivered. Orders will not be delivered to neighbors. Orders will not be delivered to any person with a different first and last name that that stated as the intended delivery recipient (e.g., friend, family member, roommate, colleague, front desk clerk, administrative assistant, etc.). No refunds.
- If giving the product a gift, it is the sole responsibility of the person placing the order to make sure that the delivery recipient is of age (21 years of age or older) and is physically present and available to accept the delivery with the proper photo identification. It is the sole responsibility of the person placing the order to ensure that the delivery recipient complies with all of the terms and conditions. No refunds.
- If giving the product as a gift, it is the sole responsibility of the person placing the order to inform the gift recipient of all of the aforementioned terms and conditions for delivery receipt. No refunds.
- If UPS / the delivery person is not able to complete the delivery due to inclement weather, strike, interruption of service, act of God, package refusal, incomplete or incorrect delivery address, and/or failure to provide a valid photo identification attesting to the delivery recipient’s name and age, the seller is NOT responsible. The seller is NOT responsible for lost, delayed, or damaged products. Please make sure that you have provided the correct zip code, apartment #, street #, or type of street (Blvd., Rd., Ave., etc.). Any and all implicit and explicit warranties, money back guarantees, product returns, requests for refund, and the like will be rendered null and void. No refunds.
- Product freshness cannot (and will not) be guaranteed for delayed or non-delivery due to the delivery recipient not being present to accept the package or not presenting acceptable photo identification. Any and all implicit and explicit warranties, money back guarantees, product returns, requests for refund, and the like will be rendered null and void. No refunds.
- If the delivery recipient cannot produce acceptable identification and/or the delivery recipient is not available to accept the delivery when first attempted by the driver (initial delivery attempt), any and all implicit and explicit warranties, money back guarantees, product returns, requests for refund, and the like will be rendered null and void. No refunds.
- Any violation of these terms and conditions on the part of the person placing the order and/or the delivery recipient will effectively render any and all implicit and explicit warranties, money back guarantees product returns, requests for refund, and the like to be rendered null and void. No refunds.
- NOTE: All products sold on this website contain alcohol which is added AFTER the baking process. The alcohol is NOT cooked out. Consume responsibly. Do not consume while operating a motorized vehicle or heavy machinery. Do not consume at the workplace. Treat all Inebriated Baker® and Inebriated Chef® products with the same respect and care that you would treat any other alcohol product (e.g., beer, wine, distilled spirits, or any combination therein).
GOVERNMENT WARNING: According to the Surgeon General, women should not drink alcohol beverages during pregnancy because of the risk of birth defects. Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems
THE SALE AND/OR DISTRIBUTION OF THESE PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS UNLAWFUL.
The Terms & Conditions also include the following: