TERMS OF SERVICE

Last updated: September 18, 2026

This website and online store are operated by Problem Baker Inc. Throughout these Terms, “Problem Baker,” “we,” “us,” and “our” refer to Problem Baker Inc.

By visiting our website, purchasing from us, or using any of our services, you agree to these Terms of Service. If you do not agree, please do not use the website or place an order.

1. Eligibility

You must be at least 18 years old, or have permission from a parent or legal guardian, to place an order. You agree that the information you provide is accurate and that you are authorized to use the selected payment method.

2. Products and Availability

Our products are handmade. Appearance, size, color, decoration, and packaging may vary slightly from photographs shown online.

Products, flavors, packaging, pricing, promotions, and availability may change without notice. We may limit quantities, discontinue products, or cancel an order if an item is unavailable. If we cancel a paid order, we will refund the canceled amount.

3. Food Allergies

Our products may contain or come into contact with common allergens, including wheat, gluten, milk, eggs, soy, peanuts, tree nuts, and sesame.

We cannot guarantee that any product is completely free from allergens or cross-contact. Customers with food allergies should contact us before ordering and should not consume a product if they are uncertain about its ingredients.

4. Orders

Submitting an order does not guarantee acceptance. We may refuse, limit, or cancel an order because of suspected fraud, incorrect pricing, product availability, delivery limitations, or other reasonable business concerns.

You are responsible for reviewing your order, flavor selections, quantities, delivery date, shipping address, and contact information before submitting payment.

Once production or order preparation begins, changes or cancellations may not be possible.

5. Pricing and Payment

Prices are listed in U.S. dollars and may change without notice. Taxes, shipping charges, delivery fees, and other applicable charges are displayed during checkout when required.

You authorize us and our payment providers to charge the payment method submitted with your order. If a pricing or checkout error occurs, we may correct the error or cancel and refund the affected order.

6. Shipping and Delivery

We currently ship only to eligible United States addresses available during checkout.

Processing and delivery dates are estimates unless we expressly guarantee a date in writing. Weather, carrier delays, holidays, incorrect addresses, and events outside our reasonable control may affect delivery.

Customers are responsible for providing a complete and accurate shipping address and retrieving delivered packages promptly. Additional charges resulting from an incorrect address, refused delivery, or unsuccessful delivery attempt may be the customer’s responsibility.

Complete information is available in our Shipping Policy, which is incorporated into these Terms.

7. Local Pickup and Delivery

Local pickup and delivery availability depend on location, store hours, product availability, and the ordering platform used.

Orders placed through a third-party ordering or delivery provider may also be governed by that provider’s terms, fees, and policies. Problem Baker is not responsible for the independent acts or technical failures of third-party platforms, except where required by law.

8. Catering, Events and Corporate Orders

Catering, staffed cart service, events, wholesale orders, and corporate orders may require a separate quote, invoice, deposit, minimum purchase, or written agreement.

Dates are not reserved until any required payment or written confirmation is received. If a separate proposal, invoice, or agreement conflicts with these Terms, the terms of that document will control for that specific order.

9. Returns, Refunds and Order Problems

Because our products are perishable and made or packed for each order, all sales are final and we do not accept returns or exchanges.

If an order arrives damaged, contains an incorrect item, or has another verified problem, contact us promptly with your order number and clear photographs. We will review the situation and determine an appropriate resolution in accordance with our posted Refund Policy and applicable law.

Nothing in these Terms limits any rights that cannot legally be waived.

10. Gift Messages and Submitted Content

You are responsible for any gift message, customization, review, photograph, or other content you submit.

You may not submit anything unlawful, threatening, discriminatory, obscene, infringing, misleading, or harmful. We may refuse or remove submitted content that violates these Terms.

You grant us permission to reproduce submitted gift messages or customization details solely as necessary to complete your order.

11. Promotions and Discount Codes

Promotions and discount codes may have separate expiration dates, eligibility rules, or exclusions. Unless stated otherwise, promotions cannot be combined, exchanged for cash, or applied to previous purchases.

We may cancel or correct a promotion affected by fraud, misuse, or a technical or pricing error.

12. Intellectual Property

The Problem Baker name, logos, photographs, designs, recipes, written content, graphics, and website materials are owned by or licensed to Problem Baker Inc.

You may not copy, reproduce, sell, publish, distribute, modify, or commercially use our content without prior written permission.

13. Prohibited Uses

You may not use our website:

• For unlawful, fraudulent, or abusive activity;
• To interfere with the website’s operation or security;
• To transmit viruses, malicious code, or automated scraping tools;
• To violate another person’s rights;
• To submit false payment, account, or order information; or
• To purchase products for unauthorized resale.

We may suspend access or cancel orders connected to prohibited activity.

14. Third-Party Services and Links

Our website may use or link to services operated by Shopify, payment processors, shipping carriers, local-ordering platforms, social networks, or other third parties.

Those services may have their own terms and privacy practices. We are not responsible for third-party websites or services that we do not control.

15. Privacy

Our collection and use of personal information are explained in our Privacy Policy, which is incorporated into these Terms.

16. Website Availability

We work to keep our website and product information accurate and available, but we do not guarantee uninterrupted or error-free access.

To the fullest extent permitted by law, the website and its content are provided without warranties regarding uninterrupted availability or freedom from technical errors. This does not limit warranties or consumer rights that cannot legally be excluded.

17. Limitation of Liability

To the fullest extent permitted by law, Problem Baker Inc. will not be liable for indirect, incidental, special, or consequential losses arising from use of the website or an order.

For claims that may legally be limited, our total liability will not exceed the amount paid for the order giving rise to the claim.

These limitations do not apply to fraud, willful misconduct, gross negligence, personal injury caused by our wrongdoing, or any liability or consumer right that cannot legally be limited.

18. Indemnification

To the extent permitted by law, you agree to reimburse Problem Baker Inc. for reasonable losses or expenses caused by your unlawful misuse of the website, violation of these Terms, or infringement of another person’s rights.

19. Events Outside Our Control

We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including severe weather, natural disasters, transportation interruptions, carrier delays, labor disruptions, power outages, government actions, or supply shortages.

We will make reasonable efforts to communicate significant order delays and provide any remedy required by applicable law.

20. Severability and Waiver

If any part of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision does not waive our right to enforce it later.

21. Changes to These Terms

We may update these Terms by posting a revised version on our website. Changes apply from the posted effective date and do not retroactively change orders already accepted unless required by law.

22. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any dispute will be handled in the appropriate state or federal courts serving Richmond County, New York, unless applicable law requires otherwise. Nothing in this section removes mandatory consumer protections available where you live.

23. Contact Information

Questions about these Terms may be directed to:

Problem Baker Inc.
870 Castleton Avenue
Staten Island, NY 10310
Email: info@problembaker.com
Phone: 929-909-3779