Terms of Service

Last updated: February 17, 2026

The Enchanted Whisk is a home-based cottage bakery operating under Indiana cottage food laws. Please read these Terms carefully, as they explain your rights and responsibilities when using our website and ordering our baked goods.

These Terms of Service (“Terms”) govern your use of the website, online shop, and services provided by The Enchanted Whisk (“The Enchanted Whisk,” “we,” “us,” or “our”). By accessing or using our website, placing an order, or interacting with us online, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or services.

1. Who We Are

The Enchanted Whisk is a home-based cottage bakery located in southern Indiana, operating under Indiana cottage food laws. We offer small-batch cookies, cakes, English muffins, and other baked goods for local pickup and limited shipping within Indiana.

2. Eligibility

By using our website or placing an order, you represent and warrant that:

You are at least 18 years old, or the age of majority in your jurisdiction, and
You have the legal capacity to enter into a binding agreement.

If you are using our services on behalf of another person or entity, you represent that you are authorized to do so and that you agree to these Terms on their behalf.

3. Home-Based Business & Allergen / Cottage Food Disclosure

The Enchanted Whisk is a home-based business operating under Indiana cottage food laws. All products are prepared in a home kitchen, not in a commercial facility.

Our kitchen is not a certified allergen-free environment. While some products may be made without specific ingredients, we cannot guarantee that any product is completely free from allergens, including but not limited to:

Tree nuts, peanuts
Wheat / gluten
Dairy
Eggs
Soy
Other common allergens

Cross-contact may occur as all products are prepared in the same home kitchen.

By placing an order, you acknowledge and agree that:

You understand The Enchanted Whisk operates under Indiana cottage food laws in a home kitchen.
You have reviewed any allergen and ingredient information provided and, where necessary, have contacted us to discuss your dietary needs.
You accept all risks associated with the consumption of our products if you or your recipients have food allergies, sensitivities, or dietary restrictions.

If you have serious food allergies or medical dietary needs, you should consult your healthcare provider and carefully consider whether consuming home-prepared cottage food products is appropriate.

4. Products and Availability

We offer a variety of baked goods, including cookies, cupcakes, English muffins, pies, cobblers, puddings, malasadas, and other treats, as well as seasonal items and custom creations.

Product descriptions: We try to provide accurate descriptions, but small variations in appearance, color, size, or decoration may occur because our products are handcrafted and small-batch.
Availability: Seasonal items and limited flavors may be available only during certain times of the year or in limited quantities. We reserve the right to modify or discontinue products at any time without prior notice.
Allergen and ingredient information: We may provide general ingredient or allergen information, but this may not list every ingredient or possible allergen. You are responsible for contacting us before ordering if you need detailed information.
We reserve the right to refuse, cancel, or limit any order if we believe it cannot be fulfilled, violates these Terms, or in other reasonable circumstances (e.g., lack of availability, scheduling conflicts, or safety concerns).

5. Orders, Pricing, and Payment

Order placement: Orders can typically be placed through our website, shop page, or by contacting us directly for custom creations.
Pricing: All prices are listed in U.S. dollars and are subject to change without notice. Promotions, discounts, or special offers may be available for limited times and may be subject to additional terms.
Taxes and fees: Applicable taxes, fees, or other charges will be added at checkout as required by law.
Payment: Payment for orders is generally due at the time of ordering, unless otherwise agreed. We may use third-party payment processors. By submitting payment information, you authorize us (and our payment processor) to charge the total amount of your order, including applicable taxes and fees.

If payment is declined or otherwise fails, we may cancel or suspend your order.

6. Local Pickup and Shipping

Local Pickup

Pickup is generally available at our home-based location in southern Indiana (Borden area), at:
8773 Louis Smith Rd, Borden, Indiana (exact directions and instructions may be provided after order confirmation).
After you place an order, we will confirm a pickup date and time via email or text.
You are responsible for picking up your order at the agreed time. If you are running late or need to adjust your pickup time, please contact us as soon as possible.

Shipping (Indiana Only)

At this time, shipping may be offered within Indiana only, on a limited or testing basis.
Shipping availability, rates, and estimated delivery times will be communicated during checkout or directly with you if arranged separately.
Once an order is handed off to a carrier, risk of loss passes to you. We are not responsible for delays, damage, or loss caused by the carrier, weather, or circumstances beyond our control, though we will make reasonable efforts to assist where possible.

7. Order Changes, Cancellations, and Refunds

Changes and Cancellations

For most items, minor changes or cancellations may be possible if you contact us as soon as possible after placing your order.
For larger or custom orders (e.g., cakes, specialty pies, event orders), we may require more advance notice due to ingredient purchasing, preparation, and scheduling.
Once baking has begun or ingredients have been purchased specifically for your order, our ability to change or cancel may be limited.

Refunds and Replacements

Because our products are perishable food items:

We typically do not offer refunds for:
- Change of mind after the order has been prepared
- Failure to pick up at the agreed time
- Products that were stored or handled improperly after pickup or delivery
If there is an issue with your order (e.g., significant error in item, quantity, or quality), please contact us within a reasonable time (e.g., 24–48 hours) with details and, if possible, photos.
At our discretion, we may offer a partial or full refund, credit, or replacement, depending on the situation.
Nothing in this section affects any non-waivable rights you may have under applicable law.

8. Custom Orders and Tastings

For custom cakes, cupcakes, cookies, and other special orders:

Details required: We may ask for event dates, number of servings, design/theme preferences, flavors, and budget.
Quotes and deposits: Larger or custom orders may require a quote and a non-refundable deposit to secure your date.
Tastings: For certain larger events (e.g., weddings), we may offer paid tastings of select flavors if scheduling allows.

We reserve the right to decline custom orders that we cannot reasonably fulfill, that conflict with our brand, or that present logistical or safety concerns.

9. User Content (Reviews, Testimonials, and Submissions)

If you submit reviews, testimonials, photos, or other content to us (including via email, our website, social media, or review platforms):

You grant The Enchanted Whisk a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and share that content in connection with our business (for example, on our website, social media, or marketing materials), unless otherwise agreed in writing.
You represent and warrant that you have the rights to the content you submit and that it does not infringe any third-party rights or violate any laws.
We may edit or moderate content for clarity, length, or appropriateness, while aiming to preserve the overall meaning.

10. Intellectual Property

All content on our website— including text, images, logos, graphics, and design— is the property of The Enchanted Whisk or used with permission and is protected by applicable intellectual property laws.

You may not:

Copy, reproduce, distribute, or create derivative works from our content without our express written consent, except as permitted by law (such as limited personal, non-commercial use).
Use our logos, branding, or trademarks in a way that suggests endorsement or affiliation without our written permission.

11. Website Use and Prohibited Conduct

You agree not to:

Use our website for any unlawful purpose or in violation of any applicable law
Attempt to interfere with the proper functioning of the website
Upload or transmit malicious code (viruses, malware, etc.)
Attempt to gain unauthorized access to our systems or user data
Engage in any activity that disrupts or degrades the experience of other users

We may suspend or terminate your access to our website or services if we believe you have violated these Terms.

12. Third-Party Links and Services

Our website may link to third-party websites or services (such as social media, payment processors, or marketplaces). We are not responsible for:

The accuracy, content, or policies of those sites
Any transactions or interactions you have with third parties

Your use of third-party sites and services is at your own risk and subject to their respective terms and policies.

13. Disclaimer of Warranties

To the fullest extent permitted by law:

Our website, products, and services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.
We do not guarantee that our website will be uninterrupted, error-free, secure, or free of harmful components.
We make no guarantees regarding specific health outcomes, allergen-free status, or suitability for particular dietary or medical needs.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability

To the fullest extent permitted by law:

The Enchanted Whisk and its owner(s), employees (if any), and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of our website, products, or services.
Our total liability for any claim arising out of or relating to these Terms, the website, or our products or services shall not exceed the amount you paid for the specific order at issue.

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless The Enchanted Whisk and its owner(s), employees (if any), and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

Your use of our website or services
Your violation of these Terms
Your violation of any rights of another person or entity

16. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or relating to them, our website, or our products and services shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws principles.

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Indiana, and you consent to the jurisdiction of such courts.

17. Changes to These Terms

We may update or modify these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of our website or services after changes are posted constitutes your acceptance of the updated Terms.