Cakes By Markisha's refund policy is likely enforceable under Florida law because the state's consumer protection statutes exempt food, perishable, and custom-made goods from standard retail refund requirements. This means the business can set its own policies, provided they are clearly communicated to the customer. Here is an analysis of specific clauses in the policy based on Florida law.Clauses likely enforceable:
- No refunds for unpicked orders: The policy states you will not receive a refund if you fail to pick up your order. Because the product is perishable and custom-made, Florida law exempts this sale from the standard refund rules, and a business is not required to take a loss if a customer fails to retrieve their order.
- No refunds for customer dissatisfaction: The policy explicitly states that if a customer "just don't care for" a product, a refund will not be given. Florida law does not protect against subjective dissatisfaction for custom or perishable goods.
- Refund for defects only at the discretion of the business: The policy reserves the right for Cakes By Markisha to "judge our product quality for ourselves". This means that the business will determine whether a refund is warranted based on their own assessment of the returned, defective item. A similar policy from another custom bakery was shown to be common practice.
- Store credit for timely cancellations: The policy provides that timely cancellations (2 business days in advance) will receive store credit, not cash. Since no refund is legally required for custom or perishable items, offering store credit is a voluntary concession and fully enforceable.
- In-store vs. online policies: The policy, while thorough, can be legally strengthened by ensuring it's posted conspicuously at the point of sale. If a store has a "no refund" policy but fails to post it, it may be forced to provide a refund for unused merchandise (though custom, perishable goods remain exempt).
Clauses that may be questionable
- No refund "ever" for an amount exceeding the purchase price: This clause, while likely intended to prevent lawsuits for additional damages, is not a legally sound way to limit liability. The policy cannot preemptively override a court's ability to award a judgment for damages, should a customer be able to prove they are owed more.
Clauses that serve as customer guidance
- Transportation and handling instructions: The sections detailing proper cake transport and storage are not legally binding conditions for a refund. Instead, they serve as crucial instructions to help customers avoid damaging the product. However, if a customer complains of a defective product after ignoring these instructions, the bakery can cite them as a cause for the damage, further justifying a denied refund.