Terms and Conditions
Cookie Contract
This Cookie Contract (“Agreement”) sets the rules of engagement between Avery Labs LLC d/b/a The Sweet Spot Desserts (“The Sweet Spot Desserts,” “Baker”) and you (“Client”). By placing an order, you agree to the following terms:
1.0 Payment Due Upon Order
Full payment is required at the time of order. Your spot on the baking calendar isn’t confirmed until payment is received.
2.0 No Show = No Cookies
If you don’t show up at your scheduled pickup time (and don’t make arrangements ahead of time), your cookies may be forfeited. No refunds, no exceptions.
3.0 Refunds
All sales are final. Refunds will only be honored within 24 hours of placing your order. After 24 hours, no refunds will be issued under any circumstances, as ingredients and materials are purchased and production planning begins promptly after your order is received.
5.0 Delivery
Pick-up is available locally in Willow Glen. Delivery is available for an additional fee. Please check our website for current delivery details and pricing.
6.0 Pickup Dates and Times
Delivery and pickup times are set when you order. Because other customers need their cookie fix too, please be respectful of the schedule and arrive when agreed upon. Any orders not picked up at their set time will be forfeited. No refunds, no exceptions.
7.0 Change Cutoff
Changes to your order can be made until 7 days prior to pickup. After that, change requests will be considered but may incur a fee.
8.0 Inspiration
Inspiration photos are great! Thanks for sharing them. But they’re just that: inspiration. Exact replicas are not guaranteed. Colors, lighting, and sizes may differ from the final product (sadly, you won’t be biting into an 8.5x11 cookie).
9.0 Rush Orders
Orders placed less than 10 days before pickup will require a $50 rush fee. Rush orders are subject to availability.
10.0 Price Adjustments
All prices are subject to change based on ingredient costs and other factors. Old pricing cannot be honored (the grocery store won’t honor their old flour prices either).
11.0 Product Photography
We love to show off our cookies! Photos of your order may appear on our website or social media after pickup. If you’d prefer to keep your order private, let us know at the time of order.
12.0 It’s All Yours Now
Once you pick up your order, it’s your responsibility. Please handle with care — keep them cool, safe, and away from parking lot cart returns.
13.0 Ship Shape
Shipped cookies are packaged carefully, but USPS can be rough. Breakage is a risk you accept by ordering shipped cookies. Refunds are not available for broken cookies or shipping delays. Once tracking is provided, any claims for lost orders must be filed with USPS.
14.0 No Ghosts
Please respond to my messages within 12 hours when confirming order details. If I don’t hear back, I may need to make judgment calls to keep your order on track. I do my best to respond within 12 hours (baking hands permitting).
15.0 Achoo! Allergies
All cookies are made in a home kitchen under California Cottage Food Laws. Products may contain or come into contact with nuts, dairy, gluten, and other allergens. Allergy accommodations cannot be guaranteed.
16.0 Cottage Food Laws
Required disclaimer: These cookies are made in a home kitchen not inspected by local health officials.
17.0 In Sickness and in Health
Like any food, cookies carry inherent risks (choking hazards, foodborne illness, allergic reactions). By purchasing, you accept these risks.
18.0 Pay Means Yay
Submitting payment confirms your order and your acceptance of all terms above. Yay you, yay me, yay cookies!
Standard Terms & Conditions
This website (the "Site") is comprised of various web pages operated by Avery Labs LLC d/b/a The Sweet Spot Desserts ("The Sweet Spot Desserts"). Your use of this site constitutes your agreement to the Terms and Cookie Contract. Please read these carefully.
1.0 Privacy
Your use of the Site is subject to our Privacy Policy. Please review it to understand how we collect and use your information.
2.0 Electronic Communications
Visiting our site or sending emails to hello@thesweetspotdesserts.com constitutes electronic communications. You consent to receive communications electronically and agree these satisfy any legal requirement for written communication.
3.0 Children Under Thirteen
The Sweet Spot Desserts does not knowingly collect personal information from children under 13. If you are under 18, you may only use the site with parental permission.
4.0 Links to Third Party Sites
We may link to other websites. These are not under our control, and we are not responsible for their content.
5.0 Intellectual Property
All content on this Site is the property of The Sweet Spot Desserts or its suppliers and protected by copyright and intellectual property laws. You may use content only for personal purposes.
6.0 International Users
If you access the Site outside the USA, you are responsible for compliance with local laws.
7.0 Indemnification
You agree to indemnify and hold harmless The Sweet Spot Desserts and its affiliates from claims resulting from your use of the Site or services.
8.0 Arbitration
Any disputes will be resolved by final and binding arbitration under the Federal Arbitration Act, conducted by a neutral arbitrator.
9.0 Liability Disclaimer
Information, products, and services on the Site may include errors. The Sweet Spot Desserts makes no warranties and will not be liable for damages, except as limited by law.
10.0 Termination/Access Restriction
We reserve the right to terminate access to the Site at any time.
11.0 Governing Law
These Terms are governed by the laws of the State of California.
12.0 Changes to Terms
We may update these Terms at any time. Please check back periodically.
13.0 Contact Us
The Sweet Spot Desserts welcomes your questions or comments:
Avery Labs LLC
Attention: Daniel Michalek, Owner
760 Newhall Drive #0177
San Jose, CA 95110
Email: hello@thesweetspotdesserts.com
Phone: (408) 896-5437
Effective as of September 1, 2025