THE VESPRE — TERMS OF SERVICE

Effective Date: 1 August 2026 Last Updated: 1 August 2026

In plain language, before the formalities

These Terms govern your relationship with The Vespre. They are necessarily detailed — food, allergies, and craft contracts deserve precision — but the spirit is simple:

We work in a small kitchen, by hand, in seasonal capsules that do not repeat.
We promise to bring care and integrity to everything we make for you.
You agree to read your labels, refrigerate what needs refrigeration, and tell us before ordering if you or any intended recipient has an allergy or dietary condition.
We deliver in person, by hand, within Texas, or you pick up — we do not ship by mail and do not use third-party delivery services.
If something goes materially wrong, contact us within 24 hours — we stand behind our work and will make it right.
Where the language ahead becomes formal, it is to protect both of us, and because Texas law requires certain words be said in certain ways.

The legal text that follows controls in any case of conflict with this summary.

1. ABOUT THESE TERMS

These Terms of Service (the "Terms") form a binding legal agreement between you ("you," "your," "Customer") and Svetlana Sanders, an individual residing in the State of Texas and conducting business under the assumed name "The Vespre" ("The Vespre," "we," "us," "our"). The Vespre operates under an Assumed Name Certificate filed with the Harris County Clerk pursuant to Texas Business & Commerce Code Chapter 71.

These Terms govern your access to and use of the website located at https://www.thevespre.com (the "Site"), the products offered for sale through the Site or any other channel operated by The Vespre (the "Products"), and all related services, communications, custom orders, wedding cake commissions, corporate gifting, and pop-up events (collectively, the "Services").

By placing an order, joining the waitlist, or otherwise affirmatively engaging with the Services, you agree to be bound by these Terms. Where the Site presents a checkbox or other clickwrap mechanism for acceptance, your selection constitutes your binding electronic signature to these Terms. Continued passive browsing of the Site, without affirmative engagement, is not deemed acceptance.

These Terms incorporate by reference our Privacy Policy (available at https://www.thevespre.com/privacy) and any product-specific addenda (including the Wedding Cake Agreement and Corporate Gifting Terms), which together form the full agreement between you and The Vespre.

2. ELIGIBILITY

You may use the Services only if all of the following are true:

(a) You are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under the laws of the State of Texas;

(b) You are not barred from receiving Services under any applicable law;

(d) For Products produced under the Texas Cottage Food Law, your pickup or delivery location is within the State of Texas (see Section 6 and Section 9). You may be a resident of any state, but Products are not shipped by mail or common carrier and are not delivered outside Texas; fulfillment is by pickup or in-person personal delivery within Texas only;

(e) You provide accurate, current, and complete information in connection with any order, account, or inquiry, including any allergen or dietary disclosures.

The Vespre reserves the right to refuse service, terminate accounts, cancel orders, or remove or edit Site content at our sole discretion, including where we have reason to believe a Customer has misrepresented eligibility or violated these Terms. Where we refuse or cancel an order, any amount paid will be refunded in full.

3. ACCOUNT, COMMUNICATIONS, AND CONSENT

3.1 Account Creation

You may purchase as a guest or, where offered, create an account on the Site. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account. You agree to notify us immediately at privacy@thevespre.com of any unauthorized use.

3.2 Transactional Communications

By providing an email address or phone number, you consent to receive transactional communications necessary to fulfill your orders: order confirmations, fulfillment updates, pickup and delivery coordination, allergen confirmations, food safety notifications, and customer service correspondence. Transactional communications are an inherent part of the Services.

3.3 Marketing Consent

Marketing communications — capsule announcements, waitlist updates, editorial newsletters — are sent only with your express opt-in consent. You may withdraw consent at any time using the unsubscribe link in any marketing email or by contacting privacy@thevespre.com. Withdrawal of marketing consent does not affect transactional communications.

3.4 Allergen and Dietary Disclosure Consent

If you provide allergen, dietary, or health-related information for the purpose of order fulfillment (for example, indicating a tree-nut allergy at checkout), you are providing sensitive personal information as defined under the Texas Data Privacy and Security Act (Tex. Bus. & Comm. Code Ch. 541) and analogous laws. By checking the corresponding consent box and submitting such information, you provide your express, informed, opt-in consent to The Vespre's processing of that information for the limited purpose of fulfilling your order safely. You may withdraw this consent at any time, but withdrawal will require us to cancel any open order to which the disclosure is material.

3.5 SMS / Text Messages

The Vespre does not currently send marketing SMS or text messages. If we introduce such communications in the future, separate TCPA-compliant opt-in will be obtained and these Terms will be updated accordingly.

4. PRODUCTS, CAPSULES, AND ORDERS

4.1 Nature of the Product

The Vespre offers a chef-driven, seasonal model of never-repeating capsule collections in the French pastry tradition. Each capsule is produced in limited quantities, available only within a defined release window, and once sold out or once the capsule window has closed, the Product will not be reproduced. All sales are final except as expressly provided in Section 11.

4.2 Product Descriptions and Photography

We endeavor to describe Products accurately. However, because Products are handmade, single-batch artisanal items, the following are expressly disclaimed:

(a) Variations in color, shape, decoration, size, weight, and finish are inherent to the handmade nature of each Product and do not constitute defects;

(b) Photography is representative; actual Products may vary;

(c) Ingredient availability may, on rare occasion, necessitate substitution with ingredients of substantially similar composition. Where any substitution would introduce or remove an allergen disclosed on the Product page, we will notify you prior to fulfillment and offer you the option to cancel for a full refund. Allergen substitutions are never made without prior notice;

(d) Typographical errors, pricing errors, and stock-availability errors may occur. We reserve the right to correct any error and to cancel any order placed in reliance on such error, including after order confirmation, with full refund of any amount paid.

4.3 Representations About Ingredients and Origins

The Vespre uses descriptive terms such as "single-origin," "small-batch," "wild-harvested," "handcrafted," "organic," "biodynamic," and specific supplier or terroir references in good faith, based on representations made to us by our suppliers and producers at the time of production. We do not independently audit upstream supply chains.

Where any such representation proves materially inaccurate due to supplier error, mislabeling, or supply chain disruption, your remedy is under Section 11 (Quality Guarantee) and, where applicable, any non-waivable right under the Texas Deceptive Trade Practices Act (see Section 18). The Vespre disclaims any further liability for good-faith reliance on upstream supplier representations.

4.4 Order Acceptance

Your submission of an order constitutes an offer to purchase, not a binding contract. A contract of sale is formed only when The Vespre confirms acceptance of the order by separate written Order Confirmation sent to the email address you provided, and not at the moment of payment authorization, automated checkout receipt, or any other automated acknowledgment.

The Vespre reserves the right to decline any order, including orders that exceed quantity limits, orders that appear to be for resale, orders where allergen accommodation cannot be safely provided, orders outside our service area, or orders placed in violation of these Terms. Where we decline an order after payment authorization, we will void or refund the authorization in full.

4.5 Capsule Pre-Orders

Capsule Products are typically offered through advance pre-order with a specified pickup or delivery date. By placing a pre-order, you authorize charge to your payment method at the time of order (not at fulfillment), and you acknowledge that the pickup or delivery date is a material term of the contract. Failure to take pickup on the specified date is governed by Section 9.5.

5. PRICING, TAXES, AND PAYMENT

5.1 Prices

All prices are listed in United States Dollars (USD) and are exclusive of applicable taxes, delivery fees, and gratuities (if any) unless expressly stated. Prices are subject to change without notice; however, the price in effect at the time of Order Confirmation is the price applicable to that order.

5.2 Taxes

The Vespre collects Texas state sales tax and applicable local sales taxes on taxable Products in accordance with Texas Tax Code Chapter 151. Texas applies specific rules to bakery sales: certain bakery items sold for off-premises consumption without eating utensils may be exempt under Tex. Tax Code § 151.314, while items prepared for immediate consumption or sold with utensils may be taxable. The Vespre will determine and disclose applicable tax at checkout.

5.3 Payment Processing

Payment is processed by Stripe, Inc. ("Stripe") under Stripe's terms of service. The Vespre does not store full payment card numbers, expiration dates, or CVV codes on its systems. By submitting payment, you authorize Stripe and The Vespre to charge your selected payment method for the total order amount, including taxes and fees.

You represent and warrant that any payment method you submit is yours or that you are authorized to use it, and that the information you provide is true and correct.

5.4 Chargebacks and Disputed Charges

If you dispute a charge, you agree to contact The Vespre at hello@thevespre.com before initiating a chargeback with your card issuer. Initiating a chargeback for a properly fulfilled order, a no-show pickup, a properly delivered order, or a custom order completed to specification constitutes a material breach of these Terms, and The Vespre reserves all rights, including recovery of the disputed amount, chargeback fees, costs of collection, and reasonable attorneys' fees.

5.5 Gift Cards (If Offered)

Gift cards, when offered, are non-refundable, are not redeemable for cash except where required by law, do not expire (Tex. Bus. & Comm. Code § 604.001 et seq.), and are subject to any additional terms printed on the gift card or stated at the time of purchase.

6. COTTAGE FOOD DISCLOSURE

This disclosure is provided in compliance with Texas Health & Safety Code Chapter 437, as amended by Senate Bill 541 (effective September 1, 2025), and is a material part of these Terms.

The Vespre currently operates as a Cottage Food Production Operation under Texas Health & Safety Code Chapter 437. To produce and sell Time/Temperature Control for Safety ("TCS") foods, The Vespre is registered with the Texas Department of State Health Services ("DSHS") under Registration Number [DSHS REGISTRATION NUMBER]. Products are prepared in a private residential kitchen in Harris County, Texas.

6.1 Required Disclosure

Pursuant to Texas Health & Safety Code Chapter 437 and DSHS rules, the following disclosure appears on each Product label and is reproduced here:

"THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION."

The label also includes the producer name (or DSHS registration number in lieu of home address), a complete ingredient list in descending order by weight, all major food allergens, the net weight, and additional required information.

6.2 Time/Temperature Control for Safety (TCS) Foods

Many of The Vespre's Products — including entremets, mousse-based cakes, cream-filled pastries, custard-based preparations, and any item containing dairy or other temperature-sensitive components — are classified as Time/Temperature Control for Safety ("TCS") foods under DSHS regulation. The Vespre is registered with DSHS to produce and sell TCS foods under the Cottage Food Law as amended by SB 541.

TCS Product labels include, in addition to Section 6.1, the following:

"SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food refrigerated or frozen until the food is prepared for consumption."

Plus the date of production.

For TCS Products:

(a) The Vespre maintains the Product at or below 41°F (5°C) from production through transfer to you;

(b) You must keep the Product at or below 41°F (5°C) from the moment of pickup or delivery until consumption;

(d) The Vespre disclaims any liability for food safety issues arising from your failure to maintain proper refrigeration after transfer.

6.3 Geographic Limitation and No Shipping

Pursuant to the Texas Cottage Food Law, Products may be sold and delivered only within the State of Texas and only by pickup or in-person personal delivery (see Section 9). The Vespre does not ship Products by mail or common carrier, does not use third-party delivery services, and does not fulfill orders outside of Texas during the Cottage Food Phase of operations, regardless of where the purchaser resides. Out-of-state requests will be politely declined; corporate gifting clients requiring out-of-state fulfillment may inquire about future commercial-kitchen-fulfilled offerings.

6.4 Transition to Commercial Operation

The Vespre intends to transition to a fully licensed commercial kitchen operation in the future, at which point this Section 6 (and the shipping and fulfillment limitations in Section 9) will be amended or removed. Until that transition is announced on the Site, all sales are governed by the Cottage Food Law and these Terms.

7. ALLERGEN DISCLOSURE AND CUSTOMER ACKNOWLEDGMENT

Customers with food allergies, sensitivities, celiac disease, or dietary restrictions must read this Section carefully before placing an order. By placing any order, you acknowledge and accept this Section in full.

7.1 Allergens Present in the Kitchen

The Vespre's kitchen handles ingredients that contain or may contain the following major food allergens:

Wheat and gluten
Milk and dairy
Eggs
Tree nuts (almonds, hazelnuts, pistachios, pecans, walnuts, macadamia, cashews)
Peanuts
Soy
Sesame
Sulfites (in dried fruits, wine reductions)

The kitchen may also contain coconut, alcohol used in flavoring, and other potential allergens.

7.2 Cross-Contamination

Cross-contact is possible. Despite reasonable care, The Vespre cannot and does not guarantee that any Product is free of any allergen, even where the Product itself does not list that allergen as an ingredient. Shared equipment, work surfaces, ambient particulates, and ingredient supply chains all carry inherent cross-contact risk.

7.3 Customer Responsibility

If you, or any intended recipient of a Product (including gift recipients), have a known food allergy, intolerance, celiac disease, or other dietary condition that could be triggered by any allergen identified in Section 7.1:

(a) Do not purchase any Product unless you have first contacted hello@thevespre.com and received specific written confirmation from The Vespre that your dietary need can be safely accommodated for that specific order;

(b) You must disclose all relevant allergies and dietary conditions at the time of order, providing the express opt-in consent described in Section 3.4;

(c) You acknowledge that no Product is represented as guaranteed allergen-free or hypoallergenic, and any accommodation we agree to provide is on a reasonable-efforts basis;

(d) You agree to inspect each Product and its label upon receipt and to refrain from consumption if any allergen of concern is identified or suspected.

7.4 Gift Orders

If you are ordering a Product as a gift, you are responsible for communicating all allergen and ingredient information to the recipient. The Vespre has no relationship with, and assumes no direct duty of care to, gift recipients beyond providing accurate ingredient and allergen information on the Product label.

7.5 Acknowledgment

By placing an order with allergen disclosures, you acknowledge that you have read this Section, that you have provided complete and accurate information about any allergies or dietary conditions relevant to your order, and that you understand the limitations of an artisanal kitchen environment. Nothing in this Section purports to waive any liability that cannot lawfully be waived under Texas or federal law, including any liability for personal injury caused by The Vespre's negligence or for strict products liability. See Section 16.

8. WEDDING CAKES, CUSTOM ORDERS, AND CORPORATE GIFTING

8.1 Wedding Cakes

All wedding cake orders are governed by a separate Wedding Cake Agreement that supplements these Terms. Material provisions of the Wedding Cake Agreement include:

(a) A non-refundable deposit of fifty percent (50%) of the total contract value is due at the time of booking;

(b) Final balance is due no later than fourteen (14) days prior to the event date;

(c) Cancellation by Customer results in retention by The Vespre of the following amounts, expressly as liquidated damages and not as a penalty:

More than 90 days before event: deposit retained; no further charge;
30–90 days before event: deposit retained plus twenty-five percent (25%) of the remaining balance;
Less than 30 days before event: deposit retained plus fifty percent (50%) of the remaining balance;
Less than 14 days before event: full contract amount is due and non-refundable.

The parties acknowledge that wedding cake orders involve significant pre-event preparation — design work, ingredient procurement, reserved production capacity, and irreplaceable production windows — and that actual damages arising from late cancellation are difficult to determine with precision. The amounts retained under this Section 8.1(c) are the parties' reasonable estimate of the actual losses to The Vespre and are agreed in advance as liquidated damages pursuant to Texas law.

(d) Design changes are permitted in writing up to 30 days before the event; thereafter, changes are at The Vespre's sole discretion and may incur additional charges;

(e) Risk of loss for the cake passes to Customer upon delivery and setup completion at the venue, or upon pickup, whichever applies;

(f) The Vespre's liability under the Wedding Cake Agreement is limited as set forth in Section 16, subject to the carve-outs in Section 16.3;

(g) Force majeure events (including extreme weather, hurricane evacuation, power outage, ingredient supply failure, illness or incapacity of key production personnel, or governmental order) excuse performance to the extent of the disruption, with the parties to negotiate rescheduling or refund in good faith.

A copy of the full Wedding Cake Agreement will be provided at the time of inquiry and must be signed before the order is confirmed.

8.2 Custom Orders

Custom Products designed for a specific Customer are non-refundable once production has commenced. Customer is responsible for approving design specifications, allergen specifications, delivery date, and delivery location in writing. Any change request after design approval may be accommodated at The Vespre's discretion and may incur additional charges and lead time.

8.3 Corporate Gifting

Corporate gifting orders are subject to:

(a) A minimum order value of $500;

(b) Lead time of no less than fourteen (14) days prior to required delivery, longer for orders exceeding twenty (20) recipients;

(c) Payment terms of full payment in advance for first-time clients; net-30 terms may be available for established corporate accounts subject to credit approval and a signed Corporate Gifting Agreement;

(d) Recipient lists, addresses, and any personalization instructions must be provided in a format specified by The Vespre at least seven (7) days before the required delivery date;

(e) The Customer is responsible for the accuracy of all recipient information and for confirming whether any recipient has communicated allergen restrictions to the Customer; The Vespre has no direct relationship with the recipient. All corporate gift deliveries remain subject to the fulfillment limitations in Section 9 (Texas-only, pickup or in-person personal delivery; no shipping).

8.4 Intellectual Property in Custom Designs

All designs, recipes, finishes, and creative work produced by The Vespre — whether for stock Products or custom orders — remain the intellectual property of The Vespre. Commissioning a custom Product does not transfer any rights in the design, recipe, or composition. Customer may share photographs of received Products for personal, non-commercial purposes; any commercial use, reproduction, or attempt to replicate a Product or design is expressly prohibited.

9. PICKUP AND LOCAL DELIVERY (NO SHIPPING)

9.1 Available Methods

During the Cottage Food Phase, and in compliance with Texas Health & Safety Code Chapter 437, all orders — including online and internet orders — are fulfilled only by one of the following methods:

(a) Pickup at a location designated by The Vespre within Harris County, Texas; or

(b) In-person personal delivery within the State of Texas, performed by The Vespre, an employee of The Vespre, or a household member of the operator. Delivery to event venues within Texas for wedding and corporate orders is offered on this same basis.

The Vespre does not use third-party delivery services (such as DoorDash, Uber Eats, Instacart, or similar) and does not ship Products by mail or common carrier (such as USPS, UPS, or FedEx), whether within or outside the State of Texas, during the Cottage Food Phase. This restriction is required by Texas Health & Safety Code Chapter 437 and is a material term of these Terms.

9.2 Delivery Windows

Delivery and pickup windows are estimates. The Vespre will use reasonable efforts to fulfill within the stated window but does not guarantee specific times of delivery or pickup. Customer is responsible for being available, or arranging for an authorized adult to be available, to receive the order.

9.3 Recipient Availability

For deliveries requiring an adult recipient: if no adult is present to receive a TCS Product when The Vespre (or its employee or a household member) attempts personal delivery, The Vespre may, at our discretion, (i) leave the Product at the delivery address at Customer's risk; (ii) attempt redelivery for an additional fee; or (iii) return the Product to The Vespre's kitchen, in which case the Product is forfeited and no refund is due.

9.4 Address Accuracy

Customer is responsible for providing a complete and accurate delivery address. The Vespre is not responsible for failed deliveries, additional fees, or damaged Products resulting from inaccurate address information.

9.5 No-Show Pickup

If Customer fails to take pickup of a confirmed order within the stated pickup window and does not communicate in advance, the Product is forfeited and no refund is due. The Vespre reserves the right, at its discretion, to extend the pickup window or to redeliver for an additional fee.

10. RISK OF LOSS AND TITLE

Title to and risk of loss in each Product passes from The Vespre to Customer at the moment of:

(a) For pickup orders: physical transfer of the Product to Customer or Customer's authorized agent at the designated pickup location;

(b) For in-person delivery: physical transfer of the Product at the delivery address, or, where the delivery is left at the address per Section 9.3, at the moment of leaving;

(c) For wedding and event deliveries: completion of setup and acceptance by Customer or Customer's designated venue representative.

After the moment of transfer, The Vespre has no further responsibility for refrigeration, handling, storage, transportation, presentation, or consumption of the Product. Customer is solely responsible for compliance with the safe handling instructions printed on each TCS Product label.

11. QUALITY GUARANTEE; NO RETURNS

11.1 No Returns

Because Products are perishable and prepared to order, all sales are final and no returns are accepted. This is industry-standard for premium pastry and is also a food safety requirement.

11.2 Quality Guarantee

Notwithstanding Section 11.1, The Vespre stands behind the quality of every Product. If you receive a Product that is, at the moment of receipt, materially damaged, spoiled, or substantially non-conforming to the Order Confirmation, you may request a remedy under this Section.

To request a remedy, you must:

(a) Contact hello@thevespre.com within twenty-four (24) hours of receipt;

(b) Provide your order number, a written description of the issue, and clear photographs of the Product, its packaging, and any relevant labels;

If, in The Vespre's reasonable judgment, the issue qualifies under this Section, we will, at our sole election, provide one of the following remedies:

Replacement of the Product, if production capacity permits within the relevant capsule window;
Store credit equal to the purchase price of the affected Product;
Refund of the purchase price of the affected Product to the original payment method.

11.3 Exclusions

The Quality Guarantee does not apply to:

(a) Damage occurring after transfer of risk of loss (see Section 10);

(b) Failure to refrigerate TCS Products or otherwise follow safe handling instructions;

(d) Subjective taste preferences, dislike of flavor profile, or change of mind;

(e) Products consumed or partially consumed before the issue was reported;

(f) Issues reported more than twenty-four (24) hours after receipt;

(g) Damage caused by Customer, recipient, or third parties not retained by The Vespre.

11.4 Remedy

The remedies in this Section 11 are Customer's primary contractual remedies for Product defect or non-conformity. This Section 11.4 does not, and is not intended to, waive, exclude, or limit any remedy that cannot lawfully be waived under the Texas Deceptive Trade Practices–Consumer Protection Act (see Section 18), any remedy for personal injury caused by The Vespre's negligence or gross negligence, any remedy in strict products liability, or any other remedy that cannot lawfully be excluded.

12. INTELLECTUAL PROPERTY

12.1 Ownership

All content on the Site, including without limitation the name "The Vespre," the name "Maison de Saison," the slogan "Made for the slow hour," the V monogram, the wordmark, all logos, all photography, all written content, all recipes, all design elements, all Product names (including capsule designations such as "Étude," "Crépuscule," "Naïade," and any future capsule, signature, or reinterpretation name), and the overall look-and-feel of the Site (collectively, the "Vespre IP"), are the exclusive property of Svetlana Sanders d/b/a The Vespre or its licensors, and are protected by United States copyright, trademark, trade dress, and other intellectual property laws.

12.2 Limited License

Subject to your compliance with these Terms, The Vespre grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for personal, non-commercial purposes only.

12.3 Prohibited Uses

You may not, and may not permit any third party to:

(a) Copy, reproduce, distribute, publish, transmit, modify, adapt, translate, create derivative works of, sell, license, or otherwise exploit any Vespre IP without our prior written consent;

(b) Use any Vespre IP in any manner that is likely to cause confusion as to source, sponsorship, or affiliation;

(c) Use the Site or Vespre IP for any commercial purpose, including resale of Products, dropshipping, comparison shopping, or competitive analysis aggregation;

(d) Use automated systems, including without limitation robots, spiders, scrapers, or offline readers, to access the Site;

(e) Reverse engineer any recipe, formula, or production technique, or attempt to do so;

(f) Use any Vespre IP, image, or content to train, fine-tune, or otherwise improve any machine learning, generative AI, or similar model.

12.4 User Content

If you submit any feedback, suggestions, photographs, reviews, social media tags, testimonials, or other content to The Vespre (collectively, "User Content"), you grant The Vespre a perpetual, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, display, distribute, modify, and create derivative works of the User Content in any medium, for any purpose, including marketing, advertising, and editorial use, with or without attribution. You represent and warrant that you have all rights necessary to grant this license and that the User Content does not violate any third-party rights.

If you do not wish for User Content to be used by The Vespre, do not submit it. If you have previously submitted User Content and wish for it to be removed from active use going forward, contact privacy@thevespre.com; we will use reasonable efforts to remove such content from future communications, though we cannot retrieve content already in distribution.

12.5 Event Photography

By attending any in-person event hosted, organized, or sponsored by The Vespre — including pop-up sales, capsule launches, tastings, trunk shows, café events (when applicable), and partnership events — you acknowledge that photography and videography may occur for documentary, editorial, and marketing purposes. By attending, you grant The Vespre a non-exclusive, royalty-free license to use your likeness as captured at the event in marketing materials, social media, press, and editorial content. If you do not wish to be photographed, please notify a staff member upon arrival and we will accommodate your request. This Section 12.5 does not apply to identifiable minors, for whom separate parental or guardian consent will be obtained at the event.

12.6 Trademark Notices

"The Vespre" is an assumed name registered in Harris County, Texas. The Vespre intends to file for federal trademark registration with the United States Patent and Trademark Office. Use of the names "The Vespre," "Maison de Saison," "Made for the slow hour," and capsule designations as trademarks of third parties is prohibited.

13. ACCEPTABLE USE

You agree not to:

(a) Use the Services in violation of any applicable law or regulation;

(b) Use the Services to defraud, harass, threaten, or harm any person;

(d) Submit false or misleading allergen information, recipient information, or payment information;

(e) Interfere with or disrupt the operation of the Site, its servers, or any networks connected to the Site;

(f) Attempt to gain unauthorized access to any portion of the Site or any related systems;

(g) Use the Services to send unsolicited bulk communications, spam, or malicious code;

(h) Engage in any conduct that, in The Vespre's reasonable judgment, exposes The Vespre, its customers, or any third party to legal, reputational, or operational risk.

Violation of this Section 13 is a material breach of these Terms and may result in immediate suspension or termination of access, in addition to any other legal remedies available to The Vespre.

14. THIRD-PARTY SERVICES

The Site relies on third-party services including, without limitation, Stripe (payment processing), Vercel (hosting), Sanity (content management), ConvertKit (email communications), Plausible Analytics (analytics), and others identified in the Privacy Policy. These services are operated by third parties under their own terms and privacy practices. The Vespre is not responsible for the acts, omissions, outages, or policies of any third-party service. Where a third-party service is unavailable, The Vespre's obligations to you are excused to the extent of the disruption.

The Site may contain links to third-party websites or resources. Such links are provided for convenience only and do not imply endorsement. The Vespre is not responsible for the content, accuracy, or practices of any linked site.

15. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WHERE EXPRESSLY PROVIDED IN SECTION 11 (QUALITY GUARANTEE):

THE SITE, THE SERVICES, AND THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

THE VESPRE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE VESPRE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that such exclusions are prohibited, the disclaimers above apply to the fullest extent permitted by applicable law.

16. LIMITATION OF LIABILITY

Please read this Section carefully. It limits the amount The Vespre can be required to pay if something goes wrong, except in the important cases identified in Section 16.3.

16.1 Exclusion of Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VESPRE, SVETLANA SANDERS PERSONALLY, OR ANY OF HER AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, RUINED EVENTS, COST OF SUBSTITUTE GOODS, OR THIRD-PARTY CLAIMS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.

16.2 Liability Cap

SUBJECT TO SECTION 16.3, THE VESPRE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE VESPRE FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

16.3 Mandatory Carve-Outs

Notwithstanding anything in Sections 16.1 and 16.2 to the contrary, the limitations and exclusions in this Section 16 DO NOT APPLY to, and shall not limit, exclude, or restrict, any of the following:

(a) Personal injury, illness, or death caused by the negligence, gross negligence, recklessness, or intentional misconduct of The Vespre;

(b) Strict products liability claims arising under Texas law or the law of any applicable jurisdiction (including under § 402A of the Restatement (Second) of Torts as adopted by Texas courts);

(d) Violations of the Texas Deceptive Trade Practices–Consumer Protection Act to the extent any remedy thereunder cannot lawfully be waived or limited (see Section 18);

(e) Indemnification obligations owed by The Vespre under any signed Wedding Cake Agreement or Corporate Gifting Agreement, to the extent those obligations are expressly stated in such agreement;

(f) Any other liability that cannot lawfully be limited or excluded under applicable law.

The liability cap in Section 16.2 applies only to claims that are not covered by the carve-outs in this Section 16.3.

16.4 Basis of the Bargain

You acknowledge that the pricing of Products reflects the allocation of risk set forth in these Terms, that these limitations (as modified by the carve-outs in Section 16.3) are a material basis of the bargain between you and The Vespre, and that The Vespre would not provide the Services on the agreed pricing absent these limitations.

17. INDEMNIFICATION AND RELEASE

17.1 Release of Claims Arising from Your Own Acts

Subject to the carve-outs in Section 16.3, you release The Vespre, Svetlana Sanders, and their respective agents and representatives (the "Released Parties") from any claim arising from:

(a) Your failure to disclose, or your inaccurate disclosure of, any allergy or dietary condition required to be disclosed under Section 7;

(b) Your failure to maintain proper refrigeration of TCS Products after transfer, or other failure to follow safe handling instructions;

(d) Damage occurring after transfer of risk of loss under Section 10.

Nothing in this Section 17.1 releases The Vespre from liability for personal injury, illness, or death caused by The Vespre's own negligence, gross negligence, recklessness, or intentional misconduct, or from any other liability that cannot lawfully be released under applicable law.

17.2 Indemnification of Third-Party Claims

You agree to defend, indemnify, and hold harmless The Vespre, Svetlana Sanders, and their respective agents, contractors, and representatives (the "Indemnified Parties") from and against any and all third-party claims, demands, actions, proceedings, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) brought by any person other than you that arise out of or relate to:

(a) Your breach of these Terms or any representation or warranty made by you;

(b) Your violation of any applicable law or regulation;

(c) Your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right;

(d) Your failure to disclose allergen or dietary information to a gift recipient or other third party who consumes a Product through you;

(e) Any User Content submitted by you;

(f) Any misrepresentation by you to a third party concerning the nature, ingredients, or origin of a Product.

The Vespre reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You shall not settle any matter without our prior written consent.

17.3 Nature of Section 17

Section 17.1 is a release (a waiver of your claims against The Vespre, with the personal-injury and non-waivable carve-out). Section 17.2 is an indemnification (your obligation to cover The Vespre's costs for claims brought by third parties). These are distinct legal concepts and do not overlap.

18. TEXAS DECEPTIVE TRADE PRACTICES ACT NOTICE

The Texas Deceptive Trade Practices–Consumer Protection Act (Tex. Bus. & Comm. Code Ch. 17, the "DTPA") confers important rights and remedies on Texas consumers, including the right to seek treble damages, attorneys' fees, and court costs for certain knowing or intentional violations. Nothing in these Terms is intended to waive, limit, or restrict any right or remedy that cannot lawfully be waived under the DTPA. Where any provision of these Terms is found to conflict with a non-waivable DTPA right or remedy, that provision shall be construed and limited to the extent necessary to be consistent with the DTPA, and the remainder of the Terms shall remain in full force and effect.

19. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action. You have a right to opt out under Section 19.8.

19.1 Informal Resolution

Before commencing any formal proceeding, you agree to first contact The Vespre in writing at hello@thevespre.com and to attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days. Most disputes can be resolved this way, and we are committed to working with you in good faith.

19.2 Binding Arbitration

If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Product, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding individual arbitration administered by JAMS.

The arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures or, for disputes under $250,000, the JAMS Streamlined Arbitration Rules and Procedures, as in effect at the time the arbitration is commenced (the "JAMS Rules").

19.3 JAMS Consumer Minimum Standards

For any arbitration in which you are a consumer Customer (i.e., an individual using the Services for personal, family, or household purposes), the JAMS Consumer Minimum Standards of Procedural Fairness then in effect apply and shall control to the extent they conflict with the JAMS Rules. Without limiting the generality of the foregoing:

(a) The Vespre shall pay all JAMS administrative fees, filing fees beyond the consumer's portion under the JAMS Consumer Minimum Standards, and all arbitrator compensation. Your maximum out-of-pocket cost to commence arbitration is the consumer filing fee then specified by JAMS for consumer arbitrations;

(b) The arbitration may be conducted by telephone, video conference, written submissions, or in person at The Vespre's election, except that you may require an in-person hearing in Harris County, Texas, at no additional cost to you;

(c) The arbitrator shall have authority to award any remedy available in court, including statutory damages, treble damages under the DTPA, attorneys' fees, and injunctive relief on an individual basis.

19.4 Seat, Language, Finality

The seat and location of the arbitration shall be Houston, Harris County, Texas, subject to Section 19.3(b). The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

19.5 Carve-Outs from Arbitration

Notwithstanding Section 19.2, the following matters may be brought in court:

(a) Small claims: Either party may bring an individual claim in small claims court in Harris County, Texas, so long as the claim qualifies for and remains in small claims jurisdiction;

(b) Injunctive relief: Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction in Harris County, Texas, to prevent imminent harm pending arbitration;

(c) Intellectual property: Claims by The Vespre to enforce its intellectual property rights may be brought in a court of competent jurisdiction.

19.6 Class Action Waiver

YOU AND THE VESPRE EACH AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PARTY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM.

If this class action waiver is found to be unenforceable in any respect, then to that extent the entirety of Section 19.2 (binding arbitration) shall be null and void with respect to such claims, and such claims shall proceed in court in Harris County, Texas, subject to the jury trial waiver in Section 19.7. The remainder of these Terms shall remain in full force and effect, and arbitration shall remain mandatory for all other claims to which the class action waiver does not extend.

19.7 Jury Trial Waiver

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT NOTWITHSTANDING THIS SECTION 19, YOU AND THE VESPRE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

19.8 Opt-Out Right

You may opt out of the arbitration agreement in Section 19.2 and the class action waiver in Section 19.6 by sending a written opt-out notice to hello@thevespre.com with the subject line "Arbitration Opt-Out" within thirty (30) days of the date you first accept these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.

20. GOVERNING LAW AND VENUE

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 19, the exclusive venue for any judicial proceeding shall be the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

21. FORCE MAJEURE

The Vespre shall not be liable for any failure or delay in performance arising from any cause beyond our reasonable control, including without limitation:

Acts of God, severe weather, hurricane, flood, fire, earthquake, freeze, drought, or other natural disaster;
Pandemic, epidemic, public health emergency, quarantine, or governmental health order;
War, terrorism, riot, or civil disturbance;
Power outage, internet outage, cyberattack, or failure of any third-party service (including Stripe, Vercel, Sanity, ConvertKit, or supplier);
Supply chain disruption, ingredient unavailability, equipment failure, or kitchen incident;
Illness, incapacity, or unavoidable absence of key production personnel;
Governmental order, regulatory change, embargo, or trade restriction;
Strike, labor dispute, or worker shortage.

In the event of a force majeure event, The Vespre will use reasonable efforts to notify you and to reschedule or refund affected orders. For wedding cake orders affected by force majeure, the parties shall negotiate in good faith to reschedule or substitute the order, and pre-paid amounts will be applied to the rescheduled order; where rescheduling is not feasible, refund will be made of amounts paid less reasonable costs already incurred by The Vespre.

22. MODIFICATIONS

The Vespre may amend these Terms from time to time. Amendments take effect as follows:

22.1 Non-Material Changes

Non-material changes (such as clarifications, formatting, contact information updates, and similar adjustments that do not materially affect your rights) take effect upon posting on the Site with an updated "Last Updated" date.

22.2 Material Changes

Material changes — including any change that materially expands the scope of arbitration, narrows your remedies under the Quality Guarantee, materially modifies pricing or fulfillment terms, or otherwise materially adjusts the allocation of risk — will be:

(a) Posted on the Site at least thirty (30) days before they take effect;

(b) Communicated by email to Customers with active accounts, active orders, or signed event agreements at least thirty (30) days before the effective date;

(c) Accepted by affirmative action the next time you place an order, sign into an account, or engage with the Services through a clickwrap acceptance mechanism. Continued passive use of the Site, without affirmative click-acceptance, is not deemed acceptance of a material change.

If you do not affirmatively accept a material change, your existing rights under the prior version of the Terms remain in effect with respect to orders, contracts, and engagements predating the change, but you may not be permitted to place new orders until acceptance.

22.3 Active Contracts

For active wedding cake or custom order contracts in progress at the time of any amendment, the Terms in effect at the time of Order Confirmation shall continue to govern that order through fulfillment, regardless of subsequent amendment.

23. ASSIGNMENT

You may not assign or transfer any rights or obligations under these Terms without The Vespre's prior written consent.

The Vespre may assign or transfer these Terms, in whole or in part, including in connection with the formation of a successor entity (such as a Texas limited liability company), a sale of all or substantially all of the assets of The Vespre, a merger, reorganization, or change of control. You acknowledge that The Vespre currently anticipates assigning these Terms to a successor entity in or around 2027 and that such assignment is contemplated and consented to by you as part of the consideration for these Terms. Notice of any such assignment will be provided on the Site and, where reasonably feasible, by email.

24. ELECTRONIC COMMUNICATIONS AND SIGNATURES

You consent to receive communications from The Vespre electronically. Agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. You agree that any electronic signature, including without limitation by checking a clickwrap acceptance box, clicking "I agree," "I accept," or "Submit Order," or any similar affirmative action, has the same legal effect as a handwritten signature.

25. SEVERABILITY

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it valid and enforceable while preserving the parties' original intent to the maximum extent possible. The class action waiver in Section 19.6 has its own severability rule, set forth in that Section.

26. NO WAIVER

No failure or delay by The Vespre in exercising any right under these Terms shall operate as a waiver of that right. No waiver shall be effective unless in writing and signed by an authorized representative of The Vespre.

27. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, the Wedding Cake Agreement (where applicable), the Corporate Gifting Agreement (where applicable), and any Order Confirmation, constitute the entire agreement between you and The Vespre with respect to the Services and supersede all prior or contemporaneous agreements, understandings, communications, and representations, whether written or oral.

28. CONTACT

The Vespre Svetlana Sanders, sole proprietor d/b/a The Vespre 14355 Schiller Road, Houston, TX 77082 Harris County, Texas

General inquiries: hello@thevespre.com Privacy: privacy@thevespre.com Legal notices: legal@thevespre.com

These Terms were last updated on 1 August 2026. By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

The agreement.