Under what condition can a Nothing Bundt Cakes franchisee offer services via e-commerce?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
If you are compliant with the terms and conditions of your Franchise Agreement, you can and must participate in our E-Commerce Program, through which you will fulfill online orders placed by Guests on our Website, and other third-party platforms for pickup, delivery, or shipping. See Item 11 for additional details regarding our E-Commerce Program.
The grant of a franchise includes the right, but also the obligation to engage in e-commerce through our E-Commerce Program which includes our Website, our 2PD program, and other e-commerce platforms approved by us including, but not limited to, 3PD platforms. Pursuant to the E-Commerce Program, you must fulfill online orders Guests place which require pick-up, delivery, or shipping within your Territory pursuant to the terms we negotiate. You are required to offer delivery on the Website and other e-commerce platforms approved by us as well as offer delivery for phone and walk-in orders. The Bakery selected to fulfill an E-Commerce Program order will be determined solely by us or the third-party platform in accordance with algorithms that evaluate a number of different factors. Franchisees have no right to object or contest any decision made by us with respect to the Bakery selected to fulfill orders. All Guest payments will be remitted directly to the franchisee's designated bank account, net of any vendor's then-current credit card processing or other fees (the "Vendor Fee") and gateway fees, to administer the platform and process payments, which are subject to change. We have the right to change the products and services offered through any E-Commerce Program and the suggested retail price for such goods. We may prohibit a franchisee from participating
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 63–64)
What This Means (2025 FDD)
According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, franchisees are required to participate in the E-Commerce Program if they are compliant with the terms and conditions of their Franchise Agreement. This program involves fulfilling online orders placed by guests on the Nothing Bundt Cakes website and other approved third-party platforms for pickup, delivery, or shipping. Franchisees must offer delivery on the website and other approved e-commerce platforms, as well as for phone and walk-in orders.
The specific bakery fulfilling an E-Commerce Program order is determined by Nothing Bundt Cakes or the third-party platform, using algorithms that consider various factors. Franchisees do not have the right to object to these decisions. Guest payments, minus vendor fees for credit card processing and gateway fees, are remitted directly to the franchisee's designated bank account. These fees are subject to change.
Nothing Bundt Cakes retains the right to modify the products and services offered through the E-Commerce Program, as well as the suggested retail prices. They also reserve the right to prohibit a franchisee from participating in the program. This means that while franchisees are generally obligated to participate in e-commerce, Nothing Bundt Cakes maintains control over the program's specifics and can exclude franchisees under certain circumstances.