This is why bakers and decorators ask for payment well in advance of the event.
Last Thursday I got a call from a frantic lady saying her baker was just admitted to the hospital because her boyfriend broke her jaw in two places. Get the picture? This was a client that had no business buying a $330 cake. She had already paid for the first cake that the woman couldn't make that was much less than mine. I asked if the baker was licensed because this is the cost of a cake that size when the business is licensed. She said she wanted it anyway. It was for two days later. She asked to write a check or use a credit card and I insisted on cash immediately. She pulled up in an old van, told me the air just went out, she only had the $600 to fix it and she was giving me $333 of that money. That handwriting was on the wall. I told her to make sure she read my policies. I knew when she got in that hot car she was going to regret the cake.
Two days after the party, she told me that it was inedible. She said "no one" could eat it and that "all of it" was thrown away. I asked did she have the leftover cake? She said yes but it had been sitting out for two days uncovered.
I told her I not only taste my batter and my cakes, I torte to inspect the crumb and taste the batter. It was Warren Brown's vanilla, chocolate IMBC, Duff's fondant in buttercream. It also happened to be one of the best I had made (a chunk came off on one of the cake pans). Of course there is no evidence now. She wanted a refund. I referred her to my refund policy and she said she was taking me to court. I politely told her that it was her right and I thought she should do that since she felt so strongly.
I have a foolproof refund policy on my site, make sure I have real money ( cash or cleared check) before the cake is delivered, and check every cake. I really knew better than to do business with someone who had no business buying my cakes... I mean way out of my target market... or anyone's target, even Walmart.
The fact that the person will not return your calls is on your side. They need to contact you right away when there is a problem. Make sure you note when you called by getting your cell records. You will get a judgement because they have to prove there is something wrong. If the design is wrong, they may have evidence, but for taste, this is timely. You can't wait for days and abuse the evidence and then complain.
I told that woman that if they really threw that cake in the trash, she would have delivered that trash bag to my door. If she had said some didn't like it, that was believable. But this was Warren Brown's. Some may be indifferent to the taste, but not go so far as to spit it out.
I truly hope this woman takes me to court so that I ca report back. I have written down our conversations and documented the calls.
If a cake is good, they cannot bring you the piece of good cake, properly wrapped on the next day and ask for a refund. If it is good and they want a refund, they will wait until the cake is old or say they threw it away.
Anyone who wants to use my refund policy is welcomed to it. It's on my site.
Lesson... get your money in advance. If the date is close, insist on cash. My lesson, don't sell to someone who's car is worth less than the cake. But I do have the cash and I happily spent it on inventory for my other business, not worried a bit about court.
I would call quite a few more times from a cell where you can get the records. Be proactive. You will probably have to persue this in small claims court, but you get the fees back.