TERMS AND CONDITIONS
“We” are: Perfect Cakes Co, Tenbury Wells, Worcestershire (“The Baker”)
“You” are: The person (or persons) who have received the Quotation (where there is more than one person, they shall be jointly and severally liable). (“The Client”)
In this agreement: “The Assignment” Means the project of work, goods and services set out in the proposal.
1.1 Orders will be accepted via e-mail, Facebook/Instagram page or by phone but are not secured until a deposit is received.
- We accept payment by bank transfer and Paypal, details of which will be provided upon booking.
2. Price and Payment
2.1 The Price for the Assignment is set out in the Quotation. There is no VAT. The Price includes the design and creation, baking and decorating to complete the Assignment.
2.2 A non-refundable Save the Date Deposit of 30% of the final Price for cakes over £150 (£20 for occasion cakes under £150) shall be paid upon entering this agreement and The Baker’s invoice for the Deposit will follow – please refer carefully to Clause 3.
2.3 The Price and the Deposit shall be the Fees of The Baker. The Baker shall invoice The Client for the Price less the Deposit 6 weeks before the Event and all Fees shall be paid in advance (and at the latest 4 weeks before the Event) in full.
2.4 All price quotations, written or verbal, are valid for 30 days from the date of quotation and may be subject to change after this point.
3. Cancellation & postponement of Agreement and the Deposit
3.1 Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
3.2 If The Baker cancels the Assignment, the Fees paid at the time of cancellation will be repaid to The Client within 14 days of cancellation and no further sum or compensation will be payable to The Client by The Baker arising from such cancellation.
3.3 If The Client cancels the Assignment within 14 days of entering into the contract (and the assignment is over 45 days from entering the contract), then the Deposit shall be repaid to The Client in full. NOTE: This right to cancel shall not be available to The Client if the Assignment is to create bespoke goods, which a bespoke drawing has been provided, when the Deposit shall be non- refundable in its entirety.
3.4 If the contract was entered (deposit received) within 45 days of the assignment date then the 14 day ‘cooling off period’ as stated in Clause 3.3 will not apply and the deposit will be non-refundable
3.5 If The Client cancels the Assignment more than 14 days after entering into this contract, and at least 31 days before the Event, then the Deposit is forfeited and will not be repayable to The Client in any circumstances due to time already spent on consultation and any loss of business due to your booking preventing further bookings on that date.
3.6 Additionally, if The Client cancels this Assignment within 30 days or less of the Event, then the Fees in full (less any monies paid) shall be due to The Baker.
3.7 In the event of a postponement, subject to availability the Baker will carry the monies paid forward to the new appointment date. With the final payment due one month before the new appointment date. Please be aware that a postponement will only be honoured on one occasion. Any further postponements will be classed as a cancellation.
3.8 If the Baker is unavailable to postpone to the new appointment date, the cancellation policy in Clause 3.5 will apply and deposit will be non-refundable
3.9 The Baker has the right to refund in whichever way they deem suitable, including vouchers and aims to refund within a month of cancellation.
4. Design, Changes and Alterations to the Assignment
4.1 The Client acknowledges that The Baker owns all right, title and interest in and to the design created in the Assignment and that The Client has no right to use it outside the express terms of this agreement.
4.2 Slight design changes are at The Baker’s discretion and are not grounds for a refund. All cake designs are subject to artistic licence and The Client acknowledges this in placing their order.
4.3 The Baker reserves the right to change the design at any point if circumstances beyond their control compromise the quality of the finished product. e.g. weather conditions. The Client will be notified of any such changes and the Baker will endeavour to keep any changes minimal.
4.4 It is the client’s responsibility to read & check the quote thoroughly; any amendments should be made in writing. If requested, the Baker will endeavour to adjust the design or flavours where possible, no adjustments will be made within 14 days of the assignment. If the alteration affects the cost, or preparation work for the original design has already been undertaken, the balance will be adjusted accordingly.
4.5 The Baker will do their best to match any colour requests for elements of the design but cannot guarantee an exact Pantone match as colours present differently in different materials.
5.1 The Baker will not be held responsible for any allergies or reactions caused by the Goods. Goods can be made without certain allergens eg. Wheat, dairy and nuts, but they are still made in a kitchen using some or all of these ingredients, and regrettably The Baker cannot, therefore, guarantee the absence of traces of them.
5.2 It is The Client’s responsibility to inform consumers of any risks.
5.3 It is the customer’s responsibility to make Cakey Lulu’s aware of any special dietary requirements that need to be accommodated in the making of their cake.
6. Non Edible Decorations and Ingredients
6.1 The Baker’s Goods may contain non-edible ingredients or decorations, such as plastic dowels in tiered cakes, ribbons, flower picks, wires, dowels and supports in some sugar figurines and flowers. These will be detailed on the Delivery Note and it is the aclients responsibility to remove these before serving or eating.
- The baker takes no responsibility for misuse of non-edible items once delivery/collection is complete
6.3.1 If the Client wishes to include fresh flowers on their cake it is recommended these are supplied by a florist who stocks organic flowers as they will to some extent come in contact with the product.
6.3.2 It is the responsibility of the client to ensure the required flowers are ordered and available, in a suitable condition, for the Baker to set up at the allocated time
6.3.3 It is the responsibility of the client to ensure that the fresh flowers are suitable for decoration (non-toxic and non-poisonous), although every effort is made to ensure the insertion of the flowers is food safe, the Baker accepts no liability for any contamination of the cake, that may occur due to inappropriate fresh flowers supplied
7.1 Due to the delicate nature of the products, the Baker will recommend personally delivering and setting up the product at the Clients Venue (Wedding cakes and tiered occasion cakes). The Baker will liaise directly with your venue coordinator to arrange this
7.2 The Baker accepts no liability for cakes that are damaged after they have been delivered to the agreed location.
7.3 For cakes delivered to venues, the Baker requires a signed delivery note by the person in charge to say that the cake has arrived and is in perfect condition – a photograph of the cake will be taken as proof. Damages after this point are not The Bakers responsibility.
7.4 Wedding and occasion are fragile and require care and attention when handling, storing, and displaying. The Client should pay careful attention to the Bakers storage and transportation (see Clause 8.2) terms
7.5 It is the responsibility of the Client to ensure the venue supply a suitable table and location for the cake to be displayed, it this location or display area is not suitable, the Baker reserves the right to set up the cake in a more appropriate location.
7.6 The cost of delivery and set up will depend on the location of the chosen venue, and the Baker will provide a Quote for this in the original cake quote. If the venue is changed and of a further distance, additional charges may apply.
7.7 Any cake placed outside or in a marquee or tipi during an event has the possibility of melting or deforming due to the heat. The Baker are not liable for a cake once it has been delivered or picked up.
7.8 The Baker will endeavour to deliver within the given time slot, however unfortunately delivery timings cannot be guaranteed. Refunds will not be given for delayed deliveries. The Baker cannot be held liable for delays in delivery caused by uncontrollable circumstances e.g. traffic, road closures, weather.
8.1 If the products are collected from Perfect Cakes Co, the Baker cannot be held liable for any damages to the products once they have left the Bakers premises.
8.2 It is the responsibility of the Client to collect the product in clean and tidy transport and products should be travelled on a flat surface (empty boot or front footwell), ideally on a non-slip mat provided by the client. It is the Client’s responsibility for the collector to drive carefully and slowly when transporting the products and to take care when loading and unloading.
9.1 Complaints are rare and taken very seriously. If the Client wishes to make a complaint or raise a concern to the Baker after receiving the Goods, they should do so in writing within 48 hours of collection/delivery. Evidence of any faults or discrepancies should be included.
9.2 If there are any complaints about the design or the appearance of the Goods, they must be expressed at the point of collection or delivery, and the Baker must be given the opportunity to eradicate these as they are usually correctable.
9.3 Wedding cake clients will be sent a detailed sketch of their bespoke wedding cake prior to the wedding. It is the clients responsibility to check that this meets with their requirements and raise any issues with us if there are any discrepancies.
9.4 If the complaint relates to the quality of the cake, at least 75% of the cake must be returned to the Baker within 2 days to ensure a fair assessment of the nature of the complaint and determine what course of action we will take. No refund will be given if the cake is not returned or has been eaten.
9.5 The Client should not post any negative information about the Baker or business arising out of this appointment on online forum, social media or websites without providing advance written notice of the intended content thereof, and providing the Baker with a prior opportunity to resolve any issue amicably.
9.6 Any refunds will be given entirely at the Bakers discretion.
10.1 The Services may be terminated if the payment of the Fees is not made in accordance with these Terms or if The Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing, or if The Client enters into any form of insolvency arrangement. Upon termination, The Client shall immediately pay any outstanding sums to The Baker.
10.2 The Baker shall not be liable for any breach of contract due to force majeure.
10.3 The Baker will not provide a wedding cake when other sheet cakes, cupcakes, cake pops etc are provided by any other company (unless previously agreed). The Baker reserve the right to remove their cake from the venue and retain payment for the cake if any other cakes, as detailed above are served at the clients wedding.
10.4 The Baker retains the right to cancel the appointment in very unusual circumstances beyond the Bakers control, such as fire or ill health, in this instance any money taken will be refunded in full.
10.5 The Baker reserves the right to use images of the Clients cake for any form of advertising including web based promotions, brochures, galleries and competitions.
10.6 The Baker cannot be held responsible for the quality of cakes consumed after 48 hours following the delivery/collection date – as after this time the quality will deteriorate due to fresh ingredients
Updated April 2020