Standard Terms and Conditions of Trading –
These terms form the basis of the contract between our customer and The Cake Creative. These Terms, your Order and your Order confirmation are
considered by us to set out the whole agreement between you and us for the
sale of cakes. It is your responsibility to check all details in the order confirmation
are complete and accurate as this is the document we work to when completing
your order.
Basis of Sale –
Any samples, drawings, or descriptions we issue and any descriptions or
illustrations contained on our website are issued solely to provide you with an
approximate idea of the cakes they describe and remain the property of The Cake Creative.
Quotations are valid for a period of 10 calendar days from the day of issue. Cake
sizes quoted are in inches and are based on the diameter of the cake. Cakes are 5
inches deep as standard.
No contract is made with you until we have received your booking fee. Once your
booking fee has been received you are in a legally binding contract with The Cake Creative.
The Cakes –
We warrant that on collection or delivery the Cakes shall conform to their description as set out in the Order Confirmation, be of satisfactory quality and comply with all food
safety, statutory and regulatory requirements in the UK. We will not be held
responsible for customer disappointment of the design or the interpretation of
the cake as long as it is made in line with the customer’s pre-agreed
requirements set out in the order confirmation and will face no consequent
liability. It is the customers responsibility to ensure all details within the order
confirmation and sketch are correct and meet their exact requirements.
The warranty does not apply to any defect in the Cakes arising from wilful
damage, accident, negligence by you or any third party, if you use the cake in a
way we do not recommend, your failure to follow our instructions or any
alterations you carry out.
Our cakes are made in an environment where nuts, egg, milk, gluten and other
allergens are present. We cannot guarantee that any cake is entirely nut free
although we make every effort to ensure that allergies are accommodated.
We cannot guarantee an exact replica of any cake. Where colour swatches are
provided we will do our best to match as close as we deem possible. Exact
colour matches are not guaranteed.
Stacked cakes contain dowels in each tier to provide support and these should
be removed before consumption.
The cake is a fresh product containing no additives or preservatives and it is our
right to assume consumption on the day requested. Cakes should be stored in a cool dry place, at room temperature, away from direct sunlight and sources of heat in
the box provided. They should NOT be refrigerated, unless stated otherwise on collection or delivery.
The Cake Creative and the customer expressly agree that the cakes and all
goods purchased from The Cake Creative remain the property of The Cake Creative until paid for in full.
Celebration cake Delivery and Collection –
All celebration cake orders may be collected free of charge from The Cake Creative by prior arrangement. We accept no responsibility for any damage sustained to the cake
once it has left the premises. Please note we strongly advise that any cake more
than two tiers should be delivered by ourselves and not collected, this will incur
an additional delivery charge.
All structured cakes will be delivered by The Cake Creative to the advised venue. We require all relevant equipment and tables be set up and ready for the cake arrival.
If delivery has been requested we will deliver the cake on the day set out in the
order confirmation to the address provided. The delivery and set up charge will be automatically added to your final invoice.
When delivering to a venue, we will contact the venue in advance to arrange a
mutually convenient time for delivery. If we set up the cake we shall take a
photograph of the cake before leaving. Should the venue need to set up the
cake themselves we shall explain how the cake is to be displayed and where
possible obtain a signature to verify we have done so. Once the cake has been
delivered we are unable to accept liability for any damage sustained to the cake
thereafter nor any failure to follow the instructions provided.
Wedding Cake Delivery –
When delivering to a wedding venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the wedding cake we shall take a photograph of the cake before leaving. Should the venue need to set up the cake themselves we shall explain how the cake is to be displayed and where possible obtain a signature to verify we have done so. Once the cake has been delivered we are unable to accept liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided. If the cake is delivered with a stand, a security deposit will be payable with the final balance. The stand must be returned to us in a good, clean condition within 5 days of the wedding. Upon the return of the stand the deposit will be refunded. If the cake stand is not returned within the 5 days prior to the wedding, you may lose your deposit, unless a prior arrangement has been agreed with The Cake Creative.
Celebration Cake Price and Payment –
The price of your cake will be as set out in your order confirmation. No Vat is
payable on the cakes. A booking fee is required to secure your order, amount will
be confirmed at time of booking. The final balance is due one week prior to the
date the cake is required and booked in for collection. No further payment
reminders will be sent and it is the responsibility of the client to ensure payment
is on time.
Please note all booking fees are non-refundable and non-transferable.
The balance must be paid in cleared monies no later than the date set out in the
order confirmation by bank transfer to the account specified.
If payment is not received by the date specified this shall be constituted as
breach of contract by the client. We reserve the right to hold the order until
payment is made in full. When payment is late we accept no responsibility should
we be unable to purchase the required stock or equipment to make the cake as
laid out in the order confirmation. In these circumstances the cake will be made
as close to the order confirmation as possible with no redress or liability on The Cake Creative.
Wedding Cake Price and Payment –
The price of your cake will be as set out in your order confirmation. No Vat is payable on the cakes. A £100 booking fee is required to secure your Wedding Cake order, please note all booking fees are non-refundable and non-transferable. For Wedding Cakes, a detailed order confirmation invoice will be issued showing the final balance and payment details. No further payment reminders will be sent and it is the responsibility of the client to ensure payment is on time. The balance must be paid in cleared monies no later than the date set out in the order confirmation invoice by bank transfer to the account specified. If payment is not received by the date specified this shall be constituted as breach of contract by the client. We reserve the right to hold the order until payment is made in full. When payment is late we accept no responsibility should we be unable to purchase the required stock or equipment to make the cake as laid out in the order confirmation. In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on The Cake Creative.
Cancellation, postponement and alterations –
~ In the event of a cancellation by yourselves, charges to you are as follows for bespoke and carved celebration cakes;
More than ninety days prior to the date = booking fee only.
One calendar month prior to the date = booking fee plus half the remaining balance.
Less than two weeks prior to the date = full amount
~ In the event of a cancellation by yourselves, charges to you are as follows for all Structured and Wedding cakes;
More than 5 months prior to the date = booking fee only.
5 months to 2 calendar months prior to the date = booking fee plus half the remaining
balance.
2 calendar months or less prior to the date = full amount
In the event of a postponement, the payment due remains the same as a
cancellation. Subject to availability we may be able to carry the monies paid forward to the new date. Please be aware that we will only do this on one occasion.
Any further postponements will be classed as a cancellation.
In the case of alterations, a new order confirmation invoice will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation invoice has been issued. Should you make any changes after that time there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking.
In the unlikely event that we need to cancel your order any monies paid will be
refunded. The Cake Creative reserves the right to cancel, vary or suspend the
operation of this contract if events occur which are in the nature of force majeure
including (without prejudice to the generality of the foregoing): fire, floods, storm,
plant breakdown, strike, lock outs, riot, hostilities, non-availability of materials or
supplies, local restrictions (including pandemics) or any other event outside the control of The Cake Creative, and The Cake Creative shall not be liable for any breach of contract resulting from such an event.
Complaints –
Complaints are very rare and due to the amount of work put into each individual
cake we take them very seriously. Any issues must be brought to our attention
within 48 hours of collection or delivery to give fair opportunity to assess the
nature of the complaint.
Both Parties agree to not post any negative information about the other arising
out of this Contract or Event on any online forum or website without providing
advance written notice of the intended content thereof, and providing the other
party with a prior opportunity to resolve any issues between the parties amicably.
Where the complaint is in regards to the quality of the cake then the cake, or
remainder of the cake/tier, must be returned to us as soon as possible after
cutting and within 48 hours of collection/delivery to ensure that we are able to
fairly assess the nature of the complaint.
Please note we can only deal with the client who placed the original order.
General Terms –
All designs and intellectual property rights remain the property of The Cake Creative.
We reserve the right to use images of your cake for any form of advertising
including social media, web-based promotions, brochures, galleries and
competitions. It is advisable that you make a copy of all documentation received
from The Cake Creative for your own benefit.