Standard Terms and Conditions of Trading

 

These terms form the basis of the contract between my customer and Kath’s Creative Cakes. These Terms, your Order and your Order confirmation are considered by me to set out the whole agreement between you and I 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 I work to when completing your order. 

 

Basis of Sale 
 

Any samples, drawings, or descriptions I issue, and any descriptions or illustrations contained on my website www.kathscreativecakes.co.uk Facebook page Kath’s Creative Cakes and Instagram @kathscreativecakes are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of Kath’s Creative Cakes 

Quotations are valid for a period of 60 calendar days from the day of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Celebration Cakes are 3 inches deep as standard. If you would like a deeper cake this needs to be requested at the time of booking. 

No contract is made with you until I have received your Deposit. Once your Deposit has been received you are in a legally binding contract with Kath’s creative Cakes. 

 

The Cakes 
 

I warrant that on delivery or collection 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. I 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 I do not recommend, your failure to follow My instructions or any alterations you carry out. 

My cakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. I offer reduced gluten cakes using gluten free flour and bake them on separate days and in a separate oven. I can also cater for vegan and dairy free dietary requirements. I cannot guarantee that any cake is entirely nut free although I make every effort to ensure that allergies are accommodated. 

I cannot guarantee an exact replica of any cake, but I will do my best to make a close likeness, I prefer to create unique individual designs. Where colour swatches are provided, I will do My best to match as close as I deem possible. Exact colour matches are not guaranteed. 

Fresh flowers are not included in the price of any wedding cake design. If a wedding cake is to be dressed with fresh flowers these are to be provided by your florist. I will arrange the flowers on the cake. NB. Please note some flowers are not suitable for use as a cake decoration. Ask your florist for details regarding toxicity. I cannot be liable for any contamination to my food product that may arise from their misuse. I recommend that your florist liaise directly with me to confirm detail about the size of cake being dressed to avoid any miscommunication. 

From time-to-time certain materials for my cakes may become obsolete. This is totally out of my control; however, I will do my best to select replacement products to reflect the original design as closely as possible. I reserve the right to replace items with component parts of equal or better quality without consultation. 

If your cake contains figures made from sugar paste, whilst edible, I do not advise that they be eaten, due to the possible presence of dowels for reinforcement. All of my figures are handmade, and therefore, whilst I try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), I cannot guarantee a true likeness. It is your responsibility to provide images for my reference. If images are not provided standard figures shall be used. Images need to be provided no later than 4 weeks prior to the event for weddings and one week for celebration cakes. 

 
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 my right to assume consumption on the day requested for buttercream/frosted cakes, fondant covered cakes can last for a further three days from being cut as long as they wrapped in clean cling film and stored in an airtight container.  Traditional fruit cakes can be wrapped in clean baking parchment in an airtight container for 6 months or frozen for three months, fondant icing and marzipan must be removed prior to this. Cakes intended for display before cutting at your wedding or celebration should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. They should NOT be refrigerated. 

Kath’s creative Cakes and the customer expressly agree that the cakes and all goods purchased from Kath’s creative Cakes remain the property of Kath's creative Cakes until paid for in full. 

 

Delivery and Collection 
 
All orders may be collected free of charge from Kath’s Creative Cakes by prior arrangement. I accept no responsibility for any damage sustained to the cake once it has left the premises. 

If delivery has been requested, I will deliver the cake on the day set out in the order confirmation to the address provided. I offer an approximate delivery time. Kath’s Creative Cakes will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays arising from events out of its control in the nature of force majeure including (without prejudice to the generality of the foregoing): fire, floods, storm, equipment or vehicle breakdown, strike, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Kath’s Creative Cakes and Kath’s Creative Cakes shall not be liable for any breach of contract resulting from such an event. 
 
If the delivery address changes after the order has been confirmed additional charges may be added to cover extra mileage.  

When delivering to a wedding venue, I will contact the venue in advance to arrange a mutually convenient time for delivery. If I set up the wedding cake, I shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. Should the venue need to set up the cake themselves I shall explain how the cake is to be displayed and where possible, obtain a signature to verify I have done so. Once the cake has been delivered, I am unable to accept any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided. 

If the cake is delivered with a tiered cake stand for displaying mini cakes or cupcakes, a security deposit will be payable with the final balance. The stand must be returned to me in a good, clean condition within 3 days of the wedding. Upon the return of the stand the deposit will be refunded. This will be refund via bank transfer with 5 working days. Should the stand be returned broken or damaged, the cost of the replacement stand will be deducted from the security deposit.  

Due to the size of my workspace, I do not have individual wedding cake stands, many wedding venues will supply these as part of their package and I can recommend local wedding hire companies that supply them also. 

 

Price and Payment 

 

The price of your cake will be as set out in your order confirmation. No Vat is payable on the cake. A 25% deposit is required For Wedding Cakes with minimum of £25 deposit for celebration cakes, a detailed order confirmation will be issued confirming 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. 

Design specifications for cakes can be finalised with images as reference and detailed written communication via email, I can offer a detailed sketch of the cake prior to the wedding or celebration for a non-refundable cost of £15. It is the client’s responsibility to check that this meets with their requirements and raise any issues with me if there are any discrepancies. 

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 or cash for wedding cakes, the balance for celebration cakes must be paid when collection or delivering the cake by cash or bank transfer – if this is not possible payment by bank transfer can be made the day before the cake is due. 

If payment is not received by the date specified this shall be constituted as breach of contract by the client. I reserve the right to hold the order until payment is made in full. When payment is late, I accept no responsibility should I 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 Kath’s Creative Cakes. 
 

Cancellation, postponement and alterations 
 

In the event of a cancellation by yourselves, charges are as follows for wedding cakes; 

Sixty days to one calendar month prior to the date = deposit  

Less than one calendar month prior to the date = Deposit plus the total amount 

In the event of a wedding postponement, the payment due remains the same as a cancellation. If you postpone within 60 days of the wedding the deposit will be retained. If you postpone less than one month prior to the wedding, the outstanding balance remains payable on the original due date. Subject to availability I will carry any monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancelation. 

You may, prior to 8 weeks before the wedding day, or 7 days for celebration cakes, amend your order by providing me with written notice. In the case of alterations, a new order confirmation will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation has been issued. Should you make any changes after the time scale stipulated above there will be no reduction in the price you pay, even if your new design is cheaper than the original booking. 
 
If for any reason you fail to collect your cake order, I reserve the right to take action to recover any balances outstanding.  
 
Kath’s Creative Cakes 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 or any other event outside the control of Kath’s Creative Cakes and Kath’s Creative Cakes shall not be liable for any breach of contract resulting from such an event. In this situation I will provide you with written notice and any deposits paid for a wedding cake paid are non-refundable and I refer to My cancellation policy. As such I advise you to purchase wedding insurance.   

Kath’s Creative Cake's liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Kath’s Creative Cakes at its discretion, considers appropriate in the circumstances and shall be limited to the to the value of the goods or services giving rise to the claim. 

Kath’s Creative Cakes shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Kaths Creative Cakes statutory liability for death or personal injury arising from any negligence on Kath’s Creative Cakes part or liability imposed by statutory implied terms in Consumer Contracts. 

 

Complaints – 

 

Complaints are very rare and due to the amount of work put into each individual cake I take them very seriously. Any issues must be brought to My 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. 
 

 

Complaints regarding the decoration of celebration cake can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give me the opportunity to correct them. Once the cake has been collected or delivered this confirms that decoration is as requested, and no further claims can be made. As detailed above Wedding cake clients design specifications are finalised with images as reference and detailed written communication via email, I can offer a detailed sketch of the cake prior to the wedding or celebration. It is the client’s responsibility to check that this meets with their requirements and raise any issues with me if there are any discrepancies before the ca.ke is due to be completed 

Where the complaint is in regard to the quality of the cake then the cake, or remainder of the cake/tier, must be returned to me as soon as possible after cutting and within 48 hours of collection/delivery to ensure that I am able to fairly assess the nature of the complaint. 

Please note I can only deal with the client who placed the original order. 

 

General Terms 

 

All designs and intellectual property rights remain the property of Kath’s Creative Cakes 

I reserve the right to use images of your cake for any form of advertising including web-based promotions, brochures, galleries and competitions. It is advisable that you make a copy of all documentation received from Kath’s creative Cakes for your own benefit. 

This Agreement together with Order Confirmation documents provided constitute the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent that such statement, representation, warranty or understanding is incorporated into this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement, representation, warranty or understanding made prior to this Agreement. Nothing in this paragraph excludes any liability for fraudulent misrepresentation. 

In the event that any one or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted. 

The parties agree to submit to the non-exclusive jurisdiction of the English courts. 

Any headings utilised in this Agreement have been inserted for the convenience of reference only and should in no way restrict or otherwise affect the construction of the terms and conditions hereof.