Standard Terms and Conditions of Trading
These terms form the basis of the contractbetween my customer and Cakes by Michaela. These Terms, your Order, and yourOrder confirmation are considered by myself to set out the whole agreementbetween you and myself for the sale of cakes. It is your responsibility tocheck all details in the order confirmation are complete and accurate as thisis 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 and social mediaare issued solely to provide you with an approximate idea of the cakes theydescribe and remain the property of Cakes by Michaela.
Quotations are valid for a period of 7 calendardays from the day of issue. Cake sizes quoted are in inches and are based onthe diameter of the cake. Cakes are 3 1/2 to 4 inches deep as standard. If youwould like a deeper cake this needs to be requested at the time of booking.
No contract is made with you until we havereceived your booking fee. Once your booking fee has been received you are in alegally binding contract with Cakes by Michaela.
The Cakes
I warrant that on delivery or collection theCakes 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 ismade in line with the customer’s pre-agreed requirements set out in the orderconfirmation and will face no consequent liability. It is the customer’s 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. In the event of an allergen order is made, every effort according to UK regulations shall be made.You will be notified of my course of action in writing and whether you are happy for me to proceed with your order shall be confirmed in writing.
I cannot guarantee an exact replica of any cake,but I will do my best to make it so. 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 flowersthese are to be provided by your florist. I will arrange the flowers on thecake. NB. Please note some flowers are not suitable for use as a cake decoration. Ask your florist for details regarding toxicity. I cannot be liablefor any contamination of our food products that may arise from their misuse. Irecommend that your florist liaise directly with myself to confirm detail about the size of the 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 mybest to select replacement products to reflect the original design as closelyas possible. I reserve the right to replace items with component parts of equalor better quality without consultation.
If your cake contains figures made from sugarpaste, 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, andtherefore, 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 imagesfor 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
Stacked cakes contain dowels in each tier toprovide 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 dry place, at room temperature, awayfrom direct sunlight and sources of heat in the box provided. They should NOT be refrigerated.
Cakes by Michaela and the customer expressly agree that the cakes and all goods purchased from Cakes by Michaela remain the property of Cakes by Michaela until paid for in full.
Delivery and Collection
All orders may be collected free of charge from Cakes by Michaela 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. Ido not offer specific delivery times. Cakes by Michaela will always do the bestit can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence.
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 willcontact the venue in advance to arrange a mutually convenient time fordelivery. 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 damagesustained to the cake thereafter nor any failure to follow the instructions provided.
If the cake is delivered with a cake stand, a security deposit will be payable with the final balance. The stand must bereturned to us in a good, clean condition within 7 days of the wedding. Uponthe return of the stand, the deposit will be refunded. Upon the return of the stand, the deposit will be refunded. This will be refunded 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.
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 25% booking fee is required for wedding cake orders (subject to a minimum of £50) and a £25 booking fee for all other cakes. For Wedding Cakes, a detailed order confirmation will be issued detailing 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.
Please note all booking fees are non-refundable.
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, cash or payment by debit or credit card. If paying by debitor credit card, please allow 3 working days for the payment to clear. Late payments will incur a £25 charge.
If payment is not received by the date specified this shall be constituted as a breach of contract by the client. I reserve theright to hold the order until payment is made in full. When payment is late, Iaccept 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 Cakes by Michaela.
Cancellation, postponement, and alterations
In the event of a cancellation by yourselves,charges are as follows;
More than ninety days prior to the date =booking fee only.
Ninety days to one calendar month prior to thedate = booking fee plus half the remaining cost.
Less than one calendar month prior to the date =full amount
Any booking fees previously paid arenon-refundable.
In the event of a wedding postponement, thepayment due remains the same as a cancellation. If you postpone within 90 days of the wedding half the remaining cost will be due on the original payment date. 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 I will only do this on one occasion. Any further postponements will be classed as a cancelation. Postponements may also be subject to an increase in costs, in line with the annual cost of inflation, dependant on the duration of the postponement.
You may, prior to 8 weeks before the weddingday, or 7 days for celebration cakes, amend your order by providing us with written notice. In the case of alterations, a new order confirmation will beissued 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.
Cakes by Michaela reserves the right to cancel,vary or suspend the operation of this contract if events occur which are in thenature of force majeure including (without prejudice to the generality of theforegoing): fire, floods, storm, plant breakdown, strike, lockouts, riot,hostilities, non-availability of materials or supplies or any other eventoutside the control of Cakes by Michaela, and Cakes by Michaela shall not beliable for any breach of contract resulting from such an event. In this situation I will provide you with written notice and any booking fees paid are non-refundable and I refer to our cancellation policy. As such I advise you to purchase wedding insurance.
Cakes by Michaela’s liability (both in contract and tort) inrespect 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 Cakes by Michaela, at its discretion, considers appropriate in thecircumstances and shall be limited to the value of the goods or services giving rise to the claim.
Cakes by Michaela 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 Cakes by Michaela’s statutory liability for death or personal injury arising from any negligence on Cakes by Michaela’s 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 togive a 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 toresolve any issues between the parties amicably.
Complaints regarding the decoration ofcelebration cake can be easily repaired so errors of this nature must bepointed out upon delivery/collection so as to give us the opportunity tocorrect them. Once payment has been handed over this confirms that decoration is as requested, and no further claims can be made. Wedding cake clients will be sent a detailed sketch of their wedding cake prior to the wedding. It is theclient’s responsibility to check that this meets with their requirements and raise any issues with me if there are any discrepancies.
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 meas soon as possible after cutting and within 48 hours of collection/delivery toensure 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 Cakes by Michaela.
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 Cakes by Michaela for your own benefit.
This Agreement together with Order Confirmationdocuments provided constitutes the entire agreement and understanding betweenthe parties relating to the order. Except as may be expressly stated in thisAgreement, 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 tothe 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, orunderstanding made prior to this Agreement. Nothing in this paragraph excludesany liability for fraudulent misrepresentation.
In the event that anyone 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 havebeen inserted for the convenience of reference only and should in no wayrestrict or otherwise affect the construction of the terms and conditionshereof.
(Updated19th October 2021)
©2021 Cakes By Michaela
