Please take a few minutes to read through the terms and conditions, as these form the basis of the contract. Further information can be provided on request. These terms and conditions do not in any way affect your statutory rights as a consumer. ‘‘You’ means the ‘client’. ‘I’ and ‘me’ [or ‘we’ means Cake of the Art. The term ‘clients’ applies to both of the clients jointly and individually. Each client is solely and jointly responsible for all the obligations set out in this agreement These terms and conditions form part of your contract, alongside your Order Form.
**Payment of your booking fee constitutes acceptance of the following:**
1. ORDER PROCESS
1.1 All orders are subject to acceptance and availability.
1.2 It is your responsibility to provide us with a valid email address and telephone number so that we can contact you if necessary.
1.3 You shall be responsible for ensuring the accuracy of the details provided by you during the order process. Please check carefully spelling for example of names. An invoice containing full order details will be sent to you once design details have been confirmed
2. PAYMENT POLICY
2.1 Payments are currently taken in cash or bank transfer.
2.2 Upon placing an order, you agree to secure your order with a non-refundable and nontransferable booking fee of £20, or 25% of the order value, whichever is the greater. Orders are not deemed confirmed, and dates are not reserved until this payment is received. 2.3 Quotes are valid for 14 days, unless your date is filled with another order before this time. Your booking fee is payable with 7 days of receipt of your invoice. Please do check that your date is still available if some time has passed from the receipt of your invoice and making your payment.
2.4 The booking fee is taken to cover for initial work undertaken on the design of your cake and administration. It also holds your date and will mean that Cake of the Art restricts other orders for the same day. By turning down or not advertising for further work, a cancellation by you will mean a likely loss in profit from alternative orders for me. 2.4 Payment of the final balance is due a minimum of 1 week prior to the collection / delivery date to allow for preparatory work to take place and supplies to be ordered. I will produce your cake to the specification as per the Order Form which I will send to you once details have all been confirmed. Please double check that it is detailed as you require. By paying your final balance, you are confirming that what is detailed on the invoice is correct.
2.5 Failure to complete payment of the final balance by the due date on the invoice will result in the cancellation of your order and the booking fee will not be refunded or transferred.
3. COLLECTION / DELIVERY OF YOUR CAKE
3.1 Your cake will be delivered or collected by you at the pre-arranged time as stipulated on the invoice or on subsequent correspondence.
3.2 Collection / delivery times will be between the hours of 9am-2pm and 5pm-8pm on weekdays and 9am-11am on Saturdays. Cake of the Art will be in touch when your final balance is due to arrange a mutually convenient time within these hours.
3.3 If you are expecting to be late for your collection, please contact me at the earliest possible opportunity so we can attempt to rearrange this. However, I cannot guarantee that I will be available to accept late collections as I may have other plans, and so you may have to come back later in the day or the next day.
3.4 If you are not home at the agreed delivery time, a new delivery can be arranged at a cost of £15 or you will be responsible for arranging collection of your cake from Cake of the Art at a time that is mutually acceptable
3.5 The invoice and/or subsequent correspondance will stipulate the address and time for delivery / collection. Amendments to the delivery address or time may be permitted at the sole discretion of Cake of the Art and may incur additional delivery charges to cover for time and petrol, but in the case that Cake of the Art cannot deliver to the new venue, due to distance or other reason, section 4.4 and 5.3 below applies. Amendments to the collection time may be permitted at the sole discretion of Cake of the Art but in the case that Cake of the Art cannot be available to accept collection at the proposed new time, section 4.4 and 5.3 below applies.
3.6You will become the owner of the goods you ordered and responsible for the risk of loss or damage to them once they have been delivered to the delivery address or collected from Cake of the Art.
3.7 You will be asked to inspect the cake upon delivery / collection and confirm acceptance of the cake. If you have any concerns at this point, please speak to me immediately. If there is a decoration fault such as a spelling mistake, and this is pointed out at the time of collection / delivery Cake of the Art will make every attempt to rectify this. Please refer further to section 12 below.
3.8 Transportation of cakes by clients. Cake of the Art can take no responsibility for damage incurred during transportation of the cake by the client. Your cake will be boxed securely ready for you to collect & transport. You must transport it flat in the boot of your car (or footwell if the cake is small); ensure it is protected from sources of heat; drive with extra care and avoid sharp braking and bumps as much as possible. Tiered cakes are heavy and it is your responsibility to carry it from Cake of the Art to your vehicle and to ensure the vehicle can accommodate the height of the cake.
4. CHANGES TO YOUR ORDER
4.1 Cake of the Art understands that sometimes situations occur which can result in you wanting to change your order. Please contact us as early as possible before the order is due to ensure any changes can be implemented, at least 8 weeks’ notice is required for any changes – and please note agreement to any such changes are at the sole discretion of Cake of the Art. Please be aware change may incur additional costs, in line with additional work required for administration as well as additional materials and time required for the design change. A full quote will be given for proposed amendments before they are agreed upon.
4.2 A reduction in the value of the order of 50%or more will be considered a cancellation by you, unless otherwise expressly agreed in writing by Cake of the Art. Workload is considered when other orders are taken and turned away and therefore large reductions in the order will have an effect on the income of Cake of the Art. Please refer to section 5.
4.3 This contract is based upon the agreed place of delivery of your cake as per the invoice / our correspondence (unless collection has been arranged). If this changes, you are to contact Cake of the Art immediately to discuss whether we can accommodate the change. If not this will be deemed a cancellation by you and section 5.3 applies. 4.4 This contract is based upon the agreed date of delivery or collection as per the invoice (or subsequent correspondence). A change to the date will be treated as a cancellation by you as per the section 5.3 below, unless otherwise expressly agreed in writing by Cake of the Art. The booking fee is non-transferable.
5. CANCELLATION POLICY
5.1 You have the right to cancel the contract at any time up to 7 days before the date your order is due for delivery. 5.2 To exercise your right of cancellation you must give written notice to Cake of the Art via the email address shown on Cake of the Art’s website, giving details of the goods ordered.
5.3 By the customer: If the order is cancelled, your booking fee is non-refundable and nontransferable. There will be no refund or transfer of the booking fee, and any and all expenses already incurred on behalf of the finished product above this value will be invoiced. If the order is cancelled within 7 days of the date that the cake is due, the remaining full balance will be due to be paid to Cake of the Art. This is because at such short notice, it is unlikely that Cake of the Art would be able to secure another order for the same day. This would result in a loss of profit for Cake of the Art. If Cake of the Art is able to secure an order for the replacement date a refund may be payable.
5.3.1 If ingredients / supplies specific to this order have not yet been purchased, or they can be used for another order, the cost of these would be deducted from the final balance and refunded to the customer in the event of a cancellation which occurs once said final balance has been paid.
5.3.2 If a delivery charge has been paid as part of the final balance, or in addition to your non-refundable booking fee, this will be refunded to you. However, if further funds are due this payment will be offset against what is owed to Cake of the Art.
5.4 By Cake of the Art: In the event of exceptional circumstances, such as serious illness, Cake of the Art will give as much notice as possible if we are unable to fulfil your order. We will endeavour to find someone else who can produce your order to an equal standard and will refund you all monies already paid, including the booking fee. However, this cannot be guaranteed. Cake of the Art’s liability will be limited to the full cost of purchase, and we will not accept responsibility for any consequential loss.
6. POSTPONEMENT POLICY
6.1 For the avoidance of all doubt, if your event is postponed this will be treated as a cancellation. Cake of the Art will be happy to discuss the possibility of rebooking for a new date should this be possible, and if so, a new contract would be issued.
7. COLOURS AND DESIGN
7.1 Should you have any swatches of ribbon or material, this can be helpful to Cake of the Art in creating the colour theme of your choice. However, please note that due to the fact we are working with many different materials, an exact match cannot be guaranteed. This also applies to food colourings and icings. Please also note that images sent digitally are seen differently on different screens, so if a specific colour is vital, this must be communicated to Cake of the Art at the time of ordering. We can only do our best to get it as close as possible.
7.2 We can only create your finished order from what we interpret from the wording of your order; therefore it is vital you check everything is correct. It may not be possible to create exact specifications when modelling food; however we will work with you, often using sketches to ensure you are happy with the design. We do not undertake to copy another designer’s work exactly, although inspiration can be taken
8. NON-EDIBLES
8.1 A list of non-edibles (such as supporting dowels, floral wire etc) will be provided to you. It is your responsibility to ensure these are not served to your guests
9 FOOD ALLERGY DISCLAIMER
9.1 Cake of the Art is NOT an allergy-free kitchen . It cannot be guaranteed that our products are free from ingredients that may affect those with food allergies, but all efforts are made to minimise this risk where requested. At Cake of the Art we recognise the seriousness of food allergies and we recommend that you contact us before you place an order to inform us of any food allergies that you or your party may have. Cake of the Art will not assume any liability for adverse reactions to our products. The following ingredients are used in our kitchen:
The following allergens are handled in our kitchen but are stored and prepared away from cake preparation areas:
Please note that some food colourings may have an effect on behaviour in children
9.2 Cake of the Art will discuss any dietary requirements, allergies and intolerances with you at the time you place your order. It is your obligation to inform Cake of the Art of any such special requirements. Allergy information will be provided in writing upon collection / delivery of your cake
10. HIRING OF EQUIPMENT
10.1 Cake of the Art requires a refundable deposit ("the hire deposit") for the hire of cakes stands an equipment. The hire deposit will normally be £50 but if Cake of the Art requires a different amount this will be discussed with you at the time you place your order
10.2 The hire deposit will be held for a period of time discussed with you when placing your order.
10.3 All information regarding the hire deposit will be stated on the order form including the return date.
10.4 The hire deposit will be refunded in full when the item(s) / equipment is returned in the conditi it was hired out, and within the stipulated time period. 10.5 If the item(s) / equipment hired out is lost, returned damaged, or returned late by you Cake of Art will retain your full deposit for the item/items to cover the cost of replacing it/them.
10.6 For the avoidance of doubt you will become responsible for any hired equipment once that equipment has been delivered to the required address.
11. IMAGES
11.1 Photographs of your cake will be taken by us and used for social media / marketing purposes. These images remain the property of Cake of the Art. 11.2 Should you kindly share any photos of your day with us, we will of course ask your permission before sharing these further, and that of the photographer who took the images.
12. COMPLAINTS
12.1 If for any reason you are unhappy with your cake, Cake of the Art request that you return the tier(s) for inspection within 48 hours of collection/delivery. Please email Cake of the Art with your complaint. Complaints will not be dealt with via social media platforms. Please note: it is advised that cakes are not collected/delivered more than 24hrs before your event.
12.2 If a refund is deemed appropriate this will be to the value of the affected tier(s). In any event Cake of the Art's liability will be limited to the full cost of purchase, and we will not accept responsibility for any consequential loss. 12.3 We do not accept complaints for not liking the taste of our products mainly because individual's tastes are different. We can offer a tasting service for a small fee which allows you the opportunity to taste our products should you wish to do so prior to ordering.
Cake of the Art May 2023
Please take a few minutes to read through the terms and conditions, as these form the basis of the contract. Further information can be provided on request. These terms and conditions do not in any way affect your statutory rights as a consumer. ‘You’ means the ‘clients’ – and can refer to either or both parties in the couple. ‘I’ and ‘we’ means Cake of the Art The term ‘clients’ applies to both of the clients jointly and individually. Each client is solely and jointly responsible for all the obligations set out in this agreement These terms and conditions form part of your contract, alongside your Order Form
**Payment of your booking fee constitutes acceptance of the following:**
1. ORDER PROCESS
1.1 All orders are subject to acceptance and availability.
1.2 It is your responsibility to provide us with a valid email address and telephone number so that we can contact you if necessary.
1.3 You shall be responsible for ensuring the accuracy of the details provided by you during the order process. An Order Form will be sent to you once design details have been confirmed, and this will be present with your final invoice 6 weeks prior to your wedding, for you to confirm that details remain the same.
1.4 Once your booking fee has been paid, we will provide you a receipt to confirm this, as well as an Order Form once details have been confirmed.
2. PAYMENT POLICY
2.1 Payments are currently taken in cash or bank transfer.
2.2 Upon placing an order, you agree to secure your order with a non-refundable and non-transferable booking fee of £75 unless agreed otherwise. Orders are not deemed confirmed, and dates are not reserved until this payment is received. 2.3 Quotes are valid for 30 days, unless your date is filled with another order before this time. Please do check that your date is still available if some time has passed between obtaining a quote and making payment.
2.4 The booking fee is taken to cover for initial work undertaken on the design of your cake and administration. It also holds your date and will mean that Cake of the Art restricts other orders for the same day. By turning down or not advertising for further work, a cancellation by you will mean a likely loss in profit from alternative orders for me.
2.5 Payment of the final balance is due a minimum of six weeks prior to the wedding date to allow for preparatory work to take place and supplies to be ordered. I will produce your cakes to the specification as per the Order Form which I will resend with your final invoice, eight weeks before your wedding date. Please double check that it is detailed as you require. By paying your final invoice, you are confirming that what is detailed on Order Form is correct.
2.6 Failure to complete payment of the final balance by the due date on the invoice will result in the cancellation of your order and the booking fee will not be refunded or transferred.
3. DELIVERY OF YOUR CAKE
3.1 Kindly provide details of your wedding planner or the wedding coordinator at your venue and Cake of the Art will happily liaise directly with them regarding time to set up and other arrangements.
3.2 Delivery will take place in the morning, between 9am-12pm unless agreed in advance.
3.3 The Order Form will stipulate the address and time for delivery. Amendments to the delivery address or time may be permitted at the sole discretion of Cake of the Art, and may incur additional delivery charges to cover for time and petrol, but in the case that Cake of the Art cannot deliver to the new venue, due to distance or other reason, section 4.4 and 5.3 below applies.
3.4 You will become the owner of the goods you ordered and responsible for the risk of loss or damage to them once they have been delivered to the delivery address or collected from Cake of the Art.
3.5 When setting up the cake and attaching externally purchased flowers or other decoration, Cake of the Art reserves to right to leave any of these items off, or arrange them in a different way, if there is any doubt about safety or security of said items.
3.6 Transportation of wedding cakes by clients. Cake of the Art can take no responsibility for damage incurred during transportation of the cake to the venue by the client. In the event of a cake being transported to the venue by the client, it will be boxed securely. You must transport it flat in the boot of your car; ensure it is protected from sources of heat; drive with extra care and avoid sharp braking and bumps as much as possible. Tiered cakes are very heavy and it is your responsibility to carry from Cake of the Art to your vehicle, and from the vehicle to the venue safely.
4. CHANGES TO YOUR ORDER
4.1 Cake of the Art understands that sometimes situations occur which can result in you wanting to change your order. Please contact us as early as possible before the order is due to ensure any changes can be implemented, at least 8 weeks’ notice is required for any changes – and please note agreement to any such changes are at the sole discretion of Cake of the Art. Please be aware changes may incur additional costs, in line with additional work required for administration as well as additional materials and time required for the design change. A full quote will be given for proposed amendments before they are agreed upon.
4.2 If you wish to reduce the value of your order, a fee may be applicable depending how much notice is given, and how much work has already been carried out. Please refer to 4.3 below for further detail.
4.3 A reduction in the value of the order of 25% or more, or below a total value of will be considered a cancellation by you, unless otherwise expressly agreed in writing by Cake of the Art. Workload is considered when other orders are taken and turned away and therefore large reductions in the order will have an effect on the income of Cake of the Art. Please refer to section 5.
4.4 This contract is based upon the agreed place of delivery (the “venue”) of your wedding cake as per the heading on the top of this document. If this changes, you are to contact Cake of the Art immediately to discuss whether we can accommodate the change. If not this will be deemed a cancellation by you and section 5.3 applies.
4.5 This contract is based upon the agreed date of delivery of your wedding cake as per the heading on the top of this document (“Wedding Date”). A change to the date will be treated as a cancellation by you as per the section 5.3 below, unless otherwise expressly agreed in writing by Cake of the Art. The booking fee is non-transferable to new dates or events.
5. CANCELLATION POLICY
5.1 You have the right to cancel the contract at any time up to 6 weeks before the date your order is due for delivery.
5.2 To exercise your right of cancellation you must give written notice to Cake of the Art via the email address shown on Cake of the Art’s website, giving details of the goods ordered. 5.3 By the customer: If the order is cancelled, your booking fee is non-refundable and nontransferable. There will be no refund or transfer of the booking fee, and any and all expenses already incurred on behalf of the finished product above this value will be invoiced. If the order is cancelled within 4 weeks of the date of the wedding, the remaining full balance will be due to be paid to Cake of the Art. This is because at such short notice, and especially due to the nature of weddings, it is unlikely that Cake of the Art would be able to secure another order for the same day. This would result in a significant loss of profit for Cake of the Art through no fault of their own. If Cake of the Art is able to secure a replacement booking for the cancelled date then a refund can be offered.
5.3.1 If ingredients / supplies specific to this order have not yet been purchased, or they can be used for another order, the cost of these would be deducted from the final balance and refunded to the customer in the event of a cancellation which occurs once said final balance has been paid.
5.3.2 If a delivery charge has been paid as part of the final balance, or in addition to your non-refundable booking fee, this will be refunded to you. However, if further funds are due this payment will be offset against what is owed to Cake of the Art
5.4 By Cake of the Art: In the event of exceptional circumstances, such as serious illness, Cake of the Art will give as much notice as possible if we are unable to fulfil your order. We will endeavour to find someone else who can produce your order to an equal standard and will refund you all monies already paid, including the booking fee. However, this cannot be guaranteed. Cake of the Art’s liability will be limited to the full cost of purchase, and we will not accept responsibility for any consequential loss. 5.5 You are strongly advised to take out adequate wedding insurance to cover you in the event of cancellations
6. POSTPONEMENT POLICY
6.1 For the avoidance of all doubt, if your wedding is postponed this will be treated as a cancellation. Cake of the Art will be happy to discuss the possibility of rebooking for a new date should this be possible, and if so, a new contract would be issued.
7. COLOURS AND DESIGN
7.1 Should you have any swatches of ribbon or material, this can be helpful to Cake of the Art in creating the colour theme of your choice. However, please note that due to the fact we are working with many different materials, an exact match cannot be guaranteed. This also applies to food colourings and icings. Please also not that images sent digitally are seen differently on different screens, so if a specific colour is vital, this must be communicated to Cake of the Art at the time of ordering. We will use all reasonable endeavours to get it as close as possible
7.2 We can only create your finished order from what we interpret from the wording of your order; therefore it is vital you check everything is correct. It may not be possible to create exact specifications when modelling food; however we will work with you, often using sketches to ensure you are happy with the design
8. NON-EDIBLES
8.1 A list of non-edibles (such as supporting dowels, floral wire etc) will be provided to the venue. It is your responsibility to ask the venue to provide this to you and ensure these are not served to your guests.
9 FRESH FLOWER POLICY
9.1 Should fresh flowers to be provided by your florist to decorate the cake, the responsibility of the flowers’ safety, quality, freshness, and colour will rest with the florist and not with Cake of the Art toxic flowers to Cake of the Art (see 9.2). If the florist or any other supplier adds anything to the cake after we have left it set up, responsibility for any resulting damage or harm will not rest with Cake of the Art.
9.2 Cake of the Art reserves the right to not add fresh flowers left by your florist if they are deemed toxic to health or not of a suitable quality to be used on your cake.
10 FOOD ALLERGY DISCLAIMER
10.1 Cake of the Art is NOT an allergy-free kitchen. It cannot be guaranteed that our products are free from ingredients that may affect those with food allergies, but all efforts are made to minimise this risk where requested. At Cake of the Art we recognise the seriousness of food allergies and we recommend that you contact us before you place an order to inform us of any food allergies that you or your party may have. Cake of the Art will not assume any liability for adverse reactions to our products.
The following ingredients are used in our kitchen:
The following allergens are handled in our kitchen but are stored and prepared away from cake preparation areas:
Please note that some food colourings may have an effect on behaviour in children
10.2 Cake of the Art will discuss any dietary requirements, allergies and intolerances with you at the time you place your order or during your consultation. It is your obligation to inform Cake of the Art of any such special requirements.
11. HIRING OF EQUIPMENT
11.1 Cake of the Art requires a refundable deposit ("the hire deposit") for the hire of cakes stands and equipment. The hire deposit will normally be £50 but if Cake of the Art requires a different amount this will be discussed with you at the time you place your order
11.2 The hire deposit will be held for a period of time discussed with you when placing your order.
11.3 All information regarding the hire deposit will be stated on the order form including the return date.
11.4 The hire deposit will be refunded in full when the item(s) / equipment is returned in the condition it was hired out, and within the stipulated time period. 11.5 If the item(s) / equipment hired out is lost, returned damaged, or returned late by you Cake of the Art will retain your full deposit for the item/items to cover the cost of replacing it/them.
11.6 For the avoidance of doubt you will become responsible for any hired equipment once that equipment has been delivered to the required address
12. IMAGES
12.1 Photographs of your cake will be taken by us and used for social media / marketing purposes. These images remain the property of Cake of the Art. 12.2 Should you kindly share any photos of your day with us, we will of course ask your permission before sharing these further, and that of the photographer who took the images.
13. COMPLAINTS
13.1 If for any reason you are unhappy with your cake, Cake of the Art request that you return the tier(s) for inspection within 48 hours of your event.
13.2 If a refund is deemed appropriate this will be to the value of the affected tier(s). In any event Cake of the Art's liability will be limited to the full cost of purchase, and we will not accept responsibility for any consequential loss. 13.3 We do not accept complaints for not liking the taste of our products mainly because individual's tastes are different. We can offer a tasting service for a small fee which allows you the opportunity to taste our products should you wish to do so prior to ordering.
Cake of the Art May 2023
Privacy Policy
Cake of the Art is compliant with General Protection Regulations. A copy of this policy is available on Cake Of The Art’s Facebook page
@CakeOfTheArtCaerphilly or upon request by email lisa.cakeoftheart@gmail.com
Cake Of The Art January 2023