These Terms and Conditions form the basis of the contract between our client (customer) and CELEBRITY CAKES. These Terms, your order requirements received via the website/social media or contained in the QUOTATION and then INVOICE are considered by Celebrity Cakes Ltd. to set out the whole agreement between you and us for the sale of cakes and confections. It is the clients' responsibility to check that our interpretation of the clients' requirements is fully detailed in the INVOICE and that they are complete and accurate as this is the document we work to when completing your order. All of our products are made especially for your order. We do not carry any stock. Some products are available by mail order and some are hand delivered or collected only by prior agreement. All Products made by Celebrity Cakes are subject to the following Terms and Conditions.
The “Seller” is Celebrity Cakes Ltd. The “Client” means the person who buys the goods. “Goods” is defined as the items to be supplied by Celebrity Cakes as detailed on the invoice.
All of the products are bespoke and are made by the seller, no stock is carried. By ordering from Celebrity Cakes Ltd. you agree to be legally bound by these Terms and Conditions which may be modified or amended and updated in writing and on the website.
All cakes, fillings and icings may contain, or come into contact with, soy, dairy, nuts or other allergens. It is the responsibility of the client to inform Celebrity Cakes ltd. prior to the confirmation of their booking, of any allergy/intolerance issues. It is the responsibility of the client to inform their guests of all allergy/intolerance information, and accordingly, the Seller will not be held liable for any allergic reaction resulting from the consumption of the product. All special dietary products are NOT guaranteed suitable for allergies and are suitable for intolerances only. We offer various dietary options specialising in gluten-free In the past, we have made nut-free cakes. This has always been and will always be in full consultation with the client, by providing ingredient information and data sheets and is on the understanding that the Seller will not be held liable for any allergic reaction resulting from the consumption of the product. Outside of this prior arrangement, our products are not suitable for those with nut (and peanut) allergies as our kitchen handles nuts. All products are made to be eaten on the day of the celebration. In the event of an ingredient being out of stock the seller reserves the right to change the ingredient in order to fulfil its contractual obligation to the client. This change would not compromise the integrity of a special dietary product.
Here at Celebrity Cakes, we prefer at least fourteen (14) days' notice for all orders (longer for wedding cakes and large orders), as we are continually booked in advance. We will however endeavour, where availability permits, to accept short notice orders. Any goods ordered from a picture or photo, of a product produced by any other cake maker/company, can only be reproduced by Celebrity Cakes as our interpretation of that product and will NOT be an exact reproduction of the product in the picture or photo and this breaches copyright and is unfair to the original designer.
PAYMENT AND BOOKING FEE TERMS
A 25% non-refundable booking fee is required to confirm an order and hold the date for all orders. The remaining balance is due 5 weeks before the agreed delivery or collection date which will be detailed on the invoice. Orders placed with less than 5 weeks' notice must be paid in full at the time of ordering. Last-minute orders with less than two weeks' notice are required to be paid in full within 24 hours of sending the invoice. Failure to complete payment as per these terms will result in your order being cancelled.
SAVE THE DATE
For weddings and dessert table requirements, a "save the date" reservation service is available upon payment of a £150 booking fee, or at our discretion, a smaller booking fee if 25% of the total cost is less than a £150 booking fee. It is advisable to use our save the date reservation service and think about design and flavours later as the popular wedding months can often be booked more than a year in advance.
REFUNDS, CANCELLATIONS and POSTPONEMENT
Booking fees and Save the Date reservation service payments to the value of the 25% booking fee are non-refundable under any circumstances due to the potential loss of business arising from declining other bookings on the date that has been reserved for you. In the event of a cancellation by the client the following charges are as follows;
More than ninety days prior to the date = booking fee only.
Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost.
Less than one calendar month prior to the date = full amount
Orders paid in full and cancelled with more than ninety days notice prior to the date will receive a refund of any money paid minus the non-refundable booking fee.
In the very unlikely event that Celebrity Cakes Ltd. has to cancel your order for any reason, then we will give as much notice as we can and discuss the matter with you to agree on a suitable alternative. If you do not wish to accept our suggested alternative, then we will refund all monies paid. In the unlikely event that we need to cancel your order, any monies paid will be refunded. Celebrity Cakes Ltd. 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, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of the seller, and that Celebrity Cakes Ltd. shall not be liable for any breach of contract resulting from such an event. Celebrity Cakes Ltd.'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, partial refund or other such compensatory measures as Celebrity Cakes Ltd., at its discretion, considers appropriate in the circumstances and shall be limited to the value of the element of the goods or services giving rise to the claim. Celebrity Cakes Ltd. 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 Celebrity Cakes Ltd.'s statutory liability for death or personal injury arising from any negligence on Celebrity Cakes Ltd. part or liability imposed by statutory implied terms in Consumer Contracts.
Consultations are by appointment only. Consultations are complimentary for all digital appointments and complimentary for in-person Consultations for clients that have paid their booking fee or 'save the date' as above. Paid for consultations involve cake tasting the fees of which are outlined on the bookings page. The fee for a Dessert Table consultation is non-refundable against the cost of a booking due the costs incurred making cakes and confections for this type of consultation.
If a cake tasting is required, then a fee of £30 is charged and is to be paid prior to the consultation date. All appointments for consultations will be confirmed in writing by Celebrity Cakes Ltd. If a booking is made within 30 days of the consultation and the 25% booking fee or 'Save the Date' is paid, then the fee for the cake tasting will be refunded against a cake costing £450 or more excluding delivery costs and extras. This minimum amount can be amended from time to time. Cake sample boxes cost £30. These can either be collected by appointment, can be posted or can be made available at an in-person consultation.
All price quotations made verbally or in writing, are valid for 30 days from the date of quotation. If in the event that the desired date has been filled by another order/client, prior to you confirming the booking, Celebrity Cakes Ltd. is not obliged to take/honour the quote supplied to you. All Quotations are not bookings. All bookings are subject to availability.
If you have any queries or need to make any changes to a bespoke order please contact us as soon as possible. Alterations and amendments must be sent to us in writing. We will endeavour to make alterations where possible, depending on the design. We will let you know its effect on the price. Accepting any alterations is at our discretion. We reserve the right to change the design at any point if circumstances beyond our control compromise the quality of the finished product. e.g. weather conditions or for artistic reasons to improve the design. Unless at the very last moment to fulfil our contract with the client, the client will be notified of any such changes and we will endeavour to keep any changes minimal. Alterations from the buyer are not confirmed until a new order confirmation/Invoice has been issued. Should the client make any changes after the final balance has been paid then there will not be a reduction to the price even if the new design is cheaper than the original booking.
CAKE STAND HIRE
We have a small selection of stands for hire. A hire fee plus a security bond will be added to the invoice. It is the client's responsibility to return the cake stand after hire to us ideally on Monday or Tuesday and within 6 days (on a working day). We are not liable for any damages to the cake stand before we receive it back. Once the stand is returned within 6 days and is not damaged we will issue a refund of the security bond to the client to the same method of payment or by bank transfer.
On postal orders, in the unlikely event that your order arrives damaged, it is the client's responsibility to report the damage to us within 48 hours and send photographic evidence of the damage within 7 working days if you wish to claim a refund or replacement. The Seller accepts no liability for cakes and confectionery that are damaged after they have been delivered by us to the agreed location. For goods hand-delivered to venues by us, the Seller requires a signed delivery note to say that the items have arrived and are in perfect condition. Goods collected from Celebrity Cakes require a signed delivery note by the person in charge to say that they are in perfect condition. Damages at this point are not Celebrity Cakes Ltd. responsibility. The goods are fragile and require care and attention when handling, storing and displaying. Please pay careful attention to the instructions that will be provided. Where samples of the Goods and images are shown to the Buyer, the Buyer accepts that they consider samples to be given for illustrative purposes only. Given the nature of the goods, minor variations of colour, design, and taste may apply.
A cool to room temperature cake is a happy cake! Goods placed outside or in front of windows, heating appliances and in air-conditioned rooms are liable to react to the temperature. Cakes and confections placed in the fridge will condensate on the surface when brought back to room temperature and must only be placed in the fridge if instructed to do so. Sponge cakes must never be chilled. All of our cakes are butter based and as such, cold conditions solidify the butter and tighten the crumb. This makes the cake hard and therefore time must be allowed for the cake to come to room temperature so that the buttercream and sponge are a nice eatable soft texture. In hot or humid weather there is the possibility of sugar decorations melting or damage to the Goods. We are not liable in all of these circumstances if these conditions are not met. We do not provide cake tables and cutting knives. It is the responsibility of the Buyer to provide a suitable knife to cut the cake cleanly or to check the venue will provide one. All products are made to be eaten on the day of the celebration but will have a limited shelf life beyond this. We will provide a recommended shelf life of between 3 and 7 days depending on the product. Please note, that once cakes have been cut into the exposed areas will dry and the shelf life will be reduced. Individual slices and the exposed areas of the cut cake need to be wrapped in cling film. A paper napkin or decorative cake box is not acceptable for the longevity of the cake.
NON-EDIBLE INGREDIENTS AND DECORATIONS
Our Goods may contain non-edible decorations and construction, such as dowels in tiered cakes to support them or wires, straws and cocktail/bamboo sticks in some sugar flowers and decorations, this is standard practice. These will be supplied in a food-safe manner and will be detailed on the paperwork and verbally confirmed upon collection/delivery and must be removed before serving or eating.
Due to the amount of work the seller puts into each individual bespoke cake and confection we would take them very seriously. 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 cakes can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give Celebrity Cakes Ltd. the opportunity to correct them. Once delivery/collection has been accepted this confirms that decoration is as requested and no further claims can be made. Wedding cake clients (unless requested otherwise for 'Oh just surprise me' clients will be sent a detailed sketch of their wedding cake prior to the wedding. It is the client's responsibility to check that this meets their requirements and raise any issues with Celebrity Cakes Ltd. in writing as above if there are any discrepancies.
If the complaint is in regards to the quality of the cake then the cake, or remainder of the cake/tier, must be returned to Celebrity Cakes at the cost of the client as soon as possible after cutting and within 48 hours of collection/delivery to ensure that the seller is able to fairly assess the nature of the complaint. Celebrity Cakes Ltd.'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, partial refund or other such compensatory measures as Celebrity Cakes Ltd., at its discretion, considers appropriate in the circumstances and shall be limited to the value of the element of the goods or services giving rise to the claim. Celebrity Cakes reserves the right to only deal with the client who placed the original order and not a guest or recipient of the product.
All designs and intellectual property rights remain the property of Celebrity Cakes Ltd. We reserve the right to use images of your cake or confections or both 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 Celebrity Cakes for your own benefit. 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 anyone or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or enforceability 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.