Terms & Conditions
Standard Terms & Conditions
These terms form the basis of the CONTRACT between our client and Carol James Cake Design. 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 cake(s). 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.
The Basis of Sale
Any samples, descriptions, or drawings 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 Carol James Cake Design.
Quotations are valid for a period of 30 calendar days, from the day of issue. Cake sizes are quoted in inches and are based on the diameter of the cake. Cakes are five 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 Carol James Cake Design.
Cakes
We warrant that, on delivery or collection the cake(s) 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(s) as long as it’s made in line with the customers 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 cake(s) 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 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.
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. NB, please note, some flowers are NOT suitable for use as cake decoration. Ask your florist for details regarding toxicity. We cannot be liable for any contamination to our food product that may arise from their misuse. We recommend that your florist liaise directly with us to confirm detail about the size of cake being dressed to avoid any miscommunication.
Stacked cakes contain dowels in each tier to provide stability and 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, away from direct sunlight and sources of heat, in the box provided. They should NOT be refrigerated.
Carol James Cake Design and the customer expressly agree that the cakes and all goods purchased from Carol James Cake Design remain the property of Carol James Cake Design, until payment is made in full.
Delivery & Collection
All orders may be collected free of charge from Carol James Cake Design 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 two tiers or more should be delivered by ourselves and not collected.
If delivery has been requested, we will deliver the cake on the day set out in the order confirmation to the address provided.
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.
Price & Payments
The price of your cake will be set out in your order confirmation. No VAT is payable on the cakes. A £100 booking fee is required to secure your order. 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 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 required 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 Carol James Cake Design.
Cancellation, Postponements & 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 the date = booking fee, plus half the remaining cost.
Less than one calendar month 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 will carry the monies paid forward to the new wedding date. Please be aware that we will only be able to do this on one occasion. Any further postponements will be classed as a cancellation.
You may, prior to six weeks before the wedding day, amend or cancel your order by providing us 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 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. Carol James Cake Design 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, pandemic, or any other event outside the control of Carol James Cake Design and Carol James Cake Design 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 Carol James Cake Design.
We 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 Carol James Cake Design for your own benefit.
Revised 14.9.2021