Terms & Conditions
By paying your booking fee it will be deemed that these terms are understood and accepted as applying to your order. If you seek further advice please email me at email@example.com
1. Standard Terms And Conditions Of Trading
These terms form the basis of the contract between our customer and BakeBella. These Terms and your Order Form are considered by us to set out the whole agreement between you and us for the sale of cakes. It is your responsibility to check all details in the Order Form are complete and accurate as this is the document we work on when completing your order.
2. Basis Of Sale
Any samples, drawings, or descriptions 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 BakeBella.
Quotations are valid for a period of 30 calendar days from the day of issue.
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 BakeBella.
3. The Cakes
We warrant that on delivery, the Cakes shall conform to their description as set out in the Order Form, 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 as long as it is made in line with the customer’s pre-agreed requirements set out in the Order Form and will face no consequent liability. It is the customer's responsibility to ensure all details within the Order Form and sketch/cake inspiration photos 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 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 that any cake is entirely allergen-free although we make every effort. If you wish to proceed with a free-from cake you will be required to sign a disclaimer stating you accept responsibility for those consuming the cake and are happy to go ahead on that basis.
We do not copy other supplier's designs and cannot guarantee an exact replica of any of our own cake designs but we will do our best to make it so. 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 the design. If a cake is to be dressed with fresh flowers these are to be provided by your florist. It is the customer's responsibility to ensure that the flowers used on the cake are safe to come into contact with food. BakeBella will not be held responsible for any contamination caused to the cake by the use of fresh flowers. The Customer should obtain a notice of plant safety from the florist.
From time to time certain materials for our cakes may become obsolete. This is totally out of our control; however, we will do our best to select replacement products to reflect the original design as closely as possible. We 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, we do not advise that they be eaten, due to the possible presence of dowels for reinforcement. All of our figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), we cannot guarantee a true likeness. It is your responsibility to provide images for our reference. If images are not provided standard figures shall be used.
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 unless instructed.
BakeBella and the customer expressly agree that the cakes and all goods purchased from BakeBella remain the property of BakeBella until paid for in full.
We will deliver the cake on the day set out in the Order Form to the address provided. Specific delivery times can be requested but cannot be guaranteed. BakeBella 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 and time shall not be of the essence.
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 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 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 any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.
5. Price And Payment
The total cost of your cake order will be set out in your Order Form. No Vat is payable on cakes and a £100 booking fee is required for all orders. An invoice for the booking fee will be emailed to you confirming the date you wish to secure in our diary and payment will be required within 48 hours. It is the responsibility of the customer to ensure the date they are reserving is correct as order dates are non-transferable.
Further details will be supplied on your Order Form including the final balance due and payment date details. Payment reminders will be sent prior to the due date but it is the responsibility of the customer to ensure payment is made on time.
The balance must be paid in cleared monies no later than the date set out in the Order Form by bank transfer to the account specified. Late payments will incur a daily £10 charge for every day past the payment due date. When payment is late we accept no responsibility should we be unable to purchase the required stock or equipment to make the cake as laid out in the order form. In these circumstances, the cake will be made as close to the design as possible with no redress or liability on BakeBella.
If the balance payment is not received within 7 days of the date specified this shall be constituted as a breach of contract by the customer. We reserve the right to class the order as cancelled and retain the booking fee.
Cake Tasting Boxes are a complimentary part of the BakeBella service once your booking fee has been paid. If you choose to order a Cake Tasting Box prior to securing your wedding date for £35 this payment will be due within 48 hours of receiving your invoice. Orders will not be accepted until payment is received and if the payment is not made within the allotted time we will consider your order as cancelled. No deduction of monies will be redeemable against the cost of your order if you choose this option.
6. Cancellation, Postponement And Alterations
In the event of a cancellation by the customer, charges are as follows;
8+ weeks = booking fee only
4-6 weeks = booking fee + costs for supplies (if obtained and cannot be used for another customer's order)
2-3 weeks = booking fee + costs for supplies + work carried out (i.e. sugar flowers, personalised decorations, toppers etc...)
1 week = booking fee + full balance
The booking fee is not refundable and by paying the booking fee you agree with these terms and conditions.
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 event date. Please be aware that we will only do this on occasions where the postponement is beyond the customer's control and we have the new date available. All orders are non-transferable as standard. Any further postponements will be classed as a cancellation.
All cancellations and postponements MUST be requested in writing via email.
You may, prior to 8 weeks before the event day, amend your order by providing us with written notice. In the case of alterations, a new Order Form will be issued detailing the changes and the new cost. Alterations are not confirmed until a new Order Form 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 less than the original booking value.
In the unlikely event that we need to cancel your order, any monies paid will be refunded. BakeBella 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 BakeBella, and BakeBella shall not be liable for any breach of contract resulting from such an event.
BakeBella's liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit voucher in respect thereof or granting a refund or other such compensatory measures as BakeBella, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim.
BakeBella 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 BakeBella's statutory liability for death or personal injury arising from any negligence on BakeBella's part or liability imposed by statutory implied terms in Consumer Contracts.
Complaints are very rare and due to the amount of work put into each individual cake, we 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 social media platform, 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.
Wedding couples will be sent a detailed sketch of their wedding cake based on inspiration photos prior to the wedding. It is the customer's responsibility to check that this meets their requirements and raise any issues with us if there are any discrepancies before the wedding day.
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 delivery to ensure that we are able to fairly assess the nature of the complaint.
Please note we can only deal with the customer who placed the original order.
8. General Terms
All designs and intellectual property rights remain the property of BakeBella.
We reserve the right to use images and videos of your cake for any form of advertising including web-based promotions, brochures, galleries and competitions. It is advisable that you keep a copy of all documentation received from BakeBella for your own benefit.
This Agreement together with the Order Form documents provided constitutes 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 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 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.
BakeBella reserves the right to change these Terms and Conditions at any time.
9. Contacting Us Regarding Information
BakeBella is the trading name of Abby Vickers Sole Trader registered in England and Wales.
Our contact email address is: firstname.lastname@example.org. Our address and contact for written correspondence can be issued upon request only.
Any Subject Access Request should be made to the following email address: email@example.com
This version was last updated on 5th January 2022.