These Terms form the basis of the contract between yourself (the Customer), and me (Cakes at Rachel’s, and Cakes at Rachel’s Boutique Wedding Cakes). From this point I shall be referred to as Cakes as Rachel’s with the understanding that these Terms also wholly include Cakes at Rachel’s Boutique Wedding Cakes. These Terms, your Order and the Order Confirmation are considered to set out the whole agreement between you and Cakes at Rachel’s for the sale of cakes. Please check the details of your order as soon as you receive it, as these are the details I will work from.
Booking Fees and Placing an Order
Celebration cake orders under £100 must be secured with a £10 booking fee. Orders over £100 must be secured with a booking fee of £30. Wedding cake orders must be secured with a booking fee of £50. To place a wedding consultation booking there is a nominal deposit of £10 to cover materials.
If you go ahead and place an order, this amount is deducted from the cost of your total. If you fail to secure your date with the booking fee, your date will be released and may be freely taken by another customer.
Booking fees are non-refundable and non-negotiable, and once paid, you the Customer, and Cakes at Rachel’s have entered into a legally binding contract.
Payment of your booking fee means you are fully and irrevocably agreeing to the terms and conditions of Cakes at Rachel’s.
Your Order Cakes at Rachel’s warrants that, on collection, the cakes 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.
Cakes at Rachel’s will not be held responsible for Customer disappointment of the design or the interpretation of the cake so long as it is made in line with the Customer’s pre-agreed requirements as set out in the order confirmation and will face no subsequent liability. It is the Customer’s responsibility to ensure all details within the order confirmation or sketch are correct and meet their exact requirements. It is advisable that you make a copy of all documentation from Cakes at Rachel’s for your own benefit.
This warranty does not apply to any defect in the cakes arising from wilful damage, accident, negligence by the customer or any third party, if you use the cake in any way other than that which Cakes at Rachel’s recommended, or the Customer’s failure to follow any instructions provided, or any alterations which the Customer carries out.
I cannot replicate another cake-maker’s work due to work ethic, but I am happy use photographs as inspiration. Colours can be recreated as closely as possible, but due to the nature of the materials I work with, an absolute match is by no means guaranteed. Sketches, written descriptions or illustrations are only ever intended as an approximation of the finished product and remain the property of Cakes at Rachel’s.
Occasionally, certain materials or ingredients I use in my cakes may become unavailable due to circumstances which are out of my control; however, I will do my best to select replacement products to reflect the original design as closely as possible. I reserve the right replace items with component parts of equal or better quality without consultation.
Fresh flowers are not included in the cost of any wedding cake design. If a wedding cake is to be dressed with fresh flowers, these should be provided by your florist. Please be aware that certain flowers are not suitable for use as a cake decoration. Please ask your florist for details regarding toxicity. Cakes at Rachel’s will not be liable for contamination to our product that may arise from their misuse.
If your cake contains figures made from sugar-paste, whilst edible, I strongly advise that they do NOT be eaten due to the likely presence of non-edible reinforcement materials such as dowels. You must not allow small children to play with or attempt to eat the models. Whilst I try to capture the characteristics of a person if requested (such as hair colour, hair length, glasses, facial hair etc), I cannot guarantee a true likeness. It is your responsibility to provide images for my reference. If images are not provided, generic figures will be used.
All cakes are photographed before collection and the original files are referenced and stored as proof of good practice. All designs and intellectual property rights remain the property of Cakes at Rachel’s. I reserve the right to use images of your cake for any form of advertising including web-based promotions, brochures, galleries and competition.
Any items handed over to Cakes at Rachel’s to form either part of your order (custom toppers, ribbons, decorations), or as inspiration for your order (photographs, colour swatches etc) will be labelled with your name and the date of your order and stored in a safe place. Items will be returned to you along with your order. However, Cakes at Rachel’s cannot be held responsible for any items which are lost or damaged.
Cakes at Rachel’s and the Customer expressly agree that the cakes, images of cakes and all goods purchased from Cakes at Rachel’s remain the property of Cakes at Rachel’s until paid for in full.
Installments and Final Payments
For celebration cakes, your final payment is due on collection. For wedding cakes, your final payment is due two weeks before the date of your wedding.
Installments can be paid at any time towards the cost of your cake, please arrange at time of booking if you would like to set up an installment schedule or contact me at any time to make a payment. It’s not a credit agreement, there are no hidden charges or associated costs.
In the event of non-payment for the cake, I reserve the right to consider the order cancelled and the booking fee forfeited.
Cancellations, Postponements and Amendments
In the event of a cancellation by you, the Customer, the charges are as follows:
More than three calendar months to the date – booking fee only. Three 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. Any payments previously made are not refundable.
In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability, I will carry any monies paid forward to the new date. Please be aware I will only do this on one occasion. Any further postponements will be classed as a cancellation. Amendments to your wedding cake order can be accommodated up to eight weeks before the date, or for celebration cakes up to ten days before the date. After this time, changes may not be able to be accommodated (due to ordering in of items specific to your order or work already completed). After this time, there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking. You will be issued with a new order confirmation detailing the changes and the new cost.
In the unlikely event that I need to cancel your order, any monies paid will be refunded. Cakes at Rachel’s 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, lock outs, riot, hostilities, also non-availability of supplies, illness or any other event outside of the control of Cakes at Rachel’s, and Cakes at Rachel’s shall not be liable for any breach of contract resulting from such an event.
Cakes at Rachel’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 or other such compensatory measures as Cakes at Rachel’s, 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.
Cakes at Rachel’s shall not under any circumstances be liable for the customer in respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Cakes at Rachel’s statutory liability for death or personal injury arising from any negligence on Cakes at Rachel’s part or liability imposed by statutory implied terms in Consumer Contracts.
Dates are not amendable. While I will always try to accommodate changes, please be aware it may not always be possible, and may result in me being unable to fulfil your order. It is the Customer’s responsibility to ensure you have supplied me with the correct date.
Collection & Delivery
I offer a delivery and set up service for wedding cakes only (due to compliance with insurance regulations). This is chargeable at £20 set up fee (to cover up to an average hour’s work) plus 45p per mile delivery fee. This rate may change to accommodate larger or more complex wedding cakes which require more work onsite. The delivery fee may rise according to current inflation/fuel/tax/insurance prices.
If you have ordered a celebration cake, you will be provided with the address for collection once your booking fee has been received. Please ensure you arrange collection of your celebration cake, as I cannot deliver.
All customers will be provided with the opportunity to view their cake twice; a) via a photograph sent before collection, b) you will be asked to check it over in person before you leave the premises.
Please make sure any minor mistakes are brought to my attention as soon as possible (spelling or age errors etc) as these can generally be corrected quickly before you leave. Once you have viewed your cake, you will be asked to sign a release form. This means you agree that the cake is in perfect condition upon collection, that you understand the instructions given regarding transportation, handling and storage, and that Cakes at Rachel’s is no longer be responsible for it once it has left the premises.
You will be advised about allergenic and reactive (mainly pertaining to E numbers in food colourings which may cause hyperactivity in children) ingredients of your cake in compliance with the FSA food allergens advice. Allergenic information will be clearly labelled on the cake box and specific details can also be found on the invoice attached to the box. Please advise me of any allergies or reactive ingredients that you would prefer me to avoid at the time of ordering so that I am aware of it. Whilst I can do my best to accommodate allergies, I cannot guarantee that cakes are completely allergen free. I work in a kitchen which frequently uses gluten, dairy, nuts, and other allergens. If you require a more comprehensive list of ingredients or suppliers, please message me, I will gladly assist you.
Transport, Storage and Serving Advice
You will find all specific instructions pertaining to your cake in the “Notes” section of your invoice which will be attached to the cake box. It is your responsibility to read these instructions.
Transport - Cakes should always be transported in the boot or passenger footwell of your car, and never on a seat or a passenger’s knee. If needed, I can provide a piece of non-slip matting, which will ensure your cake stays in place. You should never need to bring a passenger to hold your cake but may need someone to help you lift it when you reach your destination. If your cake is heavy, I will always advise you that it would be best with a two man lift. When you lift your cake, please ensure it is kept level at all times. I will always help you with your cake to the car if you require assistance, or if you would prefer me to settle your cake into a suitable place in your car.
If the weather is hot, please have your car cooled as much as possible before you arrive (either by having the windows open to ensure good air flow or the air conditioning running). Never leave your cake in the car for longer than is necessary – if you have errands to run whilst collecting the cake, please ensure I am last on your list before you go home or to the venue.
Storage – Your cake is a freshly made item which contains no additives or preservatives. It will always be at its best if consumed within two days. Please store your cut cake in a cool dry place away from direct sunlight and heat sources in the box provided. Do not refrigerate. When you arrive at your venue, please ensure the staff hold the cake in the dry stores area of the kitchen until ready to display and not in the refrigerator or in a warm area. When displaying your cake, please ensure it is on a sturdy table or surface, away from direct sunlight or heat sources. Serving – You will find a list of any non-edible structural or decorative items which need to be removed from your cake before serving in the “Notes” section of your invoice.
Cakes at Rachel’s cannot be held responsible for any damages which occur during transportation, handling, storage, display or serving.
Method of Payment
My preferred methods of payment are in cash on or before collection or via bank transfer to be cleared on or before collection. Please ensure you have the means to have cleared payment by the time you collect, as you will not be allowed to remove the cake from the premises until payment has been received.
Please note – in the event of a complaint I can only deal with the Customer who placed the original order.
Complaints are very rare and due to the amount of work put into each individual cake, I take them very seriously.
Many minor complaints regarding the decoration of celebration cakes can be easily repaired (human error can and does happen occasionally), so please point out any errors of this nature on collection to give me the opportunity to correct them. Once payment has been received this confirms the decoration is as requested and no further claims can be made. Wedding cake clients will be sent a detailed sketch of their chosen design prior to the wedding. It is the Customer’s responsibility to check that this meets with their requirements and to raise any discrepancies immediately.
Where the complaint is regarding the quality of the cake, then the cake must be returned to Cakes at Rachel’s as soon as possible and within 24 hours of collection or delivery to ensure I am able to assess the nature of the complaint fairly and in a timely manner.
Both Parties agree not to 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 amicably.
Here at Cakes at Rachel’s I take your privacy seriously. The information I gather from you (via the order form on the website www.cakesatrachels.co.uk, my Facebook business page, in person at wedding consultations, by email or by telephone) may include your name, address, telephone number, email address, the date of your event, and the delivery address of your event if applicable. At no time do I hold financial information about you, other than details of payments you may have made to me or that which is pertinent to your order. I do not underhold any details such as credit or debit card numbers.
I do not share or sell your information to any third party, and only those directly involved in the processing of your order will have any access to the information as discussed above. Once your order is complete, I do not store your information in any form of database, it is not kept any longer than necessary for my records, and it is destroyed in a responsible manner.
This Agreement together with Order Confirmation documents provided constitute 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 has not relied on (or 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 any one 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 in no way should restrict the construction of the Terms and Conditions hereof.
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