General Terms and Conditions of Trade

The Cake Shop Ltd – general terms and conditions of trade

1. Our contract with you, the customer

All orders by you, the customer, for supply of goods are subject to these terms and conditions unless varied in writing and signed by both parties. Once an order has been placed your order is considered firm and there will be a contract between us.  The contract will end upon satisfactory receipt of goods.

2. Payment

The price for our celebration cakes (excluding wedding cakes) is payable as follows:

  • Web order cakes: in full at time of order
  • Bespoke cakes under £100: in full at time of order
  • Bespoke cakes over £100:
  1. 50% of the total cost (including delivery charge) upon your acceptance of our price
  2. The balance of the total cost is payable 14 days prior to delivery
  3. If an order is placed within 30 days of the event the total cost is payable at the time the order is taken

 The price for our wedding cakes is payable as follows:

  1. Wedding cakes ordered via our website are payable in full when you order online.
  2. When ordering a bespoke wedding cake following a consultation, we ask for a 50% deposit of the total cost (including delivery charge) upon your acceptance of our quote.
  3. The balance of the total cost is payable no later than 14 days prior to delivery
  4. If an order is placed within 30 days of the event the total cost is payable at the time the order is taken

All other products (non-celebration cakes) are payable in full at the time of purchase.

3. Cancellation

You may cancel a celebration cake order at any time provided the cancellation is made by the person who placed the order, or another person authorised to act on their behalf, and is communicated to us in writing. As this incurs administrative costs, lost business and impacts on our commitment to other customers, we will apply cancellation charges as follows: 

Days before delivery/collection date

Cancellation charge (percentage of total price)

14 days or more

10%

7-13 days

50%

6 days or less

100%

 

For wedding cakes:

Days before event

Cancellation charge (percentage of total cost)

60 days or more

10%

30-59 days

50%

14-29 days

75%

13 days or less

100%

 

We may also apply cancellation charges and terminate our services if you fail to pay us on the due dates given under clause 2 or if you become insolvent, appoint a liquidator receiver or administrator, or propose a voluntary agreement with your creditors. We reserve the right to apply an administration fee of £10 for any cancelled celebration cakes.

4. Changes or supply of additional goods or services

Following placement of order, should you wish to make any changes to a celebration cake design, please contact The Cake Shop.  We will try our best to accommodate changes requested, however, we are unable to accept changes within the 7-day period before the order is due for collection or delivery. Depending on the change requested, an additional charge may be applied and shall be payable in accordance with the terms of clause 2 and clause 3 in the event of cancellation. In addition to the costs incurred to make the change, we reserve the right to charge an administration fee of £10.

5. Force majeure and liability

If we are prevented from performing our services and delivery by circumstances beyond our control, including but not limited to strikes, accidents, acts of God, national or local disasters, damage to premises, weather, infectious diseases or similar events, then we will cancel the order and refund to you the amounts already paid and we will have no further liability to you.

6. Food allergies

We offer a range of cakes made with gluten free sponge and can also cater for vegans, however, all our cakes are baked and decorated in an environment where nuts are present, especially marzipan. Unless specified otherwise cakes may contain NUTS, MILK, EGGS, WHEAT, SOYA, GLUTEN, LUPIN, SEASAME SEEDS & SULPHUR DIOXIDE. Food allergy information is available on request. We cannot be responsible for any incidents involving personal food allergies.

7. Complaints

In the unlikely event that you have a complaint about your celebration cake, please inform either The Cake Shop delivery driver or a member of the shop staff so that we may have the opportunity to resolve matters immediately. If any problem cannot be resolved at that time, then you should write to us within 14 days to enable us to investigate and report to you. Accordingly it is a term of our agreement with you that we cannot entertain complaints made after 14 days as we are deprived of the opportunity to investigate any facts that you may complain of. If we cannot resolve your complaint following your writing to us, you will agree to meet with us to try to resolve matters. If this meeting fails to resolve any dispute, any legal claim you bring will be limited in value to the total cost of the cake and in respect of which any complaint is made.

8. Delivery 

  • We offer a local delivery service in our own Cake Shop vans, as well as a nationwide fragile services delivery for our Quick Cakes. We will take all possible care to ensure your cake arrives undamaged if being delivered by one of our delivery team in our own vans, however please refer to clause 7 of our general terms and conditions of trade in the event of any complaints due to damage caused by delivery. We use a fragile courier service for our Quick Cakes and provide special packaging to minimise the risk of damage in transit. Due to third party involvement, we cannot accept liability if cakes are damaged in transit when delivered by courier, however, in the unlikely event that your Quick Cake is damaged, please contact us to discuss options. Any refunds provided will be limited to the total cost of the cake.
  • We require at least seven days’ notice for any deliveries. We deliver between 8.30am and 5.30pm Monday to Saturday, excluding Bank Holidays. We offer two delivery options; 8.30am to 12.30pm or 12.30pm to 5.30pm. You must indicate at the time of order your preferred option. We may deliver at any time during these delivery windows. For wedding cake orders we ask for an indicative time which we will aim to deliver by but we reserve the right to contact the customer or the venue to agree to amend the time if necessary.
  • We highly recommend that you receive delivery of your cake yourself, but in the event that you request for your cake to be left in a safe place or with a neighbour, please make this clear at the time of order. We cannot accept responsibility for any damage or losses caused as a result of this.
  • We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

9. Hire of equipment

The hiring of equipment, including but not limited to cake stands, will require a hire charge plus a deposit. It is the responsibility of the hirer to return the equipment to one of The Cake Shops as agreed on the equipment hire form.

10. Availability

All orders are subject to acceptance and availability. We reserve the right to cancel your order in the event that:

  1. a) we experience supply chain issues outside of our control resulting in insufficient stock to deliver the goods you have ordered;
  2. b) we are unable to deliver to your area; or
  3. c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your order we will notify you and refund any sums paid as soon as possible but in any event within 30 days of your order. In the event of a pricing error you will be given the opportunity to reorder at the correct price.

11. Jurisdiction

These terms and conditions are governed by English Law and the exclusive jurisdiction of the English courts.