Standard Terms and Conditions of Trading
The conditions set out here constitute the terms of sale. Please contact me for clarity on any matter which is not clear or you do not understand and note that nothing contained here affects your statutory rights as a consumer.
Timescales
I will endeavour to do everything I can to accommodate your order however I work to a maximum number of cakes per week and will not compromise quality through greed. Usually 6 months’ notice for wedding cakes and 1 months’ notice for celebration cakes is sufficient. Bookings are taken dependant on availability. Please book your cake as far in advance as possible.
These terms form the basis of the contract between our customer and Sweet Bandit Wedding Cakes. 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 cakes. 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.
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 Sweet Bandit Wedding Cakes.
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. After the 30 days, your cake quote will be deemed invalid and a new price would need to be calculated. All price lists are reviewed regularly every 3 months to allow for raw material price increases.
Once your booking fee has been received you are in a legally binding contract with Sweet Bandit Wedding Cakes.
Sweet Bandit Wedding Cakes and the customer expressly agree that the cakes and all goods purchased from Sweet Bandit Wedding Cakes remain the property of Sweet Bandit Wedding Cakes until paid for in full.
The Cakes
We warrant that on delivery or 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. 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 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 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.
We cannot guarantee an exact replica of any cake 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.
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 (if provided). They should NOT be refrigerated. I do not accept liability for consumption from 24 hours following the event.
Allergens
The list of allergens and ingredients for each cake that is produced is readily available to all customers. The ingredients and allergens will be sent to each client upon confirmation of their order.
Please note that all of our cakes contain: cereals containing gluten (wheat flour), milk and other dairy products and eggs. Our cakes are produced in a kitchen where nuts are used, and as such we cannot guarantee the absence of any trace even if the requested cake does not contain nuts as an intended main ingredient.
On the day of delivery/pickup, an updated list will also be supplied if the list has changed. The same list will be provided to the wedding venue at the time of delivery (along with a cutting guide for the cake). As the cakes are produced in my home kitchen, please note that I handle ALL allergens listed below. Although I take great care to ensure that no cross-contamination has taken place, I cannot guarantee that any cake is allergen free. If you have an allergy, intolerance or condition that requires your cake to be completely allergen free I will not proceed with your order and highly recommend that you source a specialised baker to bake your required cake. A specialised baker is one that bakes and creates their cakes in an allergy-controlled environment. You MUST inform me of any intolerance at the time of placing the order.
- Cereals containing gluten, namely: wheat (such as spelt and Khorasan wheat), rye, barley, oats
- Crustaceans for example prawns, crabs, lobster, crayfish
- Eggs
- Fish
- Peanuts
- Soybeans
- Milk
- Nuts; namely almonds, hazelnuts, walnuts, cashews, pecan nuts, Brazil nuts, pistachio nuts, macadamia (or Queensland) nuts
- Celery (including celeriac)
- Mustard
- Sesame
- Sulphur dioxide/sulphites
- Lupin which includes lupin seeds and flour and can be found in types of bread, pastries and pasta
- Molluscs like clams, mussels, whelks, oysters, snails and squid
Cake Flavours
All cake tiers are made of either 3 or 4 layers of sponge and 2 or 3 of buttercream (depending on the size of the tier). You can have as many different flavours as you do tiers, e.g. 3-tiered cake = 3 different flavours, 5-tiered cake = 5 different flavours. Each tier can ONLY be of one flavour – there can be NO mix and matching of flavours within a tier.
Non-Edible Decorations and Dowelling Rods
During the design process the customer will be informed of any non-edible decorations and dowelling rods that are used to construct the cake. The customer must relay this information to the venue / hosts.
Flowers
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 a cake decoration. the responsibility lies with both you (the customer) and your florist, to ensure that cross-contamination does not occur. Ask your florist for details regarding toxicity. We cannot be liable for any contamination to our food product that may arise from their misuse.
Delivery and Collection
All orders may be collected free of charge from Sweet Bandit Wedding Cakes by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises. the responsibility then passes to the customer and the company is not liable for any damage in transit. Please be aware that a flat surface is required to retain the stability of the cake and should be secured where possible to remove the risk of movement in transit. A signature is required upon collection.
If delivery has been requested, we will deliver the cake on the day set out in the order confirmation to the address provided. The cake remains the responsibility of the company while in transit. Where any damage occurs then it is the sole responsibility of the company to make good any damage. If this is not possible, for whatever reason, then a full refund will be given.
We do not offer specific delivery times. Sweet Bandit Wedding Cakes 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 and liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.
Price and Payment
The price of your cake will be as set out in your order confirmation. No Vat is payable on the cakes. A 30% booking fee is required for wedding cake orders (subject to a minimum of £100) and a 50% booking fee for all other cakes. 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.
The final full balance must be paid in cleared monies no later than 1 calendar month before the wedding date or 2 weeks (14 days) before the event for celebration cakes, by bank transfer to the account specified. Late payments will incur a £25 charge.
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 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 Sweet Bandit Wedding Cakes.
Cancellation, postponement and 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
- 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 we will carry the monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classes as a cancelation.
You may, prior to 8 weeks before the wedding day, or 7 days for celebration cakes, 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. Sweet Bandit Wedding Cakes 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, non-availability of materials or supplies or any other event outside the control of Sweet Bandit Wedding Cakes, and Sweet Bandit Wedding Cakes shall not be liable for any breach of contract resulting from such an event.
Sweet Bandit Wedding cakes’ 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 Sweet Bandit Wedding Cakes, at its discretion, considers appropriate in the circumstances and shall be limited to the to the value of the goods or services giving rise to the claim.
Sweet Bandit Wedding Cakes 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 Sweet Bandit Wedding Cakes’ statutory liability for death or personal injury arising from any negligence on Sweet Bandit Wedding Cakes’ part or liability imposed by statutory implied terms in Consumer Contracts.
Complaints
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 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 cake can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give us the opportunity to correct them. Once the cake has been handed over and accepted this confirms that decoration is as requested and no further claims can be made. Wedding cake 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 with their requirements. To raise any issues with us regarding any discrepancies the cake is to be photographed and e-mailed within 48 hours of the cake being collected or delivered.
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 within 24 hours 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.
Copyright & Design
The design copyright is the property of the company. The customer does not have any claim on the design. The company reserves the right to use images of any design for promotional purposes following the event. Sometimes the design may need to be changed slightly or different materials used if there is an issue with factors outside of my control – e.g. heat and humidity. This would be an extremely rare occurrence and please be assured that every effort will have been made to deliver the cake as specified on the order form before such extreme measures were taken. Where a design is provided to Sweet Bandit Wedding Cakes to replicate, this design remains the property of the original artist. Sweet Bandit Wedding Cakes and the client do not have rights to this design. All of these works will be credited to the original artist. It is up to the client to provide the contact details of the original artist.
General Terms
All designs and intellectual property rights remain the property of Sweet Bandit Wedding Cakes.
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 Sweet Bandit Wedding Cakes for your own benefit.
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 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 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 Northern Irish 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.
By signing this document or paying your Booking fee you are agreeing to be bound by these terms and conditions:
Sweet Bandit Wedding Cakes by Miriam Azghoud-Putegnat,
phone: 07519120321
email: miriam@sweetbanditweddingcakes.com
http://www.facebook.com/sweetbanditweddingcakes
https://www.instagram.com/sweetbanditweddingcakes/