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Terms and Conditions

Standard Terms and Conditions of Trading

These terms form the basis of the contract between my customer and STLBakes. These Terms, your Order and your Order Form are considered by me to set out the whole agreement between you and STLBakes for the sale of cakes, cupcakes, etc purchased and produced by myself. It is your responsibility to check all details of the order are complete and accurate as this is the document I will refer to when completing your order.

Basis of Sale

Any samples, drawings, or descriptions I issue and any descriptions or illustrations contained on my website are issued solely to provide you with an approximate idea of the cakes they describe and remain property of STLBakes.

Quotations are valid for a period of 30 calendar days from the day of issue. All cake quotes are measured in inches and refers to the diametre of the cake. 

No contract is made with you until I have received your booking fee. Once your booking fee has been received you are in a legally binding contract with STLBakes.

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The Cakes

I warrant that on delivery or collection of the cake/s, cupcakes etc, it 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. I 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 customers responsibility to ensure all details within the order form and sketch/s are correct and meet their exact requirements.​

The warranty does not apply to any defect in the Cake/s arising from will full damage, accident, negligence by you or any third party, if you use the cake in a way I do not recommend, your failure to follow my instructions or any alterations you carry out.

All of my products are made in a kitchen where celery, gluten, eggs, fish, nuts, milk, peanuts, sesame seeds, lupin, mustard, soya and sulphites are used and although I offer free-from products and take every precaution to minimise cross-contamination, this can not be 100% guaranteed, similarly, I cannot guarantee that any product is entirely nut-free although I make every effort to ensure this. All cakes, cupcakes, etc will have an allergen information sheet attached to the main box/ packaging and it will be the responsibility of the customer to inform all consumers of this. STLBakes will not be held responsible for any allergic reactions that may occur after someone comes into contact with or after consuming any of my products regardless of the severity of this, including death. In addition to this, It is crucial that any known allergies and intolerances be made known at the earliest point possible as some orders will not be accepted based on this.

I cannot guarantee an exact replica of any cake but I will do my best to make it so. Where colour swatches are provided I will do my best to match as close as I deem possible. Exact colour matches are not guaranteed.

Fresh flowers are not included in the price of any cake design and would need to be purchased through your florist. By securing an order with me, you agree to contact your florist stating that the flowers must be non-toxcity and suitable to be used as a cake decoration. I cannot be liable for any contamination to my cakes that may arise from their misuse. I would recommend that your florist should liaise with me directly to confirm details about the size of the cake/s being dressed to avoid any miscommunication. If silk flowers are desired, I can purchase this and the expense of this will be added to your final balance but please note, these will be generic ones which will match the colour scheme as closely as possible but colour swatches again, cannot be guaranteed. If there is a specific type of silk flower that you would like, please feel free to purchase this yourself.

From time to time certain materials for my cakes may become obsolete. This is completely out of my control but should it happen, I will do my best to select replacement products to reflect the original design as closely as possible. I reserve the right to replace items with component parts of equal or better quality without consultation, equally I also reserve the right to exercise artistic license and make last minute changes if necessary to guarantee the structural, visual and creative integrity of a cake or dessert table.

If your cake contains figures, these may be made from sugar paste and whilst edible, I do not advise that they should be eaten, due to the possible presence of dowels for reinforcement. All of my figures are handmade, and therefore, whilst I try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), I cannot guarantee a true likeness. It is your responsibility to provide images for my reference. If images are not provided standard figures shall be used.

Stacked cakes will contain dowels in each tier to provide support and these should be removed before consumption.

All of my cakes, cupcakes etc are fresh products containing no preservatives and it is advised that all cakes should be eaten within 3 days and cupcakes within 2 days unless specified and kept away from direct sunlight and heat. Buttercream based cakes can be refrigerated in warmer weathers and should be taken out of the fridge a couple of hours to be brought to room temperature before consuming. Fondant cakes should NOT be refrigerated and can be kept at room temperature in the original box or an appropriately sized container with a loose fitting lid and should be kept away from directly sunlight and heat.

I and the customer expressly agree that all cakes purchased from STLBakes remain the property of STLBakes until it is paid for in full.

Delivery and Collection

All orders may be collected free of charge from STLBakes by prior arrangement. I accept no responsibility for any damage sustained to the cake once it has been handed over to the customer.

If delivery has been requested I will deliver the cake on the day set out in the order form to the address provided. I do not offer specific delivery times. I will always do my best to ensure delivery dates agreed are achieved for the provision of the goods or services however, I cannot accept liability for delays which are out of my control. If the delivery address has changed please do be advised that this may affect the overall cost.

When delivering to a venue, I will contact the venue in advance (if applicable) to arrange a mutually convenient time for delivery. If I set up the cake/s I shall take photographs of the cake/s before leaving and, where possible, obtain a signature from the venue confirming the cake has been received and left by myself in good condition. Should the venue need to set up the cake themselves I shall explain how the cake is to be displayed and where possible, obtain a signature to verify I have done so. Once the cake has been delivered, I am unable to accept any liability neither any damage sustained to the cake/s thereafter including any failure to follow the instructions I have provided.

If the cake is delivered with a stand/s, a security deposit will be payable with the final balance. The stand/s must be returned to me in a good, clean condition within 3 days of the event to be refunded your deposit.  If the stand is not returned within this time or is returned damaged, the deposit will be forfeited.

Price and Payment

The price of your cake will be as set out on your invoice. A 25% booking fee is required for wedding cake orders (subject to a minimum of £50) and this would be specified on a detailed order confirmation which will be issued, detailing the final balance and payment details.

For all other celebrations, a 50% non-refundable booking fee (of the total cost) would be required at least one month in advance, please note that dates of bookings will not be held unless this payment has been received on the specified date and time and priority will always go to paying customers. The remaining balance would then need to be paid at least 7 days prior to the date of delivery or collection and your order will not be completed until this is paid.  

For all cake orders made within 3 weeks or less of the due date, a full upfront payment will be required and paid in clear monies by the specified time and date and failure to do so will result in a cancellation or delay as well as an additional charge of £15 to your order and please note that your order will not be started until payment is received. An additional fee for late bookings may also occur. Samples will require a full upfront payment also.  A reminder may be sent but it is the responsibility of the customer to ensure payment/s are made on time.

Please note all booking fees are non-refundable but some may be transferable and this will be based on my availability and if any work on the cake has been started and if it can be kept until the revised date, this decision will always be individually based and I will try and be as accommodating as possible, should this ever happen please contact me as soon as. In other cases, booking fees will not be transferable and as stated before, they are not refundable.

No orders are secured until your booking fee is paid and priority will always go to the paying customer. If payment is not received by the date specified this shall be constituted as breach of contract by the client. I reserve the right to hold the order until payment is made in full. When a payment is late, I will accept no responsibility should I 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 STLBakes.

Cancellation, postponement and alterations

In the event of a cancellation by yourselves after the booking fee as been paid, charges are as follows;

More than thirty (30) days prior to the date = booking fee only.

Thirty (30) days to fourteen (14) days prior to the date = booking fee plus half the remaining cost.

Less than fourteen (14) days prior to the date = full amount

Any payments previously made are not refundable.

In the event of a postponement, all payments made up to this point remains non-refundable, subject to my availability and if any non perishable work has been started on the cake, I may be able to carry the monies paid forward to the new date. Please be aware that I will only do this on one occasion. Any further postponements will be classed as a cancellation.

You may, prior to 8 weeks before the wedding day, or 14 days for celebration cakes, amend or cancel your order by providing me with written notice. In the case of alterations a new order form will be issued detailing the changes and the new cost if applicable and any additional fees must be paid upfront and once paid, you will receive a receipt of confirmation and alterations. 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 I need to cancel your order any monies paid will be refunded. STLBakes 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, pandemics regarding public health, riot, hostilities, non-availability of materials or supplies or any other event outside the control of STLBakes, and STLBakes shall not be liable for any breach of contract resulting from such an event.

STLBakes 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 STLBakes, 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.

STLBakes 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 STLBakes statutory liability for death or personal injury arising from any negligence on STLBakes 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, cupcakes, etc I take them very seriously. Any issues must be bought to my attention within 24 hours of collection or delivery to give me a fair opportunity to assess the nature of the complaint/s.

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 me the opportunity to correct them. Once payment has been handed over (on collection or delivery if applicable) 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 clients responsibility to check that this meets with their requirements and raise any issues with me if there are any discrepancies.

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 me as soon as possible after cutting and within 48 hours of collection/delivery to ensure that I am able to fairly assess the nature of the complaint.

Please note that I can only deal with the client who placed the original order unless given authority to do so.

General Terms

Prices are regularly reviewed and are at subject to change at any given time without prior notice. 

All designs and intellectual property rights remain the property of STLBakes.

I reserve the right to use images of your cake for any form of advertising including web based promotions, brochures, galleries and competitions and this applies to any pictures sent to me as well. It is advisable that you make a copy of all documentation received from STLBakes 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 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.

© 2020 by STLBakes

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