Definitions
“Contract” means you are agreeing to be bound to these standard terms and conditions when you have placed an order over the phone, in person, by e-mail or via third party and/or paid in part or in full for your product outlined in your order.
“Order” means the details of the order as per the order/invoice form, including any agreed special terms whether oral, in writing or electronic form.
“Price” means the sellers current or quoted price at time of order or enquiry.
“Seller, Us, Our or Crafty Cakes” means Crafty Cakes Ltd, 104/105 Cowick Street, Exeter, Devon, EX4 1JE.
“Buyer, you, your or customer” means you the customer who are buying products from the seller.
“Products” means any bought in products or own products made on our premises.
“Terms & Conditions” means standard terms and conditions of sale set out in this document together with any special terms agreed between the ‘buyer’ and the ‘seller’ as set out in your order/invoice form.
Special Offers & Discounts (Summer 2010)
a) Leaflets offering discount must be presented when ordering your wedding cake for discount to be valid.
b) Your name and address must match our database records.
c) Discount offer ends 30th September 2010.
1 – Disclaimer
The information on our web-site, in magazines, other forms of advertising media, order forms or photos/material shown at our shop is provided ‘as is’ with no warranty or representation of any kind, express or implied, including those of merchantability and fitness for any particular purpose, or arising from a course of dealing, usage, trade practice or other wise. Crafty Cakes has made all reasonable efforts to ensure that information provided through any form of the above media is accurate at the time of being uploaded, published or printed, however Crafty Cakes accepts no liability for any inaccuracies or omissions on any of its media. Every effort will be made to keep the information contained on it’s media as up to date as possible but at times it may contain information that is incomplete, out of date or inaccurate for which Crafty Cakes can not be held responsible. Crafty Cakes reserves the right to make changes, addendums and corrigenda at any time without notice. By continuing to use this web-site or holding in your possession any form of media associated with Crafty Cakes following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed in any way. If you do not agree to any such change you must immediately stop using this web-site or dispose of any media in your possession. The version of our terms and conditions on our web-site (www.craftycakes.com) are definitive and super-cede and other version on your order form or other wise.
We provide referrals to and links to other web-sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your browser to see if you are still in a craftycakes.com operated site or have indeed moved to another site. Crafty Cakes is not responsible for the content or practices of third party sites that may be linked to our site. When craftycakes.com provides links or references to other web-sites, no reference or assumption should be made and no representation should be inferred that Crafty Cakes is connected with, operates or controls these web-sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any craftycakes.com site or endorsement, sponsorship or support of Crafty Cakes, including its respective employees or agents.
It is a condition of allowing you free access to the content and material on our web-site that Crafty Cakes will not be liable for any loss or damage of any kind, including direct, indirect, special and consequential loss or damage of any kind arising from the use of this information obtained directly or indirectly from our web-site, except that Crafty Cakes does not exclude liability for death or personal injury caused by its negligence.
The above exclusions and limitations apply only to the extent permitted by English law. If you use this web-site from outside of the UK, you are responsible for compliance with any inter-national and local laws. None of your statutory rights as a consumer are affected.
2 – Ingredients
2.1) All of our ingredients are of the highest quality.
2.2.1) All fruit cakes used contain nuts, or traces of nuts or nut oil.
2.2.2) Nuts: – Please note all our cakes are made in an environment where nuts and nut products are used.
2.2.3) Dairy: – Please note all our cakes are made in an environment where milk, eggs and other dairy products are used.
2.2.4) Wheat and/or Gluten: – Please note all our cakes are made in an environment where gluten and wheat products are used.
2.3) Although every effort is made to keep our cake textures and qualities consistent occasionally they may vary to a small degree depending on the qualities of ingredients used.
2.4) Whilst we can cater for special dietary requirements all our cakes are baked and decorated in an environment where nut products, dairy produce, wheat and gluten products are used.
3 – Ordering
3.1.1) Most cakes – At least 2 weeks notice would be appreciated for special occasion cakes. It is usually possible to order at shorter notice but cannot be guaranteed depending on the type and design of cake you would like on the date required. We will always try to help if we can with late notice orders.
3.1.2) Wedding and civil partnership cakes – Generally 3 months notice is sufficient to secure your booking, but can be advisable to book further in advance for a Summer celebration if you can, as these dates go very quickly. It is usually possible to order at shorter notice but cannot be guaranteed depending on the type and design of cake you would like on the date required. We will always try to help if we can with late notice orders.
3.2.1) Every care has been taken to describe and show the goods accurately. Variations may occur depending on our decorator’s artistic interpretation of a particular design or for that which is necessary to construct the cake in a safe and artistic manner from any design or photo which you the customer may have supplied as a guide or reference.
3.2.2) Please note any material or photos supplied are for our general illustration only and the product may vary from that shown depending on Crafty Cakes interpretation of that cake and will not be an exact reproduction of the cake in the photo, picture or web-site.
3.2.3) When placing your order please be aware that colours may vary slightly from the photo or picture you chose your cake from; some colours (mainly reds) can bleed or run in to other colours on the cake.
3.3) Any designs and information provided by you to Crafty Cakes will not infringe the rights of any third party, and you will be responsible for any losses, damages, costs, expenses or other claims arising from any such infringement.
3.4) Please note that chocolate sticks, chocolate shavings, Ganache and cream cakes are very sensitive to temperature and should be kept cool at all times, bear this in mind when placing your order especially when having your reception in a marquee in mid-summer.
4 – Payment
4.1.1) We require a deposit for all cakes usually between 30% and 50% depending on the value and/or type of cake being ordered.
4.1.2) A minimum of £5.00 deposit is required to secure your order. The deposit will be taken at the time of order.
4.2) We accept payment by:
Cash.
Cheque* (supported by a valid cheque guarantee card)
Debit/Credit Card** (Master, Visa, Maestro, Switch and Delta).
Bank transfer
* – minimum of £5.00 (made payable to ‘Crafty Cakes’).
** – minimum of £10.00 (50p charge incurred if less).
4.3.1) The ‘price’ is that agreed at time of order and that stated on the order/invoice form which is binding upon signing the order/invoice form or by paying in part or in full for the product ordered.
4.3.2) Any price quoted is valid for a period of 21 days. After this period a re-quote will be required.
4.4) Prices will be subject to VAT at the standard rate where applicable.
4.5) Final payment or balance owing is due upon collection, viewing of the cake during the week prior to the event date or upon delivery where a viewing is not possible.
4.6) All goods remain the property of Crafty Cakes until payment is made in full.
5 – Viewing
5.1) You will be contacted when your cake is ready for viewing, this is usually in the week prior to your wedding.
5.2) Please note that where a wedding or civil partnership cake has sponge tiers the completion will not take place until one or two days before the occasion to keep the sponge cake as fresh as possible.
5.3) No liability will be taken by Crafty Cakes for any omissions or errors on wedding cakes if they are not
viewed by the bride prior to the wedding.
6 – Cake Stands & Knives
6.1) Wedding & Civil Partnership cake prices quoted include the complimentary use of most stands, bases, separators, pillars, props and a cake knife if requested.
6.2) All other cakes do NOT include complimentary use of stands, bases, separators, pillars, props and knives etc.
6.3) Cake stands, bases, separators, props and knives etc. can be hired separately for wedding and civil partnership cakes that we have NOT supplied.
6.4) A fully refundable deposit is required for the hire of all stands, bases, separators, props and knives etc. by cash, cheque or card.
6.5.1) If the stand, base, separators, props or knives are NOT returned within 3 days of the event date, the payment method of deposit will be processed to cover the cost of the item.
6.5.2) If the stands, bases, separators, props or knives are returned damaged the deposit WILL be processed to cover cost of replacement.
6.5.3) Any damage, loss, theft or mis-use or ill treatment caused for example by industrial dish-washers to stands, bases, separators or props whilst in the possession of the reception venue by it’s staff or otherwise will be the customers responsibility and the deposit WILL be processed to cover cost of replacement.
6.6) There may be an additional charge if a piece of equipment has to be sourced especially for your use.
6.7) It is your responsibility to return the stand, base, separators, props or knife to Crafty Cakes within the time frame above.
6.8) We will try our best to supply the cake stand, base, separators or props you require for your occasion however on very rare occasions this may not be possible if clients do not return the equipment on time. We will use a suitable replacement should this happen.
7 – Tin Hire
7.1) All cake tin hire is charged by the day or weekend rate.
7.2) A fully refundable deposit is required for the hire of all tins by cash, cheque or card.
7.3) If the tin is not returned by 2 days after the return due date, the payment method of deposit will be processed to cover the cost of the tin.
7.4) If the tin/s are returned damaged the deposit will be processed to cover cost of replacement.
7.5) It is your responsibility to return the cake tin/s to Crafty Cakes.
8 – Consumption of Cake
8.1) Cakes are made to be consumed within 2 days of purchase.
8.2.1) The shelf life of the cake will depend on the conditions the cake is kept in before, during and after the occasion for which it is intended.
8.2.2) Cakes kept in humid and/or hot conditions will only keep a short amount of time and the cake will deteriorate rapidly, where as a cake kept in cool dry conditions in a sealed container could last for up to a week.
8.2.3) Do NOT store cakes in a fridge or cold room as this will affect the quality of the cake and/or filling, also images, coloured icing or decoration could bleed or run.
8.2.4) It is your responsibility to maintain adequate temperature and environment condition control to maintain the quality of your product once it has left our premises.
8.3) Please note there may be decorative items on or around the cake that are NOT edible. These must be removed for your safety and that of your guests before cutting the cake and eating it. If you are NOT cutting the cake yourself it is your responsibility to make sure that this information is passed on to the person/s concerned.
8.4) Please note that our sugar flowers are hand-made with sugar. They DO contain wires and supports so they are NOT edible, again it is your responsibility to make caterers and venues aware of these facts.
9 – Collections
9.1) Collection can be made for all cakes from our premises usually on the day or day before the event.
9.2) The person receiving the cake ordered at the point of collection or delivery will need to sign for collection, If the person signing is not the person that placed the cake order, then they are signing on behalf of ‘you’ the person that placed the order.
9.3) Crafty Cakes can accept NO responsibility for the cakes safety and condition once the cake has left the shop.
10 – Deliveries
10.1) Delivery is available for wedding and civil partnership cakes mainly but can be arranged at a cost for any other type of cake also. Please ask for a quotation.
10.2) Delivery arrangements should be made at time of order. Delivery within a 6 mile radius of our shop is free for wedding and civil partnership cakes, please ask for a quotation beyond a 6 mile radius.
10.3) The delivery ‘price’ should be agreed at time of order.
10.4.1) Any delivery restrictions, limited access or limited time slots for deliveries should be made clear and outlined to us at the time of order.
10.4.2) If we will require access to military bases or other reception venues in a secure compound it is your responsibility to make arrangements for us to have access at an agreed time and date.
10.4.3) We can NOT accept any responsibility for not being able to deliver your cake on the arranged date due to being refused or denied access to the venue.
10.5.1) Once the cake has either been setup or left NOT setup if the venue does not have a cake table or furniture ready (If we have to leave the cake NOT setup we will orally advise reception venue staff on how to do this) and once oral acceptance has been sought from the venue that the cake is in good condition Crafty Cakes can accept NO responsibility for it’s care and/or safety once we have left the venue.
10.5.2) If the venue staff decide for any reason to move, alter or dismantle the cake in any way after it has been setup Crafty Cakes can NOT be held responsible.
10.5.3) If the conditions of the venue are subject to excessive heat, wind or rain we will advise on where best to position the cake. If conditions are to extreme for the cakes safety at the time of delivery we will give a member of the venue staff instructions on how to setup the cake when it is safe and environmentally suitable to do so but we can NOT be held responsible for it’s safe setup or care once we have left the venue.
10.6) Crafty Cakes will make all reasonable endeavours to deliver on time but acts or events of ‘Force Majeure’ may render delivery extremely difficult or impossible where we can NOT be held responsible or accountable.
10.7) It is your responsibility to ensure that the reception venue has an adequate and/or suitable table or furniture to display the cake.
10.8) If the cake is to be setup in a marquee or other area which maybe uneven or sloping it is your responsibility to plan for this. Crafty Cakes can NOT accept ant responsibility for damage caused by furniture of floors not fit for purpose.
10.9) Crafty Cakes is not obliged to deliver the cake or product if it has not been paid for in full before the occasion date. Except if a pre-agreement has been made to pay upon delivery.
10.10) Subject to the other provisions of these Terms, Crafty Cakes shall NOT be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the cake (goods or products) arising from any of the above.
11 – Return of Food Products
11.1) Please note all edible food stuff items and personalised products are non-returnable and non-refundable even if unopened.
11.2) Exchanges or refunds will NOT be authorised except under exceptional circumstances which will be determined at Crafty Cakes discretion.
11.3) Please be sure of what you purchase – if in any doubt please ask us before buying.
12 – Returns of Non Food Products
12.1) Crafty Cakes prides itself on offering high quality products and first class customer service. When you receive your purchase, we want you to be 100% satisfied and nothing less! Therefore, we offer a 100% money-back guarantee on all of our products except on those items in section 11 above and as long as the item/s are returned in perfect unopened condition.
13 – Cancellations & Refunds
13.1) In exceptional circumstances (such as a family bereavement or emergency) we reserve the right to cancel a cake at any time. No charges will be made, and all money paid will be refunded but no compensation will be payable should this occur.
13.2) If you have to cancel your order for any reason, you will be liable to pay for any special ordered items, and for any work that has been started. In addition if a wedding cake or civil partnership cake is cancelled within 6 weeks of the agreed date, the full outstanding balance will be payable.
14 – Warranty
14.1) Products sold with a manufacturers warranty can either be a) Dealt with by Crafty Cakes, where we will
endeavour to get the faulty product replaced as soon as possible, or b) the return of the faulty product can be dealt
with by the customer direct with the manufacturer.
14.2) Under exceptional circumstances there may be a charge in returning a product under warranty if it exceeds a reasonable amount of time to conclude.
15 – Privacy
15.1) We will use your contact details solely for the purposes of your order and for any other services we provide.
15.2) Your details will be kept private and confidential. We will NOT pass on or sell your details to any other person, company or agency.
16 – Advertising
16.1) All rights in any design copied or conceived by Crafty Cakes shall remain the exclusive property of Crafty Cakes and you acknowledge that Crafty Cakes may reproduce images and/or designs without reference to you to be used in any form of marketing or advertising purposes at a later date.
17 – Complaints
17.1) If the wrong cake was received i.e. a Football Pitch cake instead of a Football, the cake was damaged before leaving Crafty Cakes or names mis-spelled beyond cosmetic repair – NOT FOR ARTISTIC INTERPRETATION for how you the customer thought the end product should look i.e. colour, shades or size that were specified on the order form. If for any of the above reasons you are not completely satisfied with your cake at the point of collection or delivery, please let us know at this time. We will make reasonable endeavour at our discretion to do our best to rectify the cake.
17.2) In the unfortunate occurrence that you wish to make a complaint please contact us as soon as possible (within 48 hours of collection or delivery of the cake) to discuss the nature of the complaint or dissatisfaction, we will make every effort to rectify the problem if at all possible before the event. If it transpires that we are at fault after a full investigation of the facts and circumstances we will take the necessary steps to refund part or in full the monies paid for the product. We will NOT exceed that of the purchase value you paid for the product except in exceptional circumstances determined by us.
17.3) If a dispute arises after the investigation where we can NOT agree to resolve the situation, we agree to firstly try to resolve the issues with a mutually agreed upon mediator in Exeter, Devon, UK. Any costs and other fees other than solicitors fees associated with the mediation will be shard equally by each of us.
17.4) In the extremely unlikely event that we can not resolve the issues of the complaint between ourselves or by mediation then matters would have to follow Her Majesty’s court proceedings in accordance with English law.
17.5) Crafty Cakes will make every effort to resolve any complaints or dissatisfaction as quickly and as fairly as possible. The decision of Crafty Cakes is final.
18 – General
18.1) No employee of Crafty Cakes is authorised to waive these standard terms and conditions.
18.2) Crafty Cakes shall not be held responsible for any losses caused by reason of any incomplete, inaccurate or late instructions or any delay in performing, or any failure to perform due to cause beyond Crafty Cakes reasonable control including that of Force Majeure.
18.3) Definitions or references to products, goods and materials mean what you have agreed to purchase.
18.4) By placing your order by telephone, e-mail or in person you agree that you have read, understand and fully agree to these terms and conditions. By completing and submitting an electronic order form, e-mail or in person, you are making an offer to purchase goods which if accepted you are agreeing to these terms and conditions.
18.5) You the customer are NOT entitled to add or amend these standard terms and conditions.
18.6) None of the material on our web-site may be copied or reproduced without the written permission of Crafty Cakes except for reference purposes in relation to an order.
18.7) We may attribute some exceptional circumstances to that of Force Majeure at our discretion.
18.8) Crafty Cakes welcomes your questions and comments about our cakes, other products, shop, web-site or any other aspects. Please e-mail, write, telephone us or call in to our shop with your query. Our contact details can be found on your order copy or our web-site.
18.9) These standard terms and conditions are intended to cover all our media, to include order/invoice forms, our web-site usage and any other associated correspondence and agreements to supply product/s to the buyer.