All sales made by Cake Is Happening, hereafter known as the Company, are subject to the following terms and conditions. Nothing contained within these terms and conditions affects your statutory rights as a consumer. Please read the following terms and conditions: If there is anything you don’t understand please don’t hesitate to contact me. The payment of your deposit is an acceptance of these terms and conditions.
The price for the order shall be agreed before the order is placed. You agree to pay the full price to the Company after the details are checked and agreed by you.
All orders require a non-refundable deposit of 50% of the total cost. Please note that all deposits are non-refundable and non-transferrable. All deposits become due when the order has been placed and details checked and agreed by you. All orders are deemed to have been accepted only when the deposit has been paid.
Payment may be made by Direct Bank/Building Society. Payments are not received until they are cleared into the bank account of Cake Is Happening.
Please pay the remaining balance before collection or delivery of your items. If cash is being paid it may be given at the time of collection or delivery. No items will be handed over without payment in full.
In the event that any payment is subsequently declined, the order will not be completed or released until alternative funding arrangements have been agreed and payment is made in full. Subsequent completion of the order will be subject to availability and cannot be guaranteed. The Company accepts no responsibility for any loss howsoever caused or for non-delivery under these circumstances. The customer will be responsible for the payment of any additional charges which have been incurred as a result of payment failure.
We warrant that on delivery or collection the Cakes shall conform to their description as set out in this order form, 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 form and will face no consequent liability.
The warranty does not apply to any defect in the Cakes arising from willful 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.
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 or toothpicks 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 standards 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. They should NOT be refrigerated.
Alterations to orders
Your order is very important to us. Please take the time to consider your order carefully and let us know within three days if changes are needed. It is your responsibility to advise the Company of any alterations to the original order. The Company reserves the right to increase a quoted fee in the event that the Customer requests a variation
to the work agreed. Whilst every effort will be made to assist Customers, please note that late changes cannot always by guaranteed.
From time to time certain materials for our products become obsolete or no longer available from our suppliers, for example, pre-manufactured items or ribbon colours. This is totally out of our control; however we will endeavour to re-design to reflect as closely as possible the original design using replacement products. In all cases we will try to contact you to advise you of any such changes, however the company reserves the right to replace these with components of equal or better quality without consultation.
Your order may be collected at a pre-arranged time. A signature is required upon collection confirming that you have received your order in good condition and as specified. Once the delivery time is confirmed other arrangements are made around this specified time.
Please do be aware that a 15 minute grace period shall be allowed and after that point late fees shall be incurred and the cake will not be released without these being paid. These will be £5 for the first 15 minutes and another £5 for every 15 minutes following that the cake remains uncollected. If you need to change your collection time for any reason this can be discussed in advance and every possible accommodation will be made, but if it has not been agreed by the company then the late fee will stand.
Please ensure that all cakes are transported flat in the boot of a car, never held by passengers or on the passenger seat. If the cake is not transported flat then it is the Customer’s responsibility if any damage is caused to the cake. Please also drive sensibly when transporting a cake and avoid speed bumps where possible. Some
cakes are more delicate than others but all require due care and attention.
Your delivery will be made at a pre-arranged time, subject to availability. If you have a specific delivery date and require delivery before a given time, please specify this when placing your order. We will do our best to accommodate your requirements.
It is the Customer’s responsibility to ensure that you have given us the correct delivery information, and that someone is available to receive your order. A signature will be required for the receipt of the order upon delivery.
If the recipient is not in, the order will be returned to the Company who will contact you to arrange an alternative delivery time for which an additional charge will be payable by the customer. The Company accepts no responsibility for any loss or consequential loss incurred by the Customer as a result, e.g. wedding without a wedding cake.
Should you require your order to be delivered, the company will deliver and set up your order as agreed and will want to ensure it is displayed at its best. It is your responsibility to ensure that you have provided the Company with the set-up details and arrangements made with the venue for the location and display of your items. The Company cannot be held responsible for the location of your items at the venue. Please ensure, therefore, that the display location is level, stable and strong enough to hold the cake or other items.
Please also remember that chocolate-covered items and cakes can melt in warm conditions such as inside a marquee on a hot summer’s day, or when set-up in direct sunlight. Once the items have been collected or delivered, set up, and signed for, the Company is unable to accept liability for any interference with or damage to the items thereafter.
When delivering to a wedding venue, we will always 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.
Cancellations/refunds Wedding cake or special order cancellations
As your wedding cake and/ or special order booking is reserved solely for you and certain components for your cake/s may be ordered or made months in advance, the following conditions are implemented when an order is cancelled. The deposit will be retained by the company. In unavoidable circumstances a postponement may be agreed upon but this is entirely at the Company’s discretion. If the Company is unable to complete the order due to unforeseen circumstances the deposit will be returned.
We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the colour or wording is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone on 07904171997. If a Product is damaged we will credit or refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us. If you are unhappy with the cake itself, please notify us on the day of the assumed consumption date. Our products are perishable and we assume that they will be consumed on the day of delivery. For fruit cakes, the assumed consumption date is the date of your event: For weddings, this is your wedding date; for Christmas cakes, this is Christmas day. If you have not specified the date of your event then the assumed consumption
date will be the day of delivery. Legal ownership of the goods will immediately revert to us if we refund any such payment to you. Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.
We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product.
However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
The provisions of this clause do not affect your statutory rights.
Publication and promotion rights By placing your order the Customer agrees that the Company is the sole designer and owner of the design. All rights in any original designs created and designed by the Company shall remain the exclusive property of the Company. From time to time our designs are published in media, e.g. wedding magazines. We reserve the right to use any image of a Customer’s item made by the Company for publication after the delivery date unless previously agreed in writing
between the Customer and the Company. The Customer has no ownership rights over any design. Exclusivity of designs between our Customers is not guaranteed unless the customer commissions an exclusive design.
Please note that cakes or items with sponge tiers may not be completed until the day prior to or the day of the celebration to ensure the cakes are as fresh as possible. Please prearrange viewings of any wedding cakes ordered. The Company accepts no liability for any omissions or errors on wedding cakes if they are not viewed by the Customer prior to the wedding.
Our cakes are made in an environment where nuts, eggs, milk, gluten and other allergens are present. Please be aware that whilst your chosen items may be made without a specified allergen, it will be prepared in a kitchen where allergens may be used in other products.
Raw materials used may not be free from allergens. Therefore the Company is unable to guarantee an allergen free cake.
Please be aware that all stacked cakes will contain dowels to support the tier above it and all tiers will be on cake cards. These should always be removed before serving and you will be informed how many dowels are in each tier so you can ensure they have been safely removed.