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Creative Bakes

Terms and Conditions

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Terms and Conditions: Welcome

Terms and Conditions

These terms and conditions govern the sale and provision of cakes and other goods and services by us (please note reference to we, us, and our refer to Hannah Throup/ Creative Bakes). They form the basis of the contract between you, the customer, and Creative Bakes (Hannah Throup).

Please ensure that you have read these carefully before submitting an order. You retain responsibility for checking confirmation of an order and that it is correct and accurate.

No variation of these conditions shall be binding unless agreed in writing by Creative Bakes and any typographical, clerical, or other accidental error or omission in any sales literature or quotation shall be subject to correction without any liability on the part of Creative Bakes.


Basis of Sale

Any quotation provided by us is not deemed to have been accepted until this is confirmed in writing and the requested deposit paid in full, there will then be a contract between the customer and Creative Bakes to purchase the services and/or goods as quoted for.

A £15 deposit is required as set out above for celebration cakes and a £50 deposit is required as set out above for wedding cakes. Any balance as quoted is to be paid before collection.

Any descriptions or drawings remain the property of Creative Bakes and are to provide the customer an approximate idea of the cake they desire.

Quotations are valid for a period of 14 calendar days from the date of the quotation.

Cake sizes quoted are in inches and relate to the diameter of the cake.


Cake Decoration

We will not be held responsible for customer disappointment in the interpretation of the design as long as it is made within the remit of the customers pre agreed requirements, and will face no consequent liability. There will be no responsibility for Creative Bakes for wilful damage, accident, negligence by the customer or any third party, or if the cake is used in a way not recommended by Creative Bakes. Creative Bakes accept no responsibility or liability for any damage sustained to the cake once it has left the premises for home collection or been dropped off or set up at the venue for delivery.

Whilst we make every effort to match design and colour as requested exact matches and replicas of designs cannot be guaranteed. Figures and modelled elements are all handmade so whilst features can be replicated , we cannot guarantee a true likeness. We reserve the right to replace components, with those of  equal quality, that become obsolete or are unavailable without further consultation with you.

Fresh flowers will not be added to any cakes, these can contain pesticides, insects, dirt or other contaminants.

Creative Bakes’ cakes are made in an environment where nuts, eggs, milk, gluten and other allergens are present. Whilst we make every effort to ensure that allergy requirements are met we cannot guarantee an environment that is nut free or free of other allergens.

We shall not be deemed in breach of any contact which cannot be fulfilled in full or is delayed due to a cause beyond our reasonable control. Such causes include, but are not limited to, power failure, internet failure, lockdowns, fire, flood, storms, pandemic, or any other event beyond our control.


Cakes

Cakes should be stored flat, in a dry place at room temperature and away from direct sunlight for up to two days. Cupcakes should be eaten within one day unless placed in an airtight container when they should be eaten within two days. Cakes should not be refrigerated and modelled elements not eaten where indicated, when combined with cocktail sticks, wires or foam. Stacked cakes may have dowels to support them, ensure that these are removed before eating. We reserve the right to assume that this advice will be followed.


Non – Edible Items

Most cakes contain small proportions of inedible items, eg. support dowels, ribbon, wires in sugar flowers, flower picks and flower tape. It is the clients responsibility to ensure that these are removed by your venue/caterer before consumption. Some flowers are poisonous and not suitable for use on food products, you should notify your florist of your intention to use flowers on food to ensure that non poisonous flowers are provided. We will not be responsible for any flowers that are provided.


Delivery

When delivery is agreed, a time will be agreed beforehand and adhered to as closely as possible, but Creative Bakes will not be held responsible for delays outside of their control as set out above.

Delivery is available at an agreed rate for Wedding Cakes. Please note this is subject to availability and the distance of the delivery address.

We will take a picture of the cake in situ before leaving and a signature where possible. Should the venue set up the cake themselves we shall leave instructions, we are unable to accept any responsibility for damage to the cake caused after delivery or any failure to follow instructions.


Cancellation

If you wish to cancel an order then this must be done in writing and be at least two weeks in advance of the date. If this is not possible and a cake is to be cancelled less than two weeks before the date it is to be provided then please contact Creative Bakes to discuss. If cakes are cancelled by the customer less than 14 calendar days before the date they are to be provided, Creative Bakes reserve the right to retain the deposit in full.

In the event of a postponement by the customer then payments due will simply be postponed in line with the new dates.

If Creative Bakes cancel the order then all monies will be returned in full.


Price and Payment

The price will be as set out in communication for the order confirmation. Dates for provision of cakes are not secured until the deposit is received. The balance is payable before collection or in the case of delivery at least one full calendar day before the date for delivery.

If payment is not received by the date specified this shall be constituted as breach of contract by the customer. Creative Bakes reserves the right to hold the order until full payment has been received and if this results in delay to the order, or the order not being fulfilled exactly to the order confirmation due to equipment or stock no longer being available, Creative Bakes has no liability for this. Creative Bakes will redress as close to the order confirmation as possible in these circumstances.


Changes

Where possible Creative Bakes will accommodate changes up to one week before the due date for the cake. This will be subject to agreement and Creative Bakes reserve the right to raise additional charges for extra work requested. Any amendments will have to be requested by the customer who made the initial order.


Comments or Complaints

Complaints are exceptionally rare.

Complaints relating to the quality of the cake must be made within 48 hours and the cake returned so that this can be addressed and assessed in full.

Complaints relating to design must be made upon collection or delivery, once collected then this confirms the cake is as the customer required in design. Wedding Cakes will be sketched (if required), or described in full, before the event and it is the customer’s responsibility to check and to indicate if any elements are missing or do not meet their requirements.


General

All designs and intellectual property remain the property of Creative Bakes. Our cake designs may be used on our website and/or social media platforms or advertising. We reserve the right to use an image of your cake made by us for such publications and to use any photographs for display and/or promotion without compensation to you.

We reserve the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements. You will be subject to the terms and conditions in force at the time that you order goods from Creative Bakes, unless any changes to these terms and conditions is required to be made by law or government authority.

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.


Creative Bakes advises that the customer keeps a copy of this document and any other communication relating to their order from Creative Bakes.

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