TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us at hello@cakesdesigns3nl.com.

Application

1.      These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Lima Family trading as Cakes Designs 3NL, CD3NL, Cakes D3NL, of 40 Ben Wilson Link, Springfield, Essex, UK, CM16DL with email address hello@cakesdesigns3nl.com; or via telephone number 00447771264150; (the Supplier or us or we).

2.      These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept', or when you press “Buy”, or complete your online order. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3.      Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4.      Contract means the legally-binding agreement between you and us for the supply of the Goods;

5.      Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6.      Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7.      Goods means the goods advertised on the Website or in Person that we supply to you of the number and description as set out in the Order;

8.      Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website, or as advised by us;

9.      Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via any means of communication.

10.  Website means our website WwW.CakesDesigns3NL.Com on which the Goods are advertised.

Goods

11.  The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

12.  In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13.  All Goods which appear on the Website are subject to availability.

14.  We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

15.  We retain and use all information strictly under the Privacy Policy.

16.  We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17.  The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

18.  The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

19.  A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

20.  Any quotation is valid for a maximum period of 15 days from its date, unless we expressly withdraw it at an earlier time.

21.  No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into, unless the variation is agreed by the Customer and the Supplier in writing.

22.  We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, (e.g., by giving you rights as a business).

Price and Payment

23.  The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

24.  Prices and charges may include VAT, all details about the VAT will be available for you to check at the time of the order, if any VAT is applied, it will be at the rate applicable at the time of the Order.

25.  You must pay by submitting your credit, PayPal or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

26.  We offer delivery for certain destinations. Delivery charges are calculated on a mileage and time basis plus an admin fee, we also have free delivery available for certain destinations. Alternatively, all orders can be collected free of charge from our premises, if possible, another address convenient to both parties.

27.  We will aim to deliver the order by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

28.  Delivery will be carried out in a safe and appropriate manner. Once delivered to the customer and change of hands has been completed with the product in appropriate condition, it is then up to the customer to store and care for the order (e.g., Cake) as per our instructions. If anything is to happen to the order after this exchange, we are not liable for any damages.

29.  A delivery date and time will be agreed by both parties, and if the customer is not at location at this time and date, and we are not able to contact the customer, the product will be transported back to our premises and it will be the customer’s responsibility to collect the order. The order will be store and cared for in our premises for a maximum period of 24 hours. A new collection time (and date) will be arranged at our convenience. Order not collected after this time may be destroyed. In which case, we reserve the right to seek 100% of the order value.

Collection

30.  All orders can be collected free of charge from our premises. Once the customer collects the order and change of hands has been completed with the product in appropriate condition, it is then up to the customer to store and care for the order (e.g., Cake) as per our instructions. If anything is to happen to the order (e.g., Cake) after this exchange, we are not liable for any damages.

31.  The Customer is liable for any damage, accident, or mishap that may occur once the order (e.g., Cake) is released from the care and custody of the Cakes Designs 3NL. We are not liable for any damage that may occur thereafter.

32.  Any order not picked up beyond reasonable time of the agreed collection time, can be held for a maximum of 24 hours. A new collection time (and date) will be arranged at our convenience. Order not collected after 24 hours may be destroyed. In which case we reserve the right to seek for full amount of the order value.

Third Party Collection /Delivery

33.  If a third party will be collecting the cake on the customer’s behalf, a photo of the condition of the order at the release time will be taken by us, or a release form is to be signed by that person, stating the cake is received in good condition at the time of collection /delivery.

Unforeseen Circumstances

34.  Cakes Designs 3NL 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, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Cakes Designs 3NL, and Cakes Designs 3NL shall not be liable for any breach of contract resulting from such an event. In this situation we will provide you with written notice and any booking fees paid are non-refundable and we will refer to our cancellation policy.

35.  In case of preventable circumstance in our control that affects the ability to:

36.  deliver your order on the agreed date, or

37.  if we damage your order before delivery / collection, you can (in addition to any other remedies) treat the Contract at an end.

38.  In this case the full deposit and any payments made for the undelivered order will be refunded within seven (7) days of notification to the Customer, if a direct refund (e.g., card to card, or cash to cash) is not possible at that time, we reserve the right to provide you the customer with equivalent refund amount in other form (e.g., Credit Note).

39.  If you were entitled to treat the Contract at an end in the circumstance mentioned above, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods before it is delivered and, if you do this, we will (in addition to other remedies) return all due amount.

Order Validation / Confirmation

40.  Once you have decided you’d like Cakes Designs 3NL to make your order, you will need to pay an initial deposit which reserves your order, for the day you’ve specified. This is a non-refundable deposit.

41.  Your order will be considered valid or confirmed once the agreed deposit has been made to us, and we are able to confirm the payment.

Deposits

42.  The price / deposit for our celebration cakes (excluding wedding cakes) is payable as follows:

43.  Online order is paid in full at time of order,

44.  Bespoke orders under £100 is paid in full at time of order, or,

a.       £50 for order reservation,

b.      The remaining balance must be paid in full 24 hours before the specified date, or in cash on deliver.

45.  Bespoke orders over £100 and less than £200 as follows:

a.       50% of the total cost (including delivery charge) upon your acceptance of our price,

b.      The balance of the total cost is payable 24h prior to delivery,

46.  Bespoke orders £200 or above as follows:

a.       30% of the total cost (including delivery charge) upon your acceptance of our price,

b.      60% of the total cost (including delivery charge) must be paid two (2) calendar month before the specified date.

c.       85% of the total cost (including delivery charge) must be paid 20 days prior to deliver or collection.

d.      The remaining balance must be paid in full 24 hours before the specified date, or in cash on deliver.

47.  If an order is placed within 30 days of the deliver or collection date the total cost is payable at the time the order is taken.

48.  The price / deposit for our wedding cakes is payable as follows:

a.       Wedding cakes ordered via our website are payable in full when you order online.

b.      Bespoke Wedding cakes as follows:

c.       30% of the total cost (including delivery charge) upon your acceptance of our price,

d.      60% of the total cost (including delivery charge) must be paid two (2) calendar month before the specified date.

e.       85% of the total cost (including delivery charge) must be paid 30 days prior to deliver or collection.

f.        The remaining balance must be paid in full 24 hours before the specified date, or in cash on deliver.

49.  If an order is placed within 30 days of the event the total cost is payable at the time the order is taken

50.  If you are unable to pay deposit at the time the order is taken, we ask you to make it known to us and we will work together to find a suitable solution for both of us.

51.  A non-refundable deposit is required to hold your date.

52.  The first deposit for your order in the accordance with the deposit section in this document will be qualified as non-refundable deposit, and will NOT be REFUNDED.

53.  Where we have delivered what is quoted and invoiced, but the Customer does not accept the finished quote, the deposit WILL NOT be REFUNDED. The Customer can choose to pay the remaining and proceed with the order, or leave it at no extra cost.

54.  Unless prior agreement has been made. Late or no payment is subject to order cancellation.

55.  Late payments may result in substitutions or modifications to the original order as well as an additional charge.

Withdrawal and Cancellation

56.  When a date is reserved for you, it means that we (Cakes Designs 3NL) may reject all other orders for the same date depending on your order, we may still require to reject orders for one or a few days before your date, as well as one or a few days after your date. In addition, we place orders for some items well in advance of your date to ensure they arrive on time for your order.

57.  For this reason, it becomes necessary to make a fair charge for the damages caused by your cancellation or withdrawal.

58.  With that in mind we thank you for your understanding, and we ask that you proceed with your cancellation or withdrawal as far in advance as possible, the greater in advance you can cancel your order, smaller the impact and consequently the lower the rate of damage charged.

59.  You can withdrawal the Order by telling us before the order confirmation (Contract) has been made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability, we will reimburse to you all payments received from you.

60.  All orders are made to your special and specific requirements; therefore, a late cancellation will mean that your order will be unused and destroyed.

61.  You may cancel or withdrawal any order after the order confirmation (Contract) has been made at any time, provided the cancellation is made by the person who placed the order, or another person authorised to act on their behalf, and is communicated to us in writing.

62.  To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g., a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

63.  You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website WwW.CakesDesigns3NL.Com, If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g., by email) without delay.

64.  Cancellation incurs administrative costs, lost business and impacts on our commitment to other customers, we will apply cancellation charges as follows:

73.  For wedding cakes or orders £200 and above:

84.  We may also apply cancellation charges and terminate our services if you fail to pay us on the due dates given under the deposit section in this document or if you become insolvent, appoint a liquidator receiver or administrator, or propose a voluntary agreement with your creditors. We reserve the right to apply an administration fee of £10 for any cancelled for wedding cakes or orders £200 and above.

Changes Or Supply Of Additional Goods Or Services

85.  Following placement of order, should you wish to make any changes to a celebration cake design, or wedding cakes, please contact Cakes Designs 3NL.  We will try our best to accommodate changes requested, however, we may be unable to accept changes within the 7-day period before the order is due for collection or delivery. Depending on the change requested, an additional charge may be applied. In addition to the costs incurred to make the change, we reserve the right to charge an administration fee of £10.

Return

86.  Goods not suitable for return;

87.  Due to health protection, hygiene reasons, and because our products are made to your special and specific requirements, it becomes unsaleable and unsuitable for other customers even before collection/delivery.

88.  Orders of this nature are not returnable, and can only be destroyed.

89.  In this situation your order will only be required to be returned, if there are any need to use it as proof, or validation of the reason of your dissatisfaction.

Hire of Equipment

90.  The hiring of equipment, including but not limited to cake stands, will require a hire fee plus a security deposit is required in advance. It is the Buyer’s responsibility to return the hired items after hire to return the equipment to one of Cakes Designs 3NL facilities within 2 working days.

91.  The deposit will not be refunded in the event that the item/s are damaged, or returned after 2 days. We are not liable for any damages that occur to the hired items before we receive it back. Once the stand is returned within the given timeframe and we are satisfied that it is not damaged we will issue a refund to the Buyer.

Return of Hired Equipment

92.  When an item is borrowed or hired, it must be returned within a period of 24 hours or 2 days.

93.  If you do not return the item within this period, you may incur charges directly related to the item.

94.  This charge has a minimum charge of £1 per day, which can be adjusted according to the value of the item.

95.  In the event that the item is not returned within a period of 30 days, the total value of the item at the current market value will be charged, plus the loss rate determined by us (Cakes Designs 3NL).

96.  For the purposes of this contract, borrow means hand over something that belongs to us to another person or persons, without charging any amount or receiving anything else in exchange, on condition that the borrowed item will be returned after a period of time.

97.  For the purposes of these Cancellation Rights, these words have the following meanings:

98.              Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

99.              Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Our Legal Duty to Supply the Goods

100.          We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligations.

101.          Upon delivery, the Goods will:

102.          Be of satisfactory quality;

103.          Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

104.          conform to the contract.

Non-Edible Items

105.          While every effort is made to ensure all cakes are fully edible, it is standard practice for heavily decorated cakes to contain a small proportion of inedible items; it is the client’s responsibility to ensure these are removed by yourself/your caterer/guests before consumption, e.g., support plastic or wood dowels used to stabilise the cakes, and boards in tiered/sculpted cakes, ribbon, wires in sugar flowers, support sticks in modelled figures, natural or artificial flowers etc.

106.          Such non-edible items will be highlighted under IMPORTANT SAFETY INFORMATION on the delivery note. Please take a moment to read this before consumption and ensure this information is relayed to the person cutting/serving the cake.

Product Information

107.          The images on the website are examples of our cakes. All our products are handmade and can be ordered in different sizes, shapes, colour, filling, and design from those shown on the website, your cake may have variations from the website image.

Allergies and Special Dietary Requirements

108.          Please discuss any allergies or special dietary requirements with us before making payment. We offer various dietary options; however, our products may not be suitable for those with food allergies or negative reactions to food products.

109.          All cakes, fillings and icings may contain, or come into contact with, soy, wheat, dairy, eggs, nuts or other allergens.

110.          If you require egg-free cakes please specify at the point of order. Whilst every effort will be made to accommodate such requests, as with nuts, we cannot offer a 100% guarantee.

111.          It is the responsibility of the Customer to inform us prior to the order confirmation of any allergy issues. It is the responsibility of the Customer to inform their guests of all allergy information and accordingly the Supplier will not be held liable for any allergic reaction resulting from consumption of the cake.

112.          All products are made to be eaten on the day of the celebration.

After Delivery

113.          Goods placed outside are liable to react to the temperature. In hot or humid weather there is the possibility of sugar decorations melting or damaging the goods. Please note, we do not provide cake tables, tablecloths or cutting knives. It is the responsibility of the Buyer to provide these or check with the venue to ensure these items are provided.

114.          A shelf life and Best Before Date will be provided on the Delivery Note. This is advisory only. Please note, once the cakes have been cut into the shelf life will be reduced.

Best Before Date / Storage Conditions

115.          When the cakes are cut open it starts drying slowly, therefore the first difference you noticed in old cakes is that they will generally be very dry to the touch.

116.          Opened (sliced) cakes will feel fresh and less dry if stored properly, less a cake has contact with air and heat better it will be.

117.          The main difference between the Fondant Covered Cake and Buttercream Covered Cake, is that the fondant cake are protected by the layers of sugar which is sugar paste, therefore not required to keep in the fridge, but after cutting we do recommend to put in the fridge the remaining cake.

Fondant Covered Cakes

118.          Fondant (or sugar paste) covered cakes should be stored in the cardboard box the cake is collected/delivered in, and kept in a cool (but not cold), dark place away from direct natural or artificial lights.

119.          Fondant-iced cakes can stay fresh for up to 5 days after receiving if it is stored correctly (This is advisory only). (The sugar paste icing helps create a natural barrier from the air that causes cakes to go stale.) It should also be known that, the longevity of the cake will also depend on the type of cake and the filling inside, for example cakes with fresh fruit will generally last less time. Therefore, it is advised to preserve cakes with fruits for 3 full days only.

120.          Fondant covered cakes and modelled figures should not be refrigerated (nor stored in a plastic container), as it will cause condensation to form on the surface of the icing and give the cakes a ‘wet’ look, in which colours may run (though the taste will be unaffected).

Buttercream Cakes

121.          Buttercream covered cakes need not be refrigerated in winter, because the room temperature is generally cold enough to keep it in great condition.

122.          In summer we generally recommend to keep the cake in the refrigerator because it's the best way to control the cake temperature.

123.          If the ambient temperature is too high, we recommend that you keep the cake in the refrigerator, and removed from the refrigerator at least 2 hours before the time to cut or serve the cake.

124.          Buttercream covered cakes can stay fresh for up to 5 days after receipt if it is stored correctly (This is advisory only). It should also be known that, the longevity of the cake will also depend on the type of cake and the filling inside, for example cakes with fresh fruit tend to last less time. Therefore, it is advised to preserve cakes with fruits for 3 full days only.

Freezing the Cakes

125.          If you intend to freeze the cake or part of it, you should do that as quickly as possible, in order to preserve the cake in its best possible condition.

126.          Food hygiene regulations recommend that food should only be frozen for a maximum of 3 months.

127.          However, many people will tell you that you can freeze the cake for up to 1 year, you should bear in mind that the longer the cake is frozen the lower its quality will be and the taste may degrade or change slightly.

128.          Our cakes are made of natural ingredients; because of this they will not have the extended shelf life of most supermarket cakes, which contain additives and preservatives to ensure their prolonged life. Freezing the cake however, preserves the taste of the sponge and icing as much as feasibly possible, and will be perfectly safe to eat, but please bear in mind that as with refrigeration it will affect the visual appearance of the icing, as condensation will form upon defrosting.

Portion Guide

129.          Number of servings per cake as detailed in quotes are a guideline only. Yield will vary dependent upon how the cake is cut, which is the responsibility of the customer/caterer.

Publication

130.          We reserve the right to use any image of a product made by us for publication at a later date.

131.          All designs and intellectual property rights remain the property of Cakes Designs 3NL.

132.          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 Cakes Designs 3NL for your own benefit.

Images Offered

133.          When you purchase our Cakes, or other services, you may be offered a digital photo, this photo and design remains the intellectual property of Cakes Designs 3NL, and must not be used in any way that we deem inappropriate, e.g., commercial use.

Circumstances Beyond the Control of Either Party

134.          In the event of any failure by a party because of something beyond its reasonable control:

135.          the party will advise the other party as soon as reasonably practicable; and

136.          the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel.

Consultations

137.          Consultations are by appointment only and are not applicable to all orders. An appointment for a consultation and tasting must be agreed on with Cakes Designs 3NL by email and a non-refundable Consultation Fee must be paid prior to consultation date before it can be confirmed. All appointments for consultations will be confirmed in writing by Cakes Designs 3NL.

Complaints

138.          Should you have concerns about your cake, please notify us immediately upon collection/delivery of the cake so that we have the opportunity to rectify it in time for your event. All other concerns should be made in writing, and evidence of the any faults, damages or discrepancies should be included. Cake samples must be returned within 24 hours of collection/delivery. If any refunds, it will be given entirely at our discretion. No refunds are given due to change of mind.

139.          For any enquiries or complaints regarding data privacy, you can e-mail: complaints@cakesdesigns3nl.com.

Privacy

140.          Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

141.          These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy () and cookies policy ().

142.          For the purposes of these Terms and Conditions:

a.                   'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b.                  'GDPR' means the UK General Data Protection Regulation.

c.                   'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

143.          We are a Data Controller of the Personal Data we Process in providing Goods to you.

144.          Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

                                 i.      Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

                               ii.     We will only Process Personal Data for the purposes identified;

                             iii.      We will respect your rights in relation to your Personal Data; and

                             iv.      We will implement technical and organisational measures to ensure your Personal Data is secure.

Excluding Liability

145.          The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury

146.          caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

147.          The Contract (including any non-contractual matters) is governed by the law of England and Wales.

148.          Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

149.          We try to avoid any dispute, so we deal with complaints in the following way: Taking into account the type of products and services we offer, it is of utmost urgency that any dispute be made or initiated, at the time of delivery, so that the partial or complete return of the value is returned to the buyer of the product or services offered by us.

Model Cancellation Form

To

Cakes Designs 3NL

40 Ben Wilson Link

Springfield, Essex, UK

CM16DL

Email address: hello@cakesdesigns3nl.com;

Telephone number: 00447771264150

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date: 

[*] Delete as appropriate.