Terms and Conditions

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These terms and conditions govern the sale and provision of cakes, balloons, partyware and other goods and services by us and will form the basis of the contract between you the “customer” and Quality Cake Company Limited (trading as Quality Cake Company Fazeley and/or Celebration Cakes) “us/we/our”.

Before submitting an order, please ensure that you have read these terms and conditions carefully.

General Terms

Basis of Sale

Our employees or agents are not authorised to make any representations or claims concerning the goods and/or services unless confirmed by us in writing. In entering into any contract for the provision of goods and/or services, you acknowledge that you do not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

No variation to these conditions shall be binding unless agreed in writing by the authorised representatives of the Quality Cake Company Limited.
Sales literature, price lists and other documents issued by us in relation to the goods/services we offer including those listed on our website are subject to alteration without notice and do not constitute offers to sell any goods and/or services which are capable of acceptance.
Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Quality Cake Company Limited shall be subject to correction without any liability on the part of ourselves.

We reserve the right to subcontract any order or part of any order without giving notice to you.

Orders and Specifications

No order, communication or enquiry submitted by you shall be deemed to be accepted by us. Any quotation issued is not an acceptance by us of any such enquiry, order or other communication.

Any quotation issued by us will be our contractual offer to sell the applicable goods and/or to provide the services at the price detailed in the quotation. If you accept the quotation whilst the quotation is still valid together with full payment of the deposit required, there will then be a legally binding contract between us for the purchase of the relevant goods and/or services on these conditions. Please note that if no deposit has been received with your acceptance of the quotation, then your booking will not be deemed to have been accepted.

All quotations issued will be valid for a period of 14 calendar days from the date shown in the quotation unless we withdraw the quotation before the end of the period in which case it will no longer be valid.

Price

The price for the goods and services shall be as set out in the quotation issued and/or as confirmed on any purchase order.

We reserve the right, by giving notice to you at any time before delivery and/or collection, to increase the price to reflect any increase in the cost to us which is due to any factor beyond the control of us (including, without limitation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the goods and/or services which is requested by you, or any delay caused by any instructions or of your failure to give us adequate information or instructions).

Your Data

All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice. Please note we NEVER pass on your details to any third party without your consent.

Our right to vary these terms and conditions

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 and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

Intellectual Property Rights

All designs drawings specifications and information supplied to Quality Cake Company Limited whether directly or indirectly are confidential.

You acknowledge that all intellectual property rights in or arising out of or in connection with the goods and/or services (including all copyright/ideas/designs in connection with cakes which have been designed and/or created by us), shall be owned by Quality Cake Company Limited.

All designs, drawings, specifications, and information used and/or supplied to and/or from the customers in the course of the contract remain the exclusive property of Quality Cake Company Limited. You acknowledge that you have no ownership rights over any cake design created by us and exclusivity of cake designs is not and will not be guaranteed.

From time to time our designs and creations are published in the media, on our website and/or social media platforms (e.g. wedding magazines/Facebook/Instagram). We reserve the right to use an image of your cake made by us for such publication.

We photograph our cakes, balloon and partyware products and we reserve the right to use any photographs for display or promotion without compensation to you.

Hired Items

Any items hired from us will require you to make a cash deposit, to protect us against breakages, damages, or loss to hired items. The amount of the deposit required will vary depending upon the value of goods hired. Once the hired goods have been returned and inspected, the deposit will be refunded, provided there is no damage and/or breakage. If any damage and/or breakage occurs or items are not returned within 7 days of the time agreed, we shall be entitled to retain the full deposit.

Where hire equipment is returned later than agreed but before 7 days after the date of your event, a daily hire charge of £5 will be applied and such daily charge shall be deducted from your security deposit.

Any hired items always remain the property of Quality Cake Company Limited.

Force Majeure

We shall not be deemed to be in breach of any contract with you for the sale of goods and/or provision of services or otherwise liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lockdowns, lock-outs or other industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war, governmental action, pandemic, epidemic, or other natural disasters, or any other event that is beyond our control.

Cake Orders

Cake Information

Cake sizes are quoted in inches and are based on the diameter of the cake. “Layers” refer to the number of sponges inside a cake, “tiers” refer to the visible number of cakes “stacked” on a cake.

Allergies and Food Intolerance

See more on our Cake Flavours page

Please discuss any allergies or specific dietary requirements before accepting any quotation. Whilst we are happy to accommodate specific requests with regards to the ingredients in our cakes, such as substituting butter or excluding egg or gluten, our cakes are prepared in a kitchen which handle, certain allergens, including dairy, gluten, wheat and nuts. We do not therefore guarantee our cakes to be 100% safe for food allergies. For more information, please ask a member of staff or visit our website.

Cake Payments

Before we begin providing any celebration and cupcake services to you, you will be required to pay a deposit representing 50% of the total price (which will include a £10 non-refundable booking fee). The deposit is due at the time in which you accept a quotation from us. The balance of the total price will be due and payable no later than two weeks before your collection and/or delivery date.

Before we begin providing any wedding cake services to you, you will be required to pay an initial deposit of £50. The initial deposit represents a £50 non-refundable booking fee which is used to secure your wedding date. The initial deposit is due at the time in which you accept any quotation from us. 50% of the total price will then be due and payable no later than 6 months prior to your wedding date. The final balance will become due and payable no later than six weeks before your wedding date.

Time shall be of the essence for payments under the contract. If there are any sums owing to us under the contract which have not been paid within 2 days of the due date for payment, then please note that we shall be entitled (if we wish) to terminate the contract immediately.

If you fail to make any payment on the relevant due date for payment, then we shall be entitled to charge you interest on any sums which you have failed to pay at the rate of 8% per annum over the Bank of England base rate from time to time in force. Interest will be applied until payment has been made in full. This provision shall apply without prejudice to, and notwithstanding our ability to cancel the contract as set out below.

Cancellation

If you wish to cancel a cake order, you may do so at any time by providing us with written notice of your wish to cancel the contract.

Where we receive a cancellation notice from you, the following cancellations charges will apply:

  • Under no circumstances will any of the booking fees be returnable;
  • In the case of celebration cakes,
    • if there are less than 3 weeks before the start date of the event then 100% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by us. No monies paid shall be refunded.
    • Where more than 3 weeks’ notice is given, all monies will be refunded, less the booking fee.
  • In the case of wedding cakes,
    • if there are less than 6 weeks before the wedding date then 100% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by us. No monies paid shall be refunded.
    • If notice is given between 6 months and 6 weeks prior to the wedding, 50% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by us. Where full balance has already been paid, 50% shall be refunded.
    • If notice is given more than 6 months, all monies will be refunded, less the booking fee.

We are happy to apportion 50% of the cancellation charge which is due above as a store credit. The store credit can be then used against any future orders, on the condition that such store credit is redeemed within 12 months from the date of cancellation.

In the unlikely event that a contract needs to be cancelled by us, a full refund will be given, less the booking fee.

Cake Design

Whilst we are happy to take inspiration from designs you have seen elsewhere; we cannot guarantee a cake to be identical to other images. We may need to add our own design flair where necessary. We can only create your cake based on what we interpret from the order form; therefore, it is vital you check everything is correct when ordering.

Where trademarks, brands or logos are used at your request, Quality Cake Company will use these for inspiration but will not be a true representation of the original, unless permission is granted by the owner.

Colours

You may provide us with sample colours (i.e. ribbon / material), whilst an exact match cannot be guaranteed we will endeavour to meet your requirement as best as possible. Please note for edible prints, prints can vary from colours seen on screen.

Figures

All of our figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person / animal (such as eye colour, hair colour and style, glasses etc), we cannot guarantee a true likeness.

Flowers

We do not take any responsibility for any damage to the cake from the use of fresh flowers. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants. We take no responsibility for the flowers being food safe.

Non-Edible Parts, Decorations & Internal Structure

If your cake includes figures / decorative items made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels/skewers/cocktail sticks used for reinforcement.

In order to make tall, tiered and sculpted cakes, we use metal, wooden or plastic food-safe supports inside for structure and stability. Check your cake for these support structures before serving.

Replacement Items

From time to time certain materials for our cakes may become obsolete, which is out of our control; however, we will do our best to select replacement products to reflect the original design specifications as closely as possible. We reserve the right to replace items with component parts of equal or better quality without consultation.

If we require any information or action from you in order to provide the cake services, we will inform you of this as soon as is reasonably possible. If the information or action required of you is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, we may charge you a reasonable additional sum for that work.

Cake Collection, Transportation, Storage and Delivery

Receiving your order

When you receive your cake, you need to check and sign to say the cake meets the specifications detailed on your order form. If someone else is collecting on your behalf, they must be able to confirm the cake meets the specifications. Once the “Order received” box has been signed or you have verbally accepted your order, the risk in the cake becomes your responsibility; any repairs or changes required after this point might not be possible and will be charged accordingly.

It is your responsibility to collect your cake at the time and date on your order form. Collections should be during our normal opening hours (unless otherwise agreed). You will not be eligible for any compensation for a missed collection.

Transportation

We always ensure that our cakes, together with the decorations, are secure and ready for transportation. Please follow any instructions given to you by members of staff regarding transporting your cake or refer to our cake information leaflet given to you with your order. Once you have collected your cake the risk is yours and we cannot be responsible for any damages that may occur during transit or afterwards.

DO NOT place your cake on a car seat, they are slanted and can cause your cake to slide during transportation. The cake should be placed flat in the boot on a non-slip mat (if you do not have one, please ask). Extra care should be taken when driving as some elements may be delicate.

Storage

All cakes / cupcakes should be placed on a flat surface and stored at room temperature, out of direct sunlight and in the box provided unless advised otherwise. We recommend cupcakes to be consumed within 24 hours and celebration cakes within 3-5 days of receipt.

Delivery

If you would like your cake delivered and set up at your venue this can be arranged at an agreed rate. Please note delivery is subject to the availability of our staff and the time of day and the distance of the delivery address.

When delivering to a venue, we will take a photograph of the cake in situ before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. (This photo evidence supersedes the above “Order Received” agreement and we no longer assume responsibility for the cake).

Should the venue need to set up the cake themselves we shall explain how the cake is to be displayed. Once the cake has been delivered, we are unable to accept liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.

Changes to your cake order

You may request any change to your cake order up to 1 week before the event begins, provided that you do so as soon as reasonably possible. We shall use reasonable endeavours to accommodate any such requested change, but we do not undertake that we will be able to accommodate these requests. If you make a requested change, we will inform you of any price increase to reflect the change and payment will be required before we take any action to implement the change.

Changes will only be made if requested and authorised by the person named on the original order.

You may request to postpone your cake order up to 1 week before the original event was due to begin. Any requests to postpone can be done free of charge, provided the new date is within the next 12 months from your original required date. For postponements outside of this timeframe, additional costs may be incurred.

Comments and Complaints

Complaints are extremely rare so most require further investigation and a refund may not be possible. Cakes, or part of cakes and cupcakes, must be returned to us within 48 hours to ensure we are able to fairly assess the nature of the complaint.

Balloon Orders

Balloon Payment

Bookings (over £50) must be secured with a £5 non-refundable deposit at the time of booking to secure the event date. Full payment is due at least 2 weeks before the event date.

Balloon Guidance & Information

Balloon sizes

The noted dimensions of foil balloons are their size uninflated, as designated by manufacturers. A foil balloon with a noted size of 18 inches will be closer to 13 inches once inflated. This discrepancy is not as significant with larger foil balloons. For example, a 28-inch foil would typically be 24 inches at the widest point after inflation.
The dimensions of latex balloons are their inflated size. (For example, an 11-inch latex balloon has an 11-inch diameter at the widest point and is usually inflated within an inch of stated overall size to maximise balloon wall thickness).

Safety caution note

Please remember it is not safe for children to be left unattended with balloons.

Foil and latex balloons with/without ribbons/valves attached must NEVER be released outdoors. Foil balloons can cause damage to electricity lines if they come into contact with these.

Please help protect the environment: AT THE END OF THEIR USE, ALL BALLOONS MUST BE DEFLATED AND DISPOSED OF RESPONSIBLY & RESPECTFULLY WITH YOUR RECYCLING SERVICE.

Balloon Collection, Transportation, Storage and Delivery

Receiving your order

Once your balloon order has been handed over to you or your nominated recipient and/or venue, we are no longer responsible and the risk transfers to you.

Where balloons are provided in bags, they must be removed from the bags immediately, leaving in the bags can significantly reduce float time.

Storage Information

Both heat and cold affect the float time and lifespan of a balloon. We accept no responsibility for balloons which are affected by temperature. We will always endeavour to place balloons in a position where they will not be affected; it is your responsibility to check your venue for this to see if your decorations may be affected.

We accept no responsibility for any decorations which may burst or deflate due to being moved or interfered with by anyone after we have completed set up and left the venue.

Subject to below, all balloons supplied on “date of event” are intended to last for that event unless otherwise agreed and clearly stated on your order details.

Balloon life

Foil balloons filled with helium will normally float for about 7 days. However, in cold temperatures, the helium may cause the balloon to appear deflated but after re-entering into a warmer climate the helium expands, and the balloon will be inflated once again.
Latex balloons with helium will only float for an average time of 12 – 14 hours after inflation. If you wish for extended float time for latex balloons, please state this at the time of booking. The hi-float gel will need to be added to each individual balloon at an additional cost.

Weights

We use water / heavy weights to weigh down our balloon displays. The weights are secure but may cause damage if not handled correctly, we accept no liability for any damaged caused.

Substitution Policy

From time to time certain balloons and accessories may become obsolete, which is out of our control; however, we will do our best to select replacement products to reflect the original design specifications as closely as possible. We reserve the right to replace items with component parts of equal or better quality without consultation.

Changes to your balloon order

  • To change your order – we need at least 48 hours’ notice, and this may incur additional charges.
  • To postpone your order – we need at least 48 hours’ notice, we can do this free of charge within 12 months of the original event date.
  • To cancel your order – If you no longer require your order, the payment terms stated above apply and the below terms are applicable:
  • More than 48 hours’ notice – Refunds are at our discretion dependant on work carried out to date and retention of your booking fee.
  • Less than 48 hours – Refunds are not possible as we will have assembled your balloon display.

Comments and Complaints

Complaints are extremely rare so most require further investigation and a refund may not be possible. Balloons are perishable goods; Quality Cake Company cannot return unwanted balloons. In the unlikely event of a product defect, the customer must inform Quality Cake Company within 24 hours from receipt of the balloon(s) for us to investigate further.

Returns

Please retain your proof of purchase. Returns will be accepted if the item is in the same condition as sold. All our edible items will only be exchanged or refunded if the packaging is intact.
Personalised items such as cake toppers cannot be refunded, as these are made to order. Therefore, please check your order carefully.
Boards and boxes, unfortunately, cannot be refunded due to the risk of cross-contamination, so please check your purchase carefully before leaving the store.
This does not affect your statutory rights.

Quality Cake Company, 28 – 30 Atherstone Street, Fazeley, Staffordshire B78 3RF | 01827 281 069 |info@qualitycakecompany.com

Updated: 29th October 2020