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Standard Terms and Conditions of Trading
These terms form the basis of the contract between our customer and Cakes by Shelly. These Terms, your Order and your Order confirmation are considered by us to set out the whole agreement between you and us for the sale of cakes. It is your responsibility to check all details in the order confirmation are complete and accurate as this is the document we work to when completing your order.
Basis of Sale
Any samples, drawings, or descriptions we issue and any descriptions or illustrations contained on our website are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of Cakes by Shelly.
Quotations are valid for a period of 30 calendar days from the day of issue.
No contract is made with you until we have issued an order confirmation and have received your deposit.
We warrant that on delivery or collection the Cakes shall conform to their description as set out in the Order Confirmation, 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 confirmation 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.
Our cakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. We cannot guarantee that any cake is entirely nut free although we make every effort to ensure that allergies are accommodated.
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.
From time to time certain materials for our cakes may become obsolete e.g. a particular colour ribbon. This is totally out of our control; however we will do our best to select replacement products to reflect the original design as closely as possible. We reserve the right to replace items with component parts of equal or better quality without consultation.
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 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.
Cakes by Shelly and the customer expressly agree that the cakes and all goods purchased from Cakes by Shelly remain the property of Cakes by Shelly until paid for in full.
Delivery and Collection
All orders may be collected free of charge from Cakes by Shelly by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has been signed for.
If delivery has been requested we will deliver the cake on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. Cakes by Shelly will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence.
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 obtain a signature to verify I 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.
Price and Payment
The price of your cake will be as set out in your order confirmation. No Vat is payable on the cakes. A £50 deposit is required for wedding cake orders and a £25 deposit for all other cakes. An order confirmation will be issued detailing the final balance and payment details. No further payment reminders will be sent and it is the responsibility of the client to ensure payment is on time.
The balance must be paid in cleared monies no later than the date set out in the order confirmation by bank transfer to the account specified, cash or cheque made payable to Cakes by Shelly. Payment is also accepted by debit or credit card. Late payments will incur a £25 charge.
If payment is not received by the date specified this shall be constituted as breach of contract by the client. We reserve the right to hold the order until payment is made in full. When payment is late we accept no responsibility should we be unable to purchase the required stock or equipment to make the cake as laid out in the order confirmation. In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on Cakes by Shelly.
Cancellation and alterations
In the event of a cancellation by yourselves, charges are as follows;
More than ninety days prior to the date = deposit only.
Ninety days to 28 days prior to the date = deposit plus half the remaining cost.
Less than 28 days prior to the date = full amount
Any payments previously made are not refundable.
You may, prior to 28 days before the due delivery day, or 7 days for celebration cakes, amend or cancel your order by providing us with written notice. In the case of alterations a new order confirmation will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation has been issued.
In the unlikely event that we need to cancel your order any monies paid will be refunded. Cakes by Shelly 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, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Cakes by Shelly, and Cakes by Shelly shall not be liable for any breach of contract resulting from such an event.
Cakes by Shelly’s liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Cakes by Shelly, at its discretion, considers appropriate in the circumstances and shall be limited to the to the value of the goods or services giving rise to the claim.
Cakes by Shelly shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Cakes by Shelly’s statutory liability for death or personal injury arising from any negligence on
Cakes by Shelly’s part or liability imposed by statutory implied terms in Consumer Contracts.
All designs and intellectual property rights remain the property of Cakes by Shelly.
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 by Shelly for your own benefit.
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.