Terms and Conditons
These terms form the basis of the contract between the customer and Cakes of Chelsea. 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 of Chelsea
Quotations are valid for a period of 30 calendar days from the day of issue. Cake sizes quoted are in inches and all serving suggestions are an approximation and depend on how the cake is cut.
No contract is made with you until we have received your booking fee. Once your booking fee has been received you are in a legally binding contract with Cakes of Chelsea
The Cakes
We guarantee 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 it is made in line with the customer's pre agreed requirements set out in the order confirmation and will face no consequent liability. It is the customers responsibility to ensure all details within the order confirmation are correct and meet their exact requirements.
The guarantee does not apply to any defect in the Cakes arising from wilful 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.
Once cakes and / or cupcakes have been delivered or collection it is the responsibility of the customer to ensure the cake is stored correctly. We will not be held responsible for any damage occurred during transportation or storing. Cakes of Chelsea will do everything possible to ensure that their cakes are suitable for travel and are stable. We cannot be held responsible for cakes being stored incorrectly i.e. next to a heat source, melting in the sun or attracting insects etc
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.
If flowers are provided by an outside source, we will place them. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants and must be removed along with any florist tape and wire before consuming the cake.
Dried flowers are a non-edible item decoration and you acknowledge that these can shed onto the cake, including small fibres and seeds, Cakes of Chelsea will not refund if fibres from these are found on / in the cake, however we will do all that is possible to prevent this from happening. All dried flowers and palms and other non edible items also need to be removed before consuming, these will be placed on the cake in a way which makes them food safe however non-edible. Cakes of Chelsea will always advise if any item on your cake is non-edible.
From time to time certain materials for our cakes may become obsolete. 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.
Stacked cakes contain dowels in each tier and these should be removed before consumption.
The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day or day after requested. Cakes should be stored in the box provided out of direct sunlight or heat sources. In summer months cakes should be stored in the coolest room possible, but do not need to be refrigerated.
Cakes of Chelsea and the customer expressly agree that the cakes and all goods purchased from Cakes of Chelsea remain the property of Cakes of Chelsea until paid for in full.
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 £20 booking fee is required for all cakes (£50 for wedding cakes and orders over £150)
The balance must be paid on / before collection, and Cakes of Chelsea accepts cash or bank transfer for payments.
In the event of a cancellation by yourselves, charges are as follows:
Any payments previously made will be refunded minus any costs incurred by Cakes of Chelsea, if this includes a personalised topper / other stock items which cannot be used on other cakes, these will be given to the customer. If the cancellation is within 2 weeks 50% of the deposit will be retained. If the cancellation is 1 week before then the full deposit will be retained.
In the event of a postponement, subject to availability we will carry the monies paid forward to the new date.
You may, prior to 6 weeks before the wedding day, or 2 weeks 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.
In the unlikely event that we need to cancel your order any monies paid will be refunded. Cakes of Chelsea 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 of Chelsea, and Cakes of Chelsea shall not be liable for any breach of contract resulting from such an event. Cakes of Chelsea’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 of Chelsea, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim.
Cakes of Chelsea does not accept any responsibility for consequential costs or emotional distress due to errors with products or delivery. This does not affect your statutory rights.
Complaints
Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously. Any issues must be bought to our attention with 48 hours on collection or delivery to give fair opportunity to assess the nature of the complaint.
Both Parties agree to not post any negative information about the other arising out of this Contract or Event on any online forum or website without providing advance written notice of the intended content thereof, and providing the other party with a prior opportunity to resolve any issues between the parties amicably.
Complaints regarding the decoration of celebration cake can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give us the opportunity to correct them. Once payment has been handed over this confirms that decoration is as requested and no further claims can be made.
Where the complaint is in regards to the quality of the cake then the cake, or remainder of the cake/ tier, must be returned to us as soon as possible after cutting and within 48 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint.
Please note we can only deal with the client who placed the original order.
General Terms
All designs and intellectual property rights remain the property of Cakes of Chelsea.
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 of Chelsea 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.