These terms form the basis of the contract between our customer and Sculpted Bakes. 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 and baked goods. 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 that 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 Sculpted Bakes.
- No full design work shall be provided until a booking fee has been received and booking confirmed. Until then, descriptions and very basic design work will be used to agree on your design. This is to protect the designs of Sculpted Bakes and therefore your cake.
- Quotations are valid for a period of 30 calendar days from the date of issue. Cake sizes quoted are in inches and are based on the diameter of the cakes. Cakes are 3 ½ to 4 inches deep as standard. If you would like a deeper cake, this must be requested at the time of booking. Please note, this may not be applicable if you have ordered a sculpted cake, where design dictates depth. If a booking is made after the 30 calendar day timeframe, please be aware that the quote may have changed.
- No contract is made with you until we have received your booking fee. This booking fee is non-refundable and non-transferable. Once your booking fee has been received you are in a legally binding contract with Sculpted Bakes.
- We warrant that on delivery or collection the cakes / baked goods 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. It is the customer responsibility to ensure that all details within the order confirmation and sketch are correct and meet their exact requirements.
- The warranty 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 in which we do not recommend, your failure to follow our instructions or any alterations you carry out. We will provide any specialised care instructions in writing if required.
- Our cakes / baked goods are made in an environment where nuts, gluten, egg, milk and other allergens are present, therefore we cannot guarantee that any cake / baked goods are completely allergen free. We will make every effort to ensure that allergies are accommodated for, provided that we have been informed of them at point of order. We cannot guarantee that changes can be made after this stage.
- 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. 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. This is due to the possible presence of dowels and / or armature 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 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, standard figures shall be used.
- If you have requested models that are made with non-edible materials, we would remind you that these should NOT be eaten or ingested in any way. You will be provided with instructions as to how to store and look after your models, to ensure they remain in the best possible condition for as long as possible, as a reminder of your event. Sculpted Bakes takes no responsibility for any damage occurring should these instructions not be followed.
- Stacked cakes contain dowels in each tier to provide support 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 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 unless advised by us.
- Fresh flowers are not included in the price of any wedding cake design. If a wedding cake is to be dressed with fresh flowers, these are to be provided by your florist NB: Please note that some flowers are not suitable for use as a cake decoration. Ask your florist for details regarding toxicity. We cannot be liable for any contamination to our food product that may arise from their misuse. We recommend that your florist liaise directly with us to confirm detail about the size of the cake being dressed to avoid any miscommunication.
- Sculpted Bakes and the customer expressly agree that the cakes and all goods purchased from Sculpted Bakes, remain the property of Sculpted Bakes until paid for in full.
Delivery and Collection
- All social distancing protocols will be followed and adhered to, regardless of delivery or collection being arranged. This includes the use of sanitiser, 2mtr gap and face masks where applicable. If the 2mtr gap is not appropriate, face masks will be used. This is for the safety of you, our clients, and ourselves.
- All orders may be collected free of charge from Sculpted Bakes by prior arrangement. We accept no responsibility for any damage sustained to the cakes / baked goods once it has left the premises.
- 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 unless previously agreed at time of order. A specific delivery time cannot be guaranteed however, we will do our best to meet the timeframe agreed. Sculpted Bakes will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services, however we cannot accept liability for delays and time shall not be of the essence. Delivery will be charged at a cost of £0.45 per mile.
- When delivering to a venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the celebration / wedding cake we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming that the cake has been received in good condition. Should the venue need to set the cake up themselves we shall explain how the cake is to be displayed and where possible obtain a signature to verify that we have done so. Once the cake has been delivered, we are unable to accept any liability for any damage sustained to the cake thereafter, nor failure to follow instructions provided.
Price and Payment
- The price of your cake will be set out in your order confirmation. A 50% booking fee is required for wedding cake orders (subject to a minimum of £50) and a 50% booking fee for all other cakes. For wedding cakes a detailed order confirmation will be issued detailing the final balance payable and payment details. No further payment reminders will be sent, and it is the responsibility of the client to ensure that payment is on time.
- Please note that all booking fees are non-refundable and non-transferable.
- The balance must be paid in cleared monies no later than the date set out in the order confirmation, by bank transfer or PayPal to the account specified. We regret that credit and debit card payments are not able to be accepted at this time. Late payments may incur a £25 charge.
- No cake or baked goods will be handed over without payment having been received in full, prior to the collection / delivery date.
- 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 Sculpted Bakes.
- No order is confirmed as placed until a booking fee has been paid.
- We regret that cash cannot be accepted as payment, due to social distancing protocols.
Cancellation, postponement and alterations
In the event of a cancellation by yourselves, charges are as follows:
More than ninety days prior to the date – booking fee only
Ninety days to one calendar month prior to the date – booking fee plus half the remaining cost
Less than one calendar month prior to the date – full amount.
Any payments made previously are not refundable.
Up to one week prior to event date – booking fee only
Less than one week prior to event – full amount payable
- In the event of a postponement, the payment due remains the same as cancellation. Subject to availability we will carry the monies paid forward to the new event date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as cancellation.
- You may, prior to 8 weeks before the wedding 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. Should you make any changes after that time, there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking.
- In the unlikely event that we need to cancel your order, any monies paid will be refunded. Sculpted Bakes 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, riots, hostilities, non-availability of materials or supplies, or any other event outside the control of Sculpted Bakes, and Sculpted Bakes shall not be liable for any breach of contract resulting from such an event.
Sculpted Bakes’ 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 Sculpted Bakes, 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.
Sculpted Bakes 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 Sculpted Bakes’ statutory liability for death or personal injury arising from any negligence on Sculpted Bakes’ part or liability imposed by statutory implied terms in Consumer contracts.
Complaints are rare and due to the amount of work put into each individual cake, we take them very seriously.
- Both parties agree to not post 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 cakes can easily be repaired, so errors of this nature must be pointed out upon delivery / collection so as to give us the opportunity to correct them. Once booking fee payment has been made designs will be made available to you as the client, regardless whether wedding or celebration event, and any changes should be specified at this point. Once full payment has been made, this confirms that design and decoration is as requested and no further claims can be made. It is the clients responsibility to check that this meets with their requirements and raise any issues with us if there are any discrepancies.
- 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 48hrs of collection / delivery to ensure that we are able to fairly assess the nature of the complaint. If the cake is not returned, then the complaint will not be upheld as Sculpted Bakes have not been given a fair and reasonable chance to remedy the problem.
Please note that we can only deal with the client who placed the original order.
- All designs and intellectual property rights remain the property of Sculpted Bakes.
- 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 Sculpted Bakes 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 discussion, 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.