Maria Summers Cake Design                  
TERMS AND CONDITIONS
 
“We” are:
Maria Summers trading as Maria Summers Cake Design and The Top Tier Cake Decorating shop of Unit 14 Braintree Enterprise centre, Springwood Drive industrial estate, Braintree CM78EA.
(“Baker”)
 
“You” are:
The person (or persons) who have received the proposal (where there is more than one person, they shall be jointly and severally liable).
(“Client”)
 
 
 
 
 

1. Definitions

In this agreement:
“Assignment”                    means the project of work, goods and services set out in our proposal.
“Deposit”                          means the sum paid by the Client at the commencement of the Assignment to secure the date of the delivery of the Services and/or the production of the Goods and to allow us to commence work under the Assignment.
“Event”                              means the event to be supplied by the Baker under the Assignment.
“Fees”                               means money paid, or owed to the Baker, by the Client for the Goods and Services.
“Goods”                            means the goods supplied by us under the Assignment.
“Price”                              means the price for the Assignment is set out in our proposal.
“Services”                          means the services provided by us under the Assignment.
“Terms”                             means these Terms and Conditions.
 

1. Price and Payment
   1. Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms including the Price. Any invoices rendered from time to time are payable within 7 days and payment is not deemed to have been made unless it has been made in full.
   2. The Price includes the design and creation, baking and decorating to complete the Assignment. 
   3. The Price also includes any expenses that will be incurred by the Baker, unless otherwise agreed in writing by the parties.
   4. A non-refundable Deposit of 50% for items over £200 and a 30% deposit for items under £200 of the Price shall be paid upon entering this agreement and the Baker’s invoice for the Deposit will follow as referred to in clause 3.
   5. The Price and the Deposit ( and any expenses) shall be the Fees of the Baker.  The Baker shall invoice the Client for the Price less the Deposit 56 days before the Event  for items over £200 and 28 days for items under £200 and all Fees shall be paid in advance (and at the latest 30 days before the Event for items over £200 and 7 days before the event for items below £200) in full.
   6. If payment is not made in accordance with the above clauses, the Baker reserves the right to charge an administration fee of £50 to late payments together with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

 

1. Cancellation of Agreement and the Deposit
   1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
   2. If the Baker cancels the Assignment, the Fees paid at the time of cancellation will be repaid to the Client within 14 days of cancellation and no further sum or compensation will be payable to the Client by the Baker arising from such cancellation.
   3. If the Client cancels the Assignment within 14 days of entering into the contract, then the Deposit shall be repaid to the Client in full. This right to cancel shall not be available to the Client if the Assignment is to create bespoke Goods, when the Deposit shall be non- refundable in its entirety.
   4. If the Client cancels the Assignment more than 14 days after entering into this contract, and at least 15 days before the Event, then the Deposit is forfeited and will not be repayable to the Client in any circumstances.
   5. Additionally, if the Client cancels this Assignment within 14 days or less of the Event, then the Fees in full (less any monies paid) shall be due to the Baker.

 

1. Design, Changes and Alterations to the Assignment
   1. The Client acknowledges that the Baker owns all right, title and interest in and to the design created in the Assignment and that the Client has no right to use it outside the express terms of this agreement.  The Baker grants a right to the Client to use the design, limited to all reasonable non-commercial uses for the purposes of the Assignment.
   2. So far as any goodwill is generated by the Client’s use of the design, it shall accrue to the benefit of the Baker.
   3. The Baker reserves the right to use images of the Baker’s design and Goods created during the Assignment for marketing, promotional, competition and editorial purposes.
   4. Slight design changes are at the Baker’s discretion and are not grounds for a refund.  All cake designs are subject to artistic licence and the Client acknowledges this in placing their order.
   5. If, for any reason, the design has to be changed more than marginally, then the Baker will agree this in advance with the Client in writing.  This will incur additional Fees.
   6. If any specific colour match is required then it is up to the client to provide the baker with a fabric sample. All colour matches are as close as possible and may not be an exact match
   7. Flavour changes will only be accepted up to 21 days prior to the Event, and entirely at the sole discretion of the Baker and subject to availability.  This may incur additional Fees and should be confirmed in writing.
   8. If there are any complaints about the design or the appearance of the Goods, they must be expressed at point of collection.
   9. Any change of date or postponement will be agreed subject to our availability and will be deemed a cancellation by you and our cancellation terms in clause 3 shall apply, unless we agree otherwise in writing.

 
 
 
 
 

1. Allergies

 

1. The Baker will not be held responsible for any allergies or reactions caused by the Goods.  Goods can be made without certain allergens, but they are still made in a kitchen these ingredients, and regrettably the Baker cannot, therefore, guarantee the absence of traces of them.
2. It is the Client’s responsibility to inform consumers of any risks.

 

1. Damage in Transit

 

1. All Celebration cakes and baked goods must be collected from Unit 14 Braintree Enterprise centre Springwood drive industrial Estate Braintree CM7 2YN
2. The Baker cannot be held responsible for any damage to the Goods that may be caused during transportation, once the Goods for the Assignment have been handed over to the Client for transportation
3. All Cakes of 3 tiers or more and Wedding cakes must be delivered to the venue by The Baker, they cannot be collected by the client. The cost of delivery and setup at the clients venue is included in the price quoted. If the Venue is changed and of a further distance then additional charges may apply.
4. The Baker cannot be held liable for any damage that may occur to the cake at the venue once we have left the premises.
5. Any cake required to be placed outside or in a tipi, marque or Barn during an event has the possibility of melting or deforming due to the weather. The Baker is not Liable for the cake once it has been delivered and setup in your chosen location.
6. It is up to the client to ensure that the venue supply a suitable table, location and stand (if using the venues) for the cake to be displayed. The Baker is not liable for the cake once it has been delivered and set up

 

1. General Conditions
   1. The Baker shall use reasonable endeavours to meet any performance date, but such dates shall be estimates only.
   2. Variations to the Services may only be agreed in writing by both parties.
   3. The Fees will be paid after invoices rendered from time to time.  Payment terms are 7 days, and payment is not deemed to have been made until the Fees have been paid in full.  If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
   4. The Baker reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.
   5. Most cakes Contain a small propoportions of non-edible items in the form of for example support dowels, ribbon, wires in sugar flowers, posy picks, it is the clients responsibility to ensure these are removed by them, the caterers or venue before consumption. some flowers are poisonous and are not suitable for use on food products, should The Client notify the florist of their intention to use flowers on the food it is The Clients responsibility to ensure these are non-poisonous flowers. The Baker will not be held responsible for any flowers that are provided.
   6. The Cake/baked goods are made fresh from The Baker to ensure that it is fresh for the event. The Baker cannot Guarantee that if the cake is consumed more than 5 days after the event. Cupcakes should be consumed within 24 hours of collection/delivery. The Bakers cakes and baked goods are made entirely of natural ingredients and therefore do not have the extended shelf life of cakes that contain additives and preservatives.
   7. If the client wishes to hire a cake stand or decorations then it is their responsibility to pay the deposit and return the hire agreement  prior to their wedding date otherwise The Baker will assume that you do not require the stand/decoration and it will not be left at the venue. The hire charge is £25 per stand. The damage deposit varies depending upon the cake stand due to variation in the value of the item. Payments of deposits must be made in cash or by bank transfer. Please make arrangements to ensure that the stand is returned to The Baker  in accordance with your hire agreement.
   8. Should the Client have concerns about the cake please notify The Baker as soon as possible able at delivery so that we have the opportunity to rectify it in time for your event.  Any other concerns should be made in writing with evidence of the fault included. A refund will only be given if cakes are returned uneaten and are unsuitable for consumption/not as detailed in the original quote. No refunds will be given due to change of mind. In the unlikely event of late delivery (defined as delivery after the start of the wedding breakfast) the maximum compensation will be 10% of the full cost. The Baker asks for patience with factors that may be beyond their control such (eg. traffic conditions and weather) as we cannot be held liable for such delays
   9. Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services.  Each party recognises and accepts its obligations with the regard to the control and processing of personal data under the current data protection legislation and regulations.  For more information on this, please see our privacy notice on our website.
   10. The Baker will use reasonable care and skill in performing the Services.
   11. The Baker’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.
   12. In respect of any other direct losses (in Contract or Tort) the total liability of the Baker will not exceed the return of all payments received, and thus, the limit of liability shall not exceed the value of the Services provided.
   13. The Services may be terminated if the payment of the Fees is not made in accordance with these Terms or if the Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement.  Upon termination, the Client shall immediately pay any outstanding sums to the Baker.
   14. If the Baker is limited or hindered from providing any Goods or Services booked by the Client due to circumstances beyond its control eg. Government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of the Baker to the Client shall not exceed the amount paid by the Client for the Goods or Services. The Deposit shall be non-refundable, (being an approximation of the value of Goods or Services already rendered) and the Baker shall (where the value of the Goods or Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Goods and Services delivered to the Client up to that point. The Baker shall not be liable for any additional losses incurred by the Client in such circumstances.
   15. Nothing in these Terms is intended to create a partnership or joint venture between the Baker and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
   16. These Terms and any dispute arising from them shall be governed by the laws of England and Wales.

 
v. August 2020 Created and prepared by Stanford Gould Online for Maria Summers Cake Design.