Terms and Conditions

Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customers and Kelly's Cake Boutique. 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 that all details in the invoice are complete and accurate as this is the document we work to 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 Kelly's Cake Boutique.

Quotations are valid for a period of 30 calendar days from the day of issue.  Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 4 to 4 1/2 inches deep as standard.  If you would require a deeper cake, this needs to be requested at the time of booking.

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 Kelly's Cake Boutique.

The Cakes

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.  It is the customers responsibility to ensure 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 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.

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.

Fresh flowers are not included in the price of the 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 some flowers are not suitable for use as a cake decoration.  Ask you 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 details about the size of the cake being dressed to avoid miscommunication.

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 you 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 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.

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 a buttercream cake has been ordered, then this would need to be refrigerated and removed at least 4 hrs before the party.

Kelly's Cake Boutique and the customer expressly agree that the cakes and all goods purchased from Kelly's Cake Boutique remain the property of Kelly's Cake Boutique until paid in full.

Delivery and Collection

All orders may be collected free of charge from Kelly's Cake Boutique by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises

If delivery has been requested we will deliver the cake on the day set out in the invoice to the address provided. We do not offer specific delivery times. Kelly's Cake Boutique 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.  Delivery is charged based on mileage.  Delivery within Chelmsford is free of charge.

For Boxes these are delivered 1st Class recorded by Royal Mail.  These are sent on a Thursday for receipt on a Friday, unless a Monthly Treat Box has been ordered (this is posted on the 2nd wk of each month). Once delivery is confirmed, you will receive a tracking number and your order is then out of our hands. Using this number you'll be able to track your order on the Royal Mail Website https://www3.royalmail.com/track-your-item

 

Please Note, 1st Class Recorded is not a guaranteed day delivery service.  

In the unlikely event that your parcel becomes missing in transit, you will take on the responsibility to claim this direct through Royal Mail.  https://personal.help.royalmail.com

Kelly's Cake Boutique is not liable for any missing parcels and will not be able to offer refunds or free replacements to cover the lost parcels. You agree to these T&Cs when placing the order.

When delivering to a wedding venue, we will 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 if 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 where possible obtain a signature to verify 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 any failure to follow instructions provided.

If the cake is delivered with a stand, a security deposit will be payable with the final balance.  The stand must be returned to us in a good, clean condition within 3 days of the wedding.  Upon the return of the stand the deposit with be refunded.

Price and Payment

The price of your cake will be set out in you invoice.  No VAT is payable on the cakes.  A £100 booking fee is required for wedding cake orders and a £25 booking fee for all other occasion cakes.  Cake boxes and supscription's must be paid in full.  For wedding cakes a detailed invoice 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.

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 invoice by bank transfer to the account specified or cash.

If payment is not received by the date specified this shall be constituted as breach of contact 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 invoice.  In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on Kelly's Cake Boutique.

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 date - booking fee and half the remaining cost

Less than one calendar month prior to date - full amount

Any payments previously made are not refundable

In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability we will carry the monies paid forward to the new date.  Please be aware the we will only do this on one occasion. Any further postponement will be classed as a 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 invoice will be issued detailing the changes and the new cost.  Alterations are not confirmed until a new invoice has been issued. Should you make any changes after that time there will not be a reduction in 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. Kelly's Cake Boutique reserves the right to cancel, vary or suspend the operation of this contract if events occur which are in the nature of a force majeure including (without prejudice to the generality of the foregoing), fire, floods, storms, plant breakdown, strike, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Kelly's Cake Boutique. Kelly's Cake Boutique shall not be liable for any breach on contract resulting from such an event.

Kelly's Cake Boutique's liability (both in contract and tort) in respect of defects in goods and services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Kelly's Cake Boutique, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods and services giving rise to the claim.

Kelly's Cake Boutique 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 Kelly's Cake Boutique's statutory liability for death or personal injury arising from any negligence on Kelly's Cake Boutique's part or liability imposed by statutory implied terms in Consumer Contracts.

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 brought to our attention within 48hrs of collection or delivery to give fair opportunity to assess the nature of the complaint.

Both Parties agree not to 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 contact 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 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.  Wedding cake clients will be sent a detailed sketch of their design prior to the wedding.  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 48 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint.

General Terms

All designs and intellectual property rights remain the property of Kelly's Cake Boutique.

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 Kelly's Cake Boutique for your own benefit.