TERMS & CONDITIONS
Last Updated 16/03/2020
We understand that the uncertain circumstances in which we find ourselves currently will make a lot of of our customers worried about having to cancel their wedding or event. We are doing everything we can to make sure you have peace of mind:
THE PREPARATION OF YOUR ORDER
- All team members are required to have two temperature checks per day and where gloves and masks when working. In addition, increased hand washing has been implemented with surfaces also being cleaned with disinfectant in between each activity.
- There has been no signs of coronavirus being transmitted through food or packaging so do not worry that your cake may risk being contaminated.
- In the event that staff fall ill we have collaborated with a wide network of local fellow cake companies to ensure that even if we are unable to complete your order directly we have highly skilled cakers on standby to help out.
CANCELLATIONS & REFUNDS
- If you have to cancel your wedding or event we are offering the opportunity to postpone your order until the end of 2021 (and longer at our discretion). This way once the situation has normalised and you start to re plan your big day you have the peace of mind that you don't need to reorganise your cake all over again.
- We are happy to accommodate design and portion changes within reason to suit your new wedding or event.
- If you have booked delivery we are also happy to deliver the cake to a different address at no extra charge even if it is slightly further than your first venue (this is within reason).
- As a small business we are doing our best to minimise cancellations and provide alternative solutions to our brides and customers, however in the event that you do not intend to go ahead with any event in the short and distant future our normal cancellation policy will apply (see below in our FAQ's).
- If you have had to cancel your wedding, you should be due compensation for services paid like cakes and photographers from your wedding insurance provider. We kindly request that in the event that you do not wish to postpone or adjust your booking, you make a claim with your wedding insurance provider first before requesting a refund from us directly.
Standard Terms and Conditions of Trading
The “Seller” is defined as the legal entity Little Ray’s Cake Company. The “Buyer” means the person (legal or natural) who buys the goods. “Goods” is defined as the items to be supplied by the Seller to the Buyer as listed in this invoice.
These Terms, your Invoice and your Order confirmation are considered by us to set out the whole agreement between you and us for the sale of 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. It is also your responsibility as the buyer to ensure you have read and understood the Terms & Conditions and acknowledge that the Terms and Conditions may be subject to minor changes when necessary.
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 Little Ray’s Cake Company.
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 3 1/2 to 4 inches deep as standard. If you would like 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 Little Ray’s Cake Company.
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 although we make every effort to ensure that allergies are accommodated within reason. If you or any third parties who will consume the goods suffer from any allergies it is your responsibility to read our Terms and Conditions to be aware of the possible presence of allergens and to inform seller with due notice so proper advice can be given. Although the seller will take the appropriate actions to inform the buyer of allergens, the seller will face no consequent liability should a buyer or third party suffer an allergic reaction due to consumption of goods purchased.
If your design includes fresh flowers, we will collaborate with our chosen florist to ensure that all flowers used are appropriately suitable for food-contact and prepare the flowers correctly to ensure no contamination occurs. If, however, you or a third party add flowers or other non-consumables to your purchased goods, the seller will face no consequent liability for damage or illness caused. Please note that unless stated otherwise, the flowers used to decorate your goods are not suitable for consumption and should be removed before the goods are consumed.
The images on the website are examples of our cakes. All our products are handmade individually to order and can be ordered in different sizes from those shown on the website. Therefore, although we will always match the design requested as closely as possible, your cake may have variations from the website image or image provided, and unless a significant disparity of design is visible, the seller will face no consequent liability. Equally, although we will always do our best to match colour samples as closely as possible, exact colour matches are not guaranteed.
All 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. In addition, it is your responsibility to provide images for our reference.
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.
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.
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 the seller states otherwise.
Little Ray’s Cake Company and the buyer expressly agree that all goods purchased from Little Ray’s Cake Company remain the property of Little Ray’s Cake Company until paid for in full.
Delivery and Collection
All orders may be collected free of charge from Little Ray’s Cake Company by prior arrangement, Tuesday to Saturday between 9am and 5pm. A collection time will be arranged in advance and any changes to the date and time of collection is at the full discretion of the seller if the request is made within two weeks of collection. 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 order confirmation to the address provided. The buyer may request a morning or afternoon delivery, which will take place between the hours of 9am – 1pm or 1pm – 5pm respectively, from Tuesday to Saturday. The seller does not provide specific delivery slots, unless it has been requested and agreed between both parties. The request of a specific delivery slot is at the full discretion of the seller. If the date of the event is on a Sunday or Monday, delivery can be arranged for the day before.
Although Little Ray’s Cake Company will provide the appropriate advice for the storage of the goods, once the goods have been delivered, they are the sole responsibility of the buyer and the seller will not face any consequent liability for damage, accident or negligence on the part of the buyer. Little Ray’s Cake Company will always do the best it can to ensure delivery dates and times agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and events out of our control.
Once the goods have 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 or goods. A booking fee of 50% of is required to book your order in. In the event that your party is less than 4 weeks away, full payment will be required. Once the booking fee has been paid, a detailed order confirmation will be issued detailing the final balance and order details. No further payment reminders will be sent, and it is the responsibility of the buyer to ensure payment is on time.
Please not all booking fees are non-refundable and non-transferable.
The balance must be paid in cleared monies no later than 1 week prior to delivery. Late payments will incur a £25 charge. Please note that the goods will not be handed over to the buyer and allowed to leave the premises until full payment has been received.
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 Little Ray’s Cake Company.
Cancellation, postponement and alterations
In the event of cancellation of by the buyer, the booking fee or full payment made will only be refunded if a minimum of 4 weeks’ notice or more has been given. In addition, a £25 administrative charge will be deducted from the booking fee before the refund is processed. The buyer must provide a written notice in order to cancel their order of goods.
If your cake has been completed payment IN FULL will be required if you only paid a booking fee in advance. 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 that we will only do this on one occasion. Any further postponements will be classes as a cancelation.
Any alterations requested after the buyer’s order has been booked in will be at the full discretion of the seller, and a notice of at least 1 week should be given. Although the seller will always do their best to ensure alterations are accommodated, they cannot be guaranteed. 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 and additional charges have been paid. Should the buyer make alterations that result in a reduction of the price of goods purchased, the final balance will only be reduced if 4 weeks’ notice has been given, even if your new design is cheaper than the original booking. This is due to the fact that additional work may have been turned away to accommodate for your original order.
In the unlikely event that we need to cancel your order any monies paid will be refunded. Little Ray’s Cake Company 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 Little Ray’s Cake Company and Little Ray’s Cake Company shall not be liable for any breach of contract resulting from such an event.
Little Ray’s Cake Company’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 Little Ray’s Cake Company, 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.
Little Ray’s Cake Company shall not under any circumstances be liable for the customer in respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Little Ray’s Cake Company’s statutory liability for death or personal injury arising from any negligence on Little Ray’s Cake Company’s part or liability imposed by statutory implied terms in Consumer Contracts.
Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously.
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 goods can in most circumstances be easily repaired so errors of this nature must be pointed out upon delivery/collection to give us the opportunity to correct them. Once payment has been handed over upon collection or the cake has been accepted upon delivery, this confirms that decoration is as requested, and no further claims can be made.
Where the complaint is regarding the quality of the cake then the cake must be returned to the seller as soon as possible and as much in its entirety 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. The seller will only refund the customer the cost of returning the cake for correction or assessment if they deem that the complaint is of a genuine nature and the product does not meet the quality and design promised by the seller in the Terms and Conditions and Order Confirmation. The seller also reserves the right to refuse to issue any form of refund or compensation should the buyer be unable to produce any of the goods for inspection when the complaint is in regard to the quality of the goods provided.
Little Ray’s Cake Company’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 Little Ray’s Cake Company, 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. Compensation will not be issued for distress caused, alternative services required, or any additional costs paid out by the buyer, unless agreed to in advance by the seller in writing.
Please note we can only deal with the client who placed the original order.
All designs and intellectual property rights remain the property of Little Ray’s Cake Company.
We reserve the right to use images of your cake for any form of advertising including web-based promotions, brochures, galleries and competitions, unless mutually agreed otherwise at the time of placing an order. It is advisable that you make a copy of all documentation received from Little Ray’s Cake Company for your own benefit.
This Agreement together with Order Confirmation and Invoice 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.