These Terms form the basis of the contract between yourself (the Customer), and me (Ivy and Bloom Cake Company). From this point I shall be referred to as Ivy and Bloom Cake Company. These Terms, your Order and the Order Confirmation are considered to set out the whole agreement between you and Ivy and Bloom Cake Company for the sale of cakes. Please check the details of your order as soon as you receive it, as these are the details I will work from.
Quotes, Booking Fees and Placing an Order
Quotes are valid for three weeks from the date stated. Cakes are not booked in until the booking fee has been received.
Celebration cake orders under £100 must be secured with a £10 booking fee. Orders over £100 must be secured with a booking fee of £30. Wedding cake orders must be secured with a booking fee of £50. To book a wedding consultation there is a nominal deposit of £20 to cover materials. If you go ahead and place wedding cake order at your consultation, the amount paid for the consultation is deducted from the cost of your total. If you fail to secure your date with the booking fee, your date will be released and may be freely taken by another customer.
Booking fees are non-refundable, non-transferable and non-negotiable, and once paid, means you are entering into a contract with Ivy and Bloom Cake Company and confirm you fully and irrevocably agree to the terms and conditions of Ivy and Bloom Cake Company.
Ivy and Bloom Cake Company warrants that, on 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.
Ivy and Bloom Cake Company will not be held responsible for Customer disappointment of the design or the interpretation of the cake so long as it is made in line with the Customer’s pre-agreed requirements as set out in the order confirmation and will face no subsequent liability. It is the Customer’s responsibility to ensure all details within the order confirmation or sketch are correct and meet their exact requirements. It is advisable that you make a copy of all documentation from Ivy and Bloom Cake Company for your own benefit. Conversations via messages (Facebook, Messenger, Instagram, email, etc.,) pertaining to your order are considered to be a part of your order and will be used as such.
This warranty does not apply to any defect in the cakes arising from wilful damage, accident, negligence by the customer or any third party, if you use the cake in any way other than that which Ivy and Bloom Cake Company recommended, or the Customer’s failure to follow any instructions provided, or any alterations carried out by a third party.
I cannot replicate another cake-maker’s work due to work ethic, but I am happy use photographs as inspiration. If you have used photographs of another cake maker’s work for inspiration, please inform at point of discussion which specific details you wish me to use. Colours can be recreated as closely as possible, but due to the nature of the materials I work with, an absolute match is by no means guaranteed. Sketches, written descriptions or illustrations are only ever intended as an approximation of the finished product and remain the property of Ivy and Bloom Cake Company.
Occasionally, certain materials or ingredients I use in my cakes may become unavailable due to circumstances which are out of my control; however, I will do my best to select replacement products to reflect the original design as closely as possible. I reserve the right replace items with component parts of equal or better quality without consultation.
Fresh flowers are not included in the cost of any wedding cake design. If a wedding cake is to be dressed with fresh flowers, these should be provided by your florist. Please be aware that certain flowers are not suitable for use as a cake decoration. Please ask your florist for details regarding toxicity. Ivy and Bloom Cake Company will not be liable for contamination that may arise from their misuse.
If your cake contains figures made from sugar-paste, whilst edible, I strongly advise that they do NOT be eaten due to the likely presence of non-edible reinforcement materials such as dowels. You must not allow small children to play with or attempt to eat the models. Whilst I try to capture the characteristics of a person if requested (such as hair colour, hair length, glasses, facial hair etc), I cannot guarantee a true likeness. It is your responsibility to provide images for my reference. If images are not provided, generic figures will be used.
All cakes are photographed before collection and the original files are referenced and stored as proof of good practice. All designs and intellectual property rights remain the property of Ivy and Bloom Cake Company. I reserve the right to use images of your cake for any form of advertising including web-based promotions, brochures, galleries and competition.
Any items handed over to Ivy and Bloom Cake Company to form either part of your order (custom toppers, ribbons, decorations), or as inspiration for your order (photographs, colour swatches etc) will be labelled with your name and the date of your order and stored in a safe place. Items will be returned to you along with your order. However, Ivy and Bloom Cake Company cannot be held responsible for any items which are lost or damaged.
All cake sizes are quoted in inches, and cakes are 3.5-4 inches deep as standard. If you would like a deeper cake, this needs to be requested at time of booking.
Ivy and Bloom Cake Company and the Customer expressly agree that the cakes, images of cakes and all goods purchased from Ivy and Bloom Cake Company remain the property of Ivy and Bloom Cake Company until paid for in full.
Installments and Final Payments
For celebration cakes, your final payment is due on collection, but orders for which payment has not been received will not be permitted to leave the premises of Ivy and Bloom Cake Company until full payment has been cleared. For wedding cakes, your final payment is due two weeks before the date of your wedding.
Installments can be paid at any time towards the cost of your cake, please arrange at time of booking if you would like to set up an installment schedule or contact me at any time to make a payment. It’s not a credit agreement, there are no hidden charges or associated costs.
In the event of non-payment for the cake, Ivy and Bloom Cake Company reserves the right to consider the order cancelled and the booking fee forfeited.
Cancellations, Postponements and Amendments
In the event of a cancellation by you, the Customer, the charges are as follows:
– More than three calendar months to the date – booking fee only.
– Three 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 previously made are not refundable.
In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability, I will carry any monies paid forward to the new date. Please be aware I will only do this on one occasion. Any further postponements will be classed as a cancellation.
Amendments to your wedding cake order can be accommodated up to eight weeks before the date, or for celebration cakes up to ten days before the date. After this time, changes may not be able to be accommodated (due to ordering in of items specific to your order or work already completed). After this time, there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking. You will be issued with a new order confirmation detailing the changes and the new cost.
In the unlikely event that I need to cancel your order, any monies paid will be refunded. Ivy and Bloom 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, also non-availability of supplies, illness or any other event outside of the control of Ivy and Bloom Cake Company, and Ivy and Bloom Cake Company shall not be liable for any breach of contract resulting from such an event.
Ivy and Bloom 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 Ivy and Bloom Cake Company, 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.
Ivy and Bloom 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 Ivy and Bloom Cake Company’s statutory liability for death or personal injury arising from any negligence on Ivy and Bloom Cake Company’s part or liability imposed by statutory implied terms in Consumer Contracts.
Dates are not amendable. While I will always try to accommodate changes, please be aware it may not always be possible, and may result in me being unable to fulfil your order. It is the Customer’s responsibility to ensure you have supplied me with the correct date.
Collection & Delivery
I offer a delivery and set up service for wedding cakes only (due to compliance with insurance regulations). This is chargeable at £20 set up fee (to cover up to an average hour’s work) plus 45p per mile delivery fee. This rate may change to accommodate larger or more complex wedding cakes which require more work onsite. The delivery fee may rise according to current inflation/fuel/tax/insurance prices.
If you have ordered a celebration cake, you will be provided with the address for collection once your booking fee has been received. Please ensure you arrange collection of your celebration cake, as I cannot deliver.
You will be asked to check your cake over in person before you leave the premises. Please make sure any minor mistakes are brought to my attention as soon as possible (spelling or age errors etc) as these can generally be corrected quickly before you leave. Once you agree that you are happy with the cake, by paying the balance owing you are confirming that you are wholly satisfied with the cake upon collection, that you understand the instructions given regarding transportation, handling and storage, and that Ivy and Bloom Cake Company is no longer be responsible for it once it has left the premises.
You will be advised about allergenic and reactive (mainly pertaining to E numbers in food colourings which may cause hyperactivity in children) ingredients of your cake in compliance with the FSA food allergens advice. Allergenic information will be clearly labelled on the invoice attached to the box. Please advise me of any allergies or reactive ingredients that you would prefer me to avoid at the time of ordering so that I am aware of it. Whilst I can do my best to accommodate intolerances, I cannot guarantee that cakes are completely allergen free. I work in a kitchen which frequently uses gluten, dairy, nuts, and other allergens. If you require a more comprehensive list of ingredients or suppliers, please message me, I will gladly assist you. If you or someone who will be consuming the cake has a serious allergy, please note I will, with regret, refuse your order as I will not be able to assist you.
Transport, Storage and Serving Advice
You will find all specific instructions pertaining to your cake in the “Notes” section of your invoice which will be attached to the cake box. It is your responsibility to read these instructions.
Transport – Cakes should always be transported in the boot or passenger footwell of your car, and never on a seat or a passenger’s knee. If needed, I can provide a piece of non-slip matting, which will ensure your cake stays in place. You should never need to bring a passenger to hold your cake but may need someone to help you lift it when you reach your destination. If your cake is heavy, I will always advise you that it would be best with a two man lift. When you lift your cake, please ensure it is kept level at all times. I will always help you with your cake to the car if you require assistance, or if you would prefer me to settle your cake into a suitable place in your car.
If the weather is hot, please have your car cooled as much as possible before you arrive (either by having the windows open to ensure good air flow or the air conditioning running). Never leave your cake in the car for longer than is necessary – if you have errands to run whilst collecting the cake, please ensure I am last on your list before you go home or to the venue.
Storage – Your cake is a freshly made item which contains no additives or preservatives. It will always be at its best if consumed within two days. Please store your cut cake in a cool dry place away from direct sunlight and heat sources in the box provided. Do not refrigerate.
When you arrive at your venue, please ensure the staff hold the cake in the dry stores area of the kitchen until ready to display and not in the refrigerator or in a warm area. When displaying your cake, please ensure it is on a sturdy table or surface, away from direct sunlight or heat sources.
Serving – You will find a list of any non-edible structural or decorative items which need to be removed from your cake before serving in the “Notes” section of your invoice.
Ivy and Bloom Cake Company cannot be held responsible for any damages which occur during transportation, handling, storage, display or serving.
Method of Payment
My preferred methods of payment are in cash on or before collection or via bank transfer to be cleared on or before collection. Please ensure you have the means to have cleared payment by the time you
collect, as you will not be allowed to remove the cake from the premises until payment has been received.
Please note – in the event of a complaint I can only deal with the Customer who placed the original order.
Complaints are very rare and due to the amount of work put into each individual cake, I take them very seriously.
Many minor complaints regarding the decoration of celebration cakes can be easily repaired (human error can and does happen occasionally), so please point out any errors of this nature on collection to give me the opportunity to correct them. Once payment has been received this confirms the decoration is as requested and no further claims can be made. Wedding cake clients will be sent a detailed sketch of their chosen design prior to the wedding, and given the option of a “sneak peek” photograph before delivery and set up. It is the Customer’s responsibility to check that this meets with their requirements and to raise any discrepancies immediately.
Where the complaint is regarding the quality of the cake, then the cake must be returned to Ivy and Bloom Cake Company as soon as possible and within 24 hours of collection or delivery to ensure I am able to assess the nature of the complaint fairly and in a timely manner. If you choose to take your cake to a third party for repairs or alterations without prior consent, your warranty is immediately invalidated and you will not be entitled to refund or compensation, as I will not be held responsible for work another person has undertaken.
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 content thereof and providing the other Party with a prior opportunity to resolve any issues amicably.
In the event of a complaint, I can only deal with the client who placed the original order.
Here at Ivy and Bloom Cake Company I take your privacy seriously. The information I gather from you (via the order form on the website www.cakesatrachels.co.uk, my Facebook business page, in person at wedding consultations, by email or by telephone) may include your name, address, telephone number, email address, the date of your event, and the delivery address of your event if applicable. At no time do I hold financial information about you, other than details of payments you may have made to me or that which is pertinent to your order. I do not underhold any details such as credit or debit card numbers.
I do not share or sell your information to any third party, and only those directly involved in the processing of your order will have any access to the information as discussed above. Once your order is complete, your information is not kept any longer than necessary for my records, and it is destroyed in a responsible manner.
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 has not relied on (or 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 in no way should restrict the construction of the Terms and Conditions hereof.