Terms and Conditions

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1 Formation of the Contract

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1.1 These terms of sale apply to all goods supplied by Midnight Cake Creations (the supplier).

1.2 No contract exists between you and the supplier for the sale of any goods until you (the client) have signed the contract.  The supplier has signed the contract upon completion.  Upon signing this contract, a binding legal contract is created between the supplier and the client. 

1.3 The contract is subject to rights of cancellation (see below). 

1.4 The contract cannot be altered, amended or added to unless done so in writing and signed by both the client and the supplier. 

1.5 The supplier may change these terms of sale without notice to you in relation to future sales.

 

2 Description and Price of the Goods

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2.1 The order form will confirm the description of the goods, the purchase price, payment schedule and the delivery arrangements, if any.  Details of the design may be changed and are subject to artistic licence.   You will be informed if significant design changes need to be made.  We cannot guarantee a 100% colour match, however we will aim to get it as close as possible.  

2.2 If for any reason we cannot meet your requirements we will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you for the goods. 

2.3 Seven days from the date of issuing your cake order/invoice you will be required to pay a first instalment. The first instalment to be paid will be clearly shown on the cake order/invoice. The first instalment is required as a retainer fee to secure your order date and is not refundable or transferable. 

2.4 Every effort is made to ensure that prices shown and discussed by the supplier and you are accurate at the time you place your order.  If an error is found the supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order.  If you cancel, the supplier will refund or re-credit you for any sum that has been paid by you for the goods. 

2.5 The remaining balance of your wedding cake order will become due one calendar month before your wedding or one week before the event for celebration cakes .  Once this payment has been made it is not refundable.  Amendments to the design of your cake can often be accommodated up to 1 month before the collection or delivery; any increase in cost that may arise from the alteration will be charged accordingly.

2.6 If you require the cake to be delivered to the venue you may be subject to a delivery charge. You will be made aware of this charge at the time of booking and the cost will be included in your cake quote.  Once this payment has been made it is not refundable.

 

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3 Special Requirements and Allergies

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3.1 The supplier will discuss any dietary requirements, allergies and intolerances with you at the time you place your order or during your consultation.  It is your obligation to inform the supplier of any such special requirements.

3.2 Where cakes are made using recipes that are gluten, dairy or egg free etc. are available on request, it should be noted that whilst these cakes are the first made on any day, they are made in the same kitchen, using the same (very thoroughly cleaned) equipment as the standard cakes. Whilst every effort is made to ensure these cakes are free from the relevant allergens, it should be noted that the supplier is held harmless for any allergic reactions.  

3.3 We are unable to guarantee completely nut free products as many of the ingredients we use carry warnings with regards to trace nut elements. Our products may contain or come into contact with milk, wheat, soy, and other allergens; outline information is supplied on cake transportation box or delivery information and full details are available on request
 
 

4 Hiring of Equipment

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4.1 The supplier requires a refundable deposit ("the hire deposit") for the hire of cake stands and equipment.  The hire deposit will normally be £60.00 but if the supplier requires a different amount this will be discussed with you at the time you place your order. 

4.2 The hire deposit will be held for a period of time discussed with you when placing your order. 

4.3 All information regarding the hire deposit will be stated on the order form including the return date. 

4.4 The hire deposit will be refunded in full when the equipment is returned in the condition it was hired out. 

4.5 If the item hired out is lost, returned damaged, or returned late by you the supplier will retain your full deposit for the item/items to cover the cost of replacing it/them. 

4.6 For the avoidance of doubt you will become responsible for any hired equipment once that equipment has been collected, or delivered to the required address (see below).

 

5 Delivery (where applicable)

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5.1 Deliveries are not made outside the United Kingdom, and some parts of the United Kingdom are not covered. 

5.2 Amendments to the delivery time may be permitted at the sole discretion of the supplier. 

5.3 If delivery cannot be made to the address on the order form the supplier will inform you as soon as possible and refund or re-credit any sum that has been paid by you for delivery. 

5.4 You will become the owner of the goods you ordered and responsible for the risk of loss or damage to them once they have been delivered to the delivery address or collected from the supplier.

 

5.5 The supplier shall not be liable to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance that is beyond their reasonable control (including, but not limited to, extreme weather conditions, acts of God, strikes, lockouts, or other industrial disputes).

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6 Rights of Cancellation

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6.1 You have the right to cancel the contract at any time up to one calendar month before the date your order is due for delivery. 

6.2 To exercise your right of cancellation you must give written notice to the supplier via the email address shown on the supplier's website, giving details of the goods ordered. 

6.3 If you cancel your booking the cancellation charge will be your first instalment.  

6.4 If the supplier is unable to supply your order for any reason, you will be entitled to a full refund including the first instalment.  The supplier's liability will be limited to the full cost of purchase, and we will not accept responsibility for any consequential loss.

6.5 In the event the Client fails to settle the order balance by the due date the Supplier has the right to terminate this contract.  In the event such of termination under this clause, 6.5, then the supplier has the right to keep any retainer fee paid by the Client.

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7 Not Totally Satisfied?

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7.1 In the extremely unlikely event you are unhappy with your cake, please contact the supplier on 07706012301 to discuss in the first instance. The supplier will request that you return the tier(s) for inspection within 24 hours of your event.  Any cut surfaces of cake must be wrapped in cling film and the cake/s returned in the cake transportation boxes (where supplied), for investigation. Decisions would be on a case-by-case basis, but it is highly unlikely any refund would be offered where less than 75% of the original order is returned.

7.2 If a refund is deemed appropriate this will be to the value of the affected tier(s).  In any event the supplier's liability will be limited to the full cost of purchase, and we will not accept responsibility for any consequential loss.

 

8 Data Protection & Images

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8.1 The supplier will take all reasonable precautions to keep the details of your order and payment secure, but unless the supplier is negligent the supplier will not be liable for unauthorised access to information supplied by you.

8.2 The supplier will not share your data with any third parties without obtaining prior consent in writing.

8.3 On occasion, we will photograph our cakes and we reserve the right to use any photographs for display or promotion without compensation to you.  Our images remain our copyright and no reproduction or use of these images is permitted under any circumstances, without specific prior permission from Midnight Cake Creations.

 

9 Applicable Law

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9.1 These terms of sale and the supply of the goods will be subject to English Law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

Receipt of this contract means you agree to the terms set out and that you are the person responsible for all payments and decisions regarding this cake order. Please notify me if you are not in agreement with this.