I haven't had these all written down before - but you know the drill, they basically say that we'll respect one another, communicate clearly and pay on time. I have been blessed to have been really rather busy baking for all you wonderful people this last year or three, and this was suggested to protect us both. Although to be fair, we have never had an issue - fingers crossed we continue to do business well into the future. Thank you all so much for supporting my small business, I really appreciate you :)
Becca Bakes - Dundee
Standard Terms and Conditions of Trading
These terms form
the basis of the contract between our customer and Becca Bakes. 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 all details in the order confirmation are complete and
accurate as this is the document we work to when completing your order.
Basis of Sale
Any samples,
drawings, or descriptions we issue, and any descriptions or illustrations
contained on our website and social media are issued solely to provide you with
an approximate idea of the cakes they describe and remain the property of Becca
Bakes.
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 around 3 1/2
to 4 inches deep as standard.
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 Becca Bakes.
The Cakes (cupcakes, traybakes)
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.
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.
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.
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.
Becca Bakes and
the customer expressly agree that the cakes and all goods purchased from Becca
Bakes remain the property of Becca Bakes until paid for in full.
Delivery and Collection
All orders may be collected free of charge from Becca Bakes 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 order
confirmation to the address provided. Becca Bakes 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 time shall not be of the essence.
If the delivery address changes after the order has been confirmed additional
charges may be added to cover extra mileage.
Once the cake
has 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/cupcakes will be as set out in your order confirmation. No Vat is
payable on the cakes. A minimum 40% booking fee is required if payment cannot
be made in full at time of order, for all cakes. No further payment reminders
will be sent, and it is the responsibility of the client to ensure payment is
on time.
Please note all
booking fees are non-refundable.
The balance must be paid in cleared monies no later than the date set out in
the order confirmation by bank transfer to the account specified, or Paypal. Late
payments will incur a £5 charge.
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 Becca
Bakes.
Cancellation, postponement and
alterations
In the event of
a cancellation by yourselves, charges are as follows;
7 to 14 days
prior to the date = booking fee.
Less than one
calendar week prior to the date = full amount
Any booking fees
previously paid are non-refundable.
You may, prior
to 4 days for celebration cup/cakes, amend your order by providing us with
written notice. 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. Should you make any changes
after the time scale stipulated above there will be no reduction in the price
you pay, even if your new design is cheaper than the original booking.
If for any reason you fail to collect your cake order, we reserve the right to
take action to recover any balances outstanding.
Becca Bakes 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 Becca Bakes,
and Becca Bakes shall not be liable for any breach of contract resulting
from such an event. In this situation we will provide you with written notice
and any booking fees paid are non-refundable and we refer to our cancellation
policy.
Becca Bakes’
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 Becca Bakes, 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.
Becca Bakes 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 Becca Bakes’ statutory liability for
death or personal injury arising from any negligence on Becca Bakes’ 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 48
hours of collection or delivery to give fair opportunity to assess the nature
of the complaint.
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 celebration cup/cake 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
Where the
complaint is in regard to the quality of the cake/cupcakes then the cake, or
remainder of the order, 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.
Please note we
can only deal with the client who placed the original order.
General Terms
All designs and
intellectual property rights remain the property of Becca Bakes.
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 Becca Bakes for your own
benefit.
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 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 and Scottish
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.
27.12.2021
