Standard Terms and Conditions of Trading

 

These terms form the basis of the contract between our customer and The Elegant Rose Cake Studio. 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 are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of The Elegant Rose Cake Studio.

 

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.

 

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 The Elegant Rose Cake Studio

 

The Cakes

 

We warrant that on delivery 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 customer’s 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 will not copy an original design, we prefer to put our own take on a design but will take inspiration from any you have seen.   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 any 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 your 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 lease directly with us to confirm detail about the size of cake being dressed to avoid any 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 your cake contains flowers made from flower paste, whilst edible, we do not advise that they be eaten. These can be taken off the cake and kept as a keepsake. 

 

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.  They should NOT be refrigerated.

 

The Elegant Rose Cake Studio and the customer expressly agree that the cakes and all goods purchased from The Elegant Rose Cake Studio remain the property of The Elegant Rose Cake Studio until paid for in full.

 

Delivery of Your Wedding Cake

 

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. Once the cake has been delivered and set up we are unable to accept any 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.  A £75 booking fee is required for wedding cake orders.  For Wedding Cakes a detailed order confirmation will be issued detailing the final balance and payment details.  All outstanding monies will be due no later than 6 weeks before the wedding date. 

 

Please not all booking fees are non refundable and non transferable.

 

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.  

 

Cancellation, postponement and alterations

 

In the event of a cancellation by yourselves you forfeit the £75 booking fee.

 

In the event of a postponement and the future date being available with us ,we will carry the monies paid forward to the new wedding date.  Please be aware that we will only do this on one occasion.  Any further postponements will be classes as a cancelation.

 

In the unlikely event that we need to cancel your order any monies paid will be refunded.  The Elegant Rose Cake Studio 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 The Elegant Rose Cake Studio, and The Elegant Rose Cake Studio shall not be liable for any breach of contract resulting from such an event.

 

Complaints 

 

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.

 

Wedding cake clients will be sent a detailed sketch of their wedding cake prior to the wedding.  It is the client’s 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 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 The Elegant Rose Cake Studio

 

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 The Elegant Rose Cake Studio 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 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.

 

 

***GDPR POLICY***

As of the 25th May 2018 the new GDPR (General Data Protection Regulation) comes into place, and all businesses are bound to comply.

The Elegant Rose Cake Studio only holds the necessary information to fulfil your cake orders.

The Elegant Rose Cake Studio do not run any marketing campaigns and will, under no circumstances, give out any customer information.

Each customer has the right, at any time to ask about your data and how it is being used.

All customer information held by The Elegant Rose Cake Studio is stored on a device which has the necessary security software.

All other paperwork, which does NOT hold personal information, is held for the required 7 years following HMRC guidelines and is then cross shredded and disposed of.

If anybody has any enquiries or concerns relating to GDPR please email me at info@theelegantrosecakestudio.co.uk and I will be happy to explain things in more detail.