TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS OF TRADING
These terms form the basis of the contract between our client and Crumbs To Creations. These Terms, your Order and your Booking Form 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 Booking Form 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 Crumbs To Creations .
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 5 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 Crumbs To Creations.
THE CAKE
We warrant that on delivery the Cakes shall conform to their description as set out in the Booking Form, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements in the UK. We will not be held responsible for client disappointment of the design or the interpretation of the cake as long as it is made in line with the client’s pre agreed requirements set out in the Booking Form and will face no consequent liability. It is the clients responsibility to ensure all details within the Booking Form 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 therefore accept no liability for anyone suffering from an allergic reaction after eating your cake.
If you wish us to recreate another cake designer’s cake, we would prefer not to copy it exactly but will use it as inspiration to create your own design.
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 and added onto their bill. We will prepare and arrange the flowers on the cake. 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 liaise 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.
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.
Crumbs To Creations and the client expressly agree that the cakes and all goods purchased from Crumbs To Creations remain the property of Crumbs To Creations until paid for in full.
DELIVERY AND COLLECTION
We will deliver the cake on the day set out in the Booking Form to the Venue provided. We will contact the venue in advance to arrange a mutually convenient time for delivery. Once we have set up your cake we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. 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.
If the cake is delivered with a cake stand, a security deposit will be payable with the final balance. The stand must be returned to us in a good, clean condition within 3 days of the wedding. Upon the return of the stand the deposit will be refunded. This will be refund via bank transfer within 3 working days. Should the stand be returned broken or damaged, the cost of the replacement stand will be deducted from the security deposit.
We reserve the right not to use a cake stand provided by the venue or yourself if we feel it will not be suitable to hold the weight of your cake.
PRICE AND PAYMENT
The price of your cake will be as set out in your Booking Form. No Vat is payable on the cakes. A £100 booking fee is required to secure your date. A detailed Booking Form will be issued detailing the final balance and payment details. A polite reminder will be sent during the week before balance is due, 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 by methods set out in the Booking Form by no later than the due date set out in the Booking Form. Late payments will incur a £25 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 Booking Form. In these circumstances the cake will be made as close to the Booking Form as possible with no redress or liability on Crumbs To Creations.
Please note there is a minimum spend of £700 for Couture iced cakes & £525 for buttercream cakes (not including delivery & set up).
If you are having an intimate wedding where a large cake is not needed, the value can be made up with favours.
CANCELLATION, POSTPONEMENT AND ALTERATIONS
In the event of a cancellation by yourselves, charges are as follows;
More than ninety days prior to the date = booking fee only.
Ninety days 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 booking fees previously paid are non-refundable.
In the event of a wedding postponement, subject to availability we will carry any monies paid forward to a new wedding date providing it is within 12 months of your request, please be aware that we will only do this on one occasion. If the new date falls outside of the 12 months from your request, a new booking fee will be payable. The first booking fee will not be refundable or transferable, it will be classed as a cancellation and a new booking.
If you are moving your wedding to a date Crumbs To Creations is unavailable for, unfortunately the booking fee will be strictly non-refundable as this covers work already completed in the lead up to your wedding (this may include but is not limited to: phone calls, emails, completing and sending forms, design work, providing taster boxes and it is also highly likely that we will have turned down other work for your original date).
You may, prior to 8 weeks before the wedding day, amend your order by providing us with written notice. In the case of alterations, a new Booking Form will be issued detailing the changes and the new cost. Alterations at short notice are not guaranteed. 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.
Crumbs To Creations 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 Crumbs To Creations, and Crumbs To Creations 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. As such we advise you to purchase wedding insurance.
Crumbs To Creations’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 Crumbs To Creations, 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.
Crumbs To Creations shall not under any circumstances be liable for the client respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Crumbs To Creations’s statutory liability for death or personal injury arising from any negligence on Crumbs To Creations’s 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 24 hours of 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.
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 their requirements and raise any issues if there are any discrepancies.
Where the complaint is in regard 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 24 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 Crumbs To Creations.
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 Crumbs To Creations for your own benefit.
This Agreement together with Booking Form 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.
By paying your booking fee, you are agreeing to these terms and conditions so please read them carefully