Standard Terms and Conditions of Trading
These terms form the basis of the contract between our customer and Incredible and Edible. 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 Incredible and Edible.
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. 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 Incredible and Edible.
The Cakes
We warrant 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. 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 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.
If your cake contains figures made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels for reinforcement. All of our figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), we cannot guarantee a true likeness. It is your responsibility to provide images for our reference. If images are not provided standard figures shall be used. Images need to be provided no later than 4 weeks prior to the event.
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.
Incredible and Edible and the customer expressly agree that the cakes and all goods purchased from Incredible and Edible remain the property of Incredible and Edible until paid for in full.
Collection
All orders may be collected free of charge from Incredible and Edible by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises.
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 25% booking fee is required for all cakes. An order confirmation will be issued detailing the final balance and payment details. 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 via paypal to lisa.youngjohns@gmail.com
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 Incredible and Edible.
Cancellation, postponement and alterations
In the event of a cancellation by yourselves, charges are as follows;
More than thirty days prior to the date = booking fee only.
Less than 7 days prior to the date = full amount
If your event has been rescheduled Incredible and Edible will do their best to accommodate your new date. Subject to availability we will carry any monies paid forward to the new date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancelation.
Any booking fees previously paid are non-refundable.
You may, amend your order 7 days before your event 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.
Incredible and Edible 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 Incredible and Edible, and Incredible and Edible 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.
Incredible and Edible’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 Incredible and Edible, 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.
Incredible and Edible 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 Incredible and Edible’s statutory liability for death or personal injury arising from any negligence on Incredible and Edible’s part or liability imposed by statutory implied terms in Consumer Contracts.
Complaints
Due to the amount of work put into each individual cake any complaints that arise will be taken 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 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 cake has been collected and signed for 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 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 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 Incredible and Edible.
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 keep a copy of all documentation received from Incredible and Edible 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.