Terms and Conditions
These terms form the basis of the contract between you (the client) and Nightingale Cakes. Any breach of these conditions will constitute a breach of contract and may terminate the contract with no redress on, or liability to Nightingale Cakes
Basis of Sale
These Terms, your Order and Order confirmation are considered by us to set out the whole agreement between you and us for the sale of cakes. Please check all details in the order confirmation are complete and accurate as this is the document we work to when completing your order. These Terms shall become binding on you and us when a non refundable deposit is paid and an order confirmation is issued, at which point a contract shall come into existence between us.
Any samples, drawings or descriptions we issue including descriptions or illustrations contained on our website or internet profiles are issued solely to provide an approximate idea of the cake they describe.
Any quotations are valid for a period of 30 calendar days from its day of issue. Prior to 28 days before the due delivery/collection (7 days for celebration cakes) you may amend or cancel 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. In the event of a cancellation any payments previously made are non refundable.
In the unlikely event that we need to cancel your order and cannot transfer the booking to an alternative local decorator, any deposits paid will be fully refunded to you. No further liability will be sought. Possible reasons for cancellation include but are not limited to; death, injury, illness (due to health and safety regulations), serious medical condition or accident to myself or family member.
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 interpretation of the cakes as long as it is made in line with the customer’s agreed requirements set out in the Order Confirmation and will face no consequent liability.
The warranty does not apply to and 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.
As our cakes are made in an environment where nuts are present, we cannot guarantee that any cake is entirely nut free.
We cannot guarantee an exact replica of any cake, but 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 e.g. a particular colour ribbon. 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. In all cases we will try and contact you to advise on any changes; however we reserve the right to replace items with component parts of equal or better quality without consultation.
If your cake contains flowers or figures made from sugar paste, whilst edible, we do not advise that they be eaten due to the possible presence of dowels for reinforcement. Due to the handmade nature of our models, whilst we try to capture the characteristics of a particular person we cannot guarantee a true likeness.
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. Please see the cake information sheet provided with the cake for any extra storage requirements. Unless stated cakes should not be refrigerated.
In the unlikely event of the client being unhappy with the quality of the cake produced, the client must contact Nightingale Cakes within 24 hours and preserve a sample of the cake by wrapping it tightly in cling film and storing as set out above for analysis.
Delivery and Collection
All orders may be collected free of charge from Nightingale Cakes by prior arrangement. Failure to collect at arranged time will be considered a breach of contract. A signature is required on collection confirming you have received your order in good condition and as specified. You will receive a cake information sheet with information on storage or non edible items. We accept no responsibility for any damage sustained to the cake once it has been signed for. If delivery has been requested we will deliver the cake on the day set out in the order confirmation to the address provided. We do not offer specific delivery times.
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 and where possible, obtain a signature from the venue confirming the cake has been received in good condition. Should the venue need to set up the cake we shall explain how the cake is to be displayed and obtain a signature to verify this has been done. Once the cake has been delivered we are unable to accept liability for any damage sustained to the cake thereafter no any failure to follow the instructions provided.
Price and Payment
The price of your cake will be set out in your order confirmation. No Vat is payable on the cakes. An order confirmation will be issued detailing the deposit, 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.
A £50 deposit is required to secure the date for a wedding cake booking. Once a design has been agreed 50% of the order value is payable. For any other cakes and smaller orders 50% of the order value is payable on ordering, this forms a non refundable deposit and secures the date.
The balance must be paid in cleared funds no later than the date set out in the order confirmation by bank transfer to the account specified, cash or cheque payable to J Whitby.
If payment is not received by the date specified this shall be constituted as a 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 Nightingale Cakes.
All designs remain the property of Nightingale Cakes.
We reserve the right to use images of your cake for any form of advertising, Web based promotions, brochures, galleries and competitions apply.
It is advisable that you make a copy of all documentation received from Nightingale Cakes for your own benefit.
All of the above agreements apply to all of our work.
Terms and conditions may change at any time but will not affect your contract with Nightingale Cakes. This does not affect your statutory rights.