1. Terms & Conditions of Sale
This document informs our clients of the terms and conditions upon which we sell and supply the cakes and similar confectionary. Before confirming your order we advise all of our clients to please:
1.1. Read through these terms and conditions, as by ordering any of our Products, Goods or Services listed you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions which may be modified or amended and posted on our Website and duplicated in store from time to time.
1.2. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2.1. The Ann’s Designer Cake’s team are more than happy to discuss any initial enquiries via our social media messaging services. However, all product confirmations, amendments or alterations of the products must be emailed to Ann@annsdesignercakes.com. We will not be liable for any orders, amendments or cancellations unseen or misplaced via our social media channels.
3. Your Consultation
Our latest wedding cake collection should give you plenty of inspiration, and any one of these creations can be customised to incorporate any or all of your own design ideas unique to your wedding.
There are many options to choose from and we will help you to find a design that perfectly reflects your personality, ensuring that the centrepiece of your day is everything that you dreamed of. Prior to your complimentary consultation, please consider the following:
3.1. Consultations are complimentary for bespoke orders and wedding cakes. Should you be unable to attend, ensure you notify us 24 hours prior to your appointment. Failure to attend your consultation without prior notification and a subsequent rebooking thereafter will be charged at £100 + VAT. This charge will be offset against your order if confirmed and a deposit paid on the date your appointment is rebooked.
3.2. Your signed contract for the supply of the Product confirms all décor and special requests as stated on the contract. It is your responsibility to ensure the contract design and notes incorporate your requirements as agreed during your consultation. Any changes you request after the contract is signed must be sent to us via email, if this alteration is acceptable we will reply and attach this as part of your main contract. The main contract shall then be binding upon both you and us in the form it takes including all annexations that we have both agreed upon.
At your consultation, you can view our extensive portfolio of previous commissions, as well as a selection of our latest collection on display.
We offer a complimentary tasting of our available flavours and will cater for specialist flavours and dietary requirements, where possible, please arrange at the point of booking. We can also discuss the size of the cake in relation to your number of guests. Please consider the following prior to attending your consultation and tasting:
4.1. It is always useful to bring along elements of your theme for inspiration, whether it be a picture of your dress or the floral arrangements, even one of your invitations. We accept swatches in fabric or a paper copy of the colour (e.g. a cut out from a magazine). The swatch must be a minimum of 2” square. If a fabric swatch is unobtainable we will accept a high resolution close up photograph of the pattern you would like us to copy. Ann’s Designer Cakes will not liable should the image be not clear enough for us to decipher the detail in order to copy. We do not hold or accept your entire outfit or any digital versions of colour swatches. Any outfits brought in store for a colour swatch are at your own risk, we will not be held liable for any damage to the outfit whilst on our premises.
4.2. We cannot guarantee an exact colour match for any samples provided. If you wish to see a sample of the colour we create you must ensure you request this and approve this accordingly. This is a complimentary service. If this is not approved, we reserve the right to match the colour at our discretion and in the absence of your approval, we shall not be responsible for any difference in the shade of the colour.
4.3. Some of the flavours available are; traditional rich fruit cake, rum fruit cake or black cake, moist carrot cake, chocolate fudge, red velvet, lemon cake, vanilla/Madeira sponge, strawberry sponge, almond, banana, coconut, coffee and rum sponge.
All of our cakes are filled with rich buttercream or chocolate ganache and the finest fruit preserves.
For the traditional rich fruit cake, rum fruit cake or black cake we require a minimum of three months order notice to allow the cake mixture to mature. If less notice is given we cannot guarantee that the final quality be of a similar standard to cake given ample time to mature.
All fruit cake will require a sharp, serrated knife in order to cut it efficiently.
Please bear in mind that the samples of cake provided during the consultation and tasting meeting are cooked on a smaller scale than the final Products. Therefore the flavours, colours and textures may adjust accordingly when making each final Product.
5. Lead Times
5.1. We advise all of our clients planning their wedding during the months of May to September to secure their date as early as possible. Whilst we will always try to accommodate all of our clients, our bookings are taken on a first come first serve basis, and we reserve the right to decline orders.
5.2. Your date can always be secured with a deposit payment, and your design can be finalised during your consultation at a later date.
5.3. We kindly request that orders be placed no later than three months before your wedding, however, should you need to, please contact us, as we have on occasion worked within shorter time frames.
6. Ordering With Us
Ann’s Designer Cakes take great pride in the products that we design and create for our clients and ensure our cakes are made to the highest of standards. Prior to ordering please consult the following:
6.1. Due to the nature of the icing’s density, any cake designs which are decorated with Royal Icing will require a sharp serrated knife to cut them for both the initial photography cutting of the cake and when cutting the cake into portions for your guests. The Ann’s Designer Cake’s team will score your Royal Iced wedding cake to enable a clean cut for your wedding photo shot. This will be indicated by a decorative flourish.
6.2. The cake samples you have chosen during your consultation have been made and cooked on a smaller scale. (Refer to 4.3) The same flavours when cooked on a larger scale will inevitably vary in colour, texture and sweetness due to their size and time cooked.
6.3. We will always ensure that our client’s requirements are met in terms of their chosen flavours, however, we shall not be liable for unreasonable and unmanageable feedback regarding the flavour or sweetness of our cakes post-event. Cakes are meant to be sweet after all.
6.4. All of our cakes are handmade and decorated to your requirements. During manufacturing processes, slight changes may occur with colours, textures, flavours and designs due to the nature of the work entailed, which are out of our control. (Refer to 4.2) These changes will not differ significantly from the specification provided by you at the initial stage of ordering.
6.5. If any choice of colour including that of the inscription is not selected, we reserve the right to select one at our own discretion. We shall use our reasonable endeavours to contact you and agree on the choice of colour before making our selection in the event that the colour is left to our discretion our choice shall be final.
7.1. A 50% non-refundable deposit is required at the point of order. The outstanding balance is due 4 weeks prior to the date of your wedding/ delivery/ collection.
7.2 If your wedding should be deferred for any reason we will accommodate this change where possible. Any further amendments will incur an administration fee.
7.3. Orders placed inside of four weeks will require payment in full at the point of order and are non-refundable. We accept payment by cheque or BACS transfer.
8.1 For cancellations greater than six week’s notice prior to your
wedding date, – specially ordered items or work was already undertaken in accordance with your order will require payment.
8.2 For cancellations with less than six weeks’ notice before the completion date, the full balance will be due.
9. Equipment Hire
9.1. All hired cake stands and equipment must be returned to us within 72 hours from the hired date for the refund to be issued.
10.1. Where possible, we will always accommodate alterations. However, alterations are made at our discretion and should the overall cost be affected, then your balance will be adjusted accordingly.
10.2. We respectfully ask that changes are made no later than six weeks prior to the delivery/collection date.
10.3. We invite all of our clients to view their final cake prior to their event day. This allows ample time to make any last minute minor or reasonable changes if necessary.
We make every effort to send photographs to our clients of their final cakes for approval before the event date. Once the images have been approved or if the client chooses not to view their final cake, we will not be liable for any issues with the Product that could have been amended prior to the event date.
11.1. Should you wish to collect your cake, we will provide you with full transport, assembly and storage instructions where required. Please note that once the cake has been collected, the client is responsible, Ann’s Designer Cakes will not liable for any damages thereafter.
11.2. Cake stand hire can be arranged, with a small security deposit, again, please note, it is the client’s responsibility to return the stand within the agreed time frame (refer to 9.1)
11.3. If collecting, ensure you collect your Product as stated on your order form. Goods and Products not collected will be kept for 24 hours after which they will be disposed of with no refunds payable.
11.4. Once the Products have been collected we cannot be held responsible for any damage thereafter. You will have the opportunity to check and approve your order on collection, once the Goods have been collected and leave our store this indicates acceptance of the Goods.
11.5. It is your duty to ensure products collected are kept in the environment required. If you are not aware of such requirements then you should request the assistance of a member of the team. We shall not be responsible for any losses incurred by you or any degradation to the Goods supplied where the Goods have not been stored by you in the requisite environmental conditions.
12.1. As part of your consultation, we can discuss the delivery and set up of your cake should you require it, however, as there are limitations to the number of deliveries we can conduct, an advance booking is the best way to secure your date during the busy wedding season.
12.2. Our delivery service will include liaison with your venue, assembly of the cake in situ, and dressing with fresh flowers if so required.
12.3. The service is dependent upon availability and will be charged on an hourly basis determined by the travel distance and the time and labour required for assembling the cake.
12.4.1. Once your cake has been delivered and set up by the ADC team we take no further responsibility for any damage after we have completed the setup.
12.4.2. Ann’s Designer Cakes will not be liable if the cake is moved by and damaged by another party.
12.5. Ann’s Designer Cakes will not be liable if the cake is affected by extremely hot weather. Buttercream cakes such as Semi-Naked or Naked-Cakes would most be affected by heat and Ann’s Designer Cakes will not be liable if these cakes are ordered during the summer season or if positioned in direct sunlight or near a heat source. All of which would have been advised against during your consultation.
12.6. If we have previously agreed to meet another supplier and they are late or not ready to collaborate on the day, i.e. the florist for the cake flowers, dance floor not laid for the cake to be positioned on or the supplier of the cake stand or knife not arrived on time. Ann’s Designer Cakes will not wait indefinitely on site for them as this will delay the set up of other clients cakes.
13. Force Majeure
We shall not be liable if delayed in or prevented from performing our obligations under these terms and conditions due to Force Majeure, provided that we:
13.1.promptly notify you of the Force Majeure event and its expected duration; and
13.1.1.use reasonable endeavours to minimise the effects of that event.
13.2. If, due to Force Majeure, either we or you:
13.2.1. shall be unable to perform a material obligation; or
13.2.2. are delayed in or prevented from performing our obligations for a continuous period exceeding 2 days the other party may, within 10 days, terminate the contract on immediate notice or the both you and us shall, within 3 days, renegotiate the contract to achieve, as nearly as possible, the original intent.
13.3. A Force Majeure event shall be construed as meaning an event or sequence of events beyond our or your reasonable control (after exercise of reasonable care to put in place reasonable back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disasters; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes but excluding your inability to pay or circumstances resulting in your inability to pay.
13.4. Where neither you or we can come to an agreement following any Force Majeure event then the contract for the supply of Goods shall become frustrated and both you and we shall be released from our contractual obligations to each other. Any payments made in accordance with clause 10 shall be kept by us in so far as they relate to the Service and/or Goods which we have provided before and up to any force majeure event.
13.5 CORONAVIRUS 2020
14.1. If you are not completely satisfied with your product we would appreciate that any issues be raised as soon as possible. Any dissatisfaction of our products must be brought to our attention within 3 working days after your event. Any issues raised after this time our authorised complaints handler will be unable to address your feedback.
14.2. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:
14.2.1. the Products
14.2.2. our Service to you
14.2.3. any other matter
please contact us as soon as possible and send and address all complaints to our Authorised Complaints Handler
14.3. We shall use our best endeavours to attempt to resolve the matter using our internal complaints procedure. Upon receipt of a validly addressed our Complaints Handler shall:
14.3.1. Acknowledge your complaint within 5 working days of receipt of your complaint
14.3.2. Investigate your complaint and speak with all the relevant parties involved.
14.3.3. The Complaints Handler will send you a detailed, written reply to your complaint, including their suggestions for resolving the matter. This reply will be sent within 21 working days of our first response.
14.3.4. If you are not satisfied with our response, contact us again and we will arrange for a senior manager or Our director to review the decision.
14.3.5. We will write to you within 14 working days of receiving your request for a review, confirming the final decision on your complaint and explaining our reasons.
Whilst any information or prices shown on the website are kept as up-to-date as possible, Ann’s Designer Cakes reserves the right to change the quoted prices without notice and customers should confirm prices when placing their order.
Placing an order with Ann’s Designer Cakes is taken as acceptance of these terms and conditions. The Client’s statutory rights are not affected. English law applies to all transactions and English Courts shall have exclusive jurisdiction over any matters arising from these terms and conditions.