Terms and Conditions of Sale
All sales made by the Merrycaker (hereinafter referred to as “the Merrycaker”, “us”, “we” or “our”) to you, the consumer (hereinafter referred to as “you”, “the Client” or “your”), are subject to the following terms and conditions.
Nothing contained within these terms and conditions affects your statutory rights as a consumer. Please read the following terms and conditions and if there is anything that you do not understand then please do not hesitate to contact us.
Price
The price of your order shall be stated on your order form. You agree to pay the full price to the Merrycaker in accordance with the order form after the details are checked and agreed by you.
Deposits
All cake orders require a non-refundable deposit of 50% of the total cost. All deposits become due when the order has been placed and details checked and agreed by you. All orders are deemed to have been accepted and your chosen date reserved only when the deposit has been paid. If your deposit is not paid within 7 days of the order being placed then we reserve the right to cancel any previous arrangements.
Payments
Payments may be made by:
Automated Payments – Direct Bank/Building Society Transfer
Details
Account Number:
Sort Code:
Please include your first initial and surname in your payment reference.
Final Payment
Final Payments for all bespoke cake orders must be made at least 28 days prior to delivery/collection/set-up or as stated on your order form.
Final Payments for all ‘Cakes to Order’ cake orders must be made at least 7 days prior to delivery/collection/set-up or as stated on your order form.
Non-payments
In the event of non-payment or if any payment is subsequently declined, the order will not be completed or released until alternative funding arrangements have been agreed and payment is made in full. Subsequent completion of the order will be subject to availability and cannot be guaranteed. The Merrycaker accepts no responsibility for any loss howsoever caused or for non-delivery under these circumstances. The Client will be responsible for the payment of any additional charges which have been incurred as a result of payment failure.
Alterations to Orders
Your cake is very important to us. Please take your time to check your copy of the order form carefully and let us know within three days if any changes are needed. It is your responsibility to advise the Merrycaker of any changes to the original order up to one month prior to the date required for bespoke cakes or two weeks prior to the date required for ‘Cakes to Order’ cakes. After this time the design is set. The Merrycaker reserves the right to increase the quoted fee in the event that the Client requests a variation to the work agreed.
Collection
Your order may be collected at a pre-arranged time between Monday and Friday 9:00am to 15:00pm. If you wish to collect outside of these times, please contact us and we will do our best to accommodate your request. You will be provided with a document containing important information regarding your cake (e.g. details of allergens and any non-edible items) which you will be asked to acknowledge prior to the release of your order.
Delivery
We offer local personal delivery on Saturdays and Sundays between 9:00 AM and 1:00 PM for a fee of £13. For delivery outside of these times, or to a mainland UK address outside of a 5-mile radius of SM1 4RA, we can arrange a specialist cake courier on your behalf. In the event that your order is delivered by courier, please check your cakes before signing for them as, once signed for, any compensation for damages will have to be claimed from the courier by you.
All delivery times must be pre-arranged and are subject to availability. If you require a specific delivery date, please specify this when placing your order. We will do our best to accommodate your requirements.
It is the Client’s responsibility to ensure that you have given us the correct delivery information and that someone is available to receive your cake. You will be provided with a document containing important information regarding your cake (e.g. details of allergens and non-edible items) which you will be asked to acknowledge prior to the release of your order. If no-one is available at the delivery address at the time of delivery, or if we cannot gain entrance to the delivery address, the cake will be returned to the Merrycaker who will contact you to arrange an alternative delivery time at an additional cost. The Merrycaker accepts no responsibility for any loss or consequential loss incurred by the Client under these circumstances (e.g. the cake not being delivered on the date/time required).
Setting Up
Should your cake be delivered locally by the Merrycaker, the Merrycaker will set up the cake as agreed and will want it to look its best. The Merrycaker cannot be held responsible for the location of the cake at the venue. Please therefore ensure that the display location is out of direct sunlight, level, stable and strong enough to support the cake.
Storage and Consumption
Your cake is baked to order for the date of your event. As our cakes are baked using fresh ingredients and do not contain many of the preservatives and additives contained within “off the shelf” baked goods, we cannot guarantee their quality if they have been consumed more than 24 hours after delivery.
Once collected/delivered, we cannot accept responsibility for how the cake is handled and are therefore unable to accept liability for any interference with or damage to the cake thereafter. Our cakes should be stored in cool, dry, hygienic conditions and are not suitable for refrigeration (unless you are advised otherwise).
Please be aware that the vast majority of our cakes are decorated with chocolate modelling paste rather than fondant and are therefore susceptible to melting in hot temperatures or in direct sunlight. Caution should be exercised when ordering a cake decorated with chocolate between the months of May – September.
Cancellations/Refunds
As your cake order booking is reserved solely for you and certain components of your cake may be ordered months in advance, the following conditions are implemented when an order is cancelled by the Client:
Bespoke Cakes:
1+ months of the delivery date – 50% of the
total cost will be payable.
0 – 1 month of the delivery date – 100% of the total cost will be payable.
‘Cakes to Order’ Cakes:
8+ days of the delivery date – 50% of the
total cost will be payable.
0-7 days of the delivery date – 100% of the total cost will be payable
Cake order cancellations must be made by the Client in writing.
If the Merrycaker cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, acts of god, including, but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the baker's illness, then the Merrycaker shall return any money paid by the client, less expenses, but shall have no further liability with respect to this agreement. In the event that the Merrycaker fails to perform for any other reason, the Merrycaker shall not be liable for any amount in excess of the money the client has paid.
In the event that any of the above conditions prevent the Merrycaker from completing a cake, the Merrycaker will attempt to make arrangements with alternative cake providers to complete the work, and will provide refunds to the Client in proportion to the amount of work that the Merrycaker was not able to carry out.
In the event that any of the above conditions prevent the Merrycaker from delivering and/or setting up a completed cake, no refunds will be issued, but the Client will be given the option of collecting the cake on the day of, or within one day of, the originally scheduled event.
Allergies, Food Intolerance and Dietary Requirements
If you have a food allergy, intolerance, or coeliac disease, please contact us regarding the ingredients in your cake before you order.
We may sometimes be able to remove an ingredient from a recipe. However, please be aware that your cake has been prepared in a kitchen where allergens are present and ingredients may be used that are produced in factories where allergens are present. Your cake may therefore contain traces of cereals containing gluten, peanuts, nuts, celery and celeriac, mustard, sulphur dioxide, eggs, milk, sesame, fish, soya and lupin.
Written allergy information will be provided with your cake.
Please inform us of any other dietary requirements in advance of placing an order as some cake decorating techniques are not suitable for all diets (e.g. dairy in the modelling chocolate used to cover cakes or the use of gelatine in the production of some edible plastics and fabrics). This may place constraints upon the design of your cake.
Copyright
Please note that no person shall have the entitlement to copy or reproduce in any form, or otherwise make use of any image, photograph, design or other document or item produced by or on behalf of the Merrycaker without the prior written consent of the Merrycaker.
Publication and Promotional Rights
By signing the order form the Client agrees that the Merrycaker is the sole designer and owner of the final cake design. All rights in any original designs created and designed by the Merrycaker shall remain the exclusive property of the Merrycaker. From time to time our designs may be published in the media (e.g. in cake magazines). We reserve the right to use any image of a Client’s cake made by the Merrycaker for publication after the delivery date unless previously agreed in writing between the Client and the Merrycaker.
