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Terms & Conditions - Celebration Cakes
Payments, Pricing and Alterations to Bookings
Third Party Rights and Applicable Law
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Standard Terms of Business for Provision of Celebration Cakes
1. Services
1.1 All services are provided by Nicki Jackson Cakes, a company registered in England & Wales, “the Company” or “Us”.
1.2 Any references within the terms to “invoice” refer to the Cake Booking Form.
1.3 Any references within these terms to “you” or “the Customer” mean the person purchasing the goods as named on the invoice. By placing an order with us, you are accepting these terms in full.
1.4 Following any enquiry made by you, you will be provided with a quotation via email. Quotations are valid for 7 days, following which prices may be altered or services may no longer be available.
1.5 A booking can only be confirmed once the Company receives and agrees to the completed booking form and the non-refundable booking fee of £25. Bookings will be confirmed via email.
1.6 Should you fail to provide the non-refundable booking fee and agree to the completed booking form within 7 days of receiving the invoice, the date will be released for alternative bookings.
1.7 You will be contacted approximately 4 to 6 weeks before the event date to confirm the details and specifics of your booking.
1.8 All cakes are created by Nicki Jackson Cakes. No services are outsourced.
2. Payments, Pricing and Alterations to Bookings
2.1 Quotes are provided in line with the price list provided on website. Quotations are unique to each client and represent the specifics of each booking which include factors such as seasonal availability and costs of any ingredients.
2.2 Quotes may be higher or lower for certain clients depending on whether there is already a pre-existing relationship which will impact the number of hours required in each circumstance.
2.3 As far as possible the price quoted for the event will be correct (subject to no alterations being made). However, due to the nature of the cake event industry and bookings being made so far in advance, from time to time it may be necessary to vary the price depending on the availability and price of certain ingredients. As part of our price promise to you we will vary prices both upwards and downloads as required and never increase a price from the quotation (where all other elements are the same) by more than 10%.
2.4 Should it be necessary to change the date of the booking, then as much notice as possible should be provided and in any event not less than 6 months’ notice should be given. We will reschedule your booking if the alternative date you have chosen is available. You will be permitted 1 change to the date on the basis that the minimum 6 months’ notice is provided. Any further date alterations will incur further non-refundable booking fees. If we are unable to accommodate the alternative date the Company will not refund the booking fees.
2.5 Should it be necessary to change the scope of the booking by adding additional tiers or altering flavours this can be done so up to 1 month before the event date. Any additional costs will be added to the final invoice. Any reductions to the order will only permitted up to 10% of the original quote.
2.6 Between 4 and 6 weeks before the event date you will be asked to confirm the details of your booking. Following receipt of such confirmation, which should be provided within 7 days, a final invoice will be raised. All outstanding sums must be paid in full no later than 28 days before the event so that ingredients can be ordered. The date for the final payment will be clearly set out on the invoice. Should you fail to pay the outstanding balance by the date shown then we reserve the right to cancel your booking. No refunds will be given.
3. Cancellations
3.1 All cancellations must be made in writing.
3.2 Unless agreed by the Company, all booking fees are non-refundable and only transferable on 1 occasion in accordance with clause 2.4 above.
3.3 Due to the unique nature of the event industry, which has long and early booking times, any cancellations made with less than 6 months’ notice before the event will incur administrative and compensation fees. Such fees will be due as follows:
3.3.1 For cancellations will less than 6 months’ notice but more than 3 months’ notice, 50% of the quotation sum is payable.
3.3.2 For cancellations where there are less than 6 weeks’ notice, 100% of the quotation sum is payable.
3.4 Sums due as a result of cancellation will be confirmed via email. We reserve the right to use our discretion in reducing any sums owed but also reserve our rights to seek all sums paid and enforce payment for any sums due. Any sums due as a result of cancellations will be due on the dates they would have been due but for the cancellation and in accordance with the timescales set out in clause 2.5 above.
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4. Deliveries
4.1 The cake will be delivered on the day of the event to the event venue confirmed on the booking form. Should the venue have any special arrangements or restrictions it is your responsibility to ensure that you have confirmed those in writing to us at least 72 hours before delivery. The Company will not be liable if the venue prevents set-up of the cake.
4.2 Once the cake has been delivered and set-up, we will have no further involvement on the day of the event. It is your responsibility to agree the location of the cake at the venue in advance so that it is delivered and set-up in the correct place and to agree the order of service for cutting the cake.
5. Collections
5.1 The Customer is responsible for arranging collection on the day of the event. Should the venue have any special arrangements or restrictions it is your responsibility to ensure that you have confirmed those in writing to us at least 72 hours before delivery.
5.2 Once the cake has been collected, we will have no further involvement on the day of the event. It is your responsibility to transport and store the cake as advised by the Company.
6. Design Rights
6.1 We retain all design copyright in any creation prepared in the course of carrying out any services on your behalf. We will not accept imitation or replication of our designs in any circumstances.
6.2 We trust that you will be delighted with the cake and request that any images taken of our cakes and shared on social media include credit to us by using our social media handle indicated below;
Facebook: @NickiJacksonCakes
Instagram: @NickiJacksonCakes
Pinterest: @NJacksonCakes
Twitter: @NJacksonCakes
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7. Liability
7.1 Our cakes are made in an environment that handles nuts, soya and alcohol. Our cakes are suitable for vegetarians but not vegans, gluten, dairy or nut allergy suffers unless specifically requested. Full ingredients lists can be provided on request.
7.2 Once an order has been delivered, you will be responsible for it and we will not accept any responsibility for any loss or damage.
7.3 If the cake is moved following set-up, we will not take a responsibility for any loss or damage.
7.4 We do not take any responsibility for your cake if it is damaged or altered as a result of hot weather. In the event that hot weather is forecast, we will contact you in the week before your event to advise whether any alterations should be made in order to preserve the design and integrity of the cake in hot weather. In such circumstances, additional charges may apply.
7.5 We are not responsible for providing fresh flowers for your cake. Should fresh flowers be provided by a third-party florist we take no responsibility for the quality of the flowers provided. All Customers should be aware that certain flowers are toxic. It is the Customer’s responsibility to ensure that flowers and/or foliage provided are non-toxic with loose stems.
7.6 Customers should be aware that not all decorative items are non-toxic and safe for consumption (such as copper leaf). In all instances the guidance in the Delivery / Collection Form should be followed and such items should be removed before consumption. Customers should also be aware that whilst some decorative items are safe for consumption, such as icing and edible flowers, other decorations, such as ribbons, pins and jewels are not safe for consumption. It is the Customer’s responsibility to provide appropriate warnings to guests. We will not accept any liability for any loss, damage or injury arising out of consumption of inedible elements.
7.7 Nothing within these terms will:
a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law.
8. Force Majeure
8.1 The Company shall not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”)
8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and you agree that the following shall be Force Majeure Events:
a. Extreme weather conditions preventing cake making and decorating taking place, cakes and cake goods being delayed or the website not working for any reason including, but not limited to winds, snow, rain, storm, fire or floods or any natural disaster whatsoever;
b. Impossibility or difficulties with the use of relevant means of public or private transport for any reason;
c. Cancellation by any third party of related services;
d. Impossibility or difficulties with the use of public or private telecommunications networks including the internet for any access of any part of the website;
e. Inability to receive materials ordered due to third party supplier failure which was beyond our control;
f. Civil unrest, riots, strikes, transport delays and anything connected with such events;
g. The failure of any computer or telecommunications system or hardware or software of any description; or
h. The failure of the website, affiliate interface or supporting or connected technology.
8.3 Our obligations under these General Terms and Conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.
8.4 In all cases, we will take reasonable stops to bring the Force Majeure Event to a close or to find a reasonable solution by which our obligations under these General terms and Conditions can be performed despite the Force Majeure Event. If this is not possible, we will discuss with you how best to address this
8.5 We will do not accept any liability for any losses arising in circumstances where we become unable to deliver the services such as illness, bereavement or circumstances beyond our control. In such circumstances we will make every effort to keep you updated and advised.
9 Data Protection
9.1 Your privacy and the protection of your personal data is important to us and it will be handled in the following way:
a) Apart from as outlined below, your data will only be used and processed in connection with the performance of the services listed above;
b) Your personal data will be kept confidential and will never be shared with unconnected third parties. It will be shared with third parties such as an accountant to allow them to perform accountancy functions;
c) Your data will be kept secure at all times and only stored electronically on devices which are password protected;
d) In order to ensure that the data held is accurate, all data will be obtained from you directly;
e) Your data will be stored for the minimum number of years following completion of the services to allow compliance with insurance obligations; and
f) All data collected will be limited to that which is necessary to allow the services to be performed.
10 Complaints and Refunds
10.5 We are committed to providing you with a high-quality service and delivering products of a high standard. However, should there be any cause for complaint in relation to any aspect of our products or service please contact Queries@NickiJacksonCakes.co.uk. We agree to look into your complaint carefully and promptly and take reasonable steps to resolve it.
10.6 All of our cakes are made bespoke to order. Refunds will be provided in accordance with your statutory rights.
11 Testimonials
11.5 We reserve the right to use any testimonial that you provide for us wherever you have provided that testimonial.
11.6 All testimonials are real from real customers and based on the experience of that customer. They reflect real life experiences of an individual. We may not reproduce the entire testimonial if it is long or contains confidential data. We are not responsible for the opinions or comments in testimonials. Individual experiences are unique to an individual so testimonials do not provide a guarantee that you will have the same experience as another user. All testimonials are reviewed by management before being put on the Nicki Jackson Cakes website.
12 Third Party Rights and Applicable Law
12.5 No person other than the person provided with a copy of these Terms of Business shall be deemed to have the benefit of the services, or have any rights to enforce or rely on any of the terms.
12.6 These Terms and Conditions are our standard terms and conditions of business and should at all times be construed in accordance with the laws of England & Wales.
12.7 The courts of England & Wales will have exclusive jurisdiction in relation to any claim, or dispute arising out of this engagement or any matter arising from it.
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