TERMS AND CONDITIONS

1 - DEFINITIONS

 The “Seller/I/Me/My” is defined as the legal entity Valeria Dolci Cakes Ltd, a limited company registered in England and Wales under company number 10696509.

The “Buyer/Customer/You” means the person/s who buys the Cake.

The Seller and the Buyer are collectively referred to as the Parties.

“The Cake” is the cake/cakes/consultation/or any other good to be supplied by the Seller to the Buyer and as described in the invoice accompanying these terms and conditions.

“The Event” is the wedding/celebration that the Cake is required for.

 

2 - ENTIRE AGREEMENT

This Agreement, together with an accepted quote and invoice from the Seller form the entire Agreement and understanding of the subject matter hereof between the Parties and supersede all prior communication and understandings, both written and oral between the parties.

 

3 - CONSULTATIONS

The Parties agree to a preliminary consultation, either in person, by telephone or by e-mail before the Event to confirm the design and specification of the Cake. The consultation must take place at least 90 days before the event.

An appointment for a consultation must be agreed with the Seller. All appointments for design consultations will be confirmed by email by the Seller. Following the consultation, the Seller will provide a quote.

 

4 - BOOKING FEE

A booking fee (£150 as detailed in the booking invoice) is required within 5 days from provision of a quotation to secure the Event date for the Cake.

Upon payment of the booking fee, the Seller will reserve the date of the Event.

The booking fee is non-refundable and is deducted from the final balance for the Cake.

 

5 - PAYMENT AND BOOKING FEES

The final balance, less the booking fee will be due 28 days before the date of the Event as specified on the invoice.

The final balance specified on the invoice must be paid by the Buyer on the date detailed on the invoice. Payment can be made earlier if the Buyer wishes, but the Buyer must contact the Seller before making any payments.

Orders placed less than 28 days in advance of the delivery date must be paid in full.

Failure to pay the final balance by the date stated on the invoice may result in the Buyer’s Cake order being cancelled.

The Seller accepts payment by bank transfer only as per the payment details on the invoice.

 

6 - PRICE QUOTATION
All price written quotations are valid for 30 days from the date of the quotation.

 

7 - CAKE DESIGNS

The Seller will use reasonable endeavours to produce a Cake which matches the design agreed with the Buyer. Buyer however acknowledges that the Cake is a produced by hand and the end result may vary in appearance from the original design in order to produce the best possible outcome for the Event and any pictures shown by Me in advance is for illustrative purposes.

The Parties agree that the Seller has the right to use artistic licence to alter the design of the Cake where needed should the design not “flow” when decorating the Cake.

Where a colour fabric, swatch or ribbon sample has been provided to the Seller by the Buyer for colour matching purposes, the Seller will use reasonable endeavours to match the colour as best as possible but accepts no liability if it is not an exact match.

 

8 - CHANGES AND ALTERATIONS

If the Buyer wishes to make alterations to the Cake, as detailed on the invoice accompanying these terms and conditions, the Buyer must contact the Seller immediately. The Seller will assess the Buyer’s request for an alteration and will notify the Buyer to confirm its effect (if any) on the price quotation and the agreed timetable ahead of the Event.

Accepting a request for the alteration of a Cake order is at the discretion of the Seller.

 

9 - CANCELLATIONS

The Seller offers a bespoke service and is limited to how many orders for Cake it accepts. In the event that the Buyer cancels its booking with the Seller it is unlikely that the Event date will be filled, and the following cancellation charges will apply:

• 1 month or less – 100% of invoice cost

• 1 month or more – loss of booking fee

 

Booking fees are non-refundable.

In the unlikely event that the Seller must cancel the Buyer’s Cake order, the Seller will contact the Buyer to try to agree a suitable alternative at the same price. If the Buyer does not accept the Seller’s alternative, the Seller will refund to the Buyer the monies that the Buyer has paid to the Seller.

 

10 - COMPLAINTS

In the unlikely event that you have a complaint about your Cake, please inform me so I may have the opportunity to resolve matters immediately. If any problem cannot be resolved at that time, then you should write to me within 14 days to enable me to investigate and provide a report to you. Accordingly, it is a term of our agreement with you that I cannot entertain complaints made after 14 days as I am deprived of the opportunity to investigate any facts that you may complain of. If I cannot resolve your complaint following your writing to me, you will agree to meet with me to try to resolve matters. If this meeting fails to resolve any dispute, any legal claim you bring will be limited in value to the total cost of the Cake, and in respect of which any complaint is made.

 

Some complaints may require further investigation and an immediate refund may not always be possible.

 

At least 75% of the Cake must be returned within 2 days to ensure I am able to fairly assess the nature of the complaint and determine what course of action I can take. No refund will be given if the Cake is not returned or has been eaten.

 

The maximum refund I offer is the value of the Cake. Further compensation is not available. All deposits/booking retainer fees are non-refundable. 

 

11 – ALLERGIES AND DIETARY REQUIREMENTS

The Cake is made in premises where wheat (gluten), dairy (milk), eggs, soy, lupin, sesame seeds, sulphur dioxide, celery, nuts, and peanuts are used on daily basis, therefore the Cake could contain traces of these allergens. It is the responsibility of the Buyer to inform their guests that traces of wheat (gluten), dairy (milk), eggs, soy, lupin, sesame seeds, sulphur dioxide, celery, nuts, and peanuts could be present in the Cake. A written full list of ingredients will be provided together with the collection/delivery note. Valeria Dolci Cakes will not assume any liability for adverse reactions to my products.

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Some food colourings, including the red in my red velvet Cake, may have an adverse effect on behaviour in children.

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12 - NON-EDIBLE DECORATIONS

Upon delivery of the Cake and/or any other product, a delivery form will be provided, which will include details of any non-edible decorations/items included with the order that must be removed before serving. After this form has been signed, any liability rests with the venue/customer.

 

13 - FRESH FLOWERS

I do not supply fresh flowers for the Cake. Alternatively, your chosen florist can do so. We can liaise directly with your florist and arrange set up of the cake at the venue. Should Fresh flowers be added to the Cake by anyone other than Valeria Dolci Cakes, you take full and sole responsibility for ensuring that your chosen flowers are safe to come into contact with food and the health of your guests.

 

You must acknowledge that fresh flowers are not a food product and may contain pesticides, insects, dirt, or other contaminants. Some fresh flowers are not suitable for use as a cake decoration. Ask your florist for details and advice on the toxicity as I cannot be liable for any contamination to your Cake that may arise from their use/misuse.

 

14 - DAMAGES

Collection by the Buyer

The Seller takes photographs of the Cake from all angles before the Cake leaves the Seller’s premises and/or venue.

For Cake collected from the Seller, the Seller requires a signed collection note by the person collecting confirming that the Cake was handed over in perfect condition. The Seller does not accept any liability for loss or damage to the Cake following collection.

 

15 - DELIVERY & SET UP

For Cakes delivered to venues a delivery and set up fee is payable and is included in the invoice. Deliveries are charged at £0.80 per mile and charged as a return trip along with an hourly rate. There is a standard minimum charge of £60 for any delivery.

The Seller will take photographs of the Cake from all angles upon delivery to the venue and after setting up. The Seller requires a signed delivery note by either the Buyer or the person in charge at the venue to confirm that the Cake has been delivered to the venue and set up in perfect condition. The Buyer agrees for a member of the venue staff to sign for the Cake on delivery should the Buyer not be available to sign for the Cake in person. The Seller is not liable for any loss or damage to the Cake once it has been delivered to the venue, set up, and the delivery and set up note has been signed. It is the customer’s responsibility to ensure that a suitable, sturdy table is provided for the cake.

 

For the avoidance of doubt, consumption of the Cake is evidence that the Cake is fit for the purpose supplied.

 

I recommend extreme caution if you are considering a cake decorated with chocolate for a summer wedding (May-September). I cannot accept responsibility for any melting of the cake once it has left my possession, as I have no control over the environment / venue temperature. I can however advise you of designs that are less susceptible to melting and do everything within my control to reduce the impact on the cake.

 

16 - ADDITIONAL ITEMS HIRE

For sole hire of additional items such as stands, bases and separators (ie, not part of a wedding cake booking), a hire form will need to be filled out and a minimum of £50 deposit is required (this fee may vary according to the number of items hired). The Buyer accepts responsibility for the items whilst it is at their venue or in their possession. The item must be returned to the Seller within 4 days of the Event. In the event of damage to the item the deposit will not be refunded. Should the item be damaged, broken or lost, the Buyer will be required to reimburse the Seller for the cost of the replacement.

 

Deposits are payable by a separate bank transfer only. If there are no breakages, loss or theft of products hired the deposit will be returned by bank transfer to the same bank account received from.

 

17 - PHOTOGRAPHY/PUBLICITY

Valeria Dolci Cakes reserves the right to take and use any image or photograph of the Cake (taken by the Seller) for use in its publicity and promotional material, website, social media including publication in wedding magazines at a later date.

 

18 - COPYRIGHT NOTICE

All cake designs, sketches, logos, and images are copyright to Valeria Dolci Cakes and may only be used or reproduced with written permission.

 

19 - REVIEWS

You acknowledge that any review, feedback, or rating which you leave may be published by me on the Website and you agree that it may be displayed for as long as I consider appropriate and that the content may be syndicated to our social media, publications, or marketing materials.

You undertake that any review, feedback, or rating that you write shall:

• Comply with applicable law in the UK and the law in any country from which they are posted;

• Be factually accurate;

• Contain genuinely held opinions (where applicable);

• Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving;

• Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence;

• Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party; and

• Not be used to impersonate any person, or to misrepresent your identity.

 

In addition, You agree to refrain from publicly making any negative reviews or comments about the service or the Seller without first following through the agreed complaint process in accordance with section 10 above.

 

You agree to indemnify and hold me harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements, or infringement of intellectual property rights.

You grant me and my affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.

We reserve the right to publish, edit or remove any reviews without notifying you.

 

20 - PRIVACY POLICY

Valeria Dolci Cakes will never sell or provide any customers‘ data to a third party for any marketing or advertising purposes.

 

21 - LIMITED LIABILITY

To the maximum extent permitted by law, refunds agreed above in this Agreement shall constitute Valeria Dolci Cakes’ full and sole liability under this Agreement. All other Seller’s liabilities that may arise in connection to the Agreement shall be explicitly excluded.

 

22 - FORCE MAJEURE

I shall have no liability for delays or failures in delivery or performance of my obligations to you resulting from any act, events, omissions, failures or accidents that are outside of my control ('Force Majeure'), which, without limitation, include:

• Strikes, lock-outs or other industrial action;

• Shortages of labour, fuel, power, raw materials;

• Late, defective performance or non-performance by suppliers;

• Private or public telecommunication, computer network failures or breakdown of equipment;

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• Fire, explosion, snow, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions;

• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• Acts, decrees, legislation, regulations, or restrictions of any government; and

• Other causes, beyond my reasonable control.

 

My performance will be deemed to be suspended for the period that the event of Force Majeure continues, and I will have an extension of time for performance for the duration of that period. I will use my reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which my obligations may be performed despite the Force Majeure event. I shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or I may, by written notice to the other, terminate the Contract with immediate effect upon service.