Standard Terms and Conditions of Trading

 

These terms form the basis of the contract between our customer and OOH CAKE. These Terms, your Order and your Order confirmation are considered by us to set out the whole agreement between you and us for the sale of Bakes. It is your responsibility to check all details in the order confirmation are complete and accurate as this is the document we work to when completing your order.

 

Basis of Sale

 

Any samples, drawings, or descriptions we issue, and any descriptions or illustrations contained on our website and social media are issued solely to provide you with an approximate idea of the Bakes they describe and remain the property of OOH CAKE.

Quotations are valid for a period of 30 calendar days from the day of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 4 to 5 inches tall as standard. If you would like a taller cake this needs to be requested at the time of booking and will effect the final quotation.

No contract is made with you until we have received your booking fee, requested at the time of booking. Once your booking fee has been received you are in a legally binding contract with OOH CAKE. Until the requested booking fee is paid, the slot remains open for other customers. Slots are confirmed on a first come, first serve basis, defined as payment of the booking fee.

 

The Bakes

 

We warrant that on delivery or collection the Bakes 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 the interpretation of the cake as long as it is made in line with the customer’s pre-agreed requirements set out in the order confirmation and will face no consequent liability. It is the customers responsibility to ensure all details within the order confirmation and/or sketch are correct and meet their exact requirements.

It is responsibility of the customer to view Ooh Cake's previous work on social media or their website (oohcake.co.uk) to ascertain if the quality and standard of work matches the customer expectations.

The warranty does not apply to any defect in the Bakes 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. This includes, and is not limited to, transportation of a collected item, storage, and serving.

Our bakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. We cannot guarantee that any cake is entirely allergen free although we make every effort to ensure that allergies are accommodated. For this reason, we reserve the right to refuse an order in the case of a severe allergy.

We cannot guarantee an exact replica of any cake, but we 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 Bakes may become obsolete. 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. We reserve the right to replace items with component parts of equal or better quality without consultation.

If your bake contains figures made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels for reinforcement. All of our figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), we cannot guarantee a true likeness. It is your responsibility to provide images for our reference. If images are not provided standard figures shall be used. Images need to be provided no later than 2 weeks prior to the event.

 

Stacked/tiered cakes contain dowels/straws in each tier to provide support and these should be removed before consumption.

The bake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Bakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. They should NOT be refrigerated unless expressly advised by OOH CAKE.

OOH CAKE and the customer expressly agree that the cakes and all goods purchased from OOH CAKE remain the property of OOH CAKE until paid for in full.

 

Delivery and Collection

 

All orders may be collected free of charge from OOH CAKE by prior arrangement. We accept no responsibility for any damage sustained to the bake once it has left the premises.

If delivery has been requested, we will deliver the cake on the day set out in the order confirmation to the address provided. OOH CAKE will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence.

 

If the delivery address changes after the order has been confirmed additional charges may be added to cover extra mileage.

If the bake is delivered/collected with any rented equipment, a security deposit and rental fee will be payable with the final balance. The equipment must be returned to us in a good, clean condition within 3 days of the event. Upon the return of the equipment, the security deposit will be refunded. This will be refund via PayPal or bank transfer with 5 working days of the return. The equipment will be inspected by both parties on return. Should the equipment be returned broken or damaged, the cost of the replacement stand will be deducted from the security deposit.

Where there is no reception at the given address at the agreed time and date of delivery, the bake will be returned to OOH CAKE. The bake can then be collected at a mutually agreed time and may be subject to a charge. Re-delivery can be arranged at an additional cost to the customer. It is the responsibility of the customer to remain contactable via the original communication method or the email used for the invoice. OOH CAKE will make one attempt to make contact via these channels prior to returning the bake back to OOH CAKE. OOH CAKE will allow a waiting window of 15 minutes beyond the agreed delivery date before returning to OOH CAKE.

Price and Payment

 

The price of your bake will be as set out in your order confirmation. No VAT is payable on the bakes.

Booking Fee is equal to 50% for bakes £40 or over, and 100% for bakes below £40. Booking fee is £100 for wedding cakes.

Please note all booking fees are non-refundable. This includes bakes purchased on the website.

The balance must be paid in cleared monies no later than the date set out in the order confirmation by processes outlined in the Invoice. If paying by debit or credit card, please allow 3 working days for payment to clear. Late payments will incur a £25 charge.

If payment is not received by the date specified this shall be constituted as 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 bake as laid out in the order confirmation. In these circumstances the bake will be made as close to the order confirmation as possible with no redress or liability on OOH CAKE. No discount or refund will be made.

 

Cancellation, Postponement and Alterations

 

In the event of a cancellation by yourselves, charges are as follows;

NON-WEDDING

More than 7 (seven) days prior to the date = booking fee only.

7 (seven) days to 3 (three) days prior to the date = booking fee plus half of any remaining cost.

Less than 3 (three) days prior to the date = full amount.

Any booking fees previously paid are non-refundable.

You may, prior to 7 days, amend 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. Should you make any changes after the time scale stipulated above there will be no reduction in the price you pay, even if your new design is cheaper than the original booking.

WEDDING

More than two calendar months prior to the date = booking fee only.

Two calendar months to one calendar month prior to the date = booking fee plus half of any remaining cost.

Less than one calendar month prior to the date = full amount.

 

OOH CAKE reserves the right to cancel, vary or suspend the operation of this contract if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing): fire, floods, storm, plant breakdown, strike, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of OOH CAKE, and OOH CAKE shall not be liable for any breach of contract resulting from such an event. In this situation we will provide you with written notice and any booking fees paid are non-refundable and we refer to our cancellation policy.

OOH CAKE’S liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as OOH CAKE, at its discretion, considers appropriate in the circumstances and shall be limited to the to the value of the goods or services giving rise to the claim.

OOH CAKE shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict OOH CAKE’s statutory liability for death or personal injury arising from any negligence on OOH CAKE’S part or liability imposed by statutory implied terms in Consumer Contracts.

Complaints

Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously. Any issues must be brought to our attention within 24 hours of collection or delivery to give fair opportunity to assess the nature of the complaint.

Both Parties agree to not post any negative information about the other arising out of this Contract or Event on any online forum or website without providing advance written notice of the intended content thereof and providing the other party with a prior opportunity to resolve any issues between the parties amicably.

Complaints regarding the decoration of celebration cake can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give us the opportunity to correct them. Once the bake has been handed over this confirms that decoration is as requested, and no further claims can be made.

Where the complaint is in regard to the quality of the cake then no less than 75% of the bake must be returned to us as soon as possible after cutting and within 48 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint.

Please note we can only deal with the client who placed the original order.

General Terms

All designs and intellectual property rights remain the property of OOH CAKE.

We reserve the right to use images of your cake for any form of advertising including web-based promotions, brochures, galleries and competitions. It is advisable that you make a copy of all documentation received from OOH CAKE for your own benefit. This includes information listed on the website at time of ordering.

This Agreement together with Order Confirmation documents provided constitute the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent that such statement, representation, warranty or understanding is incorporated into this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement, representation, warranty or understanding made prior to this Agreement. Nothing in this paragraph excludes any liability for fraudulent misrepresentation.

In the event that any one or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted.

The parties agree to submit to the non-exclusive jurisdiction of the English courts.

Any headings utilised in this Agreement have been inserted for the convenience of reference only and should in no way restrict or otherwise affect the construction of the terms and conditions hereof.