PLEASE ENSURE YOU READ BEFORE AGREEING TO ANY PURCHASE
Standard Terms and Conditions of Trading
These terms form the basis of the contract between our customer and Ness's Heavenly Cakes. 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 cakes. 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 are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of Ness's Heavenly Cakes.
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 3 layers deep as standard.
No contract is made with you until we have received your booking fee. Once your booking fee has been received you are in a legally binding contract with Ness's Heavenly Cakes.
We warrant that on collection the Cakes 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 sketch are correct and meet their exact requirements.
The warranty does not apply to any defect in the Cakes 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.
Our cakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. We cannot guarantee that any cake is entirely nut free although we make every effort to ensure that allergies are accommodated.
We cannot guarantee an exact replica of any cake. Where colour swatches are provided we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.
Fresh flowers are not included in the price of any wedding cake design. If a wedding cake is to be dressed with fresh flowers these are to be provided by your florist. NB. Please note some flowers are not suitable for use as a cake decoration. Ask your florist for details regarding toxicity. We cannot be liable for any contamination to our food product that may arise from their misuse. We recommend that your florist liaise directly with us to confirm detail about the size of cake being dressed to avoid any miscommunication.
Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption.
The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Cakes 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.
Ness's Heavenly Cakes and the customer expressly agree that the cakes and all goods purchased from Ness's Heavenly Cakes remain the property of Ness's Heavenly Cakes until paid for in full.
Delivery and Collection
All orders may be collected free of charge from Ness's Heavenly Cakes by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises. Please note we strongly advise that any cake two tiers or more should be delivered by ourselves and not collected
Price and Payment
The price of your cake will be as set out in your order confirmation. No Vat is payable on the cakes. A £20 booking fee is required on all celebration cakes to secure your order.
For Wedding Cakes, a detailed order confirmation will be issued detailing the final balance and payment details. No further payment reminders will be sent and it is the responsibility of the client to ensure payment is on time.
Please not all booking fees are non-refundable and non-transferable.
The balance must be paid in cleared monies no later than the date set out in the order confirmation by bank transfer to the account specified.
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 cake as laid out in the order confirmation. In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on Ness's Heavenly Cakes.
Cancellation, postponement and alterations
In the event of a cancellation by yourselves, charges are as follows;
The booking fee is non-refundable.
In the unlikely event that we need to cancel your order any monies paid will be refunded. Ness's heavenly Cakes 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, Covid-19 lockdown, non-availability of materials or supplies or any other event outside the control of Ness's Heavenly Cakes, and Ness's Heavenly Cakes shall not be liable for any breach of contract resulting from such an event.
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 48 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.
Where the complaint is in regards to the quality of the cake then the cake, or remainder of the cake/tier, 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.
All designs and intellectual property rights remain the property of Ness's Heavenly Cakes.
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 Ness's Heavenly Cakes for your own benefit.