Legal Notice (Terms & Conditions)
Legal Notice
Terms & Conditions
Dreamcatcher Cakes by Tracy-Anne, Multi award winning Wedding cakes, bespoke design service.
Standard business Terms & Conditions.
(These outline the services you can expect from me and important information regarding your order).
Name of company
Dreamcatcher Cakes by Tracy-Anne
Contact details
Email: tracy-anne@dreamcatchercakes.co.uk
Tel:
07748 740180
Standard Terms and Conditions of trading
These terms form the basis of the contract between you (the customer/client) and Dreamcatcher Cakes by Tracy-Anne (me/myself/I).
These terms, any communications with you, information provided during a design consultation and your order confirmation are considered by me to set out the whole contract agreement between you and myself for the sale of cakes. The client is responsible for checking that all details within the order confirmation, sketches or email/messages and communications are complete and accurate as these are what I will work to when making the cake(s) in accordance with these terms and conditions when completing the order.
Basis of Sale
Any samples, sketches/drawings or photographs that I produce/issue and any descriptions, images/illustrations contained on my website and social media pages are issued solely to provide you with an approximate idea of the cakes they describe, they are subject to copyright and remain the property of Dreamcatcher Cakes by Tracy-Anne
and must not be supplied to another cake maker to recreate without my prior written consent.
All estimates/prices issued at enquiry stage will only remain valid and kept on file for a period of 7 days from the date of issue and do not constitute a confirmed booking.
~No contract is made with you nor will your chosen date be reserved in my diary or any supplies ordered without the minimum booking payment first being received by myself.
Once your booking payment has been received you will be in a legally binding contract with Dreamcatcher Cakes by Tracy-Anne and your order date will be reserved for you. Any items that are needed in advance of starting work on your order will then be purchased.
Cake sizes quoted are in inches and are based on the diameter of the cake.
Sponge cakes are approximately 5 inches deep/tall as standard, if you require a deeper/taller cake this will need to be requested at the time of designing/booking. Fruit cakes are approximately 3 to 4 inches deep/tall.
Dreamcatcher Cakes by Tracy-Anne does not make exact replica's or copies of another cake makers design as each cake decorators style of cake decorating is unique. Some designs may also be subject to copyright or be made by using products that are not permissible in the UK, I will however offer to make a similar design in my own style using the permitted products that are available to me.
Examples of my style of cake decorating and standard of work can be viewed on my website and social media pages, along with testimonials from previous clients.
The Cakes
I warrant that on delivery or collection the Cakes shall conform to their description as set out in the order confirmation/email/messages and/or discussion during your design consultation, be of good quality and comply with all food safety, statutory and regulatory requirements in the UK. The client must ensure that all details within the order confirmation, design process and/or sketches are correct and that the proposed design meets their exact requirements, is within their budget and/or ties in with their chosen wedding/venue décor if required.
~Please note; It is essential that payment of the remaining balance be received on time (no later than one calendar month before the Wedding date) by Dreamcatcher Cakes by Tracy-Anne to allow adequate time to order any required ingredients, decorations or supplies to complete the clients order as set out in their order confirmation (Please see Price and Payment for further details).
Where physical colour swatches are provided I will do my best to match as closely as possible, however exact colour matches cannot be guaranteed due to the nature of food colouring and the lighting at different venues. If you send images of colours via email or social media messages please be aware that colour perception will vary between different electronic devices, in this instance colours will be matched as closely as possible to the shade that I can see on my screen. Ribbon shades can vary between suppliers but I will use the closest match I can source.
~It may be necessary on occasion for minor adjustments or alterations to be made to the proposed design, either at the time of decorating the cake or when setting up and dressing the cake at your venue and without consultation should the overall aesthetic of the cake be compromised by a proposed design element that is then deemed not suitable. In these circumstances I will speak to a person of contact at your venue and make a note of any alterations in the delivery information pack.
From time to time certain materials and/or products may become obsolete or unavailable. This is totally out of my control, however I will do my best to select replacement products to reflect the original agreed design as closely as possible. I reserve the right to replace items with component parts of equal or better quality without consultation.
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 that I do not recommend, any failure to follow recommended instructions or any alterations that you or a third party carry out. For this reason it is recommended that multi tiered wedding cakes should not be moved once they have been set up to reduce the risk of accidental damage.
As all of my cakes are made in an environment where nuts, eggs, milk, gluten
and other allergens
are present I cannot guarantee that any cake is entirely allergen free, although every effort will be made to ensure allergies are accommodated wherever possible.
I will recommend other options or specialist suppliers if I believe it is not possible to safely cater to an allergy along with other aspects of your cake design.
If wired sugar flowers or artificial flowers are to be included in a cake design, they will be prepared and added to the cake using food safe products.
~Fresh flowers are not included in the price of any cake design.
If a Wedding cake is to be dressed with fresh flowers these will need to be provided by your florist and made food safe before placement on a cake. NB.
please note that some flowers and foliage are not
suitable for use as a cake decoration.
You must ask your florist for details regarding toxicity as I cannot be liable for any contamination to my food product that may arise from their misuse. I recommend that your florist liaise directly with me to confirm details about the size/s of cake being dressed to avoid any miscommunication.
~All of the above types of floral decoration should be removed from the cake(s) prior to consumption.
If your Cake contains figures or flowers made from sugarpaste/modelling paste or flower paste, whilst edible I do not advise that they be eaten due to the possible presence of wires, dowels or skewers for reinforcement. All of my figures and sugar flowers are handmade, therefore whilst I try to capture the characteristics if requested (such as hair colour, glasses etc) I cannot guarantee a true likeness or exact colour match. It is the clients responsibility to provide images for my reference, if images are not provided then standard figures, flowers etc. shall be used.
Stacked/tiered cakes contain food safe dowels in each tier to provide support to the tier above and these should be removed before consumption.
The Cake is a fresh product containing no additives or preservatives (other than jam filling where requested) and it is my right to assume consumption on the day requested. Cake(s) should be stored in a cool dry place, at room temperature, away from direct sunlight and sources of heat and water. They should not be refrigerated or frozen as this can cause sweating and food colouring to run when the cake(s) are coming back up to room temperature.
~ Please note; During extreme hot weather it may be necessary to use decorated dummy cake tiers for display/photography purposes and have separate serving cakes that can be kept somewhere cool at your venue. In these circumstances this will be discussed with the client closer to the Wedding day and any additional costs for dummy tiers will be added to your order balance.
Cake stand hire;
The client must ensure that any cake stands either hired or on loan from Dreamcatcher cakes by Tracy-Anne are returned in good condition and within 5 days following their event. Any damages or breakages may result in the clients hire deposit being withheld or an invoice being issued to the client to enable the purchase of a replacement or to refund the next client who has booked the hire of the stand(s).
Dreamcatcher Cakes by Tracy-Anne and the customer expressly agree that the cakes and all goods purchased from Dreamcatcher Cakes by Tracy-Anne remain the property of Dreamcatcher Cakes by Tracy-Anne until the order is paid in full.
Delivery and Collection
All orders may be collected from Dreamcatcher Cakes by Tracy-Anne by prior arrangement, however it should be noted that there are additional costs for Wedding cake boxes and internal support kits for fully stacked tiered cakes. I cannot accept responsibility for any damage sustained to the cake once it has left my premises. I will advise on the safest way to transport, however all cakes should be transported level and flat in the boot or foot well of a car for stability, away from heat sources, liquids and any items that may fall on or crush the cake box, they must not be transported on a seat or the lap of a passenger nor left in a vehicle during hot weather, very cold weather or in a vehicle overnight. Care should also be taken when turning corners or applying brakes as any sudden movements can cause the cake(s) to shift and/or collapse.
Deliveries: Dreamcatcher Cakes by Tracy-Anne will transport the cake on the day set out in the order confirmation to the venue address provided. I do not offer specific delivery times but will always do my best to accommodate schedules wherever possible. I cannot accept liability for traffic delays or circumstances that are out of my control. Delivery and set up at venue's is calculated by mileage, travel time and the estimated number of working hours required for the clients order. When setting up a cake at a Wedding venue, I will contact the venue in advance wherever possible to arrange a mutually convenient time frame. I shall take photographs of the cake and it's set up location before leaving the venue and obtain a signature from the venue wedding coordinator or other person of contact confirming that the cake has been received in good condition.
A comprehensive delivery pack will be given to the wedding coordinator or other person of contact at your venue containing information about the cake, any decorations that should be removed prior to serving, Allergens, dismantling instructions, a portion cutting guide and contact details for Dreamcatcher Cakes by Tracy-Anne.
~Although not recommended, should the venue advise the need to move the cake to another location themselves I shall explain how the cake is to be displayed and where possible obtain a signature to verify that this has been done. Once the cake has been delivered/set up I am unable to accept liability for any damage sustained to the cake thereafter nor any failure to follow any instructions provided.
Price and Payment
An estimated price of your cake will be advised prior to ordering and once your design is finalised the overall price will be set out in your order confirmation. No vat is payable on the cakes. A booking payment is required for all cake orders to reserve a date in my diary (subject to a minimum of £100 for Wedding cakes), to cover the costs of administration time, consultation, flavour samples, design and/or research time. Additional costs to purchase any tools, equipment, any decorative items or supplies that are required for item(s) that need to be made or purchased in advance for your order may also be applicable. Your order date will also be removed from being available to other clients and any other enquiries for orders on that date will be declined. For these reasons please note that booking payments are non refundable.
(Transfers to another date or order may be possible subject to my availability and only at my discretion)
A confirmation of the remaining balance will be included in your order confirmation. If any changes are made to your order after the order confirmation has been sent to you then this will be adjusted on the paperwork that I keep on file and you will be advised of any additional costs. No further payment reminders will be sent (unless there has been no contact from you by 4 weeks prior to the order due date) The client is responsible for ensuring that payment of the remaining balance is received by me on time to allow me to purchase the products and ingredients required to complete their order.
~As the majority of Wedding cakes are ordered well in advance of an event, although very rare it may be necessary for adjustments to be made to the remaining balance of your order to cover any rising inflation costs of ingredients and/or supplies. You will be notified of any price adjustments prior to your balance due date.
The remaining balance must
be paid by cleared monies no later than one calendar month before the Wedding date by bank transfer to the account specified or by cash. If the remaining balance payment is not received by the date specified this can be constituted as breach of contract by the client. I reserve the right to place a hold on working on the order until payment has been made in full.
~Where payment is late I accept no responsibility should I be unable to purchase the required stock, supplies and ingredients, or not have enough time to make additional decorations or decorate the cake as laid out in the order. In these circumstances, once payment has been received the cake will be made as closely as possible to the proposed order details within the time available and with no redress or liability on Dreamcatcher Cakes by Tracy-Anne.
Late payments may incur a charge of £25 (at my discretion) to take into account any additional shipping fees of any supplies required for your order.
Non payment of an outstanding balance will prevent the cake from being made and classed as a cancellation by the client.
Cancellation Fee's, Postponement and Alterations
In the event of a cancellation by the client, charges/fee's are as follows:
(To cover the costs of administration time, consultations, research time, design/sketches, costs incurred to provide flavour samples, any items purchased by me in advance specifically for your order and the loss of income from any clients/orders turned away due to your reservation)
Wedding Cakes
-More than ninety days prior to the arranged date - booking payment only, no additional fee's.
-Ninety days to 6 weeks prior to the arranged date - booking payment plus one third of the remaining balance.
-Less than 6 weeks prior to the arranged date - full amount payable.
Birthday/Celebration Cakes
-Up to one calendar week prior to the arranged date - booking payment only.
-Less than one calendar week prior to the arranged date - 50 percent of the remaining balance.
Any payments previously made are not refundable. The costs of any items purchased specifically for your order will also be added to the charges.
In the event of postponement: The payment due remains the same as a cancellation, but at my discretion it may be transferred to accommodate a new date. Subject to my availability I will carry the monies paid forward to the new date. Please be aware that I will usually only do this on one occasion but this may be adjusted subject to my availability. Further postponements may be classed as a cancellation by the client.
You may, prior to eight weeks before the wedding day amend or cancel your order by providing written notice. In the case of alterations, the details will be confirmed by you and any additional charges or reductions for the changes will be added to your order. Should you make any changes after this time there will not be a reduction in the price you pay if the new design is of lower value than the original booking.
In the highly unlikely event that I need to cancel your order, any monies received will be refunded. Dreamcatcher Cakes by Tracy-Anne 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, flood, storm, plant breakdown, strike, lock outs, riot, hostilities, non availability of materials or supplies, illness or any other event outside of the control of Dreamcatcher Cakes by Tracy-Anne, and I shall not be liable for breach of contract resulting from such an event. In these circumstances I will recommend other local registered and insured cake makers who may have availability to complete the order.
Dreamcatcher Cakes by Tracy-Anne's liability both in contract and tort, in respect of defects in goods and services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Dreamcatcher Cakes by Tracy-Anne, at it's discretion considers appropriate in the circumstances, and shall be limited to the value of the goods or services given rise to the claim.
Dreamcatcher Cakes by Tracy-Anne 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 Dreamcatcher Cakes by Tracy-Anne's statutory liability for death or personal injury arising from any negligence on Dreamcatcher Cakes by Tracy-Anne's part or liability imposed by statutory implied terms in consumer contracts.
Complaints
Issues or complaints are incredibly rare and due to the amount of work put into each individual cake design and order they are taken very seriously.
Complaints regarding the decoration of Birthday or Celebration cakes can be easily rectified so errors of this nature must be pointed out upon delivery/collection to give me the opportunity to correct them.
For Wedding cakes, any issues must be brought to my attention within 24 hours
of collection or delivery to give fair opportunity to assess the nature of the complaint.
~All bespoke Wedding cakes are made in line with the information provided by the client during the design process and any sketches of the proposed wedding cake design that have been approved by the client along with a detailed order confirmation that is sent to the client at the time of ordering. (See heading 'The Cakes' above) It is important to note that in accordance with these terms and conditions Dreamcatcher Cakes by Tracy-Anne cannot be held responsible for interpretation or disappointment of any cake design as long as it has been made in line with the clients pre agreed requirements as set out in their order confirmation, sketch they have approved and/or any discussions or communications with the client during the design process or leading up to their event, any defect in the Cakes arising from wilful damage, accident, negligence by you or any third party, if the Cake is used in a way that I do not recommend, failure to follow recommended instructions or any alterations that you or a third party carry out and will face no consequent liability.
Where the complaint is regarding the quality of the cake itself then the full cake or remainder of the relevant cake tier must be returned to me as soon as possible within 24 hours
of collection/delivery to ensure that I am able to fairly assess the nature of the complaint.
Please note that Dreamcatcher Cakes by Tracy-Anne can only deal with the client who placed the original order.
All parties agree to not post any negative information about the other arising out of this contract or their 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.
General Terms
All designs and intellectual property rights remain the property of Dreamcatcher Cakes by Tracy-Anne.
I reserve the right to use images of your cake or comments/messages by/from you after the event for any form of advertising including web based promotions, social media, testimonials, brochures, displays, galleries and competitions.
It is advisable that you make a copy of all documentation received from Dreamcatcher Cakes by Tracy-Anne for your own benefit.
This agreement, together with the order confirmation 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 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 is 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 shall not affect the validity or or 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 no way restrict or otherwise affect the construction of the terms and conditions hereof.
