Updated: 28.04.2022
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These terms form the basis of the contract between our customer and KiwiCakes Manchester.
These Terms, your Order and your Order confirmation (correspondence regarding your order, design and details) are considered by us to set out the whole agreement between you and us for the sale of baked goods.
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.
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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 cakes they describe and remain the property of KiwiCakes Manchester.
Quotations are valid for a period of 7 calendar days from the day of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Cake layers are 1 1/2 to 2 inches deep as standard.
If you would like a deeper cake this needs to be requested at the time of booking.
No contract is made with you until we have received your full payment.
Once your payment has been received you are in a legally binding contract with KiwiCakes Manchester.
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The Cake
We warrant that on delivery or collection, the Cake shall conform to the 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 if applicable) are correct and meet their exact requirements.
The warranty does not apply to any defect in the Cake arising from willful 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, eggs, dairy milk, gluten and other allergens are present. We cannot 100% 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, but we will do our best to make it so. 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. We will arrange the flowers on the cake, this is non-negotiable.
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.
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From time to time certain materials for our cakes 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.
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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 only be refrigerated in very warm weather.
KiwiCakes Manchester and the customer expressly agree that the cakes and all goods purchased from KiwiCakes Manchester remain the property of KiwiCakes Manchester until paid for in full.
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Delivery and Collection
All orders may be collected free of charge from KiwiCakes Manchester by prior arrangement.
We accept no responsibility for any damage sustained to the cake 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. KiwiCakes Manchester will always do the best it can to ensure delivery dates and times agreed are achieved for the provision of the goods or services, however the Company cannot accept liability for delays out of their control.
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If the delivery address changes after the order has been confirmed, additional charges may be added to cover extra mileage.
When delivering to a wedding venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the wedding cake, we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. Should the venue need to set up the cake themselves we shall explain how the cake is to be displayed and where possible, obtain a signature to verify we have done so. Once the cake has been delivered, we are unable to accept any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.
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Price and Payment
The price of your cake will be as set out in your order confirmation/final communication over email. No VAT is payable on the cakes. A 25% booking fee is required for wedding cake orders (subject to a minimum of £50) and full payment in advance for all other cakes/cupcakes. 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.
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Please note all booking fees are non-refundable.
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The balance must be paid in cleared monies no later than 6 weeks before the event date, by bank transfer to the account specified. Your order will not be deemed accepted or confirmed until payment has been received.
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 KiwiCakes Manchester.
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Cancellation, postponement and alterations
In the event of a cancellation by yourselves, charges are as follows;
Weddings:
More than 60 days prior to the date = booking fee only.
60 days to one calendar week prior to the date = booking fee plus half the remaining cost.
Less than one calendar week prior to the date = full amount
Celebration Cakes/Cupcakes:
More than 7 days prior to the date = no charge unless items have been purchased, then costs to be deducted.
Less than 7 days prior to the date = half the amount
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Any booking fees previously paid are non-refundable.
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In the event of a wedding postponement, the payment due remains the same as a cancellation. If you postpone within 60 days of the wedding half the remaining cost will be due on the original payment date. If you postpone less than one week prior to the wedding, the outstanding balance remains payable on the original due date. Subject to availability we will carry any monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancellation. Postponements may also be subject to an increase in costs, in line with the annual cost of inflation, dependent on the duration of the postponement.
You may, prior to 8 weeks before the wedding day, or 7 days for celebration cakes, 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.
If for any reason you fail to collect your cake order, we reserve the right to take action to recover any balances outstanding.
KiwiCakes Manchester 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 KiwiCakes Manchester, and KiwiCakes Manchester 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. As such we advise you to purchase wedding insurance.
KiwiCakes Manchester's liability 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 KiwiCakes Manchester, 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.
KiwiCakes Manchester 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 KiwiCakes Manchester’s statutory liability for death or personal injury arising from any negligence on KiwiCakes Manchester’s part or liability imposed by statutory implied terms in Consumer Contracts.
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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, social media 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 cakes can (usually) 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 cake has been handed over, this confirms that decoration is as requested, and no further claims can be made.
Wedding cake clients will be sent a detailed sketch of their wedding cake prior to the wedding. It is the client’s responsibility to check that this meets with their requirements and raise any issues with us if there are any discrepancies.
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 36 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint.
Refunds or Credit notes will not be issued to clients who have not followed the above steps.
Please note we can only deal with the client who placed the original order.
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General Terms
All designs and intellectual property rights remain the property of KiwiCakes Manchester.
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 KiwiCakes Manchester for your own benefit.
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. Nothing in this paragraph excludes any liability for fraudulent misrepresentation.
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The parties agree to submit to the non-exclusive jurisdiction of the English courts.
Any headings utilized 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.