Please read through carefully the Standard Terms and Conditions.
These terms form the basis of the contract between you, the client and Claire Arscott Cake Design. 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 Claire Arscott Cake Design.
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 approx. 4 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 non-refundable booking deposit. Once your deposit has been received you are in a legally binding contract with Claire Arscott Cake Design.
We warrant that on delivery or 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.
I will not copy exact replicas of any cake but will happily create something similar to your liking. Where colour swatches are provided, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.
Food Allergy Advice
Our kitchen is not an allergy free kitchen and our cakes are made in an environment where nuts, egg, milk, gluten and other food allergens are present. We cannot guarantee that any cake is entirely free from ingredients that can cause a food allergy. We reserve the right to decline any orders for serious food allergies. Claire Arscott Cake Design will not assume any liability for adverse reactions to our products.
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.
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.
Non-Edible Components are often used in our cakes, such as wired sugar flowers, flower picks, florist tape, ribbon, with Stacked cakes containing dowels or similar supports in each tier, providing structure.
These should all be removed before consumption and is the responsibility of the client to ensure this is completed before serving.
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 unless advised by Claire Arscott Cake Design.
Delivery and Collection
All orders may be collected free of charge from Claire Arscott Cake Design 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. Claire Arscott Cake Design will always do the best it can to ensure delivery dates and times are agreed prior to delivery. However, the Company cannot accept liability for delays due to unforeseen circumstances.
When delivering to a wedding venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. We will set up the wedding cake and shall take a photograph of the cake before leaving. We will require a signature from the event/wedding coordinator to confirm the cake has been delivered in good order. 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.
If the cake is required with stand hire, a refundable security deposit will be payable with the final balance. The stand must be returned to us in a good, clean condition within 3 days of the wedding. Upon the return of the undamaged stand the deposit will be refunded.
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 25% booking fee is required for wedding cake orders (subject to a minimum of £100). For Wedding Cakes, a detailed order confirmation will be issued detailing the final balance and payment details.
It is the responsibility of the client to ensure payment is on time. Friendly reminders will be sent.
Please note all deposits are non-refundable.
The outstanding balance must be paid in full 8 weeks before delivery, no later than the date set out in the order confirmation by bank transfer to the account specified, payment by debit or credit card is preferred. Credit card payments are subject to an additional 3.0% charge. We do not accept cash.
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 Claire Arscott Cake Design.
Cancellation, postponement and alterations
In the event of a cancellation by yourselves at any time, please note the 25% deposits are non-refundable.
Any cancellation less than one calendar month prior to the wedding date, the full amount will be liable.
In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability we will carry the monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion.
You may, prior to 8 weeks before the wedding day 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 that time there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking.
In the unlikely event that we need to cancel your order any monies paid will be refunded.
Claire Arscott Cake Design 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, government advice or any other event outside the control of Claire Arscott Cake Design. Claire Arscott Cake Design shall not be liable for any breach of contract resulting from such an event.
If the wedding date is affected by Covid 19 and the governments advice is to restrict the size of the wedding or cancel the event, Claire Arscott Cake Design will not be held liable for adjusting the original agreement by both parties and the full costs will remain. Claire Arscott Cake Design will endeavour to accommodate a new wedding date if possible, however Claire Arscott Cake Design cannot guarantee changing the booking date if the date is not available.
Refunds will not be liable due to a third-party event or rule of law affecting the agreement between Claire Arscott Cake Design and the customer.
Claire Arscott Cake Design Company’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 Claire Arscott Cake Design, 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.
Claire Arscott Cake Design 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 Claire Arscott Cake Design statutory liability for death or personal injury arising from any negligence on Claire Arscott Cake Design part or liability imposed by statutory implied terms in Consumer Contracts.
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 bought to our attention with 48 hours on 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 Wedding 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. Where the complaint is in regard 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 Claire Arscott Cake Design.
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 Claire Arscott Cake Design.
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.
Terms updated 16.02.2022.