Terms & Conditions.
Terms and Conditions of Trading
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The Terms and Conditions of Trading form the basis of the contract between you, the customer, and Emma Atelier Cakes. These terms, your order, and your Order Confirmation are considered by Emma Atelier Cakes to set out the whole agreement between you and me for the sale of my cakes. It is your responsibility to check all details in the Order Confirmation are final and accurate as this is the document I will work from when producing your cake.
Basis of Sale
Any samples, drawings, or descriptions I issue, and any descriptions or illustrations contained on my website and social media are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of Emma Atelier Cakes.
Emma Atelier Cakes requests at least 3 weeks advance notice for all orders, however, will endeavour to accept short notice cakes where availability permits.
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. Cakes are approximately 5 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 deposit. Once your deposit has been received, you are in a legally binding contract with Emma Atelier Cakes.
The Cakes
Emma Atelier Cakes warrant that on delivery or collection the cake you have ordered shall conform to its 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. Emma Atelier Cakes 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. 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 I do not recommend, your failure to follow my instructions or any alterations you carry out.
The cakes are made in an environment where nuts, egg, milk, gluten, and other allergens are present. Therefore, Emma Atelier Cakes are unsuitable for people with food intolerances and allergies, despite the fact every care is given to avoid cross contamination. It is the responsibility of the customer to inform Emma Atelier Cakes prior to the confirmation of their booking of any allergy issues. It is the responsibility of the customer to inform their guests of all allergy information and accordingly Emma Atelier Cakes will not be held liable for any allergic reaction resulting from consumption of the cake.
I cannot guarantee an exact replica of any cake I have previously designed/created, but I will do my best to make it so. Where colour swatches are provided, I will do my best to match as close as I deem possible. Exact colour matches are not guaranteed.
If you have requested that your cake be decorated with fresh flowers, it is strongly recommended that you use a florist who has experience providing flowers suitable for cakes or, alternatively, Emma Atelier Cakes can source fresh organic/edible flowers from a reputable farm. I will arrange the flowers on the cake. It is very important to be aware of the fact many flowers are unsuitable for cakes due to toxicity and standard flowers, e.g. those purchased from a supermarket or general florist flowers, are usually sprayed with inedible pesticides. Ask your florist for details regarding toxicity and pesticide free flowers. Emma Atelier Cakes cannot be liable for any contamination of the food products that may arise from their misuse. I recommend that your florist liaise directly with me to confirm details about the size of the cake being dressed to avoid any miscommunication.
From time to time, certain materials for the cakes may become unavailable. This is totally out of my control; however, I will do my best to select replacement products to reflect the original design as closely as possible. Emma Atelier Cakes reserves the right to replace items with alternative parts of equal or better quality without consultation.
If your cake contains flowers made from flower paste, whilst some parts are edible, Emma Atelier Cakes do not advise that they be eaten, due to the likely presence of wires for reinforcement. All of the sugar flowers are handmade, and therefore, whilst I will try to capture the true characteristics of the flower(s), I cannot guarantee a complete likeness. Emma Atelier Cakes will sometimes use posy picks for safe insertion of sugar flowers into the cake and I agreed to inform you if your cake does contain posy picks; posy picks should be removed before cake consumption.
Stacked cakes contain dowels in each tier to provide support and these should be removed before cake consumption.
The cakes are a fresh product containing no additives or preservatives and it is Emma Atelier Cakes’ right to assume consumption on the day requested. Fondant 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. Buttercream cakes should be kept in the fridge where possible, especially on a hot day.
Emma Atelier Cakes and the customer expressly agree that the cakes and all goods purchased from Emma Atelier Cakes remain the property of Emma Atelier Cakes until paid for in full.
Delivery and Collection
Celebration (non wedding) cakes and celebration baked confectionary orders are to be collected free of charge from Emma Atelier Cakes premises by prior arrangement. I accept no responsibility for any damage sustained to the cake once it has left the premises.
If a third party will be collecting the cake on the customer’s behalf, a release form may be required to be signed by that person, stating the cake is received in good condition at the time of collection.
For wedding cakes and favours, Emma Atelier Cakes shall deliver the cake on the day set out in the order confirmation to the wedding venue address provided; specific delivery times are not possible. A FROM £45 fee (fee increases if set up is complex, e.g. cake very large or if many flowers are used) is payable for the secure Wedding Cake Delivery and Set up service plus mileage at 65p per mile from my home to the venue. Emma Atelier Cakes is currently only able to cover an area of a 50 mile radius. If the venue delivery address changes after the order is 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. When setting up the wedding cake, I 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 I 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, Emma Atelier Cakes is unable to accept any liability for any damage sustained to the cake thereafter, nor any failure to follow the instructions provided.
If the wedding cake is delivered with a cake stand, a security deposit totalling the cost of the stand will be payable with the final balance. The stand must be returned to me in a good, clean condition within 5 days of the wedding. Upon the return of the stand, the deposit will be refunded. Upon the return of the stand, the deposit will be refunded. This will be refunded via bank transfer within 5 working days. Should the stand be returned broken or damaged, the cost of the replacement stand will be deducted from the security deposit. Cake stand hire is £15 for 5 days.
Price, Deposit and Payment
The price of your cake will be as set out in your order confirmation. A £100 deposit is required for wedding cake orders and a 50% deposit for all other cakes. 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 customer to ensure payment is on time. Deposits should generally be paid within 7 days of receipt of the Order Confirmation Form and are non refundable. The full balance is due within 5 days of collection for celebration cakes and within 1 month for wedding cakes, unless otherwise stated on the Order Confirmation. 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, cash or cheque. Late payments will incur a £25 charge. If payment is not received by the date specified, this shall be constituted as a breach of contract by the customer and Emma Atelier cakes reserves the right to not proceed with the order. When payment is late, Emma Atelier Cakes accepts no responsibility should it 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 Emma Atelier Cakes. No booking is secure until the deposit is paid, so you may wish to pay the booking fee deposit prior to your consultation, for added security.
If you decide to place an order with Emma Atelier Cakes, we will take payment of a deposit as also your acceptance of our Terms and Conditions and Privacy Policy.
Cancellation, postponement, and alterations
In the event of a cancellation by yourselves, charges are as follows:
Wedding cakes:
More than sixty (60) days prior to the date, you will receive a refund, less your initial deposit and the costs of any supplies already purchased for your cake.
Sixty (60) days to one calendar month prior to the date, you will receive 50% of your remaining balance.
Less than one (1) calendar month prior to the date, there will be no refunds given.
Celebration cakes:
More than one (1) month in advance of your event date, you will receive a refund, less your initial deposit and the cost of any supplies already purchased for your cake.
One (1) month to one (1) week prior to your event, you will receive 50% of your remaining balance.
Less than seven (7) days prior to your event, there will be no refunds given.
Refunds will be paid within 14 days of cancellation.
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 month prior to the wedding, the outstanding balance remains payable on the original due date. Subject to availability, Emma Atelier Cakes will carry any monies paid forward to the new wedding date. Please be aware that I 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, dependant on the duration of the postponement.
You may, prior to 60 days before the wedding day, or 7 days for celebration cakes, amend your order by providing 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 may be no reduction in the price you pay if your new design is cheaper than the original booking.
Emma Atelier 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, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Emma Atelier Cakes, and Emma Atelier Cakes shall not be liable for any breach of contract resulting from such an event. In this situation I will provide you with written notice and any deposit paid is non-refundable and I refer to our cancellation policy. As such I advise you to purchase wedding insurance.
Emma Atelier Cakes’ 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 Emma Atelier Cakes, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim.
Where Emma Atelier Cakes cancels the booking due to illness or any other unforeseen circumstance that affects the ability to deliver the ordered product, the deposit will be refunded within seven (7) days of notification to the customer. Where possible, Emma Atelier Cakes shall seek to find a baker of a similar skill level who is able to complete your order, should you wish, although such sourcing cannot be guaranteed.
Complaints
Complaints are very rare and due to the amount of work put into each individual cake, Emma Atelier Cakes takes them very seriously. Any issues must be brought to my attention within 48 hours of collection or delivery to give a 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 Emma Atelier Cakes the opportunity to correct them. Wedding cake clients will be sent a detailed description or sketch of their wedding cake prior to the wedding. It is the customer’s responsibility to check that this meets their requirements and raise any issues with Emma Atelier Cakes if there are any discrepancies.
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 me as soon as possible after cutting and within 48 hours of collection/delivery to ensure that I am able to fairly assess the nature of the complaint. Please note, I can only deal with the customer who placed the original order.
General Terms
All designs and intellectual property rights remain the property of Emma Atelier Cakes.
Emma Atelier Cakes reserves 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 Emma Atelier Cakes for your own benefit.
This Agreement together with Order Confirmation documents provided constitutes 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.
**Important notice**
COVID-19 postponements and cancellation policy - **This applies to orders until further notice
Due to the continued uncertainty at this time because of Covid-19, Emma Atelier Cakes has put in place a special postponements and cancellation policy to allow you to feel comfortable in booking your luxury bespoke cake. I would like to be as flexible as is possible and sensitive to the fact covid-19 could affect your plans in the future. If you have any further questions about this policy or particular worries, please do not hesitate to contact me via the contact page on this website.
Postponements
If the government imposes stricter restrictions again and I am consequently no longer able to fulfil your order, I am more than happy to postpone until a later date of your choosing or carry the amount paid over to a different order for later date. This is subject to availability and the standard notice period of booking lead times. Should I be unable to complete your order for the new date for any reason, you can expect to receive a refund in full.
Cancellations
If a period of lockdown/restrictions is extended by the government and your new order request is unable to be fulfilled as a result, you are able to cancel rather than postpone again. Emma Atelier Cakes will refund you in full, less a £7.50 administration fee.
Postponements and Cancellations due to self isolation
If you are in a period of self isolation or ill due to Coronavirus when your cake is required, I am able to either postpone or refund in full (subject to 5 days notice given), whichever is your preferred option. If your order has been started, as a gesture of goodwill, I can give a partial refund to reflect the ingredients and overhead costs only. If I am in the same situation i.e. in a period of self isolation and cannot fulfill your order, again I am happy to postpone or refund in full.
Contactless collection system
On arrival, please call me on my mobile 07977781212 and confirm you are here to collect your cake. Please allow me time to get to the door – I will be as quick as is possible!
I will unlock the front door and secure it open, before standing back. You cake will be in a cake box on a table just inside the front door. The cake box will be open, so that you are able to view your cake and inspect it. If you are happy with your cake, please take it in it’s box from the table just inside the door.
Re-read your cake storage information email. Should you not have received this, please let me know!
Enjoy your Emma Atelier luxury cake!