Terms and Conditions of Sale

 

All sales made by Sparkles and Swirls are subject to the following terms and conditions. Nothing contained within these terms and conditions affects your statutory rights as a consumer.

Sparkles and Swirls is henceforth referred to as “S&S”, “us” or “we”.

Clients will be referred to as “clients” or “you”, and can refer to one or both parties (for a wedding) in a booking.

These terms and conditions form part of your contract with us, alongside your order confirmation.

Payment of your booking fee constitutes acceptance of these terms.

1. Acceptance of orders

1.1 You are responsible for providing a valid and accurate email address and telephone number so we can contact you about your order. You are responsible for informing us of changes to these.

1.2 Quotations are valid for a period of 14 calendar days from the day of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Suggested portions per cake are purely a guide and will be determined by how the cake is cut.

1.3 You agree to secure your booking with a non-refundable and non-transferable booking fee. Orders are not deemed confirmed and dates are not reserved in our diary until this payment is received.

1.4 The booking fee is taken to cover initial work undertaken on the design and administration of your cake. It also holds your date in our diary, and – in the case of weddings – ensures no further bookings are taken for your date. By turning down or not advertising for further work, a cancellation by you will likely mean a loss in profit from alternative orders for me.

2. Price and Payments

2.1 You agree to pay the full price, as stated on your order confirmation or invoice, to S&S after checking and agreeing the details.

2.2 Your order confirmation/invoice will detail payments required and deadlines for payment.

2.2.1 For wedding cakes, a booking fee of £150 will secure your date in the diary. Your booking, and the delivery date, is not secured until the deposit has been received by us.

2.2.2 Final payment for wedding orders must be made at least one calendar month prior to delivery or as stated on the order confirmation. This allows for preparatory work to being and supplies to be ordered. It is your responsibility at this point to double check all details are as required; payment of our final invoice is deemed confirmation of these details.

2.2.3 For all other cakes, a booking fee of £40 will secure your date in the diary. Your booking, and the delivery date, is not secured until the deposit has been received by us.

2.2.4 Final payment for these orders must be made at least two weeks prior to delivery or as stated on the order confirmation.

2.3 Late bookings (less than 28 days prior to delivery date) will require full payment in order for us to accept the order.

2.4 Payment may be made by direct bank/building society transfer. Details will be sent with your order confirmation/invoice. Card payments can also be made in person; you will need to book an appointment to make payment in this way.

3. Non-Payment

3.1 In the event that a payment is declined, the order will not be accepted or completed until alternative funding arrangements have been agreed and payment made as per your invoice. S&S accepts no responsibility for any loss caused or for non-delivery under these circumstances. You are responsible for any additional charges incurred as a result of payment failure.

3.2 Failure to complete payment of the final balance by the due date on your invoice will result in the cancellation of your order. The booking fee will not be refunded or transferred.

4. Delivery

4.1 We offer a local delivery service; delivery charges will apply depending on distance from Shirley. We aim to make deliveries of celebration cakes between 9am and 11am, with exact times subject to availability. Should delivery be required by a given time, this must be specified when the order is placed.

4.2 It is your responsibility to ensure a correct delivery address is given, and that someone is available to receive the order. Orders must be checked upon receipt, and taking receipt of cakes will constitute acceptance of them. We are unable to accept liability for any interference or damage thereafter.

4.3 If a recipient is not in, the order will be returned to us who will contact you to arrange alternative delivery for which an additional charge will be payable. S&S accepts no responsibility for any loss or consequential loss incurred by you as a result e.g. a wedding without a wedding cake.

5. Wedding cake delivery and set up

5.1 For wedding cakes, are pleased to offer a set up service alongside delivery to ensure your cake is displayed at its best. We are unable to allow collection of wedding cakes due to the often complicated nature involved in setting up the cakes.

5.2 It is your responsibility to ensure we have set-up details, and arrangements have been made with the venue for the location and display of your cake. We cannot be held responsible for the location of the cake at the venue. You should ensure that the display location is level, stable and strong enough to hold the order, and not too close to sources of heat (e.g. direct sunlight through a window, or a marquee on a hot summer’s day).

5.3 When setting up the cake and attaching externally purchased flowers or decorations, we reserve the right to leave any of these items off, or arrange them differently, if there is any doubt about safety, security or stability of the items or the cake.

5.4 When your order is delivered and set up by S&S at a venue (e.g. wedding venue), a signature will be required from the venue management confirming the cake has been received and set up in good condition. A photograph of the cake will be taken prior to departure to verify the order has been set up and left in good condition.

5.5 Once the order has been delivered, set up and signed for, we are unable to accept any liability for any interference with or damage to the order thereafter.

6. Collection

6.1 S&S is a home based business. You may therefore arrange to collect an order only at a mutually acceptable time. Orders must be checked before accepting them as we are unable to accept liability for any interference or damage thereafter.

6.2 You must make space in the boot of a car or passenger footwell to ensure the cake is transported properly. We will place the cake into your vehicle to ensure it is stable. We will accept no liability for damage sustained once it has left our premises.

6.3 Late collections will be charged at £10 per half hour, to be paid by bank transfer or card before the cake is released to you. If you do not collect at your agreed time, it may be necessary to rearrange a new time later in the day if we are unavailable.

7. Your cake(s)

7.1 Should you have any swatches of ribbon or material, this can be helpful to S&Ss in creating the colour theme of your choice. Please note that due to the fact that we are working with many different materials, an exact match cannot be guaranteed, which also applies to food colourings.

7.2 On delivery or collection your cake(s) 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. It is your responsibility to ensure all details within the order confirmation (and sketch, if supplied) are correct and meet their requirements.

7.3 A list of non-edibles (such as supporting dowels, floral wire etc) will be provided to you or your venue upon delivery. It is your responsibility to ensure these are not served to your guests.

7.4 Your 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, away from direct sunlight and sources of heat in the box provided. Fondant covered cakes should not be kept in the fridge, unless we instruct you to do so (for example during heatwaves). Buttercream cakes do not need to be refrigerated, but can be.

7.5 The warranty does not apply to any defect in the Cakes arising from wilful damage, accident, negligence by you or any third party, or if you use the cake in a way we do not recommend, your failure to follow our instructions or any alterations you carry out.

8. Fresh flowers

8.1 If fresh flowers are to be provided by your florist to decorate your cake, the responsibility of the flowers safety, quality, freshness and colour will rest with the florist and not with S&S. It is your responsibility to community with our florist to ensure they are not providing toxic flowers to S&S.

8.2 It is your responsibility to pass the contact details of your florist to S&S to ensure we can coordinate a delivery time that allows us to place flowers onto your cake.

8.3 If the florist, or any other supplier, adds anything to the cake after we have left it set up, responsibility for any resulting damage or harm will not rest with S&S.

9. Alterations to orders

9.1 S&S understands that sometimes situations occur which can result in you wanting to make changes to your order. Please contact us as soon as you are aware you want to make changes to ensure they can be implemented. Changes may occur additional costs in line with additional work required for administration as well as additional materials and time required for design changes. A full quote will be given for proposed alterations before they are agreed on.

9.2 A reduction in the value of the order of 25% or more, or below a total value of £300 will be considered a cancellation by you, unless otherwise agreed in writing by S&S. Workload is considered when other orders are taken or turned away, and therefore large reductions in an order size would have a detrimental effect on the income of the business.

10. Cancellations

10.1 You have the right to cancel the contract at any time up to one calendar month before the date your order is due for delivery. Cancellations must be made in writing.

10.2 As your order is designed entirely on individual requirements, certain components for the order may be ordered or made months in advance. If you cancel, your booking fee is non-refundable and non-transferable. Any and all expenses already incurred on behalf of the finished product above this value will be invoiced. If your order is cancelled within one month (for weddings)/two weeks (for other orders) of your booking, the remaining balance will be due to be paid to S&S; it is unlikely at this point we would be able to secure another order for the same day, resulting in loss of profit for S&S.

10.2.1 If ingredients/supplies specific to this order have not yet been purchased, or they can be used for another order, the cost of these will be deducted from the final balance.

10.2.2 If a delivery charge has been paid as part of the final balance, or in addition to your non-refundable booking fee, this will be refunded to you by S&S. However, if further funds are due, this payment will be offset against what is owed to S&S.

10.3 In the unlikely event that we have to cancel your order for any reason, then we will give you as much notice as possible, and discuss the matter with you and try to agree a suitable alternative. If you do not accept our suggested alternative, we will refund the full price to you. S&S’s liability will be limited to the full cost of purchase and we will not accept responsibility for any consequential loss.

10.4 In the case of weddings, you are strongly advised to take out adequate wedding insurance to cover you in the event of cancellations.

11. Postponements

11.1 For the avoidance of all doubt, if your wedding or event is postponed this will be treated as a cancellation. S&Ss will be happy to discuss the possibility of rebooking for a new date should this be possible, and if so, a new contract would be issued.

12. Allergies

12.1 S&S is a home based business and is NOT an allergy-free kitchen. We recognise the seriousness of food allergies and we recommend that you contact us before placing an order to inform us of any food allergies that you or your party may have. It is your responsibility to inform S&S of any special requirements. S&S will not assume any liability for adverse reactions to our products. Allergy information is provided with all cake orders.

12.2 The following ingredients are used in our kitchen during baking:

  • Cereals containing gluten
  • Eggs
  • Milk
  • Peanuts
  • Nuts
  • Sulphites (from dried fruit)

12.3 As S&S is a home based kitchen, celery, crustaceans, fish, mustard, sesame, molluscs and soya may also be present, although all efforts are made to minimise this risk.

12.4 Please note that some food colouring may have an adverse effect on behaviour in children.

13. Cake stand hire

13.1 S&S requires a refundable deposit for the hire of cake stands in addition to the agreed hire fee. The hire deposit will normally be £75 per item, but may be higher for larger stands, and this will be discussed with you at the time you place your order.

13.2 The hire deposit will be refunded in full when the stand(s) is returned in the condition it was hired out, and within the stipulated time period.

13.3 If any stand is lost, returned damage, or retuned late by you, S&S will retain the deposit to cover the cost of replacing it.

13.4 For the avoidance of doubt, you will become responsible for any hired stand once it has been delivered to the agreed address.

14. Images

14.1 Photographs of your cake will be taken by us and used for marketing and social media purposes. These images remain the property of S&S.

14.2 Should you kindly share your own images with us, we will ask your permission before sharing these further, as well as gain consent from your photographer to share any professional photographs.

15. Damages or complaints

15.1 Complaints are very rare and due to the amount of work put into each individual order, we take them very seriously. Any issues must be brought to our attention as outlined below to give a fair opportunity to assess the nature of the complaint.

15.2 Complaints regarding the decoration of cakes can often be easily rectified so errors of this nature must be pointed out upon delivery or collection to give us the opportunity to correct them. It is the client’s responsibility to ensure any descriptions or sketches of the cake(s) meet with their requirements and raise issues if there are discrepancies at the time of ordering.

15.3 Complaints regarding the quality of cake or integrity of structure may require investigation. You must inform us within 24 hours of receiving the cake, as well as return the cake within the same time period. Any cut surfaces of cake must be wrapped and the cake(s) returned in the box(es) provided to ensure we can fairly assess the problem. Decisions are made on a case by case basis, but no refund would be offered where less than 75% of the original order is returned.

15.4 Both parties agree to not post any negative information about the other arising out of this contract 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.

15.5 If a refund is deemed appropriate, this will be the value of the affected tier(s). In any event, S&S’s liability will be limited to the full cost of purchase and we will not accept responsibility for any consequential loss.

15.6 We can only deal with the client who placed the original order.