Celebration Cake Terms & Conditions

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Terms and Conditions for Celebration Cakes

1.            Definitions

       In this agreement:

• “The Assignment”              Means the project of work, goods and services set out in the proposal.
• “The Event”                          Means the Event to be supplied by Red Velvet Bakery under the Assignment.

2.     Price and Payment

• The Price for the Assignment is set out in the Quotation (“the Price”). There is no VAT. The Price includes the design and creation, baking and decorating to complete the Assignment. The Price also includes any expenses that will be incurred by Red Velvet Bakery, unless otherwise agreed in writing by the parties.
• A non-refundable Booking Fee (“the Booking Fee”) of 20% of the Price shall be paid upon entering this agreement and Red Velvet Bakery’s invoice for the Booking Fee will follow – please refer carefully to Clause 3. Your date is not secure in the diary until these cleared funds have been received
• The Price and the Booking Fee shall be the Fees of Red Velvet Bakery. Red Velvet Bakery shall invoice The Client for the Price less the Booking Fee 2 weeks before the Event and all Fees shall be paid in advance by an agreed date, in full.
• Payment will be accepted by bank transfer or Paypal. These funds must be received and cleared before The Event takes place.

3.     Cancellation of Agreement and the Booking Fee

• Once the Booking Fee has been paid, the Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
• If Red Velvet Bakery cancels the Assignment, the Fees paid at the time of cancellation will be repaid to The Client within 14 days of cancellation and no further sum or compensation will be payable to The Client by Red Velvet Bakery arising from such cancellation.
• If The Client cancels the Assignment within 14 days of entering into the contract, then the Booking Fee shall be repaid to The Client in full. NOTE: This right to cancel shall not be available to The Client if the Assignment is to create bespoke goods, when the Booking Fee shall be non- refundable in its entirety.
• If The Client cancels the Assignment more than 14 days after entering into this contract, and at least 15 days before the Event, then the Booking Fee is forfeited and will not be repayable to The Client in any circumstances.
• Additionally, if The Client cancels this Assignment within 14 days or less of the Event, then the Fees in full (less any monies paid) shall be due to Red Velvet Bakery.

4.     Design, Changes and Alterations to the Assignment

• The Client acknowledges that Red Velvet Bakery owns all rights, title and interest in and to the design created in the Assignment and that The Client has no right to use it outside the express terms of this agreement. Red Velvet Bakery grants a right to The Client to use the design, limited to all reasonable uses for the purposes of the Assignment.
• So far as any goodwill is generated by The Client’s use of the design, it shall accrue to the benefit of Red Velvet Bakery.
• Red Velvet Bakery reserves the right to use images of Red Velvet Bakery’s design and Goods created during the Assignment for marketing, promotional, competition and editorial purposes.
• Slight design changes are at Red Velvet Bakery’s discretion and are not grounds for a refund. All cake designs are subject to artistic licence and The Client acknowledges this in placing their order.
• If, for any reason, the design has to be changed more than marginally, then Red Velvet Bakery will agree this in advance with The Client. This may incur additional Fees.
• Flavour changes will only be accepted up to 21 days prior to the Event, and entirely at the sole discretion of Red Velvet Bakery and subject to availability. This may incur additional Fees.
•  If there are any complaints about the design or the appearance of the Goods, they must be expressed within 5 days of The Event. Any refunds due will only be given on return of the Goods baked and decorated by Red Velvet Bakery so that we have proof of any issues, If the Goods are not returned then no refunds will be given. Photographs will not be accepted.
• Date changes to the Event must be submitted in writing and the new date is subject to availability. If the new date cannot be accommodated by Red Velvet Bakery, this will constitute a cancellation and Clause 3 will apply.

5.     Allergies

• Red Velvet Bakery will not be held responsible for any allergies or reactions caused by the Goods. Goods can be made without certain allergens, but they are still made in a kitchen using some or all of these ingredients, and regrettably Red Velvet Bakery cannot, therefore, guarantee the absence of traces of them.
•  It is The Client’s responsibility to inform consumers of any risks.

6.     Delivery and Damage in Transit

• Unless otherwise agreed, delivery charge for The Assignment will be included. Any additional mileage will be charged at 25p per mile.
• Red Velvet Bakery cannot be held responsible for any damage to the Goods that may be caused at a wedding venue, once the Goods for the Assignment have been handed over to the Venue for The Event.
• It is the responsibility of The Client to ensure all delivery details are provided.
• It is the responsibility of The Client to ensure that there will be an individual available to take delivery of the Goods. If Red Velvet Bakery are requested to leave the Goods with another individual other than the original client contact, this is done so at the responsibility of The Client and not that of Red Velvet Bakery.
• Red Velvet Bakery accepts no responsibility of damage to the Goods once delivery has been made.

7.     Illness

• Due to the nature of our business, we must operate within Environmental Health guidelines. These state that if an employee of Red Velvet Bakery, falls ill with a sickness type virus, we are unable to complete The Assignment for Goods for a period of no less than 48 hours.
• If such an incident occurs, and Red Velvet Bakery are unable to complete The Assignment, Red Velvet Bakery will refund The Client all monies paid in full.

8.     Social Media

• All text, images and content of Red Velvet Bakery’s Facebook and Instagram pages are subject to copyright and may not be reproduced elsewhere without permission from Red Velvet Bakery.
• Red Velvet Bakery cannot be held responsible for the comments of external users posted to our linked sites, including, but not limited to, Facebook and Instagram profiles

 9.            General Conditions

• Red Velvet Bakery shall use reasonable endeavours to meet any performance date, but such dates shall be estimates only, and time is not the essence of the contract.
• Variations to the Services may only be agreed in writing by both parties.
• The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 7 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
• Red Velvet Bakery reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.
• Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with the regard to the control and processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on Our Website.
• Red Velvet Bakery will use reasonable care and skill in performing the Services.
• Red Velvet Bakery’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.
• In respect of any other direct losses (in Contract or Tort) the total liability of Red Velvet Bakery will not exceed the return of all payments received, and thus, the limit of liability shall not exceed the value of the Services provided.
• Nothing in these Terms will exclude or limit liability for death or serious injury caused by Red Velvet Bakery’s negligence
• The Services may be terminated if the payment of the Fees is not made in accordance with these Terms or if The Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing, or if The Client enters into any form of insolvency arrangement. Upon termination, The Client shall immediately pay any outstanding sums to Red Velvet Bakery.
• Red Velvet Bakery shall not be liable for any breach of contract due to force majeure.
• Nothing in these Terms is intended to create a partnership or joint venture between Red Velvet Bakery and The Client, and no party has the right to act as agent for the other or to bind the other party in any way.
• These Terms and any dispute arising from them shall be governed by the laws of England and Wales.