Hand Crafted Cupcakes: Terms and Conditions
All sales made by Laura Abraham trading as Hand Crafted Cupcakes are subject to the following terms and conditions. For orders received after 20 Nov 2022, updated terms and conditions apply, please see www.hand-crafted-cupcakes.co.uk/terms-v3
For orders received prior to 20 Nov 2022, the following terms apply:
Hand Crafted Cupcakes trades from a dedicated Cake Kitchen at 38 Market Street, Ely, Cambridgeshire. CB7 4LS. United Kingdom.
Nothing contained within these terms and conditions affects your statutory rights as a consumer.
The price for the order shall be stated in the confirmation e-mail sent to you/Order Form given to you by Hand Crafted Cupcakes.
Placing an Order
To place an Order the Customer must give a Deposit to Hand Crafted Cupcakes.
The Order is only deemed as accepted and confirmed once Hand Crafted Cupcakes confirms in writing by e-mail, or in writing on a paper Order Form, to the Customer with the details of the order, the agreed price, the agreed collection/delivery date and that the deposit has been received.
Placing an Order and paying a deposit is agreement from the Customer to accept the terms and conditions of business as stated in this document and found on the Hand Crafted Cupcakes website www.hand-crafted-cupcakes.co.uk/terms
All Orders require a non–refundable deposit of 10% of the agreed price with a minimum deposit of £10.00.
For cake orders where the price is greater than £100, a non-refundable deposit of 25% is required.
Please note that all deposits are non–refundable and non–transferable.
Customers may make payments by:
Card payments will only be accepted for standard products offered on our online shop.
Where Final Payment is by BACS, Final Payments must be made at least 10 working days prior to delivery/collection. For cash payments, Final Payment must be paid in cash, in full at time of delivery/collection. Hand Crafted Cupcakes reserve the right to ask for full payment in advance.
In the event of non–payment, the order will not be completed or released, until payment is made in full.
Subsequent completion of the order will be subject to availability and cannot be guaranteed.
Hand Crafted Cupcakes accepts no responsibility for any loss (howsoever caused) or non – delivery under these circumstances.
The customer will be responsible for the payment of any additional charges which have been incurred as a result of payment failure.
Alterations to Orders
Your cake is very important to us. Please take the time to check your copy of the order form carefully and let us know within three days if changes are needed. It is your responsibility to advise Hand Crafted Cupcakes of any alterations to the original order.
Hand Crafted Cupcakes reserves the right to increase a quoted price in the event that the Customer requests a variation to the work agreed. Whilst every effort will be made to assist Customers, please note that late changes cannot always be guaranteed.
Right of substitution of materials/design details
From time to time some materials and ingredients for our cakes may become obsolete or no longer available from our suppliers. This is totally out of our control, though we will endeavour to re-design a cake to reflect as closely as possible the original design using replacement products. In all cases we will try to contact you to advise you of any such changes. However, Hand Crafted Cupcakes, reserves the right to replace these with components of equal or better quality without consultation.
Creating a cake is an artistic process. Sometimes when decorating your cake, Hand Crafted Cupcakes will determine that minor alterations to the look, colours, or location of decorations of the cake will improve the look. Similarly it may be deemed appropriate to add or remove minor decorations to improve the overall effect of the cake. Hand Crafted Cupcakes may make these modifications to the design without informing you, so long as they do not make a material difference to the look of the cake. If there will be any change to the price of the cake, Hand Crafted Cupcakes will ask your permission before making any such changes to the design.
You will be allocated a collection time and date. Please endeavour to collect your cake within 30 minutes of the agreed collection time because we want to give you a personal service and not to clash with other customer collections. We cannot guarantee to be available at different collection times. If you cannot make the agreed collection time, please let us know as soon as possible.
Once collected, the cake is your responsibility. Hand Crafted Cupcakes will have made best efforts to ensure all decorations are secured to cope with travel, however Hand Crafted Cupcakes cannot be held responsible for any damage that may occur to your cake in transit once you have collected the cake.
In some circumstances, Hand Crafted Cupcakes may agree to deliver your cake to an agreed location. If this has been agreed and confirmed by Hand Crafted Cupcakes this will be chargeable at £1 per mile for the round trip, unless otherwise agreed. All delivery times are subject to availability. If you have a specific delivery date and require delivery before a given time, please specify this when placing your order. We will make best efforts to accommodate your requirements. It is the Customer’s responsibility to ensure Hand Crafted Cupcakes has been given the correct delivery information, and that someone is available to receive your cake.
If the recipient is not in, the order will be returned to Hand Crafted Cupcakes who will contact you to arrange an alternative delivery time for which an additional charge will be payable by the customer. Hand Crafted Cupcakes accepts no responsibility for any loss or consequential loss incurred by the Customer as a result, e.g. a wedding without a wedding cake.
If Hand Crafted Cupcakes have agreed to set up your cake, we will want to ensure it is displayed at its best. It is your responsibility to ensure that you have provided us with the set-up details and arrangements made with the venue for the location and display of your cake. Hand Crafted Cupcakes cannot be held responsible for the location of the cake at the venue. Please ensure, therefore, that the cake location is level, stable and strong enough to hold the cake.
Please also remember that butter-cream or chocolate-covered cakes can melt in warm conditions such as inside a marquee on a hot summer’s day, or when set up in direct sunlight. Once the cake has been collected or delivered, set up and signed for, Hand Crafted Cupcakes is unable to accept liability for any interference with or damage to the cake thereafter.
If the cake is to be delivered and set up by Hand Crafted Cupcakes, a signature will be required from your 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 by us to verify that the cake has been set up and left in good condition.
Cancellations by Customer
As your cake is reserved solely for you and certain components for your cake/s may be created several weeks in advance, the following conditions apply when an order is cancelled:
If Customer cancels 10 days or less before the delivery date – full payment is due.
For cakes priced at more than £100, if Customer cancels less than 21 days before the delivery date, and more than 10 days before the delivery date, 50% of the full price is due.
If Customers cancels giving more than the above notice periods, Hand Crafted Cupcakes will refund any monies paid, less the deposit.
Cancellations by Hand Crafted Cupcakes
Laura Abraham t/a Hand Crafted Cupcakes is a one-person business. Therefore if Laura is affected by illness or other reasons beyond her control, or if the cake kitchen is unusable for any reason to comply with Hygiene regulations, Hand Crafted Cupcakes may not be able to complete your cake, and therefore may have to cancel the Order. In such cases Hand Crafted Cupcakes will give you as much notice as possible of cancellation, or make best efforts to find an alternate solution. But by virtue of the likely causes, this cancellation may be very short notice. If your Order is cancelled by Hand Crafted Cupcakes, any moneys paid, including deposit, will be repaid in full. Hand Crafted Cupcakes will not be liable for any consequential loss or other lose, arising from the cancellation.
Unless specified otherwise, all cakes will contact the following allergens: Milk, butter, eggs and gluten. Please be aware that whilst your chosen cake may not be made with nuts or a nut product, egg, dairy wheat or gluten, it will be prepared in a kitchen where eggs, diary, wheat and gluten are heavily used. Hand Crafted Cupcakes endeavours to operate a nut free kitchen. Whilst every effort is made to separate raw materials Hand Crafted Cupcakes must state that raw materials used in your cake may not be free from nuts, eggs dairy, wheat or gluten.
The following provisions set out the entire financial liability of Hand Crafted Cupcakes (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Customer in respect of: (a) any breach of the Contract; (b) any use made by Customer of any Cakes or other deliverables; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
Hand Crafted Cupcakes shall not be liable, whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation or otherwise for: (a) loss of profits; (b) loss of business; (c) depletion of goodwill or similar losses; (d) loss of anticipated savings; (e) loss of goods; (f) loss of contract; (g) loss of use; (h) loss or corruption of data or information; (i) any special, indirect or consequential loss or damage.
Hand Crafted Cupcakes total aggregate liability under all Contracts, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to the total Charges paid by Customer to Hand Crafted Cupcakes under the Contracts during the 12 months prior to the event giving rise to liability, less any sums already paid by Hand Crafted Cupcakes to Customer in settlement of any earlier liability.
Nothing in these Conditions limits or excludes Hand Crafted Cupcakes’ liability: (a) for death or personal injury caused by Hand Crafted Cupcakes’ negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any other liability that cannot lawfully be excluded or limited.
The Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.
If any provision of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.