Terms & Conditions's | The Mad Batter

Celebration Cake Terms & Conditions

All sales made by The Mad Batter’s Baked Goods are subject to the following terms and conditions. Nothing contained within these terms and conditions affects your statutory rights as a consumer. If there is anything you don't understand please feel free to contact us on stacey@themadbatter.co.uk

Booking Process

1. For celebration cakes, the design process will be done over email or phone.
2. Ideas for the cake design can be sent to us when booking, but the final design will be subject to our own creative process as we prefer to create original designs, rather than directly copy an existing design.
3. You can call us or email us if you need to discuss any aspects of your cake before making a booking. Custom bookings have to be made by email, cakes from our ready to order range can be ordered on our website.
4. Please advise us of any allergies or specific dietary requirements when booking your cake.

Booking Fees

1. All custom celebration cake orders require a non-refundable booking fee of £50. For cake orders with less than 2 weeks notice the full cost of the cake must be paid at time of booking. Ready to order cakes from the website must be paid in full at time of ordering.
2. All booking fees must be paid within 48 hours of the booking form being sent; dates cannot be held open without the booking fee. After 48 hours, if no fee has been received then the event date will be released and another booking may be taken, which may mean we are no longer able to accommodate you.
3. All orders are only confirmed when the booking fee has been paid. Please note that all booking fees are non-refundable as they secure your date in our diary and are only transferrable in certain circumstances. See ‘Section 14’.
Payment Schedule

1. The final payment is due 14 days before your event. The due date will clearly be stated on the bottom of the booking form and a reminder will be sent a week before the final balance is due. This is then non-refundable in the event of a cancellation.
2. If the final payment is not received 14 days before your event, then we have the right to cancel your booking. The booking fee paid to secure your date is then non-refundable and non-transferable and we may no longer be able to accommodate your booking.
3. Unfortunately, we do not offer the option to pay in installments or by credit or debit card. All payments are to be made by BACS transfer.
Cake Details

1. Once the booking form has been sent, please review all the details carefully especially; cake tier sizes, flavour choices, spellings of names, allergen information, delivery time (if applicable) and contact numbers – please advise us of any changes as soon as possible.
2. The cake will be made according to the booking form and therefore it is imperative that all details are checked carefully. Any errors not picked up on the booking form before the cake is made will not be considered to be our error.
3. Any personalised decorative elements such as cake toppers, printed icing or cake charms, will be ordered as per the details on the booking form so please check all name spellings and numbers carefully.
Alterations To Orders

1. We are happy to make alterations to your cake design and order up to 4 weeks prior to your event date. Whilst every effort will be made to accommodate changes to the design, please note that changes within 4 weeks of the event cannot always be guaranteed.
2. Changes to cake designs may be subject to an additional cost. This will be discussed with you when making the changes. We reserve the right to increase a quoted price in the event you request a variation to the work agreed.
3. If you have made changes, please take the time to check the new copy of the order form which will be sent with the amendments carefully and let us know by return if any changes are needed. See section 4.
Collection Of Celebration Cakes

1. Your order may be collected at a pre-arranged time.
2. Cakes that are collected by the customer are always boxed for transportation. We will provide full instructions on the care and handling of your cake. A signature is required upon collection confirming that you have received your order in perfect condition and as specified. We do not take any responsibility for any damage that may occur to the cake once it has left us.
3. We advise cakes to be places on a level, steady surface for transport e.g., in the boot of your car. We are happy to place the cake safely in the car for you if required. The cake should then be stored in the box at room temperature and out of direct sunlight. In the summer and when advised to, the cake should be kept in the fridge until serving.
4. You must adhere to the collection time slot that has been prearranged. If you do not collect the cake when agreed, it will only be available to collect later at a time that is suitable for us. Failure to turn up for the collection at the agreed time may result in you not being able to have the cake on the day that was arranged.
5. Any changes to the pre-agreed collection time must be confirmed in writing at least 48 hours before collection and cannot be guaranteed.
Delivery Of Celebration Cakes

1. Delivery is sometimes available for celebration cakes. If delivery is agreed we will deliver your cake to your venue or home at a pre-arranged time. This time will be stated on the booking form and if delivery is to a venue, we will advise the venue in advance of our arrival time.
2. If the delivery time needs to be changed, please advise us as soon as possible but at least 48 hours in advance – depending on other orders on the day of delivery, we cannot always guarantee a change of delivery time will be possible.
3. Delivery is charged at 75p per mile for the return journey with a minimum charge of £20. Sunday or bank holiday deliveries will be subject to a surcharge.
4. The delivery charge includes setting up your cake at the venue unless fresh flowers are being added. In this case, an additional charge may apply. We prefer to add flowers ourselves rather than having your florist attach them. This is to ensure that they are added in the correct food safe manner and that the placement of them matches the original design. This will all be written on your booking form if you are having fresh flowers on your cake.
5. It is your responsibility to ensure you have given us the correct delivery information and delivery time. This will be on your cake booking form so please check it carefully.
6. It would be very rare, but on the event day we may be faced with a ‘force majeure’ e.g., severe weather conditions, public unrest, or other unexpected events that may make delivery impossible. You can be assured that we would always do our best to deliver as prearranged, but some circumstances would be out of our reasonable control. In this case, you would have to arrange to collect the cake yourself.
7. It is your responsibility to ensure you have provided us with the set-up details and location of the cake at the venue (if applicable). We cannot be held responsible for the location of the cake at the venue. Please ensure that the display location is level, stable and strong enough to hold the cake. It would be advisable that it is not directly in front of a heat source, in a sunny window/conservatory or in a location where it could be knocked easily by passing guests.
8. We reserve the right to change the location of the cake at the venue if we feel it is unsuitable and may cause damage to the cake e.g., the cake table is in front of a large glass window, and it is an extremely hot day
9. We also reserve the right not to use a cake stand provided by the venue or yourself if we feel it will not hold the weight of the cake.
10. We will photograph the cake at the venue as proof that it has been delivered and set up and left in perfect condition.

Non-Edible Elements

1. Sometimes our cakes will contain non-edible elements such as plastic dowels, flowers, or cake toppers. We will advise you of any non-edible elements that need to be removed during cutting and provide written information about this to you/the venue.
2. As we will not personally be cutting the cake, we cannot accept any responsibility for any non-edible elements not removed prior to serving. We will give you/the venue written information concerning any non-edible elements that need to be removed.
Shelf Life

1. We recommend our cakes be eaten within 3 days of the event for them to be enjoyed at their best.
2. Left over cake can be frozen if you would like to. Please contact us for instructions on how to do this best.
Allergens & Special Dietary Requirements

1. All allergies and special dietary requirements should be conveyed to The Mad Batter’s Baked Goods when ordering a cake. It is the customer’s responsibility to make us aware of any special dietary requirements that need to be accommodated in the making of the cake.
2. Unless otherwise stated, all cakes contain; gluten, butter and eggs and are made in an environment that handles; nuts, soya, and alcohol. Gluten-free, Soy free, nut-free, and dairy free cakes can sometimes be made on request; however, we cannot guarantee that these cakes will not contain trace amounts of these ingredients due to the nature of the product.
3. We would recommend anyone with a severe nut; dairy or gluten intolerance does not eat our cakes.
4. We will provide full allergen information with the cake upon collection/delivery.
5. The Mad Batter’s Baked Goods accepts no liability for customers suffering allergic reactions from eating our cakes.
Publication & Promotional Rights

1. The company, The Mad Batter’s Baked Goods is the sole designer and owner of the final cake design. All rights in any original designs created and designed by the company shall remain the exclusive property of the company.
2. From time to time our designs are published in the media e.g., wedding magazines, websites, and blogs. We reserve the right to use any image of a customer's cake made by the company for publication after the delivery date unless previously agreed in writing between the customer and the company.
3. The customer has no ownership rights over any cake design. Exclusivity of cake designs between our customers is not guaranteed unless the customer commissions an exclusive design.
Commissioning a Cake That Is Similar To Another Design

1. If you request a cake that is not our original design, we will seek the permission of the original designer to recreate it. This cannot be guaranteed.
2. If you wish to have us recreate someone else’s design, we would prefer not to directly copy it, but to use it as a basis to design your cake around so that it is unique to you.
Cancellations/Refunds

1. The booking fee is non-refundable and non-transferable in the event of cancellation.
2. Cancellations from the date of booking until 28 days before the event will forfeit the booking fee.
3. Cancellations with less than 28 days notice are subject to full payment. If this has not already been paid then the final balance will be immediately payable upon cancellation. This final payment is non-refundable in the event of cancellation.
4. There may be a rare occasion when The Mad Batter’s Baked Goods needs to cancel an order due to exceptional circumstances beyond our control*. In this case, as much notice as possible of the cancellation will be given and any monies paid, including deposits will be refunded. If required, we will also assist in finding a replacement baker of the same high standard to make your cake for you.

*This does not include a force majeure that may occur on the event day. See ‘Section 7.6’.

Change Of Event Date

1. If you need to change your booking date, please let us know as soon as possible. Any changes are subject to availability and are not guaranteed.
2. If we can change your booking date, provided it is within 3 months from the day you request the change, the booking fee will be transferred to the new date.
3. If you are moving to a date further ahead than 3 months but within 12 months from the day you request the change, a new booking fee of £50 will be payable to secure the new date. The first booking fee will also be deducted off the final cost.
4. If you are moving to a date further ahead than 12 months from the day you request the change, it will be treated as a cancellation and a new booking fee of £50 will be payable. The original booking fee will be non refundable*.
5. If you are moving your booking to a date we are unavailable for, unfortunately the booking fee will be non-refundable* as this covers work already completed (this may include but is not limited to: phone calls, emails, completing and sending forms, and it is also highly likely that we will have turned down other work for your original date).

*If we are subsequently able to fill the original date with a new booking, we will refund the first booking fee or deduct it off the final balance of your cake.

Complaints
1. In the unlikely event there is an issue with your cake, it must be brought to our attention within 48 hours of the cake being delivered so we can be given the opportunity to assess the nature of the problem. We would take any complaints very seriously.
2. If the compliant is regarding the quality of the cake, we may ask for the cake or the remainder of the cake to be returned to use within 48 hours of delivery for inspection.
3. If the complaint is regarding the design of the cake, but the cake was made according to the booking form which has been checked and approved, we cannot be held responsible for any errors not picked up by the customer.
4. For any complaints we can only deal with the person who booked the cake originally.
5. You must give us an opportunity to resolve the issue and agree not to post any defamatory comments or pictures on online forums or social media channels before discussing the situation with us and allowing us reasonable time to provide a satisfactory solution.
6. Once a solution has been reached, you agree not to post any defamatory comments or pictures on online forums or social media at any point in the future. If this happens, we may seek to take legal action against you.
COVID 19 Restrictions
1. If your cake booking has to be amended due to COVID 19 restrictions, we will try our best to be accommodating and flexible.
2. If you need to postpone your booking because your event date falls under a period of Government restrictions for COVID 19, e.g., a national lockdown or Tier 3 / Tier 4 restrictions then as long as we are free on your new date, we will move the deposit paid across to the new date for you subject to the conditions below.
3. If we can change your event date, provided it is within 6 months from the day you request the date change, the booking fee will be transferred to the new date.
4. If we are not able to accommodate your date change request, the original booking fee will be refunded. This is only when the event can no longer go ahead because of COVID restrictions.
5. If you are moving to a date further ahead than 6 months from the day you request the date change, a new booking fee of £50 will be payable on top of the original booking fee but both booking fees will come off the final cost.
6. If you decide to cancel your event as you are worried about future COVID 19 restrictions, but restrictions are not currently in place for your event date, it will be treated as a standard cancellation. See Section 13.
7. Any subsequent voluntary cancellation will be subject to the payment terms outlined in Section 3 ‘

We reserve the right to revise and amend these terms and conditions. However, you will only subject to the terms and conditions in force at the time you place your order with us. If you change your wedding date for any reason, you will be sent the most up to date terms and conditions with your new booking form and these will supersede any previously sent to you

Bakes and online orders

These terms form the basis of the contract between our customer and The Mad Batter’s Baked Goods. 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 or descriptions we issue, and any descriptions or illustrations contained on our website and social media are issued solely to provide you with an approximate idea of the cakes and bakes. They describe and remain the property of The Mad Batter’s Baked Goods.

Bakes

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 bakes 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 are correct and meet their exact requirements.

The warranty does not apply to any defect in the bakes 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.

Our cakes and bakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. We cannot guarantee that any cake is entirely nut free although we make every effort to ensure that allergies are accommodated.

We cannot guarantee an exact replica of any cake or bake, but we will do our best to make it so. Exact colour matches are not guaranteed.

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.

The cakes and bakes are a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Cakes and bakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided.

Delivery and Collection

All orders may be collected free of charge from The Mad Batter’s Baked Goods by prior arrangement. We accept no responsibility for any damage sustained to your order once it has left the premises. The Mad Batter’s Baked Goods will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence.

The Mad Batter’s Baked Goods’ 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 The Mad Batter’s Baked Goods, 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.

The Mad Batter’s Baked Goods 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 The Mad Batter’s Baked Goods’ statutory liability for death or personal injury arising from any negligence on The Mad Batter’s Baked Goods’ part or liability imposed by statutory implied terms in Consumer Contracts.

All designs and intellectual property rights remain the property of The Mad Batter’s Baked Goods

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 The Mad Batter’s Baked Goods for your own benefit.

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.

Complaints

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 brought to our attention within 48 hours of 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. Where the complaint is in regard to the quality of the cake or bake the remainder of the cake/tier or bake, 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.