Terms & Conditions
Erzulie Cakes (Previously known as Meadowsweet Cakes)
The person (or persons) who have received the proposal (where there is more than one person, they shall be jointly and severally liable).
In this agreement:
“Assignment”means the project of work, goods and services set out in our proposal.
“Deposit” means the sum paid by the Client at the commencement of the Assignment to secure the date of the delivery of the Services and/or the production of the Goods and to allow us to commence work under the Assignment.
“Event” means the event to be supplied by the Baker under the Assignment.
“Fees” means money paid, or owed to the Baker, by the Client for the Goods and Services.
“Goods” means the goods supplied by us under the Assignment.
“Price” means the price for the Assignment is set out in our proposal.
“Services” means the services provided by us under the Assignment.
“Terms” means these Terms and Conditions.
These terms form the basis of the contract between the Client and the Baker. 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.
- Price and Payment
2.1. Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms including the Price. Any invoices rendered from time to time are payable within 7 days and payment is not deemed to have been made unless it has been made in full.
2.2. The Price includes the design and creation, baking and decorating to complete the Assignment. There is no VAT.
2.3. The Price also includes any expenses that will be incurred by the Baker, unless otherwise agreed in writing by the parties.
2.4. A non-refundable Deposit of 35% of the Price shall be paid upon entering this agreement and the Baker’s invoice for the Deposit will follow as referred to in clause 3.
2.5. The Price and the Deposit (and any expenses) shall be the Fees of the Baker. The Baker shall invoice the Client for the Price less the Deposit in two instalments, one invoice payable two months before the event, and one final invoice payable 21 days before the Event and all Fees shall be paid in advance (and at the latest 14 days before the Event) in full.
2.6. If payment is not made in accordance with the above clauses, the Baker reserves the right to charge an administration fee of £50 to late payments. If payment is not received by the date specified this shall be constituted as breach of contract by the client. We reserve the right to hold the order until payment is made in full. When payment is late we accept no responsibility should we be unable to purchase the required stock or equipment to make the cake as laid out in the agreed design. In these circumstances the cake will be made as close to the original design as possible with no redress or liability on the Baker.
- Cancellation of Agreement and the Deposit
3.1. Once the Deposit 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.
3.2. If the Baker 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 the Baker arising from such cancellation.
3.3. If the Client cancels the Assignment within 14 days of entering into the contract, then the Deposit shall be repaid to the Client in full. This right to cancel shall not be available to the Client if the Assignment is to create bespoke Goods, when the Deposit shall be non-refundable in its entirety.
3.4. If the Client cancels the Assignment more than 14 days after entering into this contract, and at least two months before the Event, then the Deposit is forfeited and will not be repayable to the Client in any circumstances.
3.5. Additionally, if the Client cancels this Assignment within two months and at least less than 21 days of the Event, then the Deposit plus half the remaining Fees shall be due to the Baker.
- Design, Changes and Alterations to the Assignment
4.1. The Client acknowledges that the Baker owns all right, 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. The Baker grants a right to the Client to use the design, limited to all reasonable non-commercial uses for the purposes of the Assignment.
4.2. So far as any goodwill is generated by the Client’s use of the design, it shall accrue to the benefit of the Baker.
4.3. The Baker reserves the right to use images of the Baker’s design and Goods created during the Assignment for marketing, promotional, competition and editorial purposes.
4.4. Slight design changes are at the Baker’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.
4.5. If, for any reason, the design has to be changed more than marginally, then the Baker will agree this in advance with the Client in writing. This will incur additional Fees.
4.6. Flavour changes will only be accepted up to 30 days prior to the Event, and entirely at the sole discretion of the Baker and subject to availability. This may incur additional Fees and should be confirmed in writing.
4.7. If there are any complaints about the design or the appearance of the Goods, they must be expressed at point of collection.
4.8. Any change of date or postponement will be agreed subject to our availability and will be deemed a cancellation by you and our cancellation terms in clause 3 shall apply, unless we agree otherwise in writing. Postponed Assignments are subject to a price increase allowing for our rise in costs and inflation.
- Allergies and Risks
5.1. The Baker 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 the Baker cannot, therefore, guarantee the absence of traces of them.
5.2. Most cakes contain small proportions of inedible items for support, it is the clients responsibility to ensure these are removed by your caterer/guests before consumption, for example support dowels in tiered cakes, ribbon, wires in sugar flowers, Swarovski crystals, flower picks & flower tape. For more gravity-defying styles, extra support will be used to make sure the cake stays in place throughout the occasion. Some flowers (Ivy for example) are poisonous and not suitable for use on food products, you should notify your flower supplier of your intention to use the flowers on food to ensure that non poisonous flowers are used. The Baker cannot be held responsible for any contamination to our food product that may arise from using fresh flowers.
5.3. It is the Client’s responsibility to inform consumers of any risks.
5.4. We recommend extreme caution if you are considering a cake decorated with chocolate for a summer wedding (May-September). We cannot accept responsibility for any melting of the cake once it has left our possession, as we have no control over the environmental / venue temperature. We can however advise you of designs that are less susceptible to melting and do everything within our control to reduce the impact on the cake.
5.5. It is the clients’ responsibility to ensure arrangements are made for the cake table, linen, cake stand & knife, which should all be set- up prior to our arrival. If any delay is incurred due to these not being set-up, we reserve the right to charge for any delay incurred, or leave the cake with the event manager to assemble/move into position as appropriate. We will not be held liable for any damage caused after the Assignment has been handed over. Please take extra care to ensure a stable cake table is available if you are having a marquee wedding, as surrounding floor boards can easily rock the cake once stood on.
6.1. The Baker cannot be held responsible for any damage to the Goods that may be caused during transportation, once the Goods for the Assignment have been handed over to the Client for transportation.
6.2. If delivery has been requested we will deliver the cake on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. The Baker will always do the best they can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Baker cannot accept any liability for delays and time shall not be of the essence.
6.3. The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. This is why it is your responsibility to request collection as close to the date/time of the celebration as possible.
6.4 The Baker and the Client expressly agree that the cakes and all goods purchased from the Baker remain the property of the Baker until paid for in full.
- General Conditions
7.1. The Baker shall use reasonable endeavours to meet any performance date, but such dates shall be estimates only.
7.2. Variations to the Services may only be agreed in writing by both parties.
7.3. 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.
7.4. The Baker 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.
7.5. 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.
7.6. Hire of Cake Stands and/or equipment: All equipment requires a security deposit separate to the Assignment Fees. The equipment deposit will be reimbursed in full to the hirer on safe return of the hired equipment provided it has not suffered any damage whatsoever. Damage includes and is not limited to: cuts, chips, scratches, breakages, cracks, rips, tears, dents, bending, staining and discolouration. All hired equipment should be clean and in the original packaging provided. The hired equipment must be returned to our premises within 7 days from the Event date. Violation of these conditions can result in the Baker withholding the deposit in part or full. In addition, failure to return the hired equipment on the specified day will carry a penalty of £5 per item per day until the entire deposit is lost. All cakes on our website are priced according to our current pricing policies and do NOT include the stand hire fees.
7.7. The Baker will use reasonable care and skill in performing the Services.
7.8. 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 the Assignment can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give us the opportunity to correct them. Once the Assignment has been handed over this confirms that decoration is as requested and no further claims can be made. Wedding cake clients will be shown a sketch of their wedding cake prior to the wedding. It is the clients responsibility to check that this meets with their requirements and raise any issues with us if there are any discrepancies.
Where the complaint is in regards to the quality of the Assignment, then the cake/baked goods, or remainder of the cake/baked goods, must be returned to us as soon as possible after cutting and within 24 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.
7.9. The Baker’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.
7.10. In respect of any other direct losses (in Contract or Tort) the total liability of the Baker will not exceed the return of all payments received, and thus, the limit of liability shall not exceed the value of the Services provided.
7.11. Nothing in these Terms will exclude or limit liability for death or serious injury caused by the Baker’s negligence.
7.12. 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 the Baker.
7.13. If the Baker is limited or hindered from providing any Goods or Services booked by the Client due to circumstances beyond its control including (without prejudice to the generality of the foregoing) Government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, non-availability of materials or supplies or any other event outside the control of the Baker, then the Baker shall not be liable for any breach of contract resulting from such an event, and the liability of the Baker to the Client shall not exceed the amount paid by the Client for the Goods or Services. The Deposit shall be non-refundable, (being an approximation of the value of Goods or Services already rendered) and the Baker shall (where the value of the Goods or Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Goods and Services delivered to the Client up to that point. The Baker shall not be liable for any additional losses incurred by the Client in such circumstances.
7.14. Nothing in these Terms is intended to create a partnership or joint venture between the Baker 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.
7.15. 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.
In the event that any one or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted.
The parties agree to submit to the non-exclusive jurisdiction of the English courts.
Any headings utilised in this Agreement have been inserted for the convenience of reference only and should in no way restrict or otherwise affect the construction of the terms and conditions hereof.
7.16. These Terms and any dispute arising from them shall be governed by the laws of England and Wales.
- November 2020