Terms & Conditions
Choccolotties Contact Details:
Keeley Rayner
15 Southern Drive, Loughton, Essex IG103BU
info@choccolotties.com
Standard Terms and Conditions of Trading
These terms form the basis of the contract between our customer and Choccolotties. 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, drawings, 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 they describe and remain the property of Choccolotties.
Any photos of cakes made by other companies and not produced by Choccolotties, will only be used as a guide and will not be copied to the exact design, so as not to plagiarise that person/s work.
Quotations are valid for a period of 7 calendar days from the day of issue. Cake sizes quoted will be in relation to the number of servings you will require. Cakes are 4 to 6 inches deep as standard. If you would like a deeper cake this needs to be requested at the time of booking.
No contract is made with you until we have received your booking fee. Once your booking fee has been received you are in a legally binding contract with Choccolotties.
The Cakes
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 cake 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 customer’s 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 Cakes 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 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, but we will do our best to make it so. Where colour swatches are provided, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.
If you decide to have fresh flowers on your wedding cake, this can be provided by Choccolotties through our florist. We will do our best to accommodate your flower choice/s and colour/s. However this is not guaranteed and Choccolotties will not be held responsible should the florist not be able to obtain those specific flowers for the cake. Whilst all flowers used are sealed using food safe methods, some flowers are not suitable for use as a cake decoration due to their toxicity. We cannot be liable for any contamination of our food products that may arise from this misuse. If you wish to use your own florist, we strongly recommend that your florist liaise directly with us to confirm details about the size of the cake being dressed to avoid any miscommunication.
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.
Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption. A clear list of any non-edibles used in your cake will be provided to your venue. It is not the responsibility of Choccolotties, should these be eaten after delivery and set up.
The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Sugarpaste covered cakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. They should NOT be refrigerated, unless stated by Choccolotties. If you have requested a buttercream finish, the cake should be refrigerated and kept in the fridge until 2-3 hours before the cake will be eaten. This will allow the cake to thaw to room temperature. Choccolotties does not recommend eating cake straight from the fridge. Hot weather and room temperature can vary, so it is important to gauge that when removing buttercream cakes from the fridge.
Choccolotties and the customer expressly agree that the cakes and all goods purchased from Choccolotties remain the property of Choccolotties until paid for in full.
Delivery and Collection
All orders may be collected free of charge from Choccolotties by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises.
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. Choccolotties 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.
If the delivery address changes after the order has been confirmed additional charges may be added to cover extra mileage.
When delivering to a wedding venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the wedding cake, we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. Should the venue need to set up the cake themselves we shall explain how the cake is to be displayed and where possible, obtain a signature to verify we have done so. Once the cake has been delivered, we are unable to accept any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.
If the cake is delivered with a cake stand, a security deposit will be payable with the final balance. The stand must be returned to us in a good, clean condition within a timescale set by Choccolotties. Upon the return of the stand, the deposit will be refunded. This will be refunded via bank transfer within 5 working days. Should the stand be returned broken or damaged, the cost of the replacement stand will be deducted from the security deposit.
Price and Payment
The price of your cake will be as set out in your order confirmation. No Vat is payable on the cakes. A £50 booking fee is required for wedding cake orders. For Wedding Cakes, a detailed order confirmation will be issued detailing the final balance and payment details. No further payment reminders will be sent, and it is the responsibility of the client to ensure payment is on time.
Please note all booking fees are non-refundable and non-transferable.
The balance must be paid in cleared monies no later than the date set out in the order confirmation by bank transfer to the account specified. Late payments will incur a £25 charge.
If payment is not received by the date specified this shall be constituted as a 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 order confirmation. In these circumstances, the cake will be made as close to the order confirmation as possible with no redress or liability on Choccolotties.
Cancellation, postponement, and alterations
In the event of a cancellation by yourselves, charges are as follows;
More than ninety days prior to the date = booking fee only.
Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost.
Less than one calendar month prior to the date = full amount
Any booking fees previously paid are non-refundable and non-transferable.
In the event of a wedding postponement, the payment due remains the same as a cancellation. If you postpone within 90 days of the wedding half the remaining cost will be due on the original payment date. If you postpone less than one month prior to the wedding, the outstanding balance remains payable on the original due date. Subject to availability we will carry any monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancellation. Postponements may also be subject to an increase in costs, in line with the annual cost of inflation, dependent on the duration of the postponement.
You may, prior to 8 weeks before the wedding day, or 14 days for celebration cakes, amend your order by providing us with written notice. In the case of alterations, a new order confirmation will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation has been issued. Should you make any changes after the time scale stipulated above there will be no reduction in the price you pay, even if your new design is cheaper than the original booking.
If for any reason you fail to collect your cake order, we reserve the right to take action to recover any balances outstanding.
Choccolotties reserves the right to cancel, vary or suspend the operation of this contract if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing): fire, floods, storm, plant breakdown, strike, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Choccolotties, and Choccolotties shall not be liable for any breach of contract resulting from such an event. In this situation we will provide you with written notice and any booking fees paid are non-refundable and we refer to our cancellation policy. As such we advise you to purchase wedding insurance.
Choccolotties’ 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 Choccolotties, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim.
Choccolotties 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 Choccolotties’ statutory liability for death or personal injury arising from any negligence on Choccolotties’ part or liability imposed by statutory implied terms in Consumer Contracts.
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 a 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.
Complaints regarding the decoration of celebration cake 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 cake has been handed over this confirms that decoration is as requested, and no further claims can be made. Wedding cake clients will have a comprehensive order confirmation of their wedding cake prior to the wedding. It is the client’s responsibility to check that this meets their requirements and raise any issues with us if there are any discrepancies.
Where the complaint is in regard to the quality of the cake then the cake, or remainder of the cake/tier, 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.
General Terms
All designs and intellectual property rights remain the property of Choccolotties.
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 Choccolotties for your own benefit.
This Agreement together with Order Confirmation documents provided constitutes 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 anyone 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.
COVID-19
In light of the Coronavirus Pandemic situation, Choccolotties are following Government Guidelines and currently our business is operating as usual.
We have however revised our terms and conditions in a bid to support our clients through this unpredictable period. In the event that your booking is deferred because the Government orders all cancellations of gatherings above a specific number, then Choccolotties will honour your order and we will endeavor to fulfill our contractual obligation at a later date. We are a small business and therefore if your rescheduled date, time or venue reaches our capacity, then surcharges may be necessary in order for Choccolotties to honour your booking.
In the event that your order is cancelled at very short notice, (i.e. less than a week) and your cake has been partially made or completed, we will still honour your order if possible, at a rescheduled date, however, net costs incurred up to the point of the cancellation will need to be met by the client.
If the client chooses to cancel their booking but the venue is still operating as usual then, unfortunately, we are unable to move your booking date or refund your deposit.
Choccolotties is committed to doing our utmost to fulfill as many orders as we can during this difficult time and we thank you in advance for your co-operation and support.
Choccolotties takes appropriate measures to ensure they comply by using all necessary PPE, set within Government Guidelines.