• TERMS & CONDITIONS OF SALE

  • The purpose of this document is to inform you, our client, of the terms and conditions upon which we sell and supply our products and services – mainly cakes and treats. Before confirming your order with us we advise all of our clients to please:

  • Read through these terms and conditions, as by ordering any of our Products, Goods or Services listed you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions which may be modified or amended and posted on our Website from time to time.

  • We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. It is your responsibility to check regularly to determine whether we have changed these Conditions.
     

• COMMUNICATION
   

  • Gifted Heart Cakes are more than happy to discuss any initial enquiries via our social media messaging services such as Instagram and Facebook. However, all order confirmations, amendments or alterations must be emailed to us at hello@giftedheartcakes.co.uk. We will not be liable for any orders, amendments or cancellations unseen or misplaced via our social media channels.

 

• YOUR DESIGN AND TASTING CONSULTATION
   

  • Our website, Instagram posts and online look book should give you lots of ideas and inspiration, and any of our previous designs can be tailored to suit your wedding theme for your own custom designed cake. There are many options to choose from and we will help you to find a design that perfectly reflects your personality, ensuring that the centrepiece of your day is everything that you dreamed of. Prior to your complimentary consultation, please consider the following:
     

  • Consultations /Our design and tasting sessions are made by appointment only. They last for around one hour and are for a maximum of four people and six flavours.  Cake bookings can also be made over the phone without prior consultation. If you are unable to attend your meeting please inform us 24 hours beforehand. If you cancel your consultation without prior notification and a subsequent rebooking thereafter will be charged at £45 + VAT.  This charge will be offset against your order if confirmed and a deposit paid after your appointment is rebooked. Telephone consultations for the design of your wedding cake are also available.
     

  • Tasting - At your consultation we offer a complimentary tasting of our signature flavours and will cater for specialist flavours and dietary requirements, where possible, please arrange at the point of booking. We can also discuss the size of the cake in relation to your number of guests. Please consider the following prior to attending your consultation and tasting:
     

  • DIETARY REQUIREMENTS  / ALLERGIES. We are happy to offer suggestions on cakes that are ‘free from’. Free from eggs, nuts, alcohol and wheat are all common requests. Please be aware that whilst your chosen cake may not be made with nuts or a nut product, it will be prepared in a kitchen where nuts are frequently used. Allergy information is provided with all cake orders.We cannot be held responsible for any ingredient contaminated at source, or any harm that may occur. If you are unsure, please just ask.
     

  • Swatches - We cannot guarantee an exact colour match for any samples provided. If you wish to see a sample of the colour we create you must ensure you request this and approve this accordingly.  This is a complimentary service.  If this is not approved, we reserve the right to match the colour at our discretion and in the absence of your approval, we shall not be responsible for any difference in the shade of the colour.
     

  • Flavours - Some of the flavours available are; madagascan vanilla, lemon, strawberry and champagne, red velvet, cherry bakewell,  moist carrot cake, chocolate fudge, banana, coconut and raspberry and coffee sponge. All of our cakes are filled with rich buttercream or chocolate ganache and the finest fruit preserves.
    For the traditional rich fruit cake or amaretto fruit cake we require a minimum of three months order notice to allow the cake mixture to mature. If less notice is given we cannot guarantee that the final quality be of a similar standard to cake given ample time to mature. 
    All fruit cake will require a sharp, serrated knife in order to cut it efficiently. 
    Please bear in mind that the samples of cake provided during the consultation and tasting meeting are cooked on a smaller scale than the final Products.  Therefore the flavours, colours and textures may adjust accordingly when making each final Product. 
     

• LEAD TIMES
   

  • We advise all of our clients planning their wedding cake with us to secure their date as early as possible. Whilst we will always try to accommodate all of our clients, our bookings are taken on a first come first serve basis, and we reserve the right to decline orders.
     

  • Your date can always be secured with a deposit payment, and your design can be finalised during your consultation at a later date.
     

  • We kindly request that orders be placed no later than three months before your wedding, however, should you need to, please contact us, as we have on occasion worked within shorter time frames.
     

• QUOTES
   

  • Quotes are created after your consultation and valid for 14 days as prices are subject to change.

 

• PLACING YOUR ORDER WITH US
   

  • Due to the nature of the icing’s density, any cake designs which are decorated with Royal Icing will require a sharp serrated knife to cut them for both the initial photography cutting of the cake and when cutting the cake into portions for your guests. Gifted Heart Cake’s team can score your Royal Iced wedding cake to enable a clean cut for your wedding photo shot. This will be indicated by a decorative flourish. Please ask us about this.
     

  • The cake samples you have chosen during your consultation have been made and cooked on a smaller scale. (Refer to 3.5) The same flavours when cooked on a larger scale will inevitably vary in colour, texture and sweetness due to their size and time cooked.
     

  • We will always ensure that our client’s requirements are met in terms of their chosen flavours, however, we shall not be liable for unreasonable and unmanageable feedback regarding the flavour or sweetness of our cakes post-event. Cakes are meant to be sweet after all.
     

  • All of our cakes are handmade and decorated to your requirements. During manufacturing processes, slight changes may occur with colours, textures, flavours and designs due to the nature of the work entailed, which are out of our control. (Refer to 3.4) These changes will not differ significantly from the specification provided by you at the initial stage of ordering.
     

  • If any choice of colour including that of the inscription is not selected, we reserve the right to select one at our own discretion. We shall use our reasonable endeavours to contact you and agree on the choice of colour before making our selection in the event that the colour is left to our discretion our choice shall be final.

 

• ALTERATIONS
   

  • We are happy to make alterations to your cake design and order up to 4 weeks prior to your event date. (Please refer to 3.1) It is your responsibility to advise Gifted Heart Cakes of any alterations to the original order. We reserve the right to increase a quoted fee in the event 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.
     

  • Please take the time to check your copy of the order form carefully and let us know within 3 days if changes are needed. Your signed contract for the supply of the Product confirms all décor and special requests as stated on the contract. It is your responsibility to ensure the contract design and notes incorporate your requirements as agreed during your consultation.  Any changes you request after the contract is signed must be sent to us via email, if this alteration is acceptable we will reply and attach this as part of your main contract. The main contract shall then be binding upon both you and us in the form it takes including all annexations that we have both agreed upon.
     

• PAYMENT

  • A £150 non-refundable deposit is required at the point of order. The outstanding balance is due the 1st month before your cake is due for delivery/ collection. (eg. A cake order for 15th September would be due for final payment 1st August.)  
     

  • If your wedding or event should be deferred for any reason we will accommodate this change where possible. Any further amendments may incur an administration fee.
     

  • Orders placed inside of four weeks will require payment in full at the point of order and are non-refundable. We accept payment by cash. Cheque, PayPal or BACS transfer.
     

• NON-PAYMENTS
   

  •  In the event that any payment is subsequently declined, the order will not be completed or released until alternative funding arrangements have been agreed and payment is made in full. Subsequent completion of the order will be subject to availability and cannot be guaranteed.
     

  • Gifted Heart Cakes accepts no responsibility for any loss howsoever caused or for 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.
    
     

• CANCELLATIONS
  
  As your wedding cake and/or special order booking is reserved solely for you and certain components for your cake/s may be ordered months in advance, the following conditions are implemented when an order is cancelled:
   

  • Greater than 4 weeks from delivery/Collection date - 25% of the final balance will be payable
     

  • 0 to 4 weeks from delivery date - 100% of the total cost will be payable
     

  • Wedding cake/special order cancellations must be made in writing. In special circumstances such as global pandemic / war/ government lead directives we will do our best to move your wedding cake booking. In this instance your remaining balance will be due payable the 1st of the month before your new wedding date. (Please see Covid-19 clause below)
     

  • Novelty cake order cancellations: Full payment is required if cancellation is within 0 to 4 weeks of delivery/collection date, greater than this a refund of any monies paid, less deposit, will be made.

  • 10.4.1 For items specifically ordered or work already completed in accordance with your order will still require payment
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• EQUIPMENT HIRE
   

  • Should you wish to hire one of our cake stands for your wedding cake, Gifted Heart Cakes requires a deposit of £100 which must be returned to us, in the same condition, within 3 days from the hired date for the refund to be issued.
     

• COLLECTION
   

  • If you choose to collect your cake please note that Gifted Heart Cakes cannot be held liable for any damage in transit. Cakes (especially tiered cakes) need to be placed on a flat surface either in the boot or foot well of your vehicle and NOT on the seat as this will make the cake lean and will lead to damage. Do not transport on a person’s knees and ensure the box cannot move around when in transit. Where possible use a non-slip mat to reduce the chance of movement and drive carefully over bumps and around corners.
     

  • Cake stand hire can be arranged, with a small security deposit, again, please note, it is the client’s responsibility to return the stand within the agreed time frame.
     

  • If collecting, ensure you collect your Product as stated on your order form. Goods and Products not collected will be kept for 24 hours after which they will be disposed of with no refunds payable.
     

  • It is your duty to ensure products collected are kept in the environment required.  If you are not aware of such requirements then you should request the assistance of a member of the team. We shall not be responsible for any losses incurred by you or any degradation to the Goods supplied where the Goods have not been stored by you in the requisite environmental conditions.
     

• DELIVERY
   

  • As part of your consultation, we can discuss the delivery and set up of your cake should you require it, however, as there are limitations to the number of deliveries we can conduct, an advance booking is the best way to secure your date during the busy wedding season.
     

  • Our delivery service will include liaison with your venue, assembly of the cake in situ, and dressing with fresh flowers if so required.
     

  • The service is dependent upon availability and will be charged on an hourly basis determined by the travel distance and the time and labour required for assembling the cake.
     

  • Once your cake has been delivered and set up by the GHC team we take no further responsibility for any damage after we have completed the setup.
     

  • Gifted Heart Cakes will not be liable if the cake is moved by and damaged by another party.
     

  • Rustic buttercream finished cakes and semi-naked cakes are not advisable during hot months unless there is sufficient air conditioning at your venue. Gifted Heart Cakes cannot be held responsible for heat damage to a buttercream finish cake(s) during hot weather once it has been set up at your venue. Gifted Heart Cakes will not be liable if these cakes are ordered during the summer season or if positioned in direct sunlight or near a heat source. All of which would have been advised against during your consultation and at delivery stage.
     

  • If we have previously agreed to meet another supplier and they are late or not ready to collaborate on the day, i.e. the florist for the cake flowers, dance floor not laid for the cake to be positioned on or the supplier of the cake stand or knife not arrived on time. Gifted Heart Cakes will not wait indefinitely on site for them as this will delay the set up of other clients cakes.
     

  • During warmer months marquees get very hot if they do not have air conditioning. Gifted Heart Cakes cannot be held responsible for any damage caused to your cake(s) by heat or insects once it has been set up at your venue.
     

  • Gifted Heart Cakes cannot be held responsible for anything added to the cake after collection or delivery. If real flowers are being added to a cake after delivery/collection then it must be noted that the water residue can sometimes affect the icing or cake surface. It is also very important that the flowers have not been exposed to chemicals or pesticides if they are coming in contact with the cake(s).

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•  CONSUMPTION
   

  • All recipes contain milk, gluten and eggs (Unless otherwise requested) and have been made in a kitchen that handles nuts, as such all products may contain traces of nuts and other allergens. Gifted Heart Cakes will make this clear on all delivery notes and cannot be held responsible for illness arising from consuming these ingredients

  • Decorated rich fruit cakes will keep for several months. Decorated (covered in fondant) sponge cakes should be eaten within 3 days of delivery/collection. We recommend that naked cakes are not left uneaten for more than 3 hours as the sponge will dry out. Cupcakes are best eaten on the day of collection or the following day – chocolate cupcakes do have a better longevity.
     

  • Wedding cakes are baked and decorated with the intention that it is to be eaten on the wedding day. Gifted Heart Cakes cannot be held responsible for the cake’s freshness beyond that date.
     

  • Cakes need to be cut with care; particularly fruit cakes, carrot cake and chocolate mud cakes which can easily crumble if not handled correctly. Use a long handled sharp bladed knife – ornamental knives used for photographs, are generally not suitable. Please note that some cakes will contain internal supports (which will need to be removed before serving) and will be supported by non-toxic foil card drums. The foil can sometimes be seen on the white ganache through the smoothing and scraping process of the crumb coat. I advise the cake to be cut in 1” x 1” coffee portions to maximise servings.
     

  • Cakes may include non-edible decorations which must be removed before cutting. These can include wires/fresh flowers, ribbons, models and internal supports.

 

• FLOWERS AND IN-EDIBLE ITEMS
   

  • At the request of the client, cakes sometimes contain in-edible items such as broaches, ribbons, flowers and feathers etc. These items must be removed before serving and we accept no responsibility for any harm these might cause.
     

  • We can provide flowers to decorate your cake, or we will liaise directly with your florist. Be aware that some flowers are not suitable for cake decoration, or may be toxic if eaten and all foliage must be removed before serving. Any contamination to your cake is not our responsibility.

 

• PUBLICATION & PROMOTIONAL RIGHTS
   

  • By signing the order form the customer agrees that the company 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. From time to time our designs are published in the media e.g. wedding magazines. 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.
     

  • 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.

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• FORCE MAJEURE
   

  • We shall not be liable if delayed in or prevented from performing our obligations under these terms and conditions due to Force Majeure, provided that we:
     

  • promptly notify you of the Force Majeure event and its expected duration; and

  • use reasonable endeavours to minimise the effects of that event.
     

  • If, due to Force Majeure, either we or you: shall be unable to perform a material obligation; or are delayed in or prevented from performing our obligations for a continuous period exceeding 2 days the other party may, within 10 days, terminate the contract on immediate notice or the both you and us shall, within 3 days, renegotiate the contract to achieve, as nearly as possible, the original intent.
     

  • A Force Majeure event shall be construed as meaning an event or sequence of events beyond our or your reasonable control (after exercise of reasonable care to put in place reasonable back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disasters; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes but excluding your inability to pay or circumstances resulting in your inability to pay.
     

  • Where neither you or we can come to an agreement following any Force Majeure event then the contract for the supply of Goods shall become frustrated and both you and we shall be released from our contractual obligations to each other. Any payments made in accordance with clause 10 shall be kept by us in so far as they relate to the Service and/or Goods which we have provided before and up to any force majeure event including administration costs, meetings, telephone consultations and other services.  

 

• CORONAVIRUS 2020
   

  • In light of the Coronavirus Pandemic situation, Gifted Heart Cakes 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 Gifted Heart Cakes will honour your order and we will endeavour to fulfil 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 Gifted Heart Cakes 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. 

  • 
    If then you choose to cancel your booking but the venue is still operating as usual then, unfortunately, we are unable to move your booking date or refund your deposit. 

 

Gifted Heart Cakes is committed to doing our utmost to fulfil as many orders as we can during this difficult time and we thank you in advance for your co-operation and support. 
 

• COMPLAINTS 
   

  • If you are not completely satisfied with your product we would appreciate that any issues be raised as soon as possible. Any dissatisfaction of our products must be brought to our attention within 3 working days after your event. Any issues raised after this time we will be unable to address your feedback.

  • We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:

  • the Products

  • our Service to you

  • any other matter
    We shall use our best endeavours to attempt to resolve the matter using our internal complaints procedure. Upon receipt we shall:

    • Acknowledge your complaint within 3 working days of receipt of your complaint

    • Investigate your complaint and speak with all the relevant parties involved.

    • We will send you a detailed, written reply to your complaint, including suggestions for resolving the matter. This reply will be sent within 21 working days of our first response.
       

DISCLAIMER

Whilst any information or prices shown on the website are kept as up-to-date as possible, Gifted Heart Cakes reserves the right to change the quoted prices without notice and customers should confirm prices when placing their order.

Placing an order with Gifted Heart Cakes is taken as acceptance of these terms and conditions. Your statutory rights are not affected. English law applies to all transactions and English Courts shall have exclusive jurisdiction over any matters arising from these terms and conditions.

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