Midland Cake Company – Cake Supply Terms & Conditions
On payment of deposit, The Customer agrees to the following Terms & Conditions:
This agreement contains the entire understanding between Midland Cake Company (“Us”, “We”, “Our”) and The Customer (“You”, “Your”, “Yours”) with regards to Your Cake (“Goods”, “Product”, “Services”, “Items”, “Cake”, “Order”).
These Terms and conditions shall apply to the sale of the Goods by the Us to the You to the exclusion of all other terms and conditions referred except where the We have agreed to such variation in writing and by way of signature. By ordering from Us, You agree to be legally bound by these Terms and Conditions and accept that these may be modified or amended and posted on Our website from time to time.
Design & Consultation
The parties agree to an initial consultation, either in person (at Our discretion) or by e-mail before the event date to confirm the design details and the prices. In the first instance and a deposit has been paid, this is free however additional consultations or where no deposit has been paid this may be chargeable. Any consultation fee paid will be deducted from the final price if an order is placed.
In some circumstances and where it is warranted, a written design brief / specification may be attached to these terms and conditions as a “Specification Document”. This document may include such elements as design, colours, flavours as well as delivery information and dates.
Any changes to the specification once agreed may be liable to additional charges.
We are a home-based bakery. Whilst we will always attempt to adhere to existing Consultation appointments, we reserve the right to cancel, change or re-arrange these when absolutely necessary due to unforeseen circumstances.
We will follow your requests closely in producing your Cake. We cannot duplicate an exact copy of another artist’s work but will ensure the look is similar. For smaller items such as cupcakes, cookies or bakes minimum order quantities may apply.
You will receive a quotation for all items as per the initial consultation. The quote will include all costs for the design, goods & services relevant to your requirements.
A booking fee (“Deposit”, “Booking Fee”) is to be paid to Us within 24 hours of the quote being formally accepted by You (via email, SMS, telephone or messaging service) and is required to secure the Order.
Until the Booking Fee has been confirmed as received by us, the Booking and Date is not secured.
For details of the current Booking Fee / Deposit requirements, please see our cake information page, or ask Us when ordering.
Booking Confirmation & Reservation
Upon receipt of the Booking Fee, We will confirm the Booking and reserve the Date.
Following the Booking Fee, the Final Balance will become due either before Completion or on Completion – depending on the value of the goods we are to provide. For the current balance requirements, please see our cake information page, or ask Us when ordering.
Delivery / Collection
Delivery charges vary according to distance from a central location in Halesowen, B63 – for current rates see our cake information page, or ask Us when ordering.
You may (By Appointment) collect in person from Our premises instead of arranging delivery. Missed or delayed collections / appointments may be liable to a surcharge.
Set-up, Dressing and Planner Liaison
We are able to attend your venue to set up, dress and liaise with You or Your planner on your behalf subject to an additional fee which will vary depending on Your needs.
Changes / Amendments
If changes are required, these must be agreed at least 2 weeks prior to the agreed completion. Changes may be chargeable, and are not allowed less than 14 days prior to completion. Changes will be accepted at our our discretion.
We reserve the right to change the design at any point if circumstances beyond our control compromise the quality of the finished product. e.g. weather conditions or materials availability. You will be notified of any such changes and we will keep any changes made to a minimum.
If it has prearranged, we will endeavour to deliver all ordered items at the date and time agreed.
We are not responsible for any delay or inability to deliver based on accidents, natural disasters, transportation issues, inclement weather, illness, death, labour troubles, delay in supplies, disputes or strikes, or any other circumstance beyond our control.
Although We will take every possible care with the delivery and/or set up of the goods, once delivered and/or set up the goods become Your responsibility.
We cannot be held responsible for any destruction of the Goods once they are in the care of You and/or Your Venue.
Signature for handover of responsibility will be obtained from You/Your Venue. If no person is available upon delivery and setup, photographic evidence is always obtained as proof of delivery and condition of the Goods.
If You collect your Goods in person, We assume no responsibility for damage caused once they have been taken from our premises.
In hot or humid weather, or in direct sunlight there is the possibility of sugar decorations melting or damage to Goods.
Cancellations / Postponement
We offer a bespoke service and are limited in how many bookings We take on a month. If You cancel or postpone your order within 3 months of the delivery date it is unlikely that the cancelled space will be filled and therefore the following charges will apply.
Cancellation 3 months or less prior to completion: Loss of Booking Fee/Deposit + any materials already purchased will be billed for.
Postponement 1 month or more prior to completion: Provided we are able to accommodate a new delivery date, no charge will apply otherwise this will be deemed as a cancellation (see above).
Postponement less than 1 month prior to completion are not accepted and will be deemed as a cancellation (see above).
Cancellations / Postponement MUST be in writing by post or email – not via social media, SMS, messaging service or telephone.
Refunds / Complaints
Refunds are provided solely at Our discretion, regardless of circumstances. The exception to this is when We deem that We are unable to continue/complete an order, in which circumstances all monies will be returned and no further liability will rest with us.
If you wish to make a complaint to us or let us know any concerns after receiving the Goods, please do so in writing. Evidence of any faults, damages or discrepancies should be included.
We shall not be held responsible for nut or other allergies for You or Your parties. Any specific dietary requirements should be discussed at the consultation.
It is YOUR responsibility to inform us of any actual or potential allergies You or Your party may have. Please see our Allergy Information section on our Cake Information Page.
Non-Edible Ingredients & Decorations
Our Goods may contain non-edible ingredients or decorations, such as plastic dowels in tiered cakes or wires in some sugar flowers. These will be detailed on Completion and must be removed before serving or eating.
If you would like fresh flowers rather than sugar flowers used on your Cake, it is the Your responsibility to source the florist/flowers, unless specifically agreed with Us. We do not take any responsibility for any damage to the Cake from the fresh flowers, or the placement on the Cake of the fresh flowers once delivered.
You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants. Some flowers are highly toxic and if you are unsure, you should obtain professional advice.
It is the Your responsibility to ensure that any fresh flowers displayed on or next to the Cake do not contain pesticides and are food-safe (non-toxic). We can take no responsibility for the flowers being food-safe.
There may be a charge for arranging flowers on the cake if You would prefer Us to do this as it requires additional items such as flower picks, flower tape and we will also charge an hourly rate.
We are not responsible for bodily injury, property or consequential damage, which may result from Our Services.
We are not responsible for any damage to the Product or shortage of the Product caused by anyone NOT employed by Us.
We will not deliver a cake if payments have not been made in full.
If you have requested a specific date for delivery/collection but not paid the booking fee to secure this date, we are not responsible for any issues arising from this.
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative Cake Designer. We will make every effort to secure a replacement cake designer able and / or willing to provide similar products and services as chosen at the same / similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Goods.
We reserve the right to use all photographs of the Products We produce for advertising, press and/or social media purposes. If You wish us to ensure anonymity, please advise Us on booking.