Custom Orders Terms

Our terms of service, your order and your order confirmation set out the whole agreement between you and ourselves for the sale of any custom order. 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 order they describe and remain our property.

 

Quotations are valid for a period of 30 calendar days from the day of issue. Any sizes quoted are in inches unless otherwise stated on the order confirmation.

 

No contract is made with you until we have received the deposit. Once the deposit has been received you are in a legally binding contract with us.

 

The Orders

We warrant that on delivery or collection the order 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 customers responsibility to ensure all details within the order confirmation and sketch, if provided, are correct and meet their exact requirements.

 

This warranty does not apply to any defect in the order arising from wilful damage, accident, negligence by you or any third party, if you use the order in a way we do not recommend, your failure to follow our instructions or any alterations you carry out.

 

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

 

We cannot guarantee an exact replica of any order, 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.

 

From time to time certain materials for our orders 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 will contain dowels and cake cards in each tier to provide support and these should be removed before consumption.

 

Our products are fresh, containing no additives or preservatives and it is our right to assume consumption on the day requested. Orders 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 otherwise stated.

 

The Biscuit Castle Limited and you expressly agree that the order and all goods purchased from us remain our property until paid for in full.

 

Delivery and Collection

All orders may be collected from us free of charge 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 order on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. We will always do the best we can to ensure delivery dates agreed are achieved for the provision of the goods or services however we 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 venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. We shall take a photograph of the order before leaving and, where possible, obtain a signature from the venue confirming the order has been received in good condition. Once the order 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 any order is delivered with a cake stand or other equipment, a security deposit may be payable with the final balance. Upon the return of the equipment the deposit will be refunded. This will be refunded via bank transfer within 5 working days. Should the equipment be returned broken or damaged, the cost of the replacement will be deducted from the security deposit.

 

Price and Payment

The price of your order will be as set out in your order confirmation. A 25% booking fee may be required to book an advanced date. A deposit will be required closer to the event date and is set at 50% of the total order; if a booking fee was required this is used towards the cost of the deposit. For custom orders, a detailed order confirmation will be issued detailing any balances due, when they fall due and payment details. No further payment reminders will be sent, and it is your responsibility to ensure payment is on time.

 

Please note all booking fees are non-refundable and non-transferable.

 

The balance must be paid by bank transfer to the account specified no later than the date set out in the order confirmation or invoice. Please allow 3 working days for payment to clear. We cannot accept payment via cheque but we can accept payments via card or via PayPal. Payments via card or PayPal will incur a 3% additional charge on the order total.

 

Payments not made within 30 days of the due date will be deemed as late and we reserve the right to charge a late payment fee of 1.5% of the total order or a daily interest of 8% plus the Bank of England base rate; whichever is higher. 

 

If payment is not received by the date specified this shall be constituted as breach of contract by yourself. 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 us.

Cancellation, postponement and alterations

In the event of a cancellation by yourselves, all payments made to date are non-refundable. However, an order may be able to be postponed under reasonable circumstances at our sole discretion.

 

We will carry any monies paid forward to the new date except for the booking fee. An additional booking fee may be charged to secure the second date. Postponements may also be subject to an increase in costs, in line with the annual cost of inflation, dependant on the duration of the postponement.

 

You may, prior to 4 weeks before the event date, 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 request 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.

 

We reserve 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, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside our control, and we 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. If your order is required for an important event such as a wedding, we advise you purchase wedding insurance. 

 

Our 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 we, 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.

 

We 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 our statutory liability for death or personal injury arising from any negligence on our part or liability imposed by statutory implied terms in consumer contracts.

 

Complaints

Complaints are rare and due to the amount of work put into each individual order we take them very seriously. Any issues must be brought to our attention within 24 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.

 

Complaints regarding the decoration of celebration cakes 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 payment has been handed over this confirms that decoration is as requested, and no further claims can be made. If you are sent a detailed sketch of the order prior to the event, it is your responsibility to check that this meets with your requirements and raise any issues with us if there are any discrepancies.

 

Where the complaint is in regard to the quality of the order then the order, or remainder of the order, must be returned to us as soon as possible 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 individual who placed the original order.

 

General Terms

All designs and intellectual property rights remain the property of The Biscuit Castle Limited.

 

We reserve the right to use images of your order 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 us 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.

 

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.

 

These terms shall be read in conjunction with our standard terms of service.