Terms and Conditions

These terms form the basis of the contract between our customer and The purple Pumpkin Cake Company. 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 are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of The Purple Pumpkin Cake Company.

Quotations are valid for a period of 30 calendar days from the day of issue.

A booking fee is required for all bookings, the booking fee will be confirmed to you upon enquiry.

For last minute orders, full payment may be required at the time of booking, this will also be confirmed when enquiring.

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 The Purple Pumpkin Cake Company.

No order is confirmed without a paid booking fee. Booking fee's are non refundable.

Booking fee's are transferable at the discretion of The Purple Pumpkin Cake Co.

Changes cannot be made to any order within :

Two weeks of the arranged date of collection/ delivery for celebration cakes.

Six weeks of the arranged date of collection/ delivery for wedding cakes.

The outstanding balance of your order is required:

Before or on collection/ delivery for celebration cakes.

Two weeks before delivery/ collection for wedding cakes.

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 customers responsibility to ensure all details within the order confirmation and sketch 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.

Fresh flowers are not included in the price of any wedding cake design. If a wedding cake is to be dressed with fresh flowers these are to be provided by your florist. NB. Please note some flowers are not suitable for use as a cake decoration. Ask your florist for details regarding toxicity. We cannot be liable for any contamination to our food product that may arise from their misuse.

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.

If your cake contains figures made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels for reinforcement. All of our figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), we cannot guarantee a true likeness. It is your responsibility to provide images for our reference. If images are not provided standard figures shall be used.

The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. 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.

The Purple Pumpkin Cake Company and the customer expressly agree that the cakes and all goods purchased from The Purple Pumpkin Cake Company remain the property of The Purple Pumpkin Cake Company until paid for in full.

No responsibility will be taken for damages to the product once it has been collected/ delivered. Transport and storage advice is always given and should be followed correctly.

Delivery and Collection

All orders may be collected free of charge from The Purple Pumpkin Cake Company by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises.

Delivery charges may apply, please get in touch for more information.

We strongly discourage collection of tiered wedding cakes.

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 Purple Pumpkin Cake Company 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.

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 and liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.

Complaints must be made within 24 hours and the product must be returned within 48 hours to ascertain the problem.

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 all cake orders (subject to a minimum of £65). 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.

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, cash or payment by debit or credit card. If paying by debit or credit card please allow 3 working days for payment to clear. Late payments may incur a £25 charge.

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 order confirmation. In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on The Purple Pumpkin Cake Company.

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 payments previously made are not refundable.

In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability we will carry the 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 classes as a cancellation.

In the unlikely event that we need to cancel your order any monies paid will be refunded. The Purple Pumpkin Cake Company 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, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of The Purple Pumpkin Cake Company, and The Purple Pumpkin Cake Company shall not be liable for any breach of contract resulting from such an event.

The Purple Pumpkin Cake Company’s 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 The Purple Pumpkin Cake Company, 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.

The Purple Pumpkin Cake Company 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 The Purple Pumpkin Cake Company’s statutory liability for death or personal injury arising from any negligence on The Purple Pumpkin Cake Company’s 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.

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 payment has been handed over this confirms that decoration is as requested and no further claims can be made. Wedding cake clients will be sent a detailed 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 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. The complaint must be made within 24 hours of delivery/ collection. 

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 The Purple Pumpkin Cake Company.

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 The Purple Pumpkin Cake Company 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 enforce-ability 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.

 

 

CAKE STANDS HIRE

Cake stand hire is charged at £30 per week, and a cash damage waiver of £50 is required, (£150 for wrought iron stands), this will be refunded on return of the stand, as long as the stand has not been damaged in any way. Upon collection of a cake stand you are accepting, by signature, that should the stand be damaged in any way you forfeit your right to the return of the damage waiver of £50.

Hire charge is not applicable if you are purchasing your cake from us, but the damage waiver still applies.

It is the customers responsibility to return the cake stand to The Purple Pumpkin Cake Company, unless agreed differently before hand in writing. 

***GDPR POLICY***

As of the 25th May 2018 the new GDPR (General Data Protection Regulation) comes into place, and all businesses are bound to comply.

The Purple Pumpkin Cake Company only holds the necessary information to fulfil your cake orders.

Further to this, all customer information will only be kept on file for the amount of time required to fulfil that order. Once an order is complete all personal information will be deleted.

The Purple Pumpkin Cake Company do not run any marketing campaigns and will, under no circumstances, give out any customer information.

Each customer has the right, at any time to ask about your data and how it is being used.

All customer information held by The Purple Pumpkin cake Company is stored on a device which has the necessary security software, until the date of completion of order, and then deleted.
All other paperwork, which does NOT hold personal information is held for the required 7 years following HMRC guidelines and is then cross shredded and disposed of.

If anybody has any enquiries or concerns relating to GDPR please email me at sarah@purplepumpkincake.co.uk and I will be happy to explain things in more detail.

 

 

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