Contract of Service
Contract of Service
This Contract of Service sets out the agreement between Creative Box Cakes & Searle Jones Cake Design (“the Company”) and the individual or organisation placing an order (“the Client”).
By paying a deposit and/or booking fee and confirming a booking, the Client enters into a binding contract of service with the Company.
The contract shall apply to the sale of the Goods by the Company to the Buyer to the exclusion of all other terms and conditions referred to, except where the Company has agreed to such variation in writing and by way of signature.
These contract terms and conditions apply to the company Creative Box Cakes Ltd, trading as Searle-Jones Cake Design and Creative Box Cakes Ltd.
By ordering from Creative Box Cakes Ltd, you agree to be legally bound by the contract and accept that it may be modified or amended from time to time.
Creative Box Cakes Ltd provides the following bespoke and unique designed and made cakes:
- Any occasion celebration cakes
- Wedding cakes
- Cupcakes
- Postable bakes
- Baking classes
Requests for other services can be discussed directly with the client.
Consultations are available by appointment only.
1. Definitions
- “Company” refers to Creative Box Cakes Ltd and Searle Jones Cake Design, including its owners, employees, agents, and representatives.
- “Client” refers to the individual(s) or organisation placing an order with the Company, including their representatives, event organisers, or any third party acting on their behalf.
- “Order” refers to any cake, baked goods, or other edible items requested, commissioned, or purchased from the Company by the Client, including any associated services provided in relation to that Order.
2. Allergens and Food Intolerances
- Our kitchen handles many of the 14 allergens identified under UK law (including gluten, milk, eggs, nuts, peanuts, soya, sesame, and others). While every care is taken to avoid cross-contamination, we cannot guarantee that any product is completely free from traces of allergens.
- It is the responsibility of the Client to inform the Company, in writing, of any known allergies or intolerances at the time of booking. Failure to provide this information may result in us being unable to fulfil the order.
- It is the responsibility of the Client to inform their guests of any allergy risks associated with the cake or other edible items supplied.
- The Company shall not be held liable for any adverse reactions, illness, or harm resulting from the consumption of our cakes or any other edible products supplied.
3. Box Bake Orders
- All bakes are made to order and will be dispatched as soon as possible. We aim for the product to be delivered within one week of the order date.
- For home bakes/bakes in boxes, full payment is required on placement of the order.
4. Booking and Deposits
Applicable to all Orders:
- A non-refundable deposit of 25% of the total Order value is required at the time of booking to secure the Order.
- The deposit will be deducted from the final balance payable.
- The Order is only considered confirmed once the deposit is received and necessary order forms or agreements are signed.
Occasion Cake Orders
- We recommend that you book at least 8 weeks in advance to secure the date you require, especially for weekends.
- Short-notice requests will be accommodated where possible.
- A signed Order form and a deposit are required to secure your booking.
- By payment of deposit, it is deemed that the client accepts and agrees to the terms and conditions of Creative Box Cakes Limited.
Wedding cake orders
- We require at least 12 weeks' notice in advance for wedding cakes as these usually entail more detailed designs and complexity.
- A non-refundable deposit of 25% of the total order cost is required to secure your booking and delivery date.
5. Payment terms
Deposits
- We require a deposit on order placement for all cakes, which is deducted from the final balance payable. Deposits are non-refundable and non-transferable.
- The Order is considered confirmed once the deposit is received and any necessary order forms or agreements are signed.
- Deposits are payable at the time of order confirmation. A 25% deposit is payable on ordering unless the order is placed within 3 weeks of the due date, in which case full payment is due. By payment of the deposit, it is deemed that the client accepts and agrees to the terms and conditions of Creative Box Cakes Ltd.
Final balance payments
- For occasion cakes, final balance payments are to be made 3 weeks prior to the order due date.
- For wedding cakes, a further 25% payment of the final balance is to be made 12 weeks before the order due date. The final balance payment is due 6 weeks before the order due date.
6. Cancellation and Postponements
Occasion Cakes – Cancellations
- More than 2 months before the event: only the deposit is retained.
- Within 2 months of the event: 50% of the total Order value is payable.
- Within 1 month of the event: 100% of the total Order value is payable.
Wedding Cakes – Cancellations
- More than 4 months before delivery: only the deposit is retained.
- Within 4 months of delivery: 50% of the total Order value is payable.
- Within 2 months of delivery: 100% of the total Order value is payable.
Postponements / Date Changes
- Requests to change the event date must be made in writing.
- If the new date is available, any payments already made can be transferred to the new booking (up to 12 months from the original date).
- If the Company is unavailable for the new date, the Order will be treated as a cancellation, and the above terms will apply.
- Prices may vary for the new date, and any difference will be applied to the final balance.
Refunds
- No refunds will be issued for deposits or for payments made in accordance with the above cancellation terms. All cancellations must be made by email.
7. Collection, Delivery and Cake Storage
Collection
- If the cake or products are collected from us, we cannot be held liable for any damages to the cake or products once they have left our premises.
- Cakes are to be collected at a mutual and previously agreed date and time only.
- The collection vehicle should have a flat surface and be clean and tidy. This is the responsibility of the customer. The cake or products can be very fragile, so we advise driving very slowly and carefully and purchasing non-slip matting.
Delivery and setup
- We cannot be held liable for any damages to the cake or products we have delivered once we have received a signature for the safe receipt of the goods on our delivery note. All cakes will be delivered with an accompanying delivery note for signature.
- We will always endeavour to deliver within the given time slot; however, delivery timings cannot be guaranteed. If in the unlikely event the delivery is delayed, we will always endeavour to deliver the cake to you as close as possible to the given delivery time. If delivery is not possible due to the action of the company, an appropriate refund will be made.
- There is no charge for delivery within a 5-mile radius of LL12 9RQ. Delivery outside of this area is available with a charge to cover the travel expenses. Cakes will be delivered and set up with prior agreement, mutually agreed upon with the client at the time of ordering.
- A setup charge will be applicable for wedding cakes.
- Some cakes require non-edible elements as part of the structure. We will advise you of this during the collection/delivery of the cake, but please remove any non-edible elements before serving the cake.
- Cakes should be stored in a porous box, preferably the box they came in. Fondant icing used to cover cakes is not designed to be refrigerated, and colour bleed can occur as a result.
8. Intellectual Property
- All images and designs shared with the client remain the property of the Company and must not be reproduced or shared without explicit permission.
- We reserve the right to photograph your cake before delivery for our own reference and for promotional purposes. No pictures will be made public until after the event date.
9. Force Majeure Clause
Creative Box Cakes Limited shall not be liable or responsible for any failure to provide service or for a delay in service of any of our obligations under these terms and conditions that is caused by events outside our reasonable control (known as a "Force Majeure event").
A Force Majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and can include any of the following:
- Extreme weather conditions - including but not limited to winds, snow, rain, storms, fire or floods
- Transport - impossibility or difficulties with the use of public or private transport.
- Cancellation - of any third party related services
- Telecommunications networks - impossibility or difficulties with the use of public or private telecommunications networks, including the internet, for any access to any part of the website
- Materials - inability to receive materials ordered due to a third-party supplier failure beyond our control
- Civil unrest - riots, strikes, transport delays and anything connected with such events
- Telecommunications hardware - the failure of any computer or telecommunications system or hardware, or software
- Website - the failure of the website, affiliate interface or supporting or connected technology
Our obligations under these General Terms and Conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of the time to perform these obligations for the duration of that period. In all cases, we will take reasonable steps to bring the Force Majeure Event to a close or to find a reasonable solution to perform our obligations despite the Force Majeure Event. If this is not possible, we will discuss with you how best to address this.
10. Covid-19
- If your celebration is unable to go ahead due to government restrictions surrounding Covid-19, and you wish to postpone your order, both parties must agree to the new proposal, and any postponements will incur an administration fee of £50.
- We are unable to offer refunds for cancellations under these circumstances.
- If we are required to close Creative Box Cakes Limited due to government restrictions surrounding Covid-19 and are therefore unable to fulfil your order, we will work with you to try to agree a suitable alternative date for delivery. If you do not wish to accept our suggested alternative, then we will refund the full price to you.
11. Baking and Decorating classes
Classes
- Baking and decorating classes are provided in person or online.
- By booking any of our classes or online workshops, you agree to abide by our terms and conditions.
What’s included
- Ingredients and equipment are provided for all in-person classes. The company will not supply an apron or a container to take your baked goods home.
- A list of ingredients and necessary equipment will be sent out before the online workshops. These will not be provided by the Company
Age requirements
- Children’s classes are suitable for children aged eight and over. An adult chaperone is welcome to stay for the duration of the class.
Health & Safety
- All participants should wear shoes with flat, non-slip soles and covered toes. We recommend wearing washable clothing and are not liable for any damage to clothing.
- If you have been or are suffering from food poisoning or an upset stomach (or have come into contact with anybody exhibiting these symptoms) within 48 hours of the course, we ask that you not attend and contact us.
- All open wounds must be covered, ideally with a blue plaster. If you don’t have a plaster, let us know when you arrive, and we will be happy to provide one.
Special dietary requirements & food allergies
- We are unable to tailor our course content to meet special dietary requirements.
- Please inform us in advance of any allergies, disabilities, or learning needs.
Lateness
- Starting on time is crucial, so please arrive on time for your class.
- If you are late, please be aware that the class may have started. We will allow you to join in wherever possible and do our best to catch you up.
Parking
- There is free parking onsite.
Payment
- All payments must be made in full at the time of booking. We do not take provisional bookings and cannot confirm your place on a course until we receive full payment. Unfortunately, if you are unable to attend any session, we cannot offer refunds as the space will be unavailable to anyone else.
12. Complaints
- Any issues with an Order must be raised with the Company in writing by email, supported by clear photographic evidence, within a reasonable time after delivery or collection.
- For an investigation to take place, at least 50% of the cake must be returned to the Company within 48 hours of the event. Without this, the Company reserves the right to reject the complaint.
- Once an Order has been collected or delivered and signed for, the cake is considered to be in good condition. Any damage occurring after collection or delivery is the responsibility of the Client and not the Company.
- Only the original Client who placed the Order may raise a complaint. The Company will deal exclusively with this individual regarding any issues.
