QUOTES, BOOKING FEES & PLACING AN ORDER

Quotes are valid for three weeks from the date stated. Cakes are not booked in until the booking fee has been received.

Cake orders must be secured with a deposit of 50% of the total value of the commission. Cupcakes and meringue orders must be paid upon receipt of the invoice. Wedding cake orders require a 25% deposit to secure the booking. If you fail to secure your date with the booking fee, your date will be released and may be freely taken by another customer.

Deposits are non-refundable, non-transferable and non-negotiable, and once paid, means you are entering into a contract with Mel Kelly Cakes and Bakes and confirm you fully and irrevocably agree to the terms and conditions of Mel Kelly Cakes and Bakes.



YOUR ORDER

Mel Kelly Cakes and Bakes warrants that, on 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.

Mel Kelly Cakes and Bakes will not be held responsible for Customer disappointment of the design or the interpretation of the cake so long as it is made in line with the Customer’s pre-agreed requirements as set out in the order confirmation and will face no subsequent liability. It is the Customer’s responsibility to ensure all details within the order confirmation or sketch are correct and meet their exact requirements. It is advisable that you make a copy of all documentation from Mel Kelly Cakes and Bakes for your own benefit. Conversations via messages (Facebook, Messenger, Instagram, email, etc.,) pertaining to your order are considered to be a part of your order and will be used as such. 

This warranty does not apply to any defect in the cakes arising from wilful damage, accident, negligence by the customer or any third party, if you use the cake in any way other than that which Mel Kelly Cakes and Bakes recommended, or the Customer’s failure to follow any instructions provided, or any alterations carried out by a third party.

I cannot replicate another cake-maker’s work due to work ethic, but I am happy use photographs as inspiration. If you have used photographs of another cake maker’s work for inspiration, please inform at point of discussion which specific details you wish me to use. Colours can be recreated as closely as possible, but due to the nature of the materials I work with, an absolute match is by no means guaranteed. Sketches, written descriptions or illustrations are only ever intended as an approximation of the finished product and remain the property of Mel Kelly Cakes and Bakes. 

Occasionally, certain materials or ingredients I use in my cakes may become unavailable due to circumstances which are out of my control; however, I will do my best to select replacement products to reflect the original design as closely as possible. I reserve the right replace items with component parts of equal or better quality without consultation.

Fresh flowers are not included in the cost of any wedding cake design. If a wedding cake is to be dressed with fresh flowers, these should be provided by your florist. Please be aware that certain flowers are not suitable for use as a cake decoration. Please ask your florist for details regarding toxicity. Mel Kelly Cakes and Bakes will not be liable for contamination that may arise from their misuse.

If your cake contains figures made from sugar-paste, whilst edible, I strongly advise that they do NOT be eaten due to the likely presence of non-edible reinforcement materials such as dowels. You must not allow small children to play with or attempt to eat the models. Whilst I try to capture the characteristics of a person if requested (such as hair colour, hair length, glasses, facial hair etc), I cannot guarantee a true likeness. It is your responsibility to provide images for my reference. If images are not provided, generic figures will be used.

All cakes are photographed before collection and the original files are referenced and stored as proof of good practice. All designs and intellectual property rights remain the property of Mel Kelly Cakes and Bakes. I reserve the right to use images of your cake for any form of advertising including web-based promotions, brochures, galleries and competition.

Any items handed over to Mel Kelly Cakes and Bakes to form either part of your order (custom toppers, ribbons, decorations), or as inspiration for your order (photographs, colour swatches etc) will be labelled with your name and the date of your order and stored in a safe place. Items will be returned to you along with your order. However, Mel Kelly Cakes and Bakes cannot be held responsible for any items which are lost or damaged.

All cake sizes are quoted in inches, and cakes are 3.5-4 inches deep as standard. If you would like a deeper cake, this needs to be requested at time of booking.

​Mel Kelly Cakes and Bakes and the Customer expressly agree that the cakes, images of cakes and all goods purchased from Mel Kelly Cakes and Bakes remain the property of Mel Kelly Cakes and Bakes until paid for in full.

INSTALMENTS AND FINAL PAYMENTS

For celebration cakes, your final payment is due the day before delivery/collection if paying by bank transfer or by cash upon collection/delivery. For wedding cakes, your final payment is due two weeks before the date of your wedding.

Instalments can be paid at any time towards the cost of your cake, please arrange at time of booking if you would like to set up an instalment schedule or contact me at any time to make a payment. It’s not a credit agreement, there are no hidden charges or associated costs.

In the event of non-payment for the cake, Mel Kelly Cakes and Bakes reserves the right to consider the order cancelled and the booking fee forfeited.

CANCELLATIONS, POSTPONEMENTS AND AMENDMENTS

In the event of a cancellation by you, the Customer, the deposit is non-refundable.

In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability, I will carry any monies paid forward to the new date. Please be aware I will only do this on one occasion. Any further postponements will be classed as a cancellation.

Amendments to your wedding cake order can be accommodated up to six weeks before the date, or for celebration cakes up to seven days before the date. After this time, changes may not be able to be accommodated (due to ordering in of items specific to your order or work already completed). After this time, there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking. You will be issued with a new order confirmation detailing the changes and the new cost.

In the unlikely event that I need to cancel your order, any monies paid will be refunded. Mel Kelly Cakes and Bakes 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, also non-availability of supplies, illness or any other event outside of the control of Mel Kelly Cakes and Bakes, and Mel Kelly Cakes and Bakes shall not be liable for any breach of contract resulting from such an event.

Mel Kelly Cakes and Bakes’ 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 Mel Kelly Cakes and Bakes, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim.

Mel Kelly Cakes and Bakes shall not under any circumstances be liable for the customer in respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Mel Kelly Cakes and Bakes’ statutory liability for death or personal injury arising from any negligence on Mel Kelly Cakes and Bakes’ part or liability imposed by statutory implied terms in Consumer Contracts.

DATES

Dates are not amendable. While I will always try to accommodate changes, please be aware it may not always be possible, and may result in me being unable to fulfil your order. It is the Customer’s responsibility to ensure you have supplied me with the correct date.

COLLECTION & DELIVERY

I offer a delivery and set up service for wedding cakes (due to compliance with insurance regulations). This is chargeable at £20 set up fee (to cover up to an average hour’s work) plus 45p per mile delivery fee. This rate may change to accommodate larger or more complex wedding cakes which require more work on-site. The delivery fee may rise according to current inflation/fuel/tax/insurance prices.

If you have ordered a celebration cake, you will be provided with the address for collection once your booking fee has been received. I currently offer local delivery between FY1 and FY5 postcodes for an additional fee of £5.

You will be asked to check your cake over in person before you leave the premises/before I leave the delivery. Please make sure any minor mistakes are brought to my attention as soon as possible (spelling or age errors etc) as these can generally be corrected quickly before you leave. Once you agree that you are happy with the cake, by paying the balance owing you are confirming that you are wholly satisfied with the cake upon collection, that you understand the instructions given regarding transportation, handling and storage, and that Mel Kelly Cakes and Bakes is no longer be responsible for it once it has left the premises.

ALLERGIES

You will be advised about allergenic ingredients of your cake in compliance with the FSA food allergens advice. Allergenic information will be clearly labelled on the box. Please advise me of any allergies or reactive ingredients that you would prefer me to avoid at the time of ordering so that I am aware of it.

Whilst I can do my best to accommodate intolerances, I cannot guarantee that cakes are completely allergen free. I work in a kitchen which frequently uses gluten, dairy, nuts, and other allergens. If you require a more comprehensive list of ingredients or suppliers, please message me, I will gladly assist you. If you or someone who will be consuming the cake has a serious allergy, please note I will, with regret, refuse your order as I will not be able to assist you.

TRANSPORT, STORAGE AND SERVING ADVICE

You will find all specific instructions pertaining to your cake in the “Notes” section of your invoice which will be attached to the cake box. It is your responsibility to read these instructions.

TRANSPORT

Cakes should always be transported in the boot or passenger footwell of your car, and never on a seat or a passenger’s knee. You should never need to bring a passenger to hold your cake but may need someone to help you lift it when you reach your destination. If your cake is heavy, I will always advise you that it would be best with a two man lift. When you lift your cake, please ensure it is kept level at all times. I will always help you with your cake to the car if you require assistance, or if you would prefer me to settle your cake into a suitable place in your car.

If the weather is hot, please have your car cooled as much as possible before you arrive (either by having the windows open to ensure good air flow or the air conditioning running). Never leave your cake in the car for longer than is necessary – if you have errands to run whilst collecting the cake, please ensure I am last on your list before you go home or to the venue.

STORAGE

Your cake is a freshly made item which contains no additives or preservatives. It will always be at its best if consumed within two days. Please store your cut cake in a cool dry place away from direct sunlight and heat sources in the box provided. Do not refrigerate.

When you arrive at your venue, please ensure the staff hold the cake in the dry stores area of the kitchen until ready to display and not in the refrigerator or in a warm area. When displaying your cake, please ensure it is on a sturdy table or surface, away from direct sunlight or heat sources.

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SERVING

You will find a list of any non-edible structural or decorative items which need to be removed from your cake before serving in the “Notes” section of your invoice.

Mel Kelly Cakes and Bakes cannot be held responsible for any damages which occur during transportation, handling, storage, display or serving.

METHOD OF PAYMENT

My preferred methods of payment are via bank transfer to be cleared the day before delivery/collection or (this relating to the remaining balance. The deposit is due on receipt of the invoice), or cash upon collection/delivery.

Please ensure you have the means to have cleared payment by the time you collect, as you will not be allowed to remove the cake from the premises until payment has been received.

COMPLAINTS PROCEDURE

PLEASE NOTE

In the event of a complaint I can only deal with the Customer who placed the original order.

Complaints are very rare and due to the amount of work put into each individual cake, I take them very seriously.

Many minor complaints regarding the decoration of celebration cakes can be easily repaired (human error can and does happen occasionally), so please point out any errors of this nature on collection to give me the opportunity to correct them. Once payment has been received this confirms the decoration is as requested and no further claims can be made. Wedding cake clients will be given the option of preview photographs before delivery and set up. It is the Customer’s responsibility to check that this meets with their requirements and to raise any discrepancies immediately.

Where the complaint is regarding the quality of the cake, then the cake must be returned to Mel Kelly Cakes and Bakes as soon as possible and within 24 hours of collection or delivery to ensure I am able to assess the nature of the complaint fairly and in a timely manner. If you choose to take your cake to a third party for repairs or alterations without prior consent, your warranty is immediately invalidated and you will not be entitled to refund or compensation, as I will not be held responsible for work another person has undertaken.

Both Parties agree not to 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 amicably.

In the event of a complaint, I can only deal with the client who placed the original order.