The Boring (but necessary) stuff...
Terms & Conditions
Standard Terms and Conditions of Trading
These terms form the basis of the contract between our customer and Le CakePop. 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 Le CakePop products. It is your responsibility to check all details in the order confirmation are complete and accurate as this is what 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 products they describe and remain the property of Le CakePop
Quotations are valid for a period of 30 calendar days from the day of issue.
No contract is made with you until we have received your deposit. Once your deposit has been received you are in a legally binding contract with Le CakePop.
We warrant that on delivery or collection the Products 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 products 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 are correct and meet their exact requirements.
The warranty does not apply to any defect in the products arising from wilful damage, accident, negligence by you or any third party including a courier if your products are being shipped in this way, if you use the products 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 product is entirely nut free although we make every effort to ensure that allergies are accommodated.
We will not provide an exact replica of any product but we will do our best to create the product to your specifications. 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 product design. If a wedding cake is to be dressed with fresh flowers these are to be provided by your florist with whom we can liaise if you wish. 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. We recommend that your florist liaise directly with us to confirm detail about the size of cake being dressed to avoid any miscommunication.
From time to time certain materials for our products 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.
Our products are fresh containing no additives or preservatives and it is our right to assume consumption on the day requested. Category A products 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. Category B products should be kept refrigerated.
Le CakePop and the customer expressly agree that all goods purchased from Le CakePop remain the property of Le CakePop until paid for in full.
Delivery and Collection
All orders may be collected free of charge from Le CakePop by prior arrangement. We accept no responsibility for any damage sustained to the products once they have left the premises.
If delivery has been requested we will deliver the products on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. Le CakePop 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.
When delivering to a venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the products we shall take a photograph of them before leaving and, where possible, obtain a signature from the venue confirming the products have been received in good condition. Should the venue need to set up the products themselves we shall explain how the products are to be displayed and where possible obtain a signature to verify we have done so. Once the products have been delivered we are unable to accept and liability for any damage sustained to the products thereafter nor any failure to follow the instructions provided.
If the products are delivered with a stand, a stand hire fee will be added to your invoice. All stands must be returned to us in a good, clean condition within 3 days of the event, or be collected by us at the venue in the same conditions which they arrived. Any damages to stands will incur a cost (determined by the size of stand and outlined in your invoice notes).
Price and Payment
The price of your products will be as set out in your order confirmation. No Vat is payable on the products. A 50% deposit is required for all orders and payment in full is required for all orders under £80. 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.
Please not all deposits are non refundable and non transferable.
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. Late payments will 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 products as laid out in the order confirmation. In these circumstances the products will be made as close to the order confirmation as possible with no redress or liability on Le CakePop.
Cancellation, postponement and alterations
In the event of a cancellation by yourselves, charges are as follows;
More than ninety days prior to the date = deposit only
Ninety days to one calendar month prior to the date = deposit plus 50% of the total order 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 event date. Please be aware that we will only do this on one occasion. Any further postponements will be classes as a cancellation.
You may, prior to 8 weeks before your event date, amend or cancel 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 make any changes after that time there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking.
In the unlikely event that we need to cancel your order any monies paid will be refunded. Le CakePop 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 Le CakePop, and Le CakePop shall not be liable for any breach of contract resulting from such an event.
Le CakePop’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 Le CakePop, 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.
Any agreed refunds following a complaints process will be carried out within 30 days of agreement.
Le CakePop 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 Le CakePops statutory liability for death or personal injury arising from any negligence on Le CakePops part or liability imposed by statutory implied terms in Consumer Contracts.
Complaints are very rare and due to the amount of work put into each individual order we take them very seriously. Any issues must be bought to our attention with 48 hours on 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.
Where the complaint is in regards to the quality of the products then the products, must be returned to us as soon as possible 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 client who placed the original order.
All designs and intellectual property rights remain the property of Le CakePop
We reserve the right to use images of your products 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 Le CakePop 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 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.
Le CakePop is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Le CakePop have the right to change this policy from time to time by updating this page without prior notice. You should check here occasionally to ensure that you are happy with any changes which have been made. This policy is effective from 15th February 2019 09:13
1. What information will Le CakePop collect about me?
2. What will my data be used for
3. Le CakePop security measures
4. Website Content
6. Links to other websites
7. Le CakePop on controlling your personal information
1. What information will Le CakePop collect about me?
Le CakePop will only collect and store information on you when browsing our site (www.lecakepop.com) or if you use the 'Get in Touch' section on the website. When contacting Le CakePop through the website, Le CakePop will then save your name and email address and corresponding message.
2. What will my data be used for?
Le CakePop will only use your name and email address for the purpose intended. A trusted member of the Le CakePop team will read your query and write a response and send it to the email address provided. After the email has been sent, your name, email address and message will be removed from our system unless stated on the email that it shall be retained for any particular reason.
Le CakePop will NOT pass your name or email address to any third party companies or use this information in an unlawful manner. [see: 7. Controlling your personal information]
3. Le CakePop security measures
Le CakePop are committed to ensuring that your information is kept safe and secure. In order to prevent unauthorised access to your name or other details we will only use secure machines which have up-to-date virus protection and that are physically secure.
4. Website content
The content on the website is supplied and continually updated by members of the Le CakePop management team. Pictures, text, videos and all other media placed on the website have been agreed by clients of Le CakePop, and if under the age of 16, parental permission given to be placed on the website and to be shown on the public domain. These pictures, text, videos or any other media may NOT be used for any other purpose without the sole permission of the director of Le CakePop who can be contacted by using the 'Contact Us' section of the website.
A cookie is a small file which is placed on your computer's hard drive and helps Le CakePop traffic pages on our website. This allows us to check the number of 'hits' or visitors to a particular page on the website and what information is looked at the most. This data is only used for statistical analysis purposes.
Cookies do not give us access to your computer or any information about you.
6. Links to other websites
7. Controlling your personal information
Le CakePop will not sell, distribute or lease your personal information to third parties unless required by law to do so. We may send you marketing information about our company through a mailing list if you have given us sole permission to do so, however we will not send you information about any other third party companies.
Through the right of access, you may request details of personal information which we hold about you. If you would like a copy of the information held please ask via the 'Get in Touch' section on the website.
If you believe that any information we are holding about you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.