Standard Terms and Conditions of Trading
These terms form the basis of the contract between our customer and Sherbert Moon Wedding Cakes. 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 Sherbert Moon Wedding Cakes and must not be copied or replicated.
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 booking fee. Once your booking fee has been received you are in a legally binding contract with Sherbert Moon Wedding 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 willful 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 free from any particular allergen, although we make every effort to ensure that preferences are accommodated. Our clients are always advised during consultation that we are not certified and insured as allergen free bakers and therefore, anyone with a food allergy just not consume these products.
We cannot guarantee an exact replica of any cake but we will do our best to meet key elements that are important to you. Where colour swatches are provided we will do our best to match as closely as 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. We recommend that your florist liaise directly with us to confirm detail about the size and proportions of the cakes being dressed to avoid any miscommunication.
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.
Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption.
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 displayed in a dry place, at room temperature, away from direct sunlight and sources of heat and must not be moved or tampered with after set up. They should NOT be refrigerated by the venue before the event as this may lead to cracks and damage to the finish, though they will safely keep for up to one week afterwards if properly wrapped, sealed and refrigerated.
Sherbert Moon Wedding Cakes and the customer expressly agree that the cakes and all goods purchased from Sherbert Moon Wedding Cakes remain the property of Sherbert Moon Wedding Cakes until paid for in full.
Delivery and Collection
We do not normally allow customer collection of cakes but in the unusual event that this is agreed, we accept no responsibility for any damage sustained to the cake once it has left the premises.
We do not offer specific delivery times but will liaise with the venue to ensure your cake is ready for your reception.
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.
Price and Payment
The price of your cake will be as set out in your order confirmation. No VA is payable on the cakes. A £100.00 non-refundable booking fee is required for wedding cake orders and a detailed order confirmation will be issued detailing the final balance and payment detail. No further payment reminders will be sent and it is the responsibility of the client to ensure payment is on time.
Please note that all booking fees are non refundable and are not guaranteed to be transferable as they constitute payment for time designing and consulting/liaising with you, and also the loss of other potential business on your pre booked date. They will however, be deducted from your total balance.
The balance must be paid in cleared monies no later than one calendar month before the date of delivery by bank transfer to the account specified. Late payments may delay the work to your cake and this could potentially affect the finished product.
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 Sherbert Moon Wedding Cakes.
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/booking fee only.
Ninety days to one calendar month prior to the date = deposit/booking fee plus half the remaining cost.
Less than one calendar month prior to the date = full amount
Any payments you have already made are not refundable- please do NOT make early payments for this reason.
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. where possible. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancellation.
In the unlikely event that we need to cancel your order, any monies paid will be refunded. Sherbert Moon Wedding Cakes 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, pandemic conditions, hostilities, government action, non-availability of materials or supplies or any other event outside the control of Sherbert Moon Wedding Cakes . Sherbert Moon Wedding Cakes shall not be liable for any breach of contract resulting from such an event. In the event that such events make the cost of materials prohibitive, we will give you the option of paying the difference if the materials are available , or we will work with you to create a suitable alternative as near as possible to your agreed design.
Sherbert Moon Wedding Cakes 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 Sherbert Moon Wedding Cakes, 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.
Sherbert Moon Wedding Cakes 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 Sherbert Moon Wedding Cakes’s statutory liability for death or personal injury arising from any negligence on Sherbert Moon Wedding Cakes’s part or liability imposed by statutory implied terms in Consumer Contracts.
We hope this NEVER happens!
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 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.
Please note we can only deal with the client who placed the original order.
All designs and intellectual property rights remain the property of Sherbert Moon Wedding Cakes. You may not use any element of our emails, designs or sketches.
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 Sherbert Moon Wedding Cakes 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.