TERMS AND CONDITIONS

1 DEFINITIONS

Buyer: the person named as the customer on the order form and invoice

Seller: Palo/Mike Barker T/A Barker Bakes, 54 Cotysmore Road, Sutton Coldfield, West Midlands B75 6BL

Conditions: the terms and conditions as set out in this document and any special terms and conditions agreed in writing by the seller

Goods: the cakes (and/or ancillary associated items), and/or chocolates which the Buyer agrees to buy from the Seller.

Price: the price for the Goods.

2 CONDITIONS

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant of these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of the Seller.

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

3 PRICE

3.1 The Price shall be the price quoted on the Seller's invoice or order form (if no invoice is to be prepared due to late notice or full payment on order).

3.2 The Price for chocolates is the price listed on the web at the time of order processing and payment by the customer. If for any reason the items you have ordered cannot be despatched within 3 working (being Monday-Friday) days, we will contact you for your choice of replacement or to arrange a later delivery of the order or to issue a full refund if preferred.

3.3 Orders can also be placed for a future despatch date specified by the customer, using the price prevailing at the time of booking.

4 PAYMENT TERMS AND INTEREST

4.1 A minimum £75 deposit is required on placing the order for a wedding cake. Payment of 50% of the remainder is due 3 months prior to the wedding and the balance for the wedding cake shall be due within 14 days of the date of the Seller's invoice and one month prior to the delivery of the cake.

4.2  A minimum £25 deposit is required on placing the order for a birthday cake. Payment of the balance for the birthday cake shall be due within 14 days of the date of the Seller's invoice and one month prior to the delivery of the cake.

4.3 Payment for chocolates is required in full upon ordering, regardless of the required delivery date, this can only be varied by written prior agreement between both parties.

4.4 Orders for favours, where the required date is more than 1 month in advance can pay a mnimum deposit (£75) on booking and the balance a month before the required by date.

4.5 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

5 GOODS

5.1 The quantity and description of the Goods shall be as set out in the Sellers order form/website description  and, as supplemented by the Seller's design and documented (by the Seller) variations on that design (if appropriate).

6 WARRANTIES

6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the order form/website. Every care is taken to interpret designs and match colours. Because our cakes, chocolates and decorations are handmade a perfect colour match and design interpretation cannot be guaranteed for specific customisation.

6.2 All our cakes and chocolates leave our premises in good condition.

6.3 Sponge cakes to be eaten within one day and fruit cakes within fourteen days of collection/delivery. Sponge cakes not being eaten on the day of delivery should be stored correctly to maintain freshness, details of which can be obtained from Barker Bakes, and are also available on the website.

6.4 Hand made chocolate truffles (made with fresh cream) to be eaten within 2 weeks of delivery and stored correctly to maintain freshness, details of which are provided on the website. Other handmade chocolates to be eaten within 1 month and to be stored correctly to maintain freshness, details of which are provided on the website.

6.5 All our cakes and chocolates have been made in a kitchen, in which nut ingredients are used.

6.6 The number of servings per cake is only an approximate measure.

6.7 The sizes of handmade chocolates/truffles are approximate but at at least the minimum amount listed on the website for each category will be supplied.

7 DELIVERY OF THE GOODS

7.1 Delivery of cakes shall be made to the buyers nominated delivery address as specified on the order form.

7.2 The buyer shall make all arrangements necessary with the wedding co-ordinator / Duty Manager / nominated representative to take delivery of the cakes on the day notified by the Seller.

7.3 Postal deliveries (i.e. for chocolates) will be sent by Royal Mail, within 3 working days of the order being processed and payment being received, unless a future date is required e.g. for wedding favours, gifts etc.

7.4.All efforts will be made to achieve the date required, however we cannot guarantee a date as this is dependant on a 3rd party's performance which we cannot control, and delivery may also be subject to the recipient being available to sign for the goods (if signed delivery is required). It is the customers responsibility to ensure that accurate address details  and despatch requirements are supplied.

7.5 Orders requiring longer notice e.g. favours, will be despatched according to the minimun notice period as stipulated on the website/order form (currently 2 weeks). If they cannot be despatched in that timescale the customer will be contacted and offered the earliest possible delivery schedule or a full refund if preferred.

7.6 Shipping is currently only available to UK mainland addresses. Worldwide shipping will be introduced at a later stage.Shipping Rates (for chocolates) is first class Royal Mail delivery and is on working days:

7.5 Signed delivery can be requested at an additional charge of £1 per item.

8 ACCEPTANCE OF THE GOODS - CAKES

8.1 The buyer shall be deemed to have accepted the goods 24 hours after delivery to the nominated delivery address.

8.2 The buyer shall be invited to carry out a thorough inspection of the Goods at an agreed time prior to delivery, either in person/ via a representative/ or via photos sent by email/post.

8.3 Any requested changes to the agreed design will be charged at a rate determined by the Seller.

8.4 The buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery to the nominated delivery address and shall give written notification and photographic evidence or cake samples to the seller within five days of delivery of the goods of any defects which a reasonable examination would have revealed.

8.5 Where the buyer has accepted, or been deemed to have accepted the goods, the buyer shall not be entitled to reject Goods, which are not in accordance with the contract.

9 CANCELLATION & RETURNS POLICY

9.1 All non-refundable deposits are retained for cake orders, the balance (if payment is made in advance) will be returned if the cancellation is at least 3 months prior to the wedding. Where work has begun, a pro-rata refund of the balance, will be made after deductions for work already begun or completed or other expenditure incurred to fulfil the order. Any cancellation less than one month prior to the event will lead to full forfeiture of all payments made and due as we will have declined business to meet this order and will not be able, at such short notice, to book alternative orders. Interest for late payment will also be due and charged at the prevailing bank base rate.

9.2 You may cancel your chocolate order any time prior to despatch, and a full refund will be issued (less a nominal discretionary handling charge if processing has been carried out). Please contact us by telephone 0121 311 1624 immediately (but within our normal business hours).

9.3 If your chocolates arrived in a damaged condition or your are not entirely satisfied with your chocolates then advise us within 7 days of receiving the delivery and return them to us within 10 days, upon receipt and verification we will then send a replacement or refund your money. This does not affect you statutory rights. Please note for claims made where it appears an excessive number of chocolates  were eaten prior to return will lead to a commensurate reduction in the refund applied.. 

9.4 Due to the nature of our product, which has a very limited shelf life, we cannot re-sell  your order, so no refund can be made, unless the goods  are sub-standard or damaged

10 RISK

10.1 Risk shall pass to the Buyer on collection or on delivery of the Goods to the nominated delivery address.