Terms and Conditions

Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customer and Zig Zag Cakes. These terms, your order invoice are considered by us to set out the whole agreement between you and us for the sale of the cake(s). It is your responsibility to check all details in the order invoice are complete and accurate as this is the document we work to when completing your order.

Terms used within this document:

• Booking Fee – This is a combined fee that covers both a deposit and advanced payments in order to both reserve the goods / services and to allow expenses for the contract to be carried out until finally settled.

Basis of Sale

Any samples, drawings, or descriptions we issue and any descriptions or illustrations contained on our website and social media are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of Zig Zag Cakes.

Quotations are valid for a period of 30 calendar days from the day of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 3 to 4 inches deep as standard. If you would like a deeper or shallower cake this needs to be requested at the time of booking.

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 Zig Zag Cakes.

The Cakes

We warrant that on delivery or collection the cake(s) shall conform to their description as set out in the order invoice, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements as specified in English law.

Variations in devolved regions will also be taken into consideration.

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 customers pre agreed requirements set out in the order invoice and will face no consequent liability. It is the customers responsibility to ensure all details within the order invoice and images of the proposed design are correct and meet their exact requirements.

The warranty does not apply to any defect in the cake(s) arising from wilful 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 nut free although we make every effort to ensure that allergies are accommodated.

We cannot guarantee an exact replica of any cake, but we will do our best to make it so. Where colour swatches are provided, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.

Images, script, characters, designs etc., which are protected by UK or international copyright laws will not be used unless either the customer or Zig Zag Cakes have obtained written consent from the copyright holder. Should the customer wish to add these after the point-of-sale appropriate spaces can be left.

Zig Zag Cakes are not licenced for the sale of alcohol. Should the customer wish to add any items e.g., miniature bottles of alcohol, after the point-of-sale arrangements for suitable spaces to be left can be agreed

Due to the complex nature of potential issues, and following advice from the Foods Standards Agency (FSA) ZigZag Cakes does not permit the use of fresh flowers or other articles and materials at any stage, including post-delivery and set up, by any person for decoration or otherwise on any of its provided products.

From time-to-time certain materials for our cakes may become obsolete or suffer supply issues. 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 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. Images need to be provided no later than 4 weeks prior to the event.

Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption.

Any changes requested by the client to the cake(s) after the initial designed is agreed, may attract additional cost subject to the nature of the change.

The cake is a fresh product and it is our right to assume consumption on the day requested. Cakes 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.

Zig Zag Cakes and the client expressly agree that the cakes and all goods purchased from Zig Zag Cakes remain the property of Zig Zag Cakes until paid for in full.

Samples – These can be provided on request. These will be in the form of a taster box containing a variety of flavours. The cost of these is £20.

Delivery and Collection

All orders may be collected free of charge from Zig Zag Cakes by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises.

If delivery has been requested, we will deliver the cake on the day set out in the order invoice to the address provided. We do not offer specific delivery times. Zig Zag Cakes 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 and time shall not be of the essence.

If the delivery address changes after the order has been confirmed, additional charges may be added to cover extra mileage and time.

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 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 any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.

On occasions, clients may wish to set up the cake themselves. Zig Zag cakes will ensure that the cake is prepared as far as reasonably practicable for this and will offer advice in relation to that specific product. Zig Zag Cakes will not be responsible for any errors, damage, omissions or alterations made by the client or their agent in the set-up of the cake and any actions or incidents caused.

Advice will be given on the correct mode of transportation and storage. Failure to adhere to such advice resulting in damage or other incident will be the sole responsibility of the client.

If for any reason you fail to collect your cake order, we reserve the right to take action to recover any balances outstanding.

Price and Payment

The price of your cake will be as set out in your order invoice. No Vat is payable on the cake(s).

Celebration Cakes – A 50% booking fee is required when placing the order. Any outstanding balance can be settled by bank transfer prior to collection, or by cash on collection. The cake will not be released until the account is settled in full.

Wedding Cakes – A minimum booking fee of £50 (subject to the value of the order) is required for wedding cake orders. In the event of a cancellation by the client it will be at the management’s discretion whether a full refund, part refund or no refund of this figure will be made.

A detailed order invoice 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.

The balance must be paid in cleared monies no later than the date set out in the order invoice by bank transfer to the account specified or cash.

If payment is not received by the date specified this shall be constituted as breach of contract by the client and may be considered to be a cancellation of the contract / order by them. 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 invoice. In these circumstances the cake will be made as close to the order invoice as possible with no redress or liability on Zig Zag Cakes.

Clients are encouraged to contact us at the earliest opportunity if any issues arise so arrangements can be made as appropriate.

Cancellation, postponement and alterations

In the event of a cancellation by Zig Zag Cakes, a full refund of monies paid to that date will be made and cancellation of any outstanding fees.

A client will be deemed to have cancelled either them providing written notification to ZigZag Cakes or by non-response to any attempted contact by ZigZag Cakes to them e.g no response to emails, telephone calls etc after the final payment due date has passed.

In the event of a cancellation by the client, charges are as follows;

• Should the event be postponed with a new date/time arranged and the new date/time is acceptable to Zig Zag Cakes then any fees so far paid will be transferred over without charge. However, should the event be rearranged to a new venue where delivery, set up etc was to be carried out, and incurs extra expense e.g extra mileage then this will be added to the final settlement figure. An amended order invoice will be issued

• Should the new date/time not be acceptable to Zig Zag Cakes, it will be deemed that the contract has been terminated by the client. A balance of the booking fee will be refunded which will have any reasonable expenses deducted from it. This can include admin costs, products ordered for the cake, etc.

NB – Admin costs include time engaged on telephone calls, emails, messages etc. They are calculated as a minimum of 1 hour @ £15 per hour.

Clients should ensure they communicate any proposed changes in advance to Zig Zag Cakes to minimise any disruption to the event.

Zig Zag 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, hostilities, non-availability of materials or supplies or any other event outside the control of Zig Zag Cakes. Zig Zag Cakes shall not be liable for any breach of contract resulting from such an event. We advise you to purchase wedding insurance (if applicable)

Zig Zag 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 Zig Zag Cakes. statutory liability for death or personal injury arising from any negligence on Zig Zag Cakes’ part or liability imposed by statutory implied terms in Consumer Contracts.

Complaints

Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously. Any issues must be brought to our attention within 24 hours of 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.

Complaints regarding the decoration of celebration cake can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give us the opportunity to correct them.

Where the complaint is in regard 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 24 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.

General Terms

All designs and intellectual property rights remain the property of Zig Zag Cakes.

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 Zig Zag Cakes for your own benefit.

This Agreement together with order invoice 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 here.