Terms & Conditions
All Cakes made by Sam Hughes and Aunty Sam’s Cakes are subject to the following terms and conditions.
These are the full terms and conditions under which I operate Aunty Sam's Cakes. Please take a few minutes to read through them before you place an Order with me as it minimises the chance of any misunderstandings or disagreements.
Please note that by placing an Order you accept the terms as set out on this page. On receipt of your Order you will be asked to sign for your Order and will also receive a form which details any allergens and explains whether any inedible items have been used in the construction of your Order.
We are unable to undertake any order which uses images with copyright, where copyright permission has not already been obtained by the customer.
Any cake ordered from a picture or photo of a cake produced by any other cake maker, can only be reproduced by Aunty Sam’s Cakes as our interpretation of that cake and will not be an exact reproduction of the cake in the picture or photo.
Aunty Sam's Cakes and you (the customer) expressly agree that all goods remain the property of Aunty Sam's Cakes until paid for in full.
All designs and intellectual property rights remain the property of Aunty Sam's Cakes.
Unless specifically stated, all models and toppers are designed to be edible.
Where a customer provides a photographic image of a person or creature and requests a cake topper in the likeness of that person or creature, it is understood that Sam is not a professional sculptress and the likeness will therefore be a 'caricature' of that person or creature and our prices reflect this.
It is the customer's responsibility to inform Aunty Sam's Cakes at the time of ordering if there are any special dietary requirements such as allergies etc. as we cannot accept responsibility for any illness or adverse reaction to ingredients if we are not made fully aware at that time.
Sponge, flavoured and chocolate cakes, are made to be eaten on the day of the celebration but if stored correctly may last an additional 3 to 4 days.
Aunty Sam’s Cakes does not guarantee to match up the exact colours and designs you have chosen due to the fact that every cake is handmade by us in our kitchen and may vary despite every effort being made.
We also cannot guarantee that all the product-lines used in the construction of the cake will be available at the time of making. For example, when a supplier de-lists an item such as a 'pre-manufactured white chocolate rose' or a particular ribbon colour design we will endeavour to re-design a cake to reflect as closely as possible the spirit of the original design using replacement products.
ITEMS OR INGREDIENTS ADDED POST-COLLECTION/DELIVERY
Aunty Sam's Cakes will not accept responsibility for any items (edible or otherwise) added to the cake after collection or delivery has been confirmed by the customer (or the customer's representative)
Please read this useful blog by The Cupcake Box, regarding the use of glitter on cakes:
Aunty Sam's Cakes are made in an environment where nuts, peanuts, eggs, milk, soya, sesame and gluten may have been used. For this reason we cannot guarantee that they are completely free from traces of these allergens.
Please be aware that whilst your chosen cake or other item may not specifically be made with nuts or a nut product, it will be prepared in a kitchen where nut products may be used in other cakes, fillings or products.
Raw materials used may not be free from dairy, wheat or gluten except where specifically requested and these will also be prepared in a kitchen where these allergens may have been present in other items. An Allergen Report is produced with every order.
All fruit cakes may contain nuts, or traces of nuts or nut oil unless specifically stated otherwise.
Sugar paste (the soft icing covering the cake) is not designed to be refrigerated and as such cakes with this icing should be stored in a cool dry place, preferably in the box they were supplied in. Refrigeration may cause colours to run and the cake to become dry.
Any edible "toppers" on the cake may become fragile and brittle.
The price for the items ordered shall be as stated on your order form. You agree to pay the full price to Aunty Sam’s Cakes as stated on the order form.
Any quotation provided by Aunty Sam's Cakes is valid for a period of 30 days from the date of issue.
DEPOSIT / BOOKING FEE
All orders require a non-refundable booking fee of 30% of the total cost unless agreed with Aunty Sam’s Cakes.
Any Wedding Cake orders need to be confirmed either in writing or by email 3 months before delivery along with the deposit. The remainder of the price is due 4 weeks before the delivery of the wedding cake. Please note that if you would like me to allocate a date in my work diary for your wedding cake, I will require a confirmation email from you as soon as possible.
No date is secured for anyorder and no contract is made with you until the booking fee is paid. Once this is paid you are in a legally binding contract with Aunty Sam's Cakes.
Payment may be made by Bank transfer or Cash. Cheques can no longer be accepted however we are able to accept payment by debit / credit card in person (not via telephone).
Aunty Sam's Cakes is not VAT registered
In the event that any payment is subsequently declined, the order will not be completed or released until alternative funding arrangements have been agreed and payment is made in full. Subsequent completion of the order will be subject to availability and cannot be guaranteed. Aunty Sam’s Cakes accepts no responsibility for any loss however caused or for non-delivery under these circumstances.
The customer will be responsible for the payment of any additional charges which have been incurred as a result of payment failure.
A signature is required upon collection confirming that you have received your order in good condition and as specified.
All delivery times and dates are subject to availability. If you have a specific delivery date and require delivery before a given time, please specify this when placing your order or as soon as possible. Aunty Sam’s Cakes will try to accommodate your requirements.
It is the customer’s responsibility to ensure they have given Aunty Sam’s Cakes correct delivery information, and that someone is available to receive their order. A signature will be required for the receipt of the order upon delivery.
If the recipient is not in, the order will be returned to Aunty Sam’s Cakes who will contact you to arrange an alternative delivery time for which an additional charge may be payable by the customer. Aunty Sam’s Cakes accepts no responsibility for any loss or consequential loss incurred by the customer as a result.
Please also note that delivery is charged at 45p per mile after the first five miles from Aunty Sam’s Cakes premises to the required delivery address. Therefore, any change in the delivery address may incur an additional charge per mile. A change in delivery address is subject to prior agreement with Aunty Sam’s Cakes.
WEDDING CAKE SETUP
Aunty Sam’s Cakes does not offer a Setting Up service for wedding cakes at this time unless specifically agreed with us in advance, therefore it is the customer’s responsibility to ensure that this is arranged either by themselves or with the appropriate venue. Please ensure, therefore, that the display location is level, stable and strong enough to hold the cake and also remember that chocolate/buttercream cakes can melt in warm conditions such as inside a marquee on a hot summer’s day, or when set up in direct sunlight.
Once the cake has been collected or delivered and signed for, Aunty Sam’s Cakes is unable to accept liability for any interference with or damage to the cake thereafter.
If a cake is to be delivered by Aunty Sam’s Cakes, a signature will be required from your venue management confirming the cake has been received in good condition. A photograph of the cake may be taken prior to departure by Aunty Sam’s Cakes to verify that the cake has been left in good condition.
CANCELLATIONS / REFUNDS
Standard Order cancellations
The following conditions are implemented when an order is cancelled:
1 month from the delivery date – 50% of the total cost will be payable
0 to 1 week from the delivery date – 100% of the total cost will be payable
Wedding Cake cancellations
As your wedding cake booking is reserved solely for you and certain components for your cake(s) may be ordered months in advance, the following conditions are implemented when an order is cancelled:
3 months from the delivery date – 50% of the total cost will be payable
0 to 3 weeks from the delivery date – 100% of the total cost will be payable
In the unlikely event that you have problems with your wedding arrangements, which may include payments for services from Aunty Sam’s Cakes, it is recommended that you take out wedding insurance to cover all eventualities. This will give both you and your wedding service providers 'peace of mind' and will avoid any unnecessary problems.
Should we need to cancel your Order, any monies paid will be refunded. Aunty Sam's 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, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Aunty Sam's Cakes, and Aunty Sam's Cakes shall not be liable for any breach of contract resulting from such an event.
This in no way affects your statutory rights.
DISPUTES & COMPLAINTS
Complaints are very rare so we take them very seriously. This means they may require further investigation so an immediate refund may not be possible. Any refund given for disputes regarding the design or production of an item are completely at the discretion of Aunty Sam’s Cakes and are not automatic.
Upon delivery or collection of the item you will be asked to sign for acceptance of the item. Any errors notified to us prior to this will be investigated and corrected if appropriate. We do not accept any responsibility for loss or damage to the item once it has been delivered or collected from our premises, or for loss, damage or non-delivery under unavoidable or exceptional circumstances.
Any complaints must be lodged with us and all items must be returned within 24 hours of receipt / collectionof your order to ensure we are able to fairly assess the nature of the complaint.
Full refunds will never be given for any item which has been consumed regardless of dispute, as consumption of the item is viewed as your further acceptance that the item is adequate for the purpose for which it has been supplied. The maximum refund we can offer is the value of the item and delivery. Further compensation is not available.
This in no way affects your statutory rights.
We warrant that on delivery or collection the goods supplied shall conform to their description as set out in the Order Form, 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 goods as long as they are made in line with the customer's pre-agreed requirements set out in the Order Form and will face no consequent liability. It is the customer's responsibility to ensure all details within the Order Form are correct and meet their requirements.
This warranty does not apply to any defects in the goods arising from wilful damage, accident, negligence by you or any third party, if you use the goods in a way we do not recommend, your failure to follow our instructions or any alterations you carry out.
This in no way affects your statutory rights.
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.