Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customer and LivsCupcakes. 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 LivsCupcakes.

Cake layers are approximately 3 inches each and our standard tiers are 3 cake layers . If you would like a taller cake this needs to be requested at the time of booking.

No contract is made with you until we have received your booking fee/payment. Once your booking fee/payment has been received you are in a legally binding contract with LivsCucpakes.

The 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 any sketches 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 anything although we make every effort to ensure that allergies are accommodated.

We cannot guarantee an exact replica of any other cake makers work but can take inspiration from them. Where colour swatches are provided we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.

Any dowels used are for support and these should be removed before consumption.

Delivery and Collection

All orders may be collected free of charge from LivsCupcakes by prior arrangement. All orders must be collected on the chosen collection date, missed collections can be collected the next Livscucpakes working day (Tuesday to Saturday). We accept no responsibility for any damage sustained to the cake once it has left the premises.We recommend to transport cakes in the passenger footwell of your car and drive slowly avoiding sharp corners and harsh braking. If the customer has a representative collect the order we will send a picture where possible of the order as it was before collection only when we are notified in advance a representative is collecting.

If delivery has been requested we will deliver the cake on the day set out in the order confirmation to the address provided. LivsCupcakes will always do the best it can to ensure delivery times  agreed are achieved however the Company cannot accept liability for delays such as traffic.If no one is in to receive your order it will be returned to our kitchen and not be redelivered, the order must then be collected on our next working day at an agreed time. If you request for us to leave your order in a safe place or neighbour we will photograph this however we are not liable for any damages due to this. 

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

Failure to collection during your collection time and date and failure to contact will result in Livscupcakes holding your order for up to 4 days after failed collection/delivery. We will attempt to contact you in this time however after 4 days will dispose of your order. Collections must be during our working week of Wednesday to Saturday at an agreed time. 

Should you be unable to collect during your agreed collection time and date we will do our best to accommodate a change, which may be an earlier or later time, however Livscupcakes is not liable should we be unable to accommodate a different collection time. You will be offered our next available collection time. 

Price and Payment

The price of your cake will be as set out in your order confirmation. A 25% booking fee is required for wedding cake orders (subject to a minimum of £50) and a £20 booking fee for all other cakes, this may differ depending on the order value. For Wedding Cakes 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. For custom cupcake/other treats/package orders full payment is required by the date specified in the order confirmation, this is usually 7 days prior to collection but may differ depending on the order value.

Please note all booking fees 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, cash or payment by paypal to Livscupcakes1@gmail.com

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 fulfil the original date quoted. 

Cancellation, postponement and alterations

You may, prior to 8 weeks before the wedding day, or 7 days for celebration cakes, amend or cancel your order by providing us with written notice or email. 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. The booking fee will not be refunded once paid and can be moved to another date at the discression of Livscupcakes if 8+ days notice for cancellation or reschedule is given. For orders with more than 8+ days of notice to cancel a refund of the balance minus the booking fee will be elligible to be refunded. Cancellations with less than 7 days notice will not be elligible for any kind of refund.

In the unlikely event that we need to cancel your order any monies paid will be refunded.LivsCucpakes 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 LivsCupcakes, and LivsCupcakes shall not be liable for any breach of contract resulting from such an event.

Complaints –

Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously.

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 sometimes 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. Once the order has been collected or accepted upon delivery this confirms that decoration is as requested and no further claims can be made.

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.

For missing postal orders we must allow up to 7 working days for delivery, we are not responsible for delays.

General Terms

We reserve the right to use images of your order 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 LivsCupcakes 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.

Balloons

£20 minimum or 25% booking fees are required to secure a date/time for collection/delivery/set up. The remaining balance is due 7 days prior to collection/delivery. Late payment can result in the order being unable to be fulfilled or fulfilled entirely. All balloons must be inspected by the customer at the time of collection/delivery and any issues raised at the time. Balloons must be stored correctly at not near sharp object, high heat or cold. Any of our rental items must be returned or when collected be in the same condition as they arrived in. We will seek to claim damages of our rental equipment should we need to. 

Discount codes.

At any time Livscupcakes reserves the right to cancel a discount code. Discount codes are subject to their own conditions laid out on our website when we promote the discount code. 

ScratchCards

Livscupcakes reserves the right to not accept any scratchcards in store or cancel any online order if we believe it has been misused. We also reserve the right to not accept them during busier periods, we will always advertise this in advance on social media. Our Scracthcards in circulation are valid for 2021.