Order

Monia’s Cakes – general terms and conditions of trade

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1. Our contract with you, the customer

All orders by you, the customer, for supply of goods are subject to these terms and conditions unless varied in writing and signed by both parties. Once an order has been placed your order is considered firm and there will be a contract between us.  The contract will end upon satisfactory receipt of goods.

2. Cake storage, transport and product acceptance

By placing an order with Monia’s Cakes you acknowledge you are aware that:

- Any cakes ordered through our website will be made as close as possible to the order picture, however there may be small differences in colour and decorations used

- Any bespoke cakes which are ordered by using a picture of a cake as an example will be made as close as possible to the example, however there may be small differences in decorations, colour and finish.

- You must inspect the cake upon collection or delivery. Payment on collection/acceptance of delivery will be taken as your acceptance of the visual look of the cake. No complaints about the general look, colour or decorations of the cake will be accepted unless raised on collection/ at the time of delivery.

- All of our cakes and bakes must be refrigerated

- The cakes must be consumed 3-5 days after collection/delivery

- Cakes layered with buttercream must be left outside of the fridge for minimum 1 hour before they are consumed to allow the buttercream to soften (you will be informed if this is required)

- Some decorative items may contain wooden sticks or wires. You are responsible for removing those before edible decorations are consumed, as advised by the shop staff or delivery driver

- Cakes must be transported on a flat surface, free from loose items and secured from sliding around. It is not advised for cakes to be transported by placing it on the legs of a car passenger

- In cases where the customer is responsible for collection and transport of the cake, we take no responsibility for damage incurred during transport.

Monia’s Cakes will bare no responsibility for the quality of ordered cakes in the event of storage and transport instructions not being followed by the customer

3. Payment

The price for our celebration cakes is payable as follows:

• Web order cakes and cakes for delivery: in full at time of order

• Bespoke cakes:

1. Agreed deposit amount to be paid once our price is accepted

2. The balance of the total cost is payable on collection from our store (725 Knutsford Road, WA4 1JY, Warrington)

3. If an order is placed within 30 days of the event the total cost is payable at the time the order is taken

All other products (non-celebration cakes) are payable in full at the time of purchase.

4. Deposit payments

All bespoke cake bookings require an agreed deposit payment to guarantee the booking.
No order will be accepted without deposit payment being received
Deposits are non-refundable. We do allow a possibility of moving the deposit to an order for a later date, depending on availability, or using the deposit amount as a store credit.

5. Cancellation

You may cancel a celebration cake order at any time provided the cancellation is made by the person who placed the order, or another person authorised to act on their behalf, and is communicated to us in writing. As this incurs administrative costs, lost business and impacts on our commitment to other customers, we will apply cancellation charges as follows: 

Days before delivery/collection date

Cancellation charge (percentage of total price):

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7 days or more

Value of the deposit payment

5 days or less

50%

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For wedding cakes:

Days before event

Cancellation charge (percentage of total cost)

60 days or more

10%

30-59 days

20%

10-29 days

50%

10 days or less

100%

 

We may also apply cancellation charges and terminate our services if you fail to pay us on the due dates given under clause 3 or if you become insolvent, appoint a liquidator receiver or administrator, or propose a voluntary agreement with your creditors. We reserve the right to apply an administration fee of £10 for any cancelled celebration cakes.

6. Changes or supply of additional goods or services

Following placement of order, should you wish to make any changes to a celebration cake design, please contact Monia’s Cakes.  We will try our best to accommodate changes requested, however, we are unable to accept changes within the 5-day period before the order is due for collection or delivery. Depending on the change requested, an additional charge may be applied and shall be payable in accordance with the terms of clause 3 and clause 4 in the event of cancellation.

7. Force majeure and liability

If we are prevented from performing our services and delivery by circumstances beyond our control, including but not limited to strikes, accidents, acts of God, national or local disasters, damage to premises, weather, infectious diseases or similar events, then we will cancel the order and refund to you the amounts already paid and we will have no further liability to you.

8. Food allergies

We offer a range of cakes made with gluten free sponge and can also cater for some other allergies, however, all our cakes are baked and decorated in an environment where nuts and other allergens are present. All of our cakes may contain traces of NUTS, MILK, EGGS, WHEAT, SOYA, GLUTEN, LUPIN, SEASAME SEEDS & SULPHUR DIOXIDE. Food allergy information is available on request. We cannot be held responsible for any incidents involving personal food allergies.

9. Complaints

In the unlikely event that you have a complaint about your celebration cake, please inform either Monia’s Cakes delivery driver or a member of the shop staff so that we may have the opportunity to resolve matters immediately. If any problem cannot be resolved at that time, then you should write to us within 48h to enable us to investigate and report to you. Accordingly it is a term of our agreement with you that we cannot entertain complaints made after 2 days as we are deprived of the opportunity to investigate any facts that you may complain of. If we cannot resolve your complaint following your writing to us, you will agree to meet with us to try to resolve matters. If this meeting fails to resolve any dispute, any legal claim you bring will be limited in value to the total cost of the cake and in respect of which any complaint is made.

10. Delivery 

• We offer a local delivery service in our own Monia’s Cake vehicle. We will take all possible care to ensure your cake arrives undamaged if being delivered by one of our delivery team, however please refer to clause 9 of our general terms and conditions of trade in the event of any complaints due to damage caused by delivery.

• We require at least 5 days’ notice for any deliveries. We deliver between 12pm and 3pm Monday to Saturday, excluding Bank Holidays. You may choose a preferred delivery time, however your order may be delivered any time between 12pm and 3pm. In case of a delay in delivery due to circumstances beyond our control, we will aim to contact you as soon as possible

• We highly recommend that you receive delivery of your cake yourself, but in the event that you request for your cake to be left in a safe place or with a neighbour, please make this clear at the time of order. We cannot accept responsibility for any damage or losses caused as a result of this.

• We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

• You are required to visually inspect the order prior to accepting the delivery. Any complaints regarding damage of goods or visuals on the cake will not be accepted unless the complaint is made at the time of delivery

• In case where there is no one available to accept the delivery on the designated day, your cake will be returned to the originating store and you will be responsible for collecting it at a day and time convenient to you, within store opening hours.

11. Hire of equipment

The hiring of equipment, including but not limited to cake stands, will require a hire charge plus a deposit. It is the responsibility of the hirer to return the equipment to Monia’s Cakes as agreed on the equipment hire form.

12. Availability

All orders are subject to acceptance and availability. We reserve the right to cancel your order in the event that:

1. a) we experience supply chain issues outside of our control resulting in insufficient stock to deliver the goods you have ordered;

2. b) we are unable to deliver to your area; or

3. c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your order we will notify you and refund any sums paid as soon as possible but in any event within 30 days of your order. In the event of a pricing error you will be given the opportunity to reorder at the correct price.

13. Jurisdiction

These terms and conditions are governed by English Law and the exclusive jurisdiction of the English courts.