Welcome to stuartthornleycakedesign.co.uk (the ‘site’ or ‘website’).  By using this site you are agreeing to follow and abide by our terms and conditions and privacy policy. Throughout these terms, we will refer to ourselves as ‘Stuart Thornley Cake Design’, ‘us’, ‘we’ or ‘our’ – this means ‘Stuart Thornley Cake Design’. We may revise the Terms and Conditions and Privacy Policy at any time without notice to you. For this reason you should look through them as often as possible.

 

1. Your Order

1.1 All details provided at the time of placing your order including cake designs, photos and contact, will be included, for your reference and approval, on an Order Confirmation Form that we forwarded to you on placing your order (from now on known as OCF), or on the invoice sent. At this time, a temporary slot is held for your requested order date.

1.2 All orders are prepared strictly to the details described on the OCF/invoice.

1.3 Payment of the deposit confirms you are happy with the details on the OCF/invoice and that you are accepting our terms and conditions.

1.4 It is your responsibility to thoroughly check all information on the order form/invoice is correct prior to paying the deposit, as we will not be liable for any errors.

1.5 An order is held temporarily for 7 days only, the order will be secured once a deposit has been paid.

1.6 Failure to pay the deposit within 7 days will result in cancellation of the temporary slot held for your order. This position will then be given to another customer.

1.7 Failure to pay the final balance for an order by or on the due date will result in the cancellation of your order.

1.8 Orders of less than £30 & Orders placed within 4 weeks of the collection/delivery date will be required to pay in full upon booking.

1.9 We do not and never accept "verbal" orders; all orders must be confirmed in writing by email.

1.10 It will be your responsibility to make sure that you can receive emails at all times. We will not be held liable in the event that you miss any of our reminder emails (for cake order, deposit or final payments).

1.11 Any quotes given for work only remain valid for one week after given.

 

2. Your Cake

2.1 Models and flowers may contain wire, beads, crystals or cocktail sticks, which should not be eaten. It will be your caterer's responsibility to remove these, as appropriate, before serving the cake.

2.2 In some extremely rare cases it may be necessary to slightly change a colour or vary a product from the picture on our site as certain cake decorating items may from time to time be unavailable by our suppliers. However, we will substitute the original product with an equal or better quality product. You will be notified upon order request if such change is to take place.

2.3 All of our sugar crafted figurines, models and decorations are fully and individually handmade and not machine manufactured. Therefore, they vary slightly to the ones displayed on our website.

2.4 We will notify you of any product containing nuts or gelatin on the product label. However, since our kitchens do handle nuts we cannot guarantee traces of nuts will not be found in our products and we do not accept any liability for any damage to health or any distress caused to you by the consumption of such products.

2.5 Portion guides are only approximate and dependent on correct cutting (Our recommended portion size is 1” x 2”). We cannot be held responsible for shortfalls in portions.

2.6 All orders should be stored in a cool and dry area, on a flat sturdy surface.

2.7 Never place orders in the fridge prior cutting as colour may run.

2.8 Our order setup delivery entails assembling multi-tiered cakes/stands impossible to deliver as a whole. Setup does not include cake table or area decoration.

2.9 We reserve the right to photograph the order on delivery and these photographs remain our property.

2.10 The colours of our orders are matched closely but they may not always be identical to the ones shown on our website. The website pictures are a guide only and the final product may vary slightly. The colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.

2.11 Your order is fresh on the day of delivery to, or collection by, you and will remain fresh from the time of delivery or collection, until the best before date, if kept by you at an ambient temperature in the box provided. Orders placed in a fridge or kept for a time longer than the best before date are done so at your own risk and we are not liable for any deterioration of the order in these circumstances.

2.12 As taste is a very personal matter and subjective we cannot accept the return of any orders merely because you do not like the taste.

 

3. Prices & Descriptions

3.1 All prices are as stated on our website, but we reserve the right at any time to revise the price of goods without notice. We have taken care in preparing the content of our website to ensure all goods have been fairly described. However, actual goods may differ slightly to those described. Weights, sizes and dimensions are approximate. Whilst every effort to ensure that all prices are correct, no responsibility will be accepted for errors or omissions.

3.2 Should a product be listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.

3.3 We have the right to withdraw any product from our website for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

 

4. Collection/Delivery

4.1 We will only make one attempt to deliver an item. Please ensure you or someone is available to receive your order at the allotted time. If you miss a delivery you must make arrangements to collect your order from us.

4.2 We cannot accept any responsibility for deterioration of the order in the following circumstances: If you failed to collect on the arranged day, or you were not available to receive the order during the delivery slot agreed for you.

4.3 We cannot accept responsibility for damage caused by you, the event venue, or by any persons nominated by you to collect your order, if they are damaged during transit to your home, provided you have signed for the order on collection and agreed they were in good condition.

4.4 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any product which is not raised by you within 24 hours of delivery by us or collection by you or your nominated person.

4.5 Delivery is free within a 10 mile radius of our postcode (SK16 4XD), with the exception of Manchester city centre addresses, within our allotted delivery slots, for orders of £30 or over. City centre deliveries and deliveries in peak times such as rush hour will incur a charge of £1 per mile.

4.6 Deliveries outside a 10 mile radius of our postcode will be charged at £1 per mile for each additional mile.

4.7 We will deliver the order to the address you specify. It is important that this address is accurate. Please be precise about where you would like the goods left if the intended recipient is out when we deliver. We cannot accept liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.

4.8 We recommend that in cases where the person placing the order is not the recipient of the delivery they advise the recipient to expect a delivery. 

4.9 For orders where a third party will accept and sign for the delivery on the recipients behalf e.g. a hospital, airport, college, university, workplace, secure housing with a doorman etc. the signature of any person authorised to accept a delivery on behalf of the customer shall be accepted as proof of delivery. We recommend that customers inform any such third party to expect their delivery prior to placing an order to ensure that there is no delay in the recipient receiving their gift.

4.10 We will aim to deliver the goods by the time quoted for delivery. These times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control (such as traffic jams, road closures, and accidents, road works or bad weather conditions) we will inform you as soon as we possible of any delay.

4.11 We advise customers to check the order at the time of collection/delivery, once received, we will assume the customer is satisfied and we will not accept any further responsibility. It is your responsibility to check for any damage, after the customer has received the order it is the sole responsibility of the customer. Any repairs or adjustments will incur additional charges.

4.12 Once the order leaves our premises or if the order is to be left unattended at the venue, we cannot be held responsible for any damage or loss occurring after we have left the venue.

4.13 In the unlikely event that our delivery vehicle becomes involved in an accident, and your order gets damaged, we will provide you with a full refund which will include the cost of the order and delivery fee. We will not be liable to any further charges.

4.14 Venue parking should be available for delivery. If unavailable, any parking fees will be added to your final payment.

4.15 Any repair work called upon due to damage caused by yourself, or the event venue, will be invoiced, with full payment due within one month. This will be invoiced to the you, the client. Should the damage have been caused by the event venue it is up to you, the client, to claim this back from the venue.

4.16 Deliveries of orders of below £30 are charged at £1 per mile.

 

5. Order Notice Periods

5.1 We do ask for as much notice as possible for orders and a minimum of 4 weeks is required for most. We recommend giving as much notice as possible for wedding orders, to ensure we are available on your date. However we do aim to please and we may be able to produce last minute orders depending on the requirements and workload at the given time.

5.2 Any alterations to the original order must be confirmed in writing and will be subject to an additional charge. Late amendments to orders are often possible and every effort will be made to accommodate changes, but this cannot be guaranteed.

5.3 we cannot make any alterations to the original order 4 weeks before it is to be collected/delivered.

 

6. Deposit & Final Payment

6.1 A 25% deposit is required to secure your booking. This is non-refundable/non-transferable and payable within 7 days of receiving your OCF/invoice from us. If the deposit has not been paid in this time, after an email reminder, your order will automatically be cancelled.

6.2 for Orders of £30 & less full payment is required upon booking.

6.3 all christmas & Easter orders require full payment upon booking.

6.4 In the case of short notice orders placed within a 4 weeks notice period, full payment is required on ordering

6.5 The final payment of 75% is required one week before collection/delivery of your order.

6.6 If the final payment has not been made by or on the due date, after an email reminder, your order will be automatically cancelled.

6.7 Payments can be made by cash or credit/debit card.

 

7. Discount Codes, Loyalty Schemes & Gift Vouchers

7.1 Discount codes, loyalty schemes and gift vouchers are only valid until the date stated.

7.2 They are non-transferable and there is no cash alternative.

7.3 They can only be used at the specified locations for the items described.

7.4 Discount codes & gift vouchers must be shown at the time of placing an order.

7.5 Rewards for loyalty schemes are as stated and can not be exchanged for alternatives or cash.

7.6 Discount codes given as a result of a subscription become invalid when the subscription is cancelled.

8. Stand Hire

8.1 Hire of cake stands is at our discretion. The stands remain our property, and you agree to return the stand to us in complete and without damage, within 3 days from the event date. If a longer hire period is required this must be arranged on booking and will be subject to an additional hire fee.

8.3 If the stand is not returned to us by the due date, the stand hire deposit will not be refunded as a new stand will have been ordered.

8.4 If you require the stand to be collected from the venue after the event, this should be confirmed on booking and will be subject to an additional fee. The venue should be made aware that we will be collecting the stand and have the stand ready to collect.

8.5 Damaged/missing pieces or packaging will be charged to you at their replacement cost, including any postage/handling charged to us by the supplier. We will take payment for this from the stand hire deposit.

8.6 To help prevent damage, we agree that you may return the stands to us unwashed.

8.7 Stand hire is only available when placing an order with Stuart Thornley Cake Design. Only Stuart Thornley Cake Design products may be displayed on the stand.

 

9. Cancellation Rights

9.1 Under the Distance Selling Regulations you do not have the legal right to cancel orders of made-to-order items, which includes all of our edible goods. However, if we have not yet ordered ingredients for them, we may cancel your order at our discretion.

9.2 We reserve the right to cancel the contract between us if:

-We have insufficient stock or staffing levels to deliver the goods you have ordered;

-One or more of the goods you ordered was listed at an incorrect price due to a human or technical error.

-We believe our products will be used in a way that damages our brand or are going to resell them.

9.3 If we do cancel your contract we will notify you by e-mail. No charges will be made, and all money paid will be refunded, within 30 days of your order but no compensation will be payable should this occur.

9.4 The order deposit is non-refundable and non transferable.

9.5 In the case of orders which have been paid for in full upon ordering, 25% of this payment is a non-refundable deposit. 

9.6 You are required to give one month’s notice if you wish to cancel an order. Depending on the circumstances, time and expense we have invested at that point any monies paid may not be refundable.

9.7 If you decide to cancel your order within the 14 days prior to delivery/collection, you will still be liable for the final payment.

9.8 Any refunds will be made within 30 days of the cancellation date and in the original payment format.

9.9 Receipt/proof of purchase must be shown in order to gain a full refund; otherwise refunds are at the discretion of Stuart Thornley Cake Design.

9.10 Refunds will only be considered within a 14 day period post collection/delivery of an order.

 

10. Notices

10.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent us by email to info@stuartthornleycakedesign.co.uk

 

11. Liability

11.1 If you do not receive goods ordered by you within 7 days of the date for which you ordered them, we will have no liability to you unless you notify us in writing at our contact address or email address of the problem within 60 days of the date on which you ordered the goods.

11.2 If you notify a problem to us under this condition, our only obligation will be, at your option: To make good any shortage or non-delivery; to refund to you the amount paid by you for the goods in question in whatever way we choose.

11.3 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract

11.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

11.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

12. Invalidity

12.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected

 

13. Use And Collection of Personal Information

13.1 you can visit our website without telling us who you are and without revealing any information about yourself.

13.2 you will be asked to provide certain contact details when making an enquiry. This data will not be stored and will not be shared with any third parties.

13.3 Contact details provided when making an enquiry will only be used to contact you to discuss your enquiry. 

13.4 You will need to provide us with your name, address, telephone and email when placing an order. This information will only be used and stored to discuss and arrange your order. This information will be deleted once the order has been received.

13.5 Contact details will be saved on a secured and protected computer.

13.6 NO data is shared with any third parties.

 

14. Third Party Rights

14.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

 

15. Jurisdiction

15.1 These terms and conditions will be governed by the laws of England and Wales and by using the Website you agree to submit to the exclusive of the courts of England and Wales.

 

16. Intellectual Property

16.1 All of the content on the site including pictures, graphic design and text are subject to copyright and other intellectual property rights held by Stuart Thornley Cake Design. The entire content of the site is copyrighted under applicable copyright laws. The use of our site stuartthornleycakedesign.co.uk and its content is intended for the personal and non- commercial use by the users of our site.

 

17. Use of the Website

17.1 You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way.

17.2 You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this website in whole or in part without the express authorisation of Stuart Thornley Cake Design.

17.3 Pictures on the Site are property of Stuart Thornley Cake Design and may not be used for commercial purposes without permission of Stuart Thornley Cake Design. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website

18. Consultation Appointments

19.1 All consultation appointments are not confirmed until a £10 deposit is paid and you have received a confirmation email and receipt from us.

19.2 The £10 deposit will be deducted from your order should you wish to place one.

19.3 The £10 deposit is non-refundable & non transferable should you cancel the appointment within 2 weeks prior to it taking place.