This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the ‘Goods’) listed on this website (the ‘Website’) to you.
Before confirming your order please:
Read through these terms and condition.
Print a copy for future reference.
By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
This Website is owned and operated by Flecks Cakes (‘we’/’us’/’our’), a company (trading as Flecks Cakes). Our business address is 57 Duckworth Street, Darwen, Lancashire, BB3 1AT. www.fleckscakes.co.uk
You agree that email and other electronic communications can be used as a long distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We will contact you by email or provide you with information by posting notices on our Website.
3. ORDERING FROM US
3.1 Lead Times
Next Day Cakes – Next day cakes are available on selected cake designs for collections Monday- Friday (dependent on availability). For Next Day Cakes the order must be received at the latest by Flecks Cakes at 12:00 midday of the day before the required collection day and can be collected from 12:00 midday on the required collection day. Orders placed on a Friday or Saturday will not be available until 12:00 midday on the following Monday or if it is a bank holiday, it will be available for collection on the following Tuesday.
Sponge Birthday and Celebration Cakes – We require at least one weeks’ notice on all cakes that are not specified as being available for next day collection; however we will accept short notice cakes subject to the availability of the date required.
Fruit Cakes – We need a minimum of one months notice on Fruit Cake orders (these are not available through the website – you must order via telephone or in person).
Wedding Cakes – Dependent on availability, we prefer a minimum of three – six months notice on wedding cakes however we will accept short notice cakes subject to the availability of the date required. Due to high demand we would advise checking availability and ordering and securing the date with as much notice as possible.
3.1. Product description
We use our very best endeavours to make sure that every product on the fleckscakes.co.uk website is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout. Flecks Cakes disclaims all representations and warranties that the content or information on this Website is accurate, complete, and up to date or does not infringe the rights of any third party.
3.2. Placing your order
When you place an order with us online (by choosing an item and completing our online checkout process), we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place on confirmation. A ‘purchase contract’ between you and Flecks Cakes is therefore made at the point of confirmation, and not at the point of ordering or payment. If you have cancelled your order within the permissible time period, or if we notify you that we cannot accept your order, then no purchase contract will have been made.
From time to time, we may not be able to accept an order for the following reasons:
- If, we do not have your chosen ingredients in stock
- Where we cannot obtain authorisation for your payment
- If there has been a pricing or product description error
- If you do not meet any eligibility criteria set out in our terms and conditions
- If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
3.3. Changing or cancelling an order
You can amend an order which has been placed via the website at any time upto five (5) working days before the order is to be collected. If the cake is cancelled within five (5) working days then a refund is at our discretion and generally the deposit (50%) is non refundable as stock will have already been ordered and some work may have been carried out in preparation. If more that five (5) working days notice is received then a full refund will be issued (minus an administration / service fee). Best to call us on 01254 702415 (office hours), please have your order number and email address to hand. If you wish to change any details or the collection date for an order please email the changes quoting your full name, email address and order number and we will do our best to accommodate your requested changes or the collection date. We cannot make any changes after the order has been started.
For Wedding Cakes cancellations with more than 4 week’s notice before completion, the deposit payment is non-refundable. For cancellations with less than 4 weeks’ notice before the completion date, the full balance is non-refundable.
3.4. Personalising your cakes
Flecks Cakes aims to provide you with a fast, high quality cake decorating service. Please double check your order on screen and your acknowledgement email carefully to check that all the details are correct. If you realise an error has been made then contact us and we will do our best to fix it. We cannot offer any refund where the cake has been collected or delivered and the personalisation has been misspelt by you or a photo has been uploaded and has not been of the right quality.
When you are uploading a photo, images must be in JPEG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos.
With Photo uploads, the original photographer of the image, or any such other third party image as used by the customer, will remain the copyright of the customer. It is the customer’s responsibility to ensure that any image used but not owned by the customer has the permission of the owner to use the image. If we recognise any illegal use of other peoples copyright we shall refuse to print them. Flecks Cakes will not be held responsible for any copyright infringement 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 Flecks Cakes as our interpretation of that cake and will not be an exact reproduction of the cake in the picture or photo.
At fleckscakes.co.uk you can pay for your goods using credit or debit cards.
You can also pay for cakes over the telephone, or with cash, credit or debit card in the shop.
4. SUPPLY AND PRICING OF GOODS
4.1. Supply of Goods
The cake products sold on our website are manufactured in the UK from the highest quality ingredients and shipped directly from the Flecks Cakes bakery and will arrive fresh and in good condition.
All fruit cakes used contain nuts, or traces of nuts or nut oil.
Sponges, flavoured and chocolate cakes, are made to be eaten on the day of the celebration. The cakes are made in premises in which nuts are used, every effort is taken to keep ingredients separate however cakes may contain traces of nuts or nut oil.
4.2. Prices and sales tax
All prices shown on the website include sales tax at the prevailing rate if applicable. Specific details regarding sales tax are outlined below: Cakes are zero rated and therefore no VAT is charged. Non-food Items will be charged at the standard rate of 20%
4.3. VAT Receipts
In most cases your order confirmation contains all the necessary information to constitute a simplified receipt in line with the HMRC guidelines. There is no VAT on cake you can claim back. However, should you require a full VAT invoice showing zero vat, these are available upon request by email to [email protected], please allow up to 10 working days for these to be sent.
4.4 Cake sizes
The size of the cakes quoted on the website are only approximate, It is standard in the industry to use the size of the tin we bake it in and depending on which recipe you have chosen, it is possible for the cake to shrink by a small amount.
5. DELIVERY AND COLLECTION OF GOODS
Cakes ordered via fleckscakes.co.uk are only available for collection from our shop located at 57 Duckworth Street, Darwen, Lancashire, BB3 1AT. Flecks Cakes cannot be held liable if the customer has not collected the cake within the shops opening hours:
Monday – Friday : 09:00-16:30
Saturday : 09:00-12:00
Every attempt will be made by us to contact the customer prior to closing, however if the cake has not been collected the customer will have to collect the cake at the next available time.
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.
7. RETURNS AND REFUNDS
At fleckscakes.co.uk, we always give you your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible (within 24 hours). We will then advise you on whether you are eligible for a refund or replacement.
7.1. Reporting a problem
If for any reason you are not happy with your Flecks Cakes order, please contact us on 01254 702415 or email [email protected]. You will need to quote your order number and email address. We aim to deal with any problem immediately and will do our best to resolve it. We may ask you to take a photograph of the product to help us understand the problem or we may ask you to return it.
Please note: Cakes are perishable; we need to be informed of any problem with your order within two days of collection to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after two days, but reserve the right to refuse a refund or replacement.
7.2. Returning products and issuing refunds
Any refund given for disputes regarding a cake design or production of a design are completely at the discretion of Flecks Cakes and are not automatic. Full refunds will never be given for any cake which has been consumed regardless of dispute, as consumption of the cake is viewed as your acceptance that the cake is adequate for the purpose for which it has been supplied.
All cakes delivered to venues are photographed from different angles to show cake quality on delivery we do not accept any responsibility for loss or damage to the cake or items with the cake such as decorations and stands, once the cake has been delivered to a venue or collected from our shop, or for loss, damage or non-delivery under unavoidable or exceptional circumstances. This in no way affects your statutory rights.
It is not our policy to offer both a refund and replacement. Where a cake has been damaged we will normally ask for photographs clearly showing the problem so we can use them to determine the problem. It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within 48 hours of delivery or collection to give us the best chance of successfully resolving the issue.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is miss-spelt or if you have uploaded an image of a low resolution or size or incorrect addressing.
Multiple refund requests – If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.
7.3 Return of Hired Equipment
Deposits are taken for all equipment. All equipment must be returned within 3 days of the event date (unless alternative arrangements have been agreed prior to the event in writing) or extra charges may be levied to cover hire costs. Any damages to equipment will incur a reduction of deposit returned in order to cover costs of repair or replacement
From time to time our designs maybe published in newspapers, magazines or via social media and other publications, we reserve the right to use any image of a cake made by Flecks Cakes for publication at a later date.
9. YOUR PRIVACY AND SECURITY
Flecks Cakes is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998.