Terms and Conditions
Nicky Tesler Cakes - Terms and Conditions
All sales made by Nicky Tesler Cakes are subject to the following terms and conditions:
Nothing contained within these terms and conditions affects your statutory rights as a consumer. Before confirming your order, we advise to read the following terms and conditions. By placing and paying for an order you agree to the terms and conditions stated below.
1.Price
1.1.The price for the order shall be stated on your invoice. You agree to pay the full price to Nicky Tesler Cakes in accordance with the invoice after the details are checked and agreed by you. Quotes, either written or verbal are valid for 30 days.
2.Deposits
2.1. All wedding cakes require a non-refundable deposit of 25% of the total cost. Please note that all deposits are non-refundable and non-transferable.
2.2. All deposits become due once the invoice has been sent. The invoice will be sent once the design has been confirmed and the details checked and agreed by you. All orders are deemed to have been accepted only when the deposit has been paid.
3.Payments
3.1.Payments may be made by:
Bank Transfer
Credit/Debit Card
4.Final Payments
4.1.Deposit and remaining balance amounts must be paid by the date noted on the invoice. The order will not be completed if full payment has not been received by the specified date.
5.Non-Payments
5.1. In the event that any payment is subsequently declined, the order will not be completed 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. Nicky Tesler Cakes accepts no responsibility for any loss caused 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.
6.Ordering from Nicky Tesler Cakes
6.1. For wedding cakes: the cake samples that were posted out to you were made and cooked on a smaller scale. The same flavours when cooked on a larger scale will vary slightly in colour, texture and flavour due to their size and time they were cooked for.
6.2.All of our cakes and products are handmade to order. During manufacturing, slight changes may occur with colours, textures, flavours and design which due to the nature of the work, are out of our control. These slight changes will not be significantly different form the specification and sketch of the design created and specified at the initial stage of ordering.
7.Alterations to orders
7.1.Your cake is important to us so please take the time to check your copy of the invoice (and sketch if one is provided) carefully and let us know within three days if changes are needed. It is your responsibility to advise Nicky Tesler Cakes of any alterations to the original order. Nicky Tesler Cakes reserves the right to increase the quoted fee in the event that the customer requests a variation to the work agreed. Whilst every effort will be made to assist customers, please note that late changes cannot always be guaranteed.
8.Cake Component Parts
8.1. From time to time, certain materials for your order may become obsolete or no longer be available from our suppliers. For example, pre-manufactured items or ribbon colours. This is totally out of our control, however we will endeavour to redesign a cake to reflect as closely as possible the original design using replacement products. In such cases we will try to contact you to advise you of any such changes, however Nicky Tesler Cakes reserves the right to replace these with components of equal or better quality without consultation.
9.Equipment Hire
9.1. An £100 security deposit on top of the hire charge is required for all hired items. All hired cake stands and equipment must be returned to Nicky Tesler Cakes within 5 days of the event they were used for and undamaged for the security deposit to be refunded.
10.Collection
10.1. Your order may be collected at a prearranged time. A signature is required upon collection, confirming that you have received your order in good condition and as specified and that you have been made aware of the allergy information and inedible items on/in the product.
10.2.You will have the opportunity to check and approve your order on collection. Once the order has been collected and leaves Nicky Tesler Cakes’ premises, this indicates the acceptance of the goods.
11.Delivery
11.1. Orders can be delivered 7 days a week. All delivery times 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. We will do our best to accommodate your requirements.
11.2. It is the customer’s responsibility to ensure that you have given us correct delivery information, and that someone is available to receive your cake. A signature will be required for the order upon delivery to confirm the cake has been received in good condition, and you have been made aware of the allergy information and inedible items on/in the cake.
11.3. If the recipient is not in, the order will be returned to Nicky Tesler Cakes who will contact you to arrange an alternative delivery time for which an additional charge will be payable. Nicky Tesler Cakes accepts no responsibility for any loss incurred by the customer as a result e.g. a wedding without a wedding cake. Nicky Tesler Cakes accepts no responsibility after rearranging the collection or delivery of the order if it has gone past the day it is best eaten before. For example, if the sponge cake goes stale.
11.4. We can offer personal delivery to anywhere within our designated area of delivery. A copy of this can be provided on request. Exceptions can be made if it has been agreed beforehand with Nicky Tesler Cakes. When the recipient signs for the cake upon delivery, please check you are happy with the condition it is in as Nicky Tesler Cakes cannot be held responsible for any damage that occurs during transit. If a product arrives damaged, the utmost effort will be made to fix it. If you would like to file a complaint, you must contact Nicky Tesler Cakes within three working days of receiving the product.
12.Setting Up and Display at the Venue
12.1. Should you require your cake to be delivered, Nicky Tesler Cakes will deliver and set up your cake as agreed and will want to ensure it is displayed at its best. It is your responsibility to ensure that you have provided Nicky Tesler Cakes with the set-up details and arrangements made with the venue for the location and display of your cake. Nicky Tesler Cakes cannot be held responsible for the location of the cake at the venue. Please ensure, therefore, that the display location is level, stable and strong enough to hold the cake.
12.2. Nicky Tesler Cakes cannot be held liable if the cake is affected by very hot weather. Buttercream cakes, such as those with a naked, semi naked or full coverage buttercream finish are most likely to be affected. We cannot take responsibility if the cake is ordered for the summer season or if it is positioned in direct sunlight or near a heat source. All of this you would have been advised against and warned about at your consultation or through email conversations.
12.3. Once the cake has been collected or delivered, set up and signed for, Nicky Tesler Cakes is unable to accept liability for any interference with or damage to the cake thereafter. We will also not be liable if the cake is moved by and damaged by another party.
12.4. If we have previously agreed to meet with another supplier - for example, a florist providing fresh flowers for the cake – and they are late or do not arrive, Nicky Tesler Cakes cannot be held liable for anything missing on the cake that was due to be provided by another supplier.
12.5. If a cake is delivered to an event venue and set up by Nicky Tesler Cakes, a signature will be required by your venue management confirming the cake had been received and set up in good condition. A photograph of the cake will be taken prior to departure by Nicky Tesler Cakes to verify that the cake has been set up and left in good condition. The delivery note that gets signed explains the allergy information for the cake and any items on or in the cake that are not edible. It is the management at the venue’s responsibility to let the relevant people know about this information. If the cake gets signed for by the client, it is their responsibility to let the relevant people know. Nicky Tesler Cakes cannot be liable if the information on the delivery notice is not passed on.
13. Sugar Flower Orders – not accompanying a cake.
13.1All sugar flowers will be made once the payment has gone through. The flowers are very fragile and brittle and therefore Nicky Tesler Cakes cannot be held responsible for damage that occurs during transit.
14.Cancellations/Refunds/Postponements
14.1. Wedding Cake or Celebration Cake Cancellations:
As your wedding cake/celebration cake is reserved solely for you and certain components for your cake/s may be ordered or made months in advance, the following conditions are implemented when an order is cancelled:
14.2. Wedding Cake Cancellations:
8 weeks from delivery date – 50% of the total costs will be payable to Nicky Tesler Cakes
0 to 4 weeks from delivery date – 100% of the total costs will be payable to Nicky Tesler Cakes.
14.3. Celebration Cake Cancellations:
2 weeks from delivery date - 50% of the total costs will be payable to Nicky Tesler Cakes
0 to 1 week from delivery date - 100% of the total costs will be payable to Nicky Tesler Cakes.
14.4. Wedding cake/ celebration cake order cancellations must be made in writing.
14.5. Other order cancellations:
For cupcakes, and sugar flowers full payment is required if cancellation is within 1 week of the delivery/collection date.
14.6 Wedding Cake and Celebration Cake postponements:
If your order is postponed to a different date than the date originally confirmed-
A) If Nicky Tesler Cakes has availability for your new date: When written notice of a postponement is received, your order will be transferred to the new date the cake is due. The due date of the remaining balance of your order will be moved to no later than four weeks before the new date.
B) If Nicky Tesler Cakes does not have availability for your new date: When written notice of a postponement is received less than 8 weeks for wedding cakes or less than 2 weeks for celebration cakes before the originally agreed due date, cancellation policies apply and either 50% or 100% of the total amount will be due depending on the amount of notice given.
In all cases, the deposit paid for your order will be forfeited including if a deposit to reserve your date has been paid as well. If work has started on your order or items have been ordered specifically for your order, it is up to the discretion of Nicky Tesler Cakes to calculate the cost of these materials/labour and that amount will be due.
If no work has been started and no items have been ordered specifically for your order, and notice have been given before 8 weeks for wedding cakes, and 2 weeks for celebration cakes, no further payments will be due.
14.7. Sugar Flowers:
If an order is cancelled a full refund will only be given if work has not started on the order and notice has been given at least 7 days before they are due. Once work commences on the order the full payment is required if the order is cancelled.
15.Copyright
15.1. Please note that no person shall have entitlement to copy or reproduce in any from, or otherwise make use of any image photograph, design or other document or item produced by or on behalf of Nicky Tesler Cakes without the prior written consent of Nicky Tesler Cakes.
16.Publication and Promotional Rights
16.1. By agreeing to the design of the cake and confirming the order by paying the invoice, the customer agrees that Nicky Tesler Cakes is the sole designer and owner of the final cake design. All rights in any original designs created and designed by Nicky Tesler Cakes shall remain exclusive property of Nicky Tesler Cakes. From time to time our designs are published in the media, e.g. wedding magazines. We reserve the right to use any image of a customer’s cake made by Nicky Tesler Cakes for publication after the delivery date unless previously agreed in writing between the customer and Nicky Tesler Cakes.
16.2.The customer has no ownership right over any cake design. Exclusivity of cake designs between our customers is not guaranteed unless the customer commissions an exclusive design.
17.Viewing
17.1Please note cakes with sponge layers/cupcakes may not be completed until the day prior to or of the day of the celebration to ensure the cake(s) is or are as fresh as possible. Please prearrange viewings of any wedding cakes ordered. Nicky Tesler Cakes accepts no liability for any omissions or error on wedding cakes if they are not viewed by the customer prior to the wedding.
18.Allergies
18.1Please be aware that whilst your chosen cake may not be made with allergens, it will be prepared in a kitchen where allergen products may be used in other cakes and fillings. Raw materials used may not be free from dairy, wheat or gluten, eggs, nuts, soya. Allergy information is provided with all cake orders.
18.2. The utmost care will be taken to not have any trace of an allergen that has been requested to not be used. For example, if the client has an allergy to nuts and has requested a nut free cake, we will take the highest measures to ensure there are no nuts or traces of nuts in the cake. However, though raw materials may say they are free from certain allergens, Nicky Tesler Cakes cannot be held liable for any traces of allergens they contain due to their manufacturing. Nicky Tesler Cakes cannot be held liable if traces of allergens are detected in the product they provide.
18.3. Full allergen information is listed on the delivery notice which is signed at handover. It is the venue’s responsibility to inform the relevant people about this, this is same with if the client signs for the cake. It is their responsibility, not Nicky Tesler Cakes to make the relevant people aware of the allergen information.
19. Complaints
19.1If you are not completely satisfied with your product we would advise you to raise any issues as soon as possible. If you have any dissatisfaction with our products, a formal complaint must be made in writing within three working days of the product being due. Including evidence of any faults, damage or discrepancies is advised. Any refunds will be given entirely at our discretion.
20. Unforeseen Circumstances and Acts of God
20.1 In the unlikely event that I become ill or am affected by circumstances beyond my control that mean I can no longer complete your order; a full refund will be given.
20.2 In the unlikely event that due to an Act of God I can no longer complete your order; no refund will be issued.
21. Reservation of Date Deposit
21.1 To ensure the date of your event or when your order is due will remain available, an £100 reservation of date deposit can be offered. This will secure one date of your choice ensuring no other orders will be taken for that day.
21.2 The £100 deposit is non-refundable if the order does not go ahead. If the order does get place, this amount will get taken off the order total. This charge in non-refundable and non-transferable under any circumstances due to any loss of business having to turning away other orders for that date and any work that may have started or been completed on your order.
22. Conditions around Covid-19 causing disruption
22.1 If your event the cake is due for has been cancelled due to government restrictions with Covid-19. Nicky Tesler Cakes will try their best to be accommodating. In no case will we go against the government guidelines or restrictions that are in place.
22.2 If your order is cancelled or postponed due to Covid-19:
If no work has started on the order, you will receive a full refund for the total order price if the order is cancelled (excluding reservation of date deposit). If work has started, what has been started including any ingredients or equipment that has been ordered for your order will need to be covered. The amount required will be at Nicky Tesler Cakes’ discretion to decide.
If you postpone your order to a future date, if Nicky Tesler Cakes has availability for the new date, as long as no work has started on your order, it can easily be transferred to the new date. If work has started, what has been started including any ingredients or equipment that has been ordered for your order will need to be covered. The amount required will be at Nicky Tesler Cakes’ discretion to decide. If Nicky Tesler Cakes cannot accommodate your new date the same terms and conditions apply with whether any work has started on the order or not.
To receive any amount of refund, proof will be required that going ahead with the order will go against government restrictions. In cases of Covid-19, full or partial refunds will not be given if someone is sick with Covid-19 and therefore must postpone or cancel the order. For example, the bride, groom, or main guest of the event becomes sick with Covid-19.