Terms and Conditions

Cakes

Afternoon Teas

Afternoon teas are for doorstep delivery service, collection can be made from Big Happy Thoughts by prior arrangement. All payment is through the website only and a full balance is taken. In light of the current covid19 situation if I or any member becomes symptomatic, you will be notified immediately and a full refund given. Should you wish to cancel/postpone your order, please note the following: more than one weeks notice a full refund/postponement  will be given, less than one week, no refund will be given. 

Allergies

It is your responsibility to make us aware of any allergies. We do not cater for allergies as your cakes are a baked in a kitchen that may contain traces of nuts/allergens.

Please ask before ordering if you have any dietary requirements and we will be more than happy to provide you with allergen information for the product you require.

Cakes - Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customer and Big Happy Thoughts – Eats & Treats. 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 Big Happy Thoughts – Eats & Treats.

No contract is made with you until we have received your booking fee. Once your booking fee has been received you are in a legally binding contract with Big Happy Thoughts – Eats&Treats.

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 sketch 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 nut free although we make every effort to ensure that allergies are accommodated.

From time to time certain materials for our cakes may become obsolete. This is totally out of our control; however we will do our best to select replacement products to reflect the original design as closely as possible. We reserve the right to replace items with component parts of equal or better quality without consultation.

If your cake contains figures made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels for reinforcement. All of our figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), we cannot guarantee a true likeness. It is your responsibility to provide images for our reference. If images are not provided standard figures shall be used.

Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption.

The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Cakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. Sugarpaste covered cakes should NOT be refrigerated.

Big Happy Thoughts and the customer expressly agree that the cakes and all goods purchased from Big Happy Thoughts remain the property of Big Happy Thoughts until paid for in full.

Delivery and Collection

All orders may be collected free of charge from Big Happy Thoughts by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises. We suggest that all cakes are placed in the footwell of the passenger seat where possible.

If delivery has been requested we will deliver the cake on the day set out in the order confirmation to the address provided and you will be given an approximate time via email/text.

When delivering to a wedding venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the wedding 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.

Price and Payment

The price of your cake will be as set out in your order confirmation. No Vat is payable on the cakes. A 30% booking fee is required for all cake orders (subject to a minimum of £40) 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.

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 (up to 5 days before ) by bank transfer to the account specified, cash or payment by debit or credit card via paypal. Late payments will incur a £25 charge.

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 purchase the required stock or equipment to make the cake as laid out in the order confirmation. In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on Big Happy Thoughts – Eats&Treats

Cancellation

In the event of a cancellation by yourselves, charges are as follows;

More than ninety days prior to the date = booking fee only.

Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost.

Less than one calendar month prior to the date = full amount

Any payments previously made are not refundable.

In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability we will carry the monies paid forward to a new date. Please be aware that we will only do this on one occasion. Any further postponements will be classes as a cancellation.

In the unlikely event that we need to cancel your order any monies paid will be refunded. Big Happy Thoughts – Eats&Treats 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 Big Happy Thoughts, and Big Happy Thoughts shall not be liable for any breach of contract resulting from such an event.

Big Happy Thoughts shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Big Happy Thoughts statutory liability for death or personal injury arising from any negligence on Big Happy Thoughts part or liability imposed by statutory implied terms in Consumer Contracts.

Complaints 

Should a complaint arise, due to the amount of work put into each individual cake we will 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 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.

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.

General Terms

All designs and intellectual property rights remain the property of Big Happy Thoughts.

We reserve the right to use images of your cake for any form of advertising including web based promotions, brochures, galleries and competitions. We will not use any child’s photo without your consent first. It is advisable that you make a copy of all documentation received from Big Happy Thoughts 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.