Terms and conditions
- Definitions
Define terms in these Terms and Conditions shall have the following meanings:
- “Us”, “We” “Our”, shall refer to Knot & Bird Limited.
- “You”, “Your”, shall refer to the customer(s).
- “Final Cake Price”, shall refer to the total cost of any product(s) to be supplied by Us to You, as set out in any quotation from time to time, and as agreed by you.
- “Deposit”, shall, unless expressly stated otherwise, refer to 50% of the amount of the Final Cake Price
- “Delivery Date”, shall refer to the date on which We have agreed with You to deliver your product(s). This will often be the date of Your wedding, or event.
- “Save The Date Deposit”, shall, in the absence of a Final Cake Price having been agreed, and therefore the inability to calculate the Deposit, refer to a deposit to hold the date for provision of products, as chosen by you, and shall be set at £150.
- “the Remaining Balance”, shall be the Final Cake Price (as may be amended from time to time, subject to Your agreement), less the Deposit.
- Booking
- Your booking and Delivery Date is not confirmed and Your date will not be held until We have received payment of the Deposit.
- We will be free to accept bookings at the same time and date as Your proposed booking and Delivery Date until such time as the Deposit is received. We will endeavour to inform You if We receive another enquiry for an order on the same day as Your proposed booking and Delivery Date, but We shall be under no obligation to do so.
- The Deposit is non-refundable, and reflects the fact that We receive numerous enquires a week, and will often have to turn down business where We have already accepted orders for the same date. If an order does not proceed, We will therefore have sustained a real loss.
- The Remaining Balance is due 6 weeks before the Delivery Date.
- If the Remaining Balance is not paid 6 weeks before the Delivery Date We will immediately cease work on Your order until the Remaining Balance is paid in full. In such circumstances We cannot guarantee that Your order will be completed in time for the Delivery Date and We accept no liability in this respect.
- We may, at our complete discretion, accept a Save The Date Deposit, to save Your chosen date and to secure the booking before the cake design is decided, and before the Final Cake Price is agreed on. The Save The Date Deposit is non-refundable. The balance between the Save The Date Deposit, and the Deposit is to be paid immediately upon agreement as to the cake design in principle, and the Final Cake Price.
- Payment of the deposit and/or “save the date” deposit, will be deemed acceptance of these Terms and Conditions
- Design
- All of our designs, cakes, sketches, samples, photographs and any other expression created by us are, and remain at all times, our intellectual property and may not be copied without express permission
- All our cakes are bespoke and handmade to order and there may be variations in colour and/or design.
- Cancellation policy
- Should You wish to cancel Your order you must email: [INSERT ADDRESS] with subject: “CANCELLATION: [Customer name]”. E-mails received after 5pm or on a weekend or Bank Holiday will for the purposes of this clause 4, be deemed to have been received at 9am on the following working day (i.e. not on a weekend, or Bank Holiday).
- If You cancel Your order 6 weeks or more before the Delivery Date no further charges will be incurred.
- If You cancel Your order between 3 to 6 weeks before the Delivery Date then the greater of either 50% of the Remaining Balance, or 25% of the Final Cake Price will remain due and payable immediately. The remaining 50% of the Remaining Balance/25% of Final Ckae Price will be forgone.
- If You cancel Your order less than 3 weeks before the Delivery Date, the full amount of the greater of the Remaining Balance, or the balance of the Final Cake Price will be due and payable immediately.
- We strongly recommend You take out wedding insurance to protect You in the event of cancellation
- If You choose to change the Delivery Date, We will endeavour to accommodate that change and provide the product(s) on the new delivery date (the “Revised Delivery Date”). This may be subject to additional fees at Our discretion. If We are unable to fulfil the order on the Revised Delivery Date, the change of date will be considered a cancellation, in accordance with this clause 4. Whether We are ‘able’ or ‘unable’ to accommodate a requested change of date shall be at our sole discretion. We will be under no obligation to meet an order on a Revised Delivery Date, and, for the avoidance of doubt, any Deposit or Save The Date Deposit will remain non-refundable.
- Delivery
- You accept full responsibility for the entirety of Your order immediately upon delivery/set up – We accept no liability for any damage sustained, or the condition of any product(s) after delivery/set up. We require a signature from You/Your venue/a representative nominated by You, upon delivery to confirm that Your product has been delivered in a satisfactory condition. If no signature can be obtained, photos of the product(s) will be taken as proof of delivery, and condition.
- Additional work that is required but not included within the scope of the quote e.g setting up of cake stands, floral arranging etc will be charged accordingly at hourly rate of £30. If You are not available at the time of delivery to confirm whether the additional work is required, whether such work is required will be at Our sole discretion – we endeavour to ensure that You receive the product(s) you want. We do not want You to miss out because further work was required, but that work must be paid for. We will send to You an invoice setting out the amount of any additional costs. Payment of that invoice is due within 14 days. You should ensure that any requirements beyond simple delivery of the cake are discussed in advance and captured in the quote provided.
- Collection
- You may wish to collect Your order directly from us. If You choose to do so, that is entirely at Your own risk. We will not be held responsible for any damage to the product(s) once it has been collected by You.
- Allergies
- Nuts: All products may contain nuts/traces of nuts as nuts are used as an ingredient in Our kitchen – We are unable to guarantee that Your products will be free of any traces of nuts.
- Gluten: All products may contain gluten/traces of gluten as products containing gluten are used in Our kitchen – We are unable to guarantee that Your products will be free of any traces of gluten.
- It is Your responsibility to inform Us of any allergies and We will not be held responsible for a reaction to an allergy of which We were unaware, or a reaction relating to nuts/gluten.
- It is Your responsibility to inform anyone who may consume Our products that You have ordered or allergens present in the products.
- Delivery
- Delivery and set up of the products is free within a ten mile radius of our bakery. If the delivery location falls outside of this 10 mile radius there is a flat fee per mile outside. This cost will be calculated and included in Your quote.
- Extra items
- If additional items are being hired such as cake stands, bases, separators, and toppers a security deposit will be required. The security deposit is fully refundable on the safe return of the hired items, in the same state and condition as which they were lent. It is Your responsibility to ensure all hired items are cleaned, undamaged and returned within 5 working days after the Delivery Date. We can collect the hired items with prior arrangement, at a fee of the greater of either: £10; or the same cost as charged for delivery in accordance with clause 8. If the hired items are not returned within the above period, or in the condition required above, then Knot & Bird shall have full discretion to retain any amount, up to the full amount, of the security deposit taken.
- Refunds
- Refunds will only be given at Our sole discretion. If You have a problem with any product such that You are seeking a refund, You must keep and return the product as soon as reasonably practicable so We can assess Your complaint. The cost of return shall be met by You, but shall be reimbursed as part of any refund, should We, in our discretion, choose to provide one. If the product is not retained, then we will reserve the right to reject fully any request for a refund.
- Photos
- Photos will be taken of the finished product and We have the right to use these photos for promotional and marketing purposes. If You would prefer the images of the products remain private and not be shared, then You must make this known at the time of the quote and a charge may apply.
- Cancellation by Knot and Bird
- In the very unlikely event of severe medical, natural, or other emergencies outside Our control, it may be impossible for Us to complete Your order. We will make all reasonable efforts to secure a replacement cake maker to prepare Your Order. If no replacement can be found and the order cannot be fulfilled responsibility and liability is limited to a full refund of payments for the product ordered.
- Limitation and governing law
- Your agreement with Us shall be subject to these terms and conditions, and shall be governed by the law of England and Wales, and subject exclusively to the jurisdiction of the English Courts. Our liability under any agreement with you, and under these terms and conditions shall be limited to the higher of the Save The Date Deposit, the Deposit, or the Final Cake Price, as have been paid by You from time to time.