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BUSINESS TERMS AND CONDITIONS

 

1.INTRODUCTION

 

This document sets forth the Terms and Conditions (“Terms”) under which Sparkles Cakes and Wedding Accessories Limited (trading as Sparkles Cakes), a company registered in England and Wales under company number: 05584429 with registered office at 119 Broadway, New Moston, Manchester, Lancashire, United Kingdom, M40 3NL (“Seller”) offers for sale the following categories of products (collectively, the “Products”) to you (“Buyer”):

 

  1. Category A – Bespoke and Customised Cakes and Baked Goods.

  2. Category B – Cake Supplies and Edible Decorations.

  3. Category C – Party Decorations and Accessories; and

  4. Category D – Custom Products.

  5. Category E – Balloons and Displays.

 

These categories are referenced throughout these Terms to clarify which provisions apply to specific product types. By referencing these categories, we aim to make clear which terms and conditions apply to your specific purchase.

 

These Terms apply to all orders placed in person at our premises, via telephone, through social media platforms, email, or any other communication method accepted by the Seller. By purchasing any of the Products, Buyer agrees to be bound by these Terms, which form a legally binding contract between Seller and Buyer.

 

Please read these Terms carefully before making any purchase. By proceeding with a purchase, Buyer acknowledges that they have read, understood, and agree to be bound by these Terms. If Buyer does not agree with these Terms, they should not proceed with the purchase.

 

Disclaimer: For any Products which you buy from us, please make sure you read and understand the below:

  1. Allergens: Our Products may contain allergens and are not suitable for people with severe allergies. You are responsible for ensuring that all persons who consume or come into contact with our Products are aware of the allergens.

  2. For Category A and Category B Products: Great care is taken when preparing our cakes and edible items. However, all such products are prepared in a kitchen where common allergens (including but not limited to nuts, eggs, milk, soya, and gluten) are regularly used. While we take precautions to avoid cross-contamination, we cannot guarantee that any product is completely free from allergens. It is essential that you inform us of all allergies, regardless of severity, at the time of ordering. This includes allergies you might not deem necessary to mention, as cross-contamination risks exist for all common allergens in our kitchen environment.

  3. Dietary Requirements: Our cake recipes may be able to be amended to accommodate some common allergens such as gluten, egg, dairy or alcohol, but other ingredient may contain these products or are being used on other orders in the vicinity of your cake such as in icing, buttercreams, fillings etc. Whilst great care is taken in the production of special dietary requirement orders, it is possible that your cake may contain trace amounts as they are produced within the same kitchen that handle these ingredients.

 

2.DEFINITIONS

 

For the purposes of these Terms, the following terms shall have the meanings set forth below:

 

  1. “Terms” means the Terms and Conditions that govern the sale of Products by the Seller to the Buyer.

 

  1. “Seller” means Sparkles Cakes and Wedding Accessories Limited (trading as Sparkles Cakes), a company registered in England and Wales under company number: 05584429 with registered office at 119 Broadway, New Moston, Manchester, Lancashire, United Kingdom, M40 3NL.

 

  1. “Buyer” means the party purchasing Products from the Seller.

 

  1. “Products” means items offered for sale by the Seller in the following five categories:

    1. Category A Products – bespoke personalised/customised cakes created and sold by the Seller as part of the Products, including but not limited to celebration cakes, wedding cakes, cupcakes, and other baked goods such as cookies/brownies/etc offered by the Seller.

    2. Category B Products – Cake Supplies and Edible Decorations including but not limited to cake toppers, boards, boxes, equipment, artificial flowers, and perishable items such as handmade fondant decorations, chocolate products, food colourings, and compounds.

    3. Category C Products – Party Decorations and Accessories including but not limited to cards, banners, badges/rosettes, gift bags, wrapping paper, tablecloths, invites, room decorations, confetti cannons, table confetti, latex balloon packs (for self-inflation), candles/sparklers, party games, and adhesives; and

    4. Category D Products – Custom Products including but not limited to custom-cut cake toppers, edible prints, vinyl lettering, and bulk-packaged decorative items such as sprinkles, fondant, and other baking ingredients.

    5. Category E Products – The Seller offers balloons and display services, including but not limited to helium-filled balloons, balloon arrangements, and balloon displays. These Products are subject to availability and may require advance notice for complex arrangements. The Buyer acknowledges that: (i) balloons are perishable items with a limited lifespan; (ii) environmental factors such as temperature and humidity may affect balloon longevity; (iii) variations in colour or appearance may occur due to lighting conditions and manufacturing processes; and (iv) specific handling and safety instructions must be followed as detailed in the Safety and Material Information section.

 

3.GENERAL CONDITIONS

 

  1. These General Conditions govern the sale of Products by the Seller to the Buyer and are incorporated into the Terms by this reference. The Buyer agrees to be bound by these General Conditions upon placing an order for Products.

 

  1. The Seller reserves the right to refuse service to any Buyer at its sole discretion.

 

  1. All orders are subject to acceptance by the Seller, and no contract shall exist between the Seller and the Buyer until the Seller has accepted the Buyer's order via payment, be it in full or a deposit/retainer.

 

  1. The Products will be of satisfactory quality and fit for their intended purpose in accordance with the Consumer Rights Act 2015. The Seller makes no additional representations or warranties beyond those mandated by law, including but not limited to the Consumer Rights Act 2015, regarding the suitability, quality, or fitness of the Products for any particular purpose. Subject to these statutory rights and mandatory consumer protection laws, the Buyer assumes all risks associated with the use of the Products. Any warranty claims must be made in writing within 24 hours of delivery for Category A Products and within 7 days for all other categories.

 

  1. Subject to applicable consumer protection laws, including but not limited to the Consumer Rights Act 2015, the Seller's liability for indirect, special, incidental, or consequential damages arising out of or in connection with the use of the Products shall be limited to the extent permitted by law. Nothing in these Terms affects your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection laws.

 

4.PRODUCT INFORMATION

 

The following provisions set forth the information regarding the Products offered for sale by the Seller under these Terms:

 

  1. Category A Products (Bespoke Cakes and Baked Goods): Each cake or baked item is made to order according to the Buyer’s specifications and preferences conveyed at the time of purchase. The Buyer acknowledges that: (i) due to their handmade nature, products may vary slightly in appearance and design from samples or advertisements shown; (ii) such variations shall not constitute a defect; (iii) final products may differ from reference images as they are tailored to specific requests; and (iv) all cake orders are subject to the Minimum Notice Period specified in the Ordering Process section. Specific terms regarding food safety, allergens, and storage requirements for cakes are detailed in the Safety and Material Information section.

 

  1. Category B Products (Cake Supplies and Edible Decorations): The Seller offers cake supplies and edible decorations including but not limited to cake toppers, boards, boxes, equipment, artificial flowers, and perishable items such as handmade fondant decorations, chocolate products, food colourings, and compounds. These Products are subject to availability. The Buyer acknowledges that while every effort is made to accurately represent the Products, variations in colour or appearance may occur due to differences in display settings or manufacturing processes, and such variations do not constitute a defect in the Product. Perishable items within this category have limited shelf life and must be stored according to manufacturer's instructions and used within the recommended timeframes.

 

  1. Category C Products (Party Decorations and Accessories): The Seller offers for sale various party decoration products and items, including but not limited to cake toppers, banners, badges, gift bags, wrapping paper, tablecloths, invites, room decorations, confetti cannons, table confetti, latex balloon packs (for self-inflation), candles/sparklers, party games, and adhesives. These Products are subject to availability. The Seller reserves the right to substitute products of equivalent type, value, and specifications in the event of stock unavailability. The Buyer acknowledges that while every effort is made to accurately represent the Products, variations in colour or appearance may occur due to differences in display settings or manufacturing processes, and such variations do not constitute a defect in the Product. The Buyer also understands that these Products are not customised/bespoke and are subject to availability at the time of purchase.

 

  1. Category D Products (Custom Products): The Seller offers bespoke custom products including but not limited to custom-cut cake toppers, edible prints, vinyl lettering, and bulk-packaged decorative items such as sprinkles, fondant, and other baking ingredients. These Products are made to order according to the Buyer's specifications. The Buyer acknowledges that: (i) due to their customised nature, products may vary slightly in appearance from reference images or samples; (ii) such variations shall not constitute a defect; (iii) final products are tailored to specific requests and may differ from reference materials; and (iv) all custom orders are subject to the Minimum Notice Period specified in the Ordering Process section.

 

  1. Category E Products (Balloons and Displays): The Seller offers balloon products and display services including but not limited to helium-filled balloons, balloon arrangements, and balloon displays. These Products are subject to availability and may require advance notice for complex arrangements. The Buyer acknowledges that: (i) balloons are perishable items with limited lifespan; (ii) environmental factors such as temperature and humidity may affect balloon longevity; (iii) variations in colour or appearance may occur due to lighting conditions and manufacturing processes; and (iv) specific handling and safety instructions must be followed as detailed in the Safety and Material Information section.

 

5.SAFETY AND MATERIAL INFORMATION

 

The following safety, handling, and allergen information applies to our distinct product categories. Please review the specific section applicable to your purchase:

  1. For Category A and Category B Products (Cakes and Edible Products): The Buyer acknowledges understanding all allergen warnings and ingredient information. Full ingredient lists are available upon request. The Buyer is responsible for communicating these warnings to any consumers.

  2. For Bulk-Packaged Items and Loose Products: For products sold by weight (including but not limited to sprinkles, fondant, marzipan, flours, sugars, and cocoa), while not pre-packed for direct sale, allergen information is displayed at point of sale and complete ingredient information, including manufacturer's best before dates, is maintained in our records and available upon request. These products are handled in accordance with Food Standards Agency guidelines for non-prepacked foods.

  3. For Category C and Category E Products (Party Decorations and Balloons): The Buyer acknowledges understanding all safety warnings applicable to decorative items and balloon products, including but not limited to: (i) choking hazards for small items such as confetti and balloon accessories; (ii) proper handling of sharp objects including scissors and cake equipment; (iii) safe usage of party accessories including proper inflation of balloons; (iv) appropriate use of adhesives and decorative materials; and (v) the serious health risks associated with inhaling helium, including but not limited to asphyxiation, dizziness, loss of consciousness, and potential death. The Buyer acknowledges that helium should never be inhaled and is intended solely for balloon inflation. Adult supervision is required for all party items used around children.

  4. For Category D Products (Custom Products): Specific safety instructions and material information will be provided based on the nature of the custom product, including but not limited to: (i) handling instructions for edible printed cake toppers and vinyl lettering; (ii) food safety information for edible prints and custom decorations; and (iii) application instructions for custom stickers and vinyl products. The Buyer must follow all provided instructions to ensure proper and safe use of custom items.

 

The Buyer takes full responsibility for reviewing all provided safety information and communicating relevant warnings to third parties who may handle or use the Products.

 

6.ORDERING PROCESS

 

The Buyer may place an order for Products by contacting the Seller directly. The Seller will provide a confirmation of order submission to the Buyer. All orders are subject to acceptance by the Seller, which will be confirmed in writing (by way of email, message response, texts, WhatsApp, or by way of a receipt after payment is received in the shop). A binding contract between the Buyer and the Seller will only be formed when the Seller confirms acceptance of the order AND receives either full payment or the required The Seller reserves the right to cancel any order at any time prior to delivery if the Products become unavailable or if there are reasonable grounds to suspect fraudulent activity. In such cases, the Seller will provide a full refund of any payments made, including any deposits, within 14 days of cancellation. For the avoidance of doubt, are non-refundable in all circumstances except where cancellation is initiated by the Seller due to product unavailability, fraudulent activity concerns, or other reasons attributable to the Seller.

 

Required Notice Periods by Product Category:

  1. Category A (Bespoke Cakes and Baked Goods):

- Standard Celebration Cakes: Minimum 2 weeks' notice

- Wedding Cakes: Minimum 8 weeks' notice

  1. Category B and C Products (Standard Items):

- Standard Items: Subject to stock availability

  1. Category D (Custom Items): Minimum 1 week's notice

  2. Category E Products (Balloons and Displays):

- Standard Balloon Products: Subject to stock availability

- Complex Balloon Arrangements and Displays: Minimum 1 week's notice

 

When placing an order, the Buyer must provide all necessary details as requested by the Seller to accurately fulfil the order, including:

  1. For Category A Products (Cakes and Baked Goods): Complete design specifications, dietary requirements, allergen information, serving size requirements, and delivery/collection details;

  2. For Category B Products (Cake Supplies and Edible Decorations): Quantity, allergen information (for edible items), expiry date requirements, and delivery/collection details;

  3. For Category C Products (Party Decorations and Accessories): Quantity, colour preferences, size specifications, and delivery/collection requirements;

  4. For Category D Products (Custom Products): Detailed design specifications, measurements, and any reference materials required;

  5. For Category E Products (Balloons and Displays): Quantity, colour preferences, size specifications, complexity of arrangement, and delivery/collection requirements;

  6. For all Products: Intended use date, contact information, and any specific handling requirements. The Seller shall not be liable for any errors, delays, additional costs, quality issues, design discrepancies, or other problems arising from incomplete, inaccurate, unclear, or late information provided by the Buyer. Any costs associated with modifications or corrections required due to such information shall be borne by the Buyer.

The Buyer acknowledges that failure to provide complete and accurate information may result in delays, additional costs, or inability to fulfil the order as requested. In such cases, any retainers paid for Category A, D, or E custom products are non-refundable, and any deposits paid for hired equipment may be non-refundable at the Seller's discretion if the equipment has been reserved or procured. The Seller reserves the right to reject any order that does not provide sufficient details or that cannot be fulfilled due to product availability or other constraints.

 

Prices for the Products will be provided to the Buyer at the time of order. Prices are subject to change without notice, but such changes will not affect orders already accepted by the Seller. For Category A Products (bespoke retainer of 50% is required at the time of order, with the balance due 14 days before the delivery date. This retainer is non-refundable in all circumstances except where cancellation is initiated by the Seller due to reasons attributable to the Seller, including but not limited to product unavailability, inability to fulfil the order, or other circumstances within the Seller's control. Where the Seller cancels an order due to reasons attributable to the Seller, any retainer paid will be refunded within 14 days of the cancellation date. For , payment must be made in full at the time of order unless otherwise agreed upon in writing by the Seller.

 

The Buyer agrees to comply with any deadlines provided by the Seller to ensure timely delivery of the Products.

 

7.PERSONALISATION AND CUSTOMISATION SERVICES

 

  1. The scope of personalisation and customisation services (“Personalisation Services”) varies by product category as follows, subject to the limitations set forth in these Terms:

 

  1. Category A Products: Personalisation includes design specifications, flavours, colours, edible images, and text.

  2. Category B Products: Customisation limited to colour selections and basic text modifications where applicable.

  3. Category C Products: Personalisation includes text, colour schemes, and basic design elements.

  4. Category  D Products: Full customisation within technical capabilities.

  5. Category E Products: Personalisation includes colour schemes, arrangement designs, and text additions where applicable.

 

  1. Limitations may apply to any category due to technical constraints, copyright issues, or content appropriateness. The Seller reserves the right to refuse any personalisation request that violates these limitations or is deemed inappropriate, with no obligation to provide a reason for such refusal. The Buyer acknowledges that variations in the final Products may occur due to the nature of handmade materials and the personalisation or customisation process, and that exact replication of requested designs or features cannot be guaranteed. Any such variations shall not constitute a defect or breach of contract. The Buyer shall provide specific instructions, preferences, or requirements to the Seller at the time of order placement or as otherwise agreed upon by the parties in writing.

 

  1. In relation to Cakes, the Buyer may request the use of specific images to be incorporated into the design of the Cakes. The Buyer warrants and represents that they have all necessary rights, licenses, and permissions to use any images provided to the Seller for this purpose and shall indemnify and hold harmless the Seller, its directors, officers, employees, and agents against any claims, damages, costs, losses, or liabilities (including reasonable legal fees) arising from the use of such images or any breach of this warranty. The Seller reserves the right to refuse the use of any images that are deemed inappropriate, technically unfeasible to reproduce, or that may infringe upon third-party rights, with no obligation to provide reasons for such refusal.

 

  1. The Seller will make reasonable efforts to meet the Buyer's personalisation or customisation requests and deliver Products that substantially conform to the agreed specifications. However, due to the handmade nature of certain Products, exact replication of requested designs or features cannot be guaranteed, and minor variations shall not constitute a breach of contract or defect in the Products. The Buyer acknowledges that variations in the final Products may occur due to the nature of the materials and the personalisation or customisation process.

 

  1. All requests for personalisation or customisation must be made in a timely manner and are subject to the Seller's acceptance and ability to fulfil such requests. Additional charges may apply for personalisation or customisation services, and these will be communicated to the Buyer prior to the commencement of any work.

 

8.STORAGE, SHELF LIFE AND ADDITIONAL REQUIREMENTS

 

Storage and handling requirements are specific to each product category and must be strictly followed to maintain product quality and safety. The requirements below are organised by product category and are essential terms of this agreement:

 

The Seller provides detailed storage and handling instructions with each product. While the Seller strongly recommends following these instructions, the Buyer's statutory rights under the Consumer Rights Act 2015 and other applicable consumer protection laws remain unaffected. The Seller's liability for product deterioration or damage will be determined in accordance with these laws. The Buyer should follow all provided storage instructions to maintain product quality. For quality-related claims to be valid, the Buyer must provide photographic evidence of proper storage and handling in accordance with the category-specific requirements provided at the time of purchase within the timeframes specified in the Warranty section. The Buyer bears the burden of proof in demonstrating proper storage and handling. Failure to demonstrate such compliance will void any quality-related claims and warranty rights. The Buyer acknowledges that they have received, understood, and agreed to follow all storage instructions at the time of purchase. The Seller reserves the right to inspect the product on-site to verify storage conditions if deemed necessary.

 

  1. Category A Products: All cakes and baked goods are freshly prepared and must be consumed within 3 days of leaving our premises. Products must be stored in a cool, dry environment and kept away from direct sunlight and heat sources. It is the sole responsibility of the Buyer to ensure proper storage conditions and consumption within this timeframe. The Seller shall not be held liable for any issues or concerns arising from: (i) consumption of products beyond the recommended shelf life of 3 days; (ii) products not stored in accordance with the storage instructions provided above; or (iii) any allergic reactions or health issues related to consumption, except where such liability cannot be excluded under applicable law. For food safety and hygiene reasons, Category A Products cannot be returned or exchanged once they have left our premises. The Buyer acknowledges that failure to follow these storage requirements voids all quality guarantees and warranty claims.

 

Cake Storage Requirements:

  1. Store in the provided box on a flat, stable surface;

  2. Maintain Cool/moderate room temperature; Keep away from direct sunlight and heat sources;

  3. Avoid humid environments;

  4. If refrigeration becomes necessary (temperatures above 20°C):

-   Allow cake to reach room temperature before serving (30-60 minutes). The Buyer acknowledges that refrigeration creates condensation which may affect the cake's appearance, design and texture.

-   Keep in sealed box to prevent moisture absorption as much as possible

-   Do not refrigerate for more than 24 hours

 

The Seller is not responsible for any damage to or deterioration of cakes once they have been delivered to a venue or collected from the Seller's premises.

 

The Seller is not liable for quality issues arising from improper storage or handling outside these specifications.

 

  1. Latex Balloons: The float time of latex balloons varies, but on average a 10” balloon will last for 12 to 18 hours. With the use of a float extender, this time frame can be extended to 3-4 days. Environmental factors affect balloon performance:

    1. Warm weather increases internal pressure and may cause premature bursting;

    2. Cold weather or rain causes helium contraction and may result in deflation. Rain also weighs balloons down and creates watermarks;

    3. Direct sunlight accelerates deterioration and creates hotspots which may damage the structural integrity;

    4. Proper indoor storage at a cool / moderate room temperature is recommended for optimal longevity;

    5. Outdoor use – the weather will affect balloons. Latex reacts with oxygen which oxidises the latex creating a velvet texture and colour change. Wind can break tethers as it puts strain on fixings, sun and wind can burst the balloons and rain makes them sink and leave watermarks;

    6. Contact with walls, glass, rough surfaces, ceilings etc. can cause breakages and may leave damage to surfaces, staining, colour transfer, wall fixing points etc.; and

    7. The Seller shall not be liable for any damage to persons or property caused by balloon bursting, except where such liability cannot be excluded under applicable law. The Buyer acknowledges the inherent risks associated with balloons and agrees to take appropriate precautions to minimize risk of injury or property damage.

 

The Seller does not guarantee specific float times as environmental conditions are beyond the Seller's control. The Buyer is advised to handle balloons with care to avoid any damage.

 

  1. Foil and Plastic Balloons: Foil and plastic balloons have an average float time of 3 to 5 days, and the visual quality can last up to 2 weeks. However, exposure to extreme temperatures can affect the balloon's integrity, so the Seller recommends keeping them in a moderate environment. The environmental factors and handling precautions set out in clause (b) above regarding latex balloons also apply to foil and plastic balloons. Please note that our team conducts thorough quality checks before collection for all pre-ordered balloons.

 

  1. Additional Requirements:

 

  • Use of Flowers: Fresh flowers required for Cake decoration are not included in the price. While we will collaborate with your florist regarding sizes, structural supports, height, and design requirements, you are responsible for making all necessary arrangements with the florist to provide the flowers to us. Flowers must be provided in pre-prepared posies using food-safe plastic picks or bowls to minimise cross-contamination between the flowers, their water source, and the cake. Please note that we will not be responsible or liable for any problems caused by using fresh flowers on our cakes, including but not limited to toxins or pesticide cross contamination, allergic reactions cause by the flowers, their sap or pollen or the use of recommended non-edible flowers on our cakes.

 

We do not take responsibility for any damage to the cake caused by floral arrangements implemented by your florist, venue staff, or any other third party once the cake is released from our care.

 

If fresh flowers are used, we advise the cake to be set-up as late as feasibly possible, in a cool environment on a structurally sound platform that can withstand the total weight of the display. To help ensure the freshness and safety throughout the day and taking into consideration the weather conditions or room temperature at the time, it may be necessary to cut the cake relatively early in the proceedings to produce the best results for yourselves, your photographer, and your guests.

 

  • Use of Additional Material: It may be necessary to produce/provide items for your Order which need to be structurally sound or are non-edible (such as plastic figure/flowers, glasses, metal structures, plastic supports (such as dowels in cakes or hoops in balloon rings)) and/or fixing points using magnets, adhesive tacks/cable ties or wires etc., along with hardened edible handmade items such as flowers, edible pearls, plaques, figures etc. (made from and/or edible pastes) that have the potential of being a choking hazard or cause any form of personal injury. This material will be used where necessary (with the appropriate food grade materials when required) to secure/create your commissioned product, and will be discussed with you before using, but any such use will solely be at THE BUYERS OWN risk. Some elements may need to be removed before use or consumption and will be THE BUYERS responsibility. We do not accept liability for any damage caused to properties or persons by the equipment or products used for arrangements commissioned at your instructions, except where such liability cannot be excluded by law. The Buyer acknowledges the inherent risks associated with these materials and agrees to use reasonable care in handling them. It shall be your responsibility to prearrange, where necessary, the use of the anchor points to secure commissioned displays of any kind, soundly to structures such as walls or ceilings and/or the use of highly vulnerable material such as latex balloons that may cause injury, if damaged. This includes the use of adhesives, magnets, ties, and anchor points that could damage the surface they are attached to or balloons which could have a potential risk of personal injury, if popped or the helium content inhaled.  

 

  1. Edible Images: The Buyer may supply digital images for inclusion in their order. However, it is important to note that the quality of the printed image depends on the quality of the provided photo. The Buyer confirms that they either own the rights to use the supplied images or have obtained the necessary permissions to do so. The Seller shall not be held responsible for any infringement claims arising from the use of the provided images and the Buyer agrees to indemnify the Seller against any such claims.

 

  1. Amendments to Designs: The Buyer may request amendments to their order in writing or verbally with a senior staff member. However, please note that any changes that affect the price or preparation of the Product will result in an adjusted balance. The Seller reserves the right to alter the design if necessary to maintain the quality of the Product.

 

  1. Displays: The Buyer is advised to carefully consider the risks associated with certain design elements before placing their order. The Seller shall not be held responsible for any damage that may occur once the order is out of their possession.

 

  1. Cake Setup: It is the Buyer’s responsibility to ensure arrangements are made for the cake table, linen, cake stand and knife, where necessary which should all be set-up prior to our arrival (where delivery of Products is requested). If any delay is incurred due to these not being set-up prior to our pre-arranged arrival, the Seller shall charge for any delay incurred at the prevailing hourly rate (currently £20 per hour, subject to change), with a minimum charge of one hour. Any partial hour shall be charged as a full hour. Please take extra care to ensure a stable cake table is available, if you are having an outside set up or the venue has an uneven floor as this can easily rock the cake and may cause damage. We do not recommend moving your cake once it is in situ. We will only leave a cake not on display, if advised by the event co-ordinator with your prior knowledge.

 

  1. Hire of Stands and Accessories: In the case of hiring cake stands or decorations, the Buyer is required to pay a retainer. This retainer is refundable 24 hours after the return of the items in the same condition as supplied and within the agreed timeframe. However, failure to return the items as agreed will result in the forfeiture of the retainer to cover the Seller's reasonable costs and losses. The Seller shall not be held responsible for any loss or damage to the hired items during the agreed rental period. All hired items must be returned within the agreed timeframe to receive the retainer refund.

 

9.PRICES AND PAYMENT

 

  1. The prices for all Products shall be as set forth on the Seller's price list, with separate pricing structures for each category of Products.

 

  1. All prices are quoted in GBP and are inclusive of VAT (where applicable) but exclusive of delivery charges, unless otherwise stated. The total price for the order, including delivery charges, will be clearly communicated to the Buyer before the order is finalised. Payment shall be made according to the schedule outlined in the order confirmation.

 

  1. Payment for the Products must be made either (a) in full at the time of ordering, or (b) with a minimum deposit / retainer percentage as agreed in writing with a senior member of staff, using one of the payment methods accepted by the Seller.

 

  1. For all Bespoke Products (including Category A custom cakes and personalised Category B and C decorations and Category D custom products and Category E balloon and displays), the Seller requires a non-refundable retainer of 50% of the total order value at the time of order placement. This retainer is non-refundable due to: (a) the custom nature of the Products, (b) immediate commencement of planning and procurement of materials, (c) consultation services provided during the design phase, and (d) reservation of production capacity upon order acceptance. The remaining balance is due fourteen (14) days prior to delivery or upon collection. For orders placed less than fourteen (14) days before the required date, full payment is required at the time of ordering. The Seller reserves the right to refuse any order that cannot be fulfilled within the requested timeframe. Once production of any Bespoke Product has commenced, no refunds will be provided except as required by law. If full payment is not received by this deadline, the Seller reserves the right to cancel the order and retain the retainer to cover costs already incurred. The exact amount of the retainer and the due date for the final payment will be clearly communicated to the Buyer in the order confirmation.

 

  1. Final payment for the Products, after deduction of any deposit or retainer previously paid, is due 14 days prior to the scheduled delivery or upon collection date as specified above. For orders placed less than 14 days before the required date, full payment is required at the time of order. The Seller reserves the right to withhold delivery of the Products and/or release from the Seller's care, until full payment has been received.

 

  1. In the event of late payment, the Seller reserves the right to charge interest on the outstanding amount at the statutory rate permitted under the laws of England and Wales from the due date until the date of payment in full.

 

10.DELIVERY AND COLLECTION

 

  1. The Seller shall make the Products available for delivery or collection in accordance with the product category-specific terms set out in this clause. For all product categories, regardless of the ordering method (including but not limited to social media platforms, email, telephone, or other verbal communications), the Seller will provide a written confirmation containing all relevant details and product category-specific terms (if any, in addition to these Terms). The Buyer shall select the preferred method of delivery or collection at the time of placing the order.

 

  1. Acceptance of Products: The Buyer shall be deemed to have accepted the Products if:

 

  1. for Category A products (Cakes) and other perishable items, the Buyer has not notified the Seller of any defects or non-conformity within 2 hours of delivery or collection, with such notification to include clear photographic evidence of any alleged defects;

 

  1. for Category B and C products (Decoration Products) and other non-perishable items, the Buyer has not notified the Seller of any defects or non-conformity within 24 hours of delivery or collection;

 

  1. the Buyer has used, consumed, or resold any part of the Products; or

 

  1. the Buyer has expressly communicated acceptance of the Products to the Seller. Once the Products are accepted, the Buyer waives any right to reject the Products or claim for damages, except for hidden defects that could not have been discovered during the initial inspection period.

 

  1. For Category A products (Cakes) and Category E products (Balloons and Displays), the Buyer may opt for collection from the Seller's premises or for delivery by the Seller. If delivery is selected, the Seller shall provide the Buyer with a firm delivery date at the time of order. The Seller commits to delivering the Category A and Category E products on the agreed delivery date. The Seller shall not be liable for any delays in delivery due to circumstances beyond its reasonable control.

 

  1. For Category B products (Party Decorations and Accessories) and Category C products (Cake Supplies and Edible Decorations), the Buyer may choose between delivery or collection from the Seller's premises. Delivery charges, if applicable, and estimated delivery times will be communicated at the time of order. While the Seller will make reasonable efforts to meet specified delivery times, delivery times are estimates only and time shall not be of the essence for delivery. The Seller shall not be liable for any delivery delays caused by traffic conditions, weather events, third-party carrier delays, or other circumstances beyond the Seller's reasonable control. In the event of substantial delay, the Seller's maximum liability shall be limited to the delivery charges paid by the Buyer. The risk of loss for all Products shall transfer to the Buyer at the following points: (a) upon delivery to the carrier for shipment, (b) upon collection by the Buyer from the Seller's premises, or (c) upon delivery to the agreed delivery address/venue, as applicable to the chosen delivery method.

 

  1. The Buyer is responsible for providing accurate delivery address and contact information. The Seller shall not be liable for any loss or damage resulting from incorrect delivery information provided by the Buyer.

 

  1. Upon delivery or collection, the Buyer is responsible for inspecting the Products for any defects or discrepancies. Any issues must be reported to the Seller within 2 hours of delivery or collection for Category A products (Cakes), Category D products (Custom Products), Category E products (Balloons and Displays) and other perishable items, and within 24 hours for Category B and C products (Decoration Products) and other non-perishable items, with supporting photographic evidence taken at the time of delivery/collection. The photographic evidence must clearly show the alleged defect and the entire product. Failure to provide timely notification with adequate evidence may affect the Buyer's ability to make a claim relating to such defect or discrepancy, except where such limitation would be contrary to the Buyer's statutory rights. The Seller will not accept claims for damage occurring after delivery or collection.

 

 

 

11.CANCELLATION AND REFUNDS

 

The Seller accepts returns only in accordance with the Consumer Rights Act 2015 and the Buyer's statutory rights thereunder. The Seller reserves the right to cancel any order at any time prior to delivery, subject to providing a full refund of any payments made by the Buyer, if (a) the Seller reasonably believes the order cannot be fulfilled to the required standard; (b) there are concerns about food safety or quality; (c) full payment has not been received by the specified deadline; or (d) the Buyer has breached any term of this agreement.

 

All Category A products (Cakes), Category D (custom products) and Category E (balloons and displays), perishable products, and products sold by weight are non-refundable once dispensed or created, except where the Buyer's statutory rights under the Consumer Rights Act 2015 apply. This includes but is not limited to rights relating to faulty goods, goods not as described, or goods not fit for purpose.

 

Please refer to the relevant section below based on your product category:

  1. For Category B products (Party Decorations and Accessories):

    1. Custom vinyl lettering and personalised items are non-refundable

    2. Clearance items are final sale

 

  1. For Category C products (Cake Supplies and Edible Decorations):

    1. Perishable items (including but not limited to fondant flowers, cupcake toppers, food colourings, compounds, and opened packaging) cannot be returned

    2. Items requiring temperature control or with limited shelf life are non-returnable once received

    3. Bulk items sold by weight (including but not limited to sprinkles, fondant, marzipan, flours, sugars, and cocoa) are non-refundable once dispensed

    4. While ingredient lists and allergen information are available upon request, these items are sold as non-prepacked foods in accordance with Food Standards Agency guidelines

    5. The Seller maintains records of batch numbers and best-before dates for all bulk items

 

  1. For Category D products (Custom Products, Printed Items, and Cakes):

    1. Including but not limited to: custom cut cake toppers, edible prints, custom designs, sticker sheets, vinyl lettering, and personalised cakes

    2. All custom orders require written confirmation of design specifications

    3. Digital proofs must be approved by the Buyer before production begins

 

  1. Cancellation and Refunds for Customised Products: For personalised or customised Products across all categories, refunds are not available once production has commenced, except where Products are faulty or not as described. This limitation applies due to the bespoke nature of these items.

 

12.LIMITATION OF LIABILITY

 

  1. Nothing in these Terms shall limit or exclude the Seller's liability for:

 

  • death or personal injury caused by its negligence;

  • fraud or fraudulent misrepresentation;

  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979;

  • defective products under the Consumer Protection Act 1987; or

  • any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.

 

  1. Subject to the preceding paragraph, the Seller's total aggregate liability under or in connection with this contract, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no event exceed the total amount paid by the Buyer for the Products. The Seller shall not be liable for any indirect, consequential, or special losses, including but not limited to loss of profit, revenue, business opportunity, or goodwill.

 

  1. For Cakes, Balloons and physical Decoration Products:

- Direct losses are limited to the purchase price of the affected Product(s) plus any delivery charges paid by the Buyer

- No liability for consequential losses (e.g., event cancellation costs)

 

  1. For all Products:

- No liability for loss of profit

- No liability for indirect or consequential losses

- Total liability capped at the purchase price of the specific affected item(s) plus any delivery charges paid by the Buyer

 

  1. The Seller shall not be liable for any delay or failure to perform any of its obligations under the Terms if the delay or failure results from events, circumstances or causes beyond its reasonable control.

 

  1. The Seller shall not be liable for any damage to or loss of all products that occurs after delivery to the Buyer. The Buyer must inspect the Products upon delivery and notify the Seller of any visible defects or damage within 2 hours of delivery for Category A products (Cakes), Category D (custom products) and Category E (balloons)  and other perishable items, and within 24 hours for Category B and C products (Decoration Products) and other non-perishable items. The Buyer acknowledges receiving handling and storage instructions at the time of delivery and agrees to strictly follow these instructions. Any damage, deterioration, or quality issues resulting from failure to follow these instructions, including but not limited to improper temperature control, exposure to adverse conditions, or inappropriate transportation methods, shall void any warranty claims and be the Buyer's sole responsibility.

 

13.INTELLECTUAL PROPERTY

 

  1. All intellectual property rights in the Products remain the sole property of the Seller, including but not limited to cake designs, decorative artwork, proprietary recipes, production techniques, methods, and any customisations or personalisation made at the request of the Buyer. The Seller reserves the right to photograph all Products and use such photographs for marketing purposes, including on social media platforms, unless explicitly agreed otherwise in writing. By purchasing Products, the Buyer grants the Seller a perpetual, worldwide, royalty-free, non-exclusive license to use photographs of the Products for promotional purposes across all media, whether now known or hereafter created, provided that such use does not identify the Buyer without their separate written consent. The Buyer acknowledges that by purchasing the Products, they do not acquire any intellectual property rights in the Products, except for the right to use the Products for their intended purpose.

 

  1. The Seller grants the Buyer a non-exclusive, non-transferable right to use the Products, including but not limited to designs, recipes, decorative elements, and customisations, for personal, non-commercial use only. This includes the right to consume, display, and photograph the Products. The Buyer is explicitly prohibited from replicating, modifying, distributing, selling, or commercially exploiting the Products or any part thereof, including their designs and recipes, without the express written consent of the Seller.

 

  1. Any use of the Seller's intellectual property beyond the scope of this license may constitute an infringement of the Seller's rights and may result in legal action.

 

14.DATA PROTECTION AND PRIVACY

 

  1. In compliance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR), the Seller is committed to protecting the privacy and security of the Buyer's personal data. The Seller will only collect, use, and disclose personal data in accordance with applicable law and for the purposes of fulfilling the contract between the Seller and the Buyer. These purposes include: (a) processing orders, arranging for delivery, and managing returns; (b) processing design requirements, personalisation specifications, and quality assurance for Customised Products; and (c) payment processing, customer service, and marketing communications (subject to the Buyer's consent).

 

  1. The Buyer's personal data may include, but is not limited to: (i) name and contact details (including delivery address, phone number, and email); (ii) payment information; (iii) for food Products: dietary requirements, allergen information, or food preferences; (iv) order history and design preferences; (v) for customised Products: any personalisation or customisation details, including designs, specifications, and special requirements; and (vi) communications between the Buyer and the Seller regarding Orders. The Seller will take appropriate technical and organisational measures to safeguard the Buyer's personal data against unauthorised or unlawful processing and against accidental loss, destruction, or damage.

 

  1. The Buyer has the right to request access to, rectification or erasure of their personal data, or restriction of processing, as well as the right to object to processing and the right to data portability. Requests should be made in writing to the Seller's designated data protection officer.

 

  1. For more information on how the Seller processes personal data, the Buyer may review the Seller's privacy policy, which is available on our website at [website URL], in our shop premises, or can be sent via email upon request. The privacy policy forms an integral part of these Terms and Conditions. By placing an order, the Buyer acknowledges they have read and understood our privacy policy.

 

15.FORCE MAJEURE

 

  1. The Seller shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause that is beyond its reasonable control and which could not have been prevented or mitigated through the implementation of reasonable business continuity measures. Such causes include, but are not limited to: (a) acts of God, natural disasters, terrorism, war, civil disorder, fire, floods, storms, epidemics, pandemics, government restrictions, strikes, failures of utility services, and power outages; (b) refrigeration system failures, critical ingredient shortages, unexpected regulatory changes affecting food production, and sudden illness of key production personnel; (c) supply chain disruptions affecting materials, equipment malfunction specific to customisation processes, and unavailability of specialised design personnel, or any other circumstances that materially affect the Seller's ability to fulfil the order as agreed. The affected party shall: (i) notify the other party in writing as soon as reasonably practicable and in any event within 48 hours of becoming aware of the force majeure event; (ii) provide regular updates on the situation and expected duration; (iii) take all reasonable steps to minimise the impact and duration of the force majeure event; and (iv) resume performance of its obligations as soon as reasonably possible after the force majeure event ends.

 

  1. Should the force majeure event continue for a period longer than 30 consecutive days, either party may terminate this Agreement by giving 14 days' written notice to the other party. Upon such termination, each party shall remain liable for: (i) the performance of obligations accrued prior to the occurrence of the force majeure event; and (ii) any payments due for Products delivered or services rendered prior to termination. Any advance payments for undelivered goods or unrendered services shall be refunded within 30 days of termination.

 

16.GOVERNING LAW AND JURISDICTION

 

  1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

  1. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with this Agreement or its subject matter or formation.

© 2035 by Sparkles Cakes Oldham, Powered and secured by Image by macrovector on Freepik and Sparkles Cakes Oldham 

Registered office address: 119 Broadway, New Moston, Manchester M40 3NL    Registered in England     Reg No. 55984429

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