I’m bakEd Terms and Conditions for Trade

The Terms set out below form the contract between our client and I’m bakEd. When you Order, and when you have an Order Confirmation along with these Terms, it shall be considered by I’m bakEd that you have agreed entirely to these terms for the sale of Cakes. The responsibility of checking your Order Confirmation and that all details in it are correct shall be yours; please ensure it is indeed correct as that is what shall be used to complete the order.

Sale Basis

I’m bakEd reserves the right to refuse any order during any time without an explanation.

All pictures, any descriptions and drawings, or samples given remain the property of I’m bakEd and are given only to provide you with an idea of the bakes described, this includes any on social media and on our website.

Quotations are not a Booking. A Booking is secured only when our Booking Fee is received and confirmed by I’m BakEd. Once this is confirmed, you are in a legally binding contract with us.

Quotations are valid for 7 Calendar days only, after that if you have not had a confirmed Order, then the quote may need reviewing and the quote may increase.

I’m bakEd cake sizes are approx. 4 inches high. If you wish for a different height, please request this during the Booking.

Prices are calculated from the size of the cakes, the design and style, and the amount of decoration. Prices quoted are non-negotiable.

Delivery and Venue set-up charges apply based on distance from the bakery.

Cakes

We decree that the Cakes shall be of good quality, meet the description in the Booking Order, comply with all Food Safety, statutory and regulatory requirements in Ireland on Collection or Delivery. We will not face liability nor be held responsible for client disappointment from our interpretation of the design, or of the design, once it is made along the line of the customers Booking Order request. The client must take the responsibility of ensuring the Order Confirmation is correct and matches their requirements.

The warranty does not apply to any defect in the Cakes arising from wilful 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 all Allergens are present, including but not exclusive to the following: Milk, Eggs, Gluten, Nuts, Peanuts, Soy. Although we make every effort to avoid any cross-contamination that may occur, we cannot guarantee that any cake is entirely nut-free. We advise all Customers to contact us to advise us of any allergies or intolerances which might affect their suitability to place an order with us. I’m bakEd does not have catering that will supply the following: Dairy Free, Gluten Free, nor Vegan.

As per HSE Regulation, I will provide allergen information to you. Please make yourself and your guests aware of any allergens, due to any allergies that you or your guests may have.

We cannot guarantee an exact colour match to any swatches provided. We shall however endeavour to try our utmost to match it. We also cannot replicate an exact match to any cake, but again will do our best.

Fresh flowers are to be provided by a Florist you choose, please ensure that you contact your Florist about toxicity as some flowers are not suitable. The Flowers are not included in the quoting of any Wedding Cakes. If they are requested, we shall arrange them on the cake once received by the Florist. If they are misused, we cannot be liable for any contamination arising on our food. Therefore, we advise you to request your Florist to contact us so there is no miscommunication arising.

Sometimes in the Cake Industry, materials become unusable by a change of law or simply obsolete. We endeavour to use other quality materials to replace them and to attempt to replicate the original design as much as is possible, without prior consultation.

We advise that sugarpaste figurines not be eaten. Although they are edible, they may have dowels, toothpicks, or dry spaghetti in them to strengthen their structure. Some may even have wire, and that renders them inedible. Handmade figurines can vary due to being handmade both in design and colour.

Stacked cakes have dowels through each of the Tiers. Dowels help stabilise the cakes, but should be removed prior to eating each tier.

There are no additives nor any preservatives in our cakes, so we assume our right to consumption of the cake on the day it is received by you. On receipt of the cake, it needs a cool, dry room away from heat and direct sunlight, and kept in the box provided until eating.

I’m bakEd and the client expressly agree that the cakes and any other goods purchased from I’m bakEd remain the property of I’m bakEd until Full Payment is received by I’m bakEd.

 

Delivery and Collection

All orders may be collected from I’m bakEd by prior arrangement. This is free of charge.

Cupcake Bouquets are very delicate, please handle them with extra care.

All Goods should be transported in the box provided. Keep them on a flat level surface, the well of the passenger side of the car is a good place. Please ensure that you do not have anything that could fall onto the cake placed around or near it. Make sure your vehicle is cold – No heat as this will damage it. Do not put your cake on the passenger seat, in the trunk, or on someone’s lap, nor put a seat belt around it, it will be damaged. Drive slowly and carefully! Carry your cake from the bottom of the box. Lift the Cake out of the box from the bottom of the Cake Board, being careful not to squash your fingers into the Sugarpaste on the board. Once an order has left the premises, we accept no responsibility for any damage sustained to it.

A time that is mutually good shall be organised for you to collect your order. Any changes to your collection time may affect other customers, please advise us of any. If we cannot contact you within 2 hours of your allocated collection time, we will treat this as a late cancellation. No refund shall be issued, and you order may be advertised on Social Media at a reduced price for sale.

If Delivery is requested, the cake shall be delivered on the Order Confirmation Date to the address provided. Delivery times may vary. I’m bakEd shall endeavour to ensure delivery dates are achieved for the provision of the goods or services, however I’m bakEd cannot accept Liability for delays and time shall not be of the essence.

Changes to the Delivery Address after Order Confirmation may have additional charges added to cover extra mileage.

When delivery is to a Wedding Venue, we shall contact the Venue prior to the event to organise a mutually convenient time for the delivery. Once there we shall set up the cake and take a photograph of the cake prior to leaving and if possible, get a signature from the Venue to confirm the cake is in good condition.

If the Venue needs to set up the cake, then we will do our utmost to explain exactly how it should be set up, and again if possible, get a signature from the Venue to confirm that has been done.

Once the cake is delivered at the venue, we are unable to accept any Liability for damages sustained thereafter, nor any failure to follow the instructions provided.

If you request your cake be delivered with a cake stand, a security deposit will be payable with the final balance. The Stand must be returned within 3 working days of the event, in a good clean condition. Once returned, you will be refunded the deposit within 7 days. If the stand is damaged or broken, the cost of the replacement shall be deducted from the security deposit.

Payment

Your Order Confirmation shall have the price of your cake on it.

There is no VAT payable on cakes.

Payment can be made into our Business Bank Account or Cash (in an Envelope with your name, phone number, and the amount of money clearly written).

All orders for Novelty and Celebration Cakes have a 50% Booking Fee, remaining balance is due allowing for 3 working days for payments to clear prior to expected date receipt of cake.

All orders for Wedding Cakes have a Booking Fee of 25% (subject to Minimum of €50). The remaining balance is due 4 weeks prior to the date of the event.

If there is a Short Notice Booking accepted by us (i.e., Within two weeks), immediate Full Payment is required.

All Booking Fees are Non-Refundable.

The balance must be paid in cleared monies by the date specified or it shall be deemed a breach of contract by the customer. We reserve the right to keep the cake/goods until full payment is received by us. If payment is late, we cannot accept responsibility for being unable to buy the materials needed to make the cake as per your Order Confirmation. If this happens, we shall endeavour to make it match as close as possible to your order, however there will be no liability or redress on I’m bakEd.

Cancellations, Postponements, and Amendments.

If you need to cancel your order, charges are as below:

More than 90 Calendar Days prior to the delivery/collection date = Booking Fee Only

1 Calendar Month to 90 Calendar Days prior to the delivery/collection date = Booking Fee and Half the Remaining Costs.

Less than 1 Calendar Month prior to the delivery/collection date = Full Amount

All Booking Fees are Non-Refundable.

If your Wedding is Postponed the expected Fees are the same as a cancellation, and are still due on the same dates as stated in the above Cancellation charges.

If at all possible, on one separate occasion only, we shall endeavour to carry any monies paid forward to the new Wedding Date (Subject to the availability of the new date).

Any further postponements are classed as cancellations. Postponements may need reviewing and the quote may increase.

Amendments to your order may be done, 7 Calendar Days prior for Celebration Cakes, and up to 8 weeks prior to the Wedding Date. This must be done in writing. Any alterations will be confirmed only when you have been issued a new Order Confirmation showing the amendments and any change to the cost.  Payment for any changes made after this time will not be reduced if your design is simpler than the original Order Confirmation.

I’m bakEd reserves the right to cancel, vary or suspend the operation of this contract if events happen which are in the nature of force majeure, including (without prejudice to the generality of the foregoing) Fire, Storm, Floods, Plant Breakdown, Strike, Lockouts, Riot, Hostilities, Non-Availability of Materials of Supplies or any other Event outside the control of I’m bakEd; and I’m bakEd shall not be Liable for any breach of contract resulting from such an event. In an event such as these, we will provide you with written notice, remind you that any Booking Fees paid are Non-Refundable, and shall refer you to our Cancellation Policy. Due to this, we advise you to purchase Wedding Insurance.

I’m bakEd’s liability (both in Contract and tort) in respect of defects in Goods or Services shall be limited to the issue of a Credit Note in respect thereof or granting a Refund or other compensatory measure as I’m bakEd, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim.

I’m bakEd is Registered with the HSE. We must therefore adhere legally by hygiene standards and regulations. If due to sickness, we need to cancel your order (complying with Legislation) we will offer you a Rescheduled Date, or a Full Refund.

I’m bakEd shall not under any circumstances be liable for the Client respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict I’m bakEd’s statutory liability for death or personal injury arising from any negligence on I’m bakEd’s part or liability imposed by statutory implied terms on Consumer Contracts.

Complaints

Cake complaints are extremely uncommon as we put a serious amount of effort and thought into each cake. Complaints are very serious, and as such we take them most earnestly. If there is a matter in question, it must be brought to our attention within 48 hours of receipt of cake, so that we may have an opportunity to assess it equitably.

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.

Celebration Cake decoration complaints can be repaired easily, so mistakes like this must be pointed out prior to receipt of cake so we may have the opportunity to fix them. Once the Celebration Cake has been handed over, this confirms decoration is as requested and no further claims can be made.

Wedding Cakes: Customers, if desired, shall be sent a detailed sketch of their cake prior to the Wedding. It is the customers responsibility to confirm this meets their wishes and raise any problems with us if there is an issue.

If there is a complaint regarding the quality of the Cake, then the cake or Tier of Cake must be returned as soon as possible after cutting and within 48 hours of receipt of cake so that we may be able to fairly assess it.

We shall only deal with the Client who placed the Order.

General Terms

All designs and intellectual property rights remains the property of I’m bakEd.

We reserve the right to use images of your cake for any form of advertising including Web-based promotions, brochures, galleries, and competitions. We advise you to make copies of all your documentation received from I’m bakEd for your own records.

This Agreement together with Order Confirmation documents provided constitutes 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 anyone 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 Irish 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.