Mesmerising Icing

Terms & Conditions

1. Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customer and Mesmerising Icing. These terms, your order and your order confirmation (including email confirming the order) are considered by us to set out the whole agreement between you and us for the sale of cakes, cupcakes and cupcake bouquets. It is your responsibility to check all details in the order confirmation/email are complete and accurate as this is the document we work to when completing your order.

If an order is placed for items from Mesmerising Icing’s website for any of our bake@home range (cake mix, cupcake kit, PDF recipes), it will be deemed that our terms and conditions are accepted.

2. Basis of Sale

Any samples, drawings, or descriptions we issue, and any descriptions or illustrations contained on our website and social media are issued solely to provide you with an approximate idea of the cakes, cupcakes and cupcake bouquets they describe and remain the property of Mesmerising Icing.

Following an enquiry for a celebration or wedding cake, a quote is valid for a period of 14 days from the day of issue. We cannot guarantee an order and time slot until a booking fee has been paid.

Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 4 to 6 inches deep as standard. If you would like a deeper cake this needs to be requested at the time of booking.

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 Mesmerising Icing.

3. The Cakes (including Cupcakes and Cupcake Bouquets)

We warrant that on delivery or collection, the cakes shall conform to their description as set out in the order confirmation/email, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements in the UK. We will not be held responsible for the customer’s 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/email and will face no consequent liability. It is the customer’s responsibility to ensure all details within the order confirmation/email are correct and meet their exact 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 cakes in a way we do not recommend, or your failure to follow our instructions or any alterations you carry out.

When ordering your cakes, please ensure you inform us of any allergies and intolerances that may affect your order. With regard to this, please note that all our cakes are baked and decorated in a domestic kitchen. Every effort will be made to ensure that all equipment and surfaces will be free from allergens or intolerances you mention but we cannot guarantee this.

Anyone with severe food allergies or intolerances should not consume out cakes.

Our cakes are made of natural ingredients and do not have additives and preservatives to ensure an extended shelf life, so we cannot guarantee the quality of the product if consumed after their best. Our cakes should be consumed within 2 days inclusive of pick up/delivery and date of event.

None of our cakes should be frozen.

Cakes should be stored in a cool dry place, in the box provided, at room temperature, away from direct sunlight, sources of heat and moisture.

If your event is outside please keep the cakes in a shaded area out of direct sunlight and covered to prevent anything settling on it.

Mesmerising Icing cannot be held responsible for any consequences, if the storage instructions are not followed and for any damage to your cakes due to environmental issues.

We cannot guarantee an exact replica of any cake, cupcakes or cupcake bouquet, but we will do our best to make it so. Where colour swatches are provided, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.

Fresh flowers are not included in the price of any wedding cake design. If a wedding cake is to be dressed with fresh flowers these are to be provided by your florist. We will arrange the flowers on the cake. Please note some flowers are not suitable for use as a cake decoration. Ask your florist for details regarding toxicity. We cannot be liable for any contamination to our food product that may arise from their misuse. We recommend that your florist liaise directly with us to confirm details about the size of cake being dressed to avoid any miscommunication.

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.

Food colouring is used in some of our cakes and for decorating purposes, some of which may cause stains to the mouth.

A small amount of alcohol is used in some cake decorating techniques so please let us know if this is not suitable.

Depending on the cakes ordered they may contain inedible items such as cupcake toppers, dowels in tiered cakes, tooth picks, wires, floral tapes, polystyrene/magic mould centres in sugar flowers, flower picks and wire clips. All of these should be removed prior to consumption of the cakes.

If your cake contains sugar flowers or figures made from sugar paste, whilst edible, we do not advise that they be eaten as they may have all or some of the inedible items mentioned above.

Birthday candles should not be used on cupcake bouquets as the packaging is flammable.

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

Once an order for a cake, cupcakes or cupcake bouquet has been booked, changes to the order can only be accepted at Mesmerising Icing’s discretion and time availability.

4. Delivery and Collection

All orders may be collected free of charge from Mesmerising Icing by prior arrangement. We accept no responsibility for any damage or any interference sustained to the cake once it has left the premises.

Upon collection of a cake it is recommended that it is transported on a flat surface, preferably supported to prevent movement whilst traveling.

If delivery has been requested, we will deliver the cake on the day set out in the order confirmation/email to the address provided.

For deliveries please provide the correct contact details and address of the recipient. Mesmerising Icing will not be held responsible for any orders not delivered due to incorrect or incomplete delivery details.

Mesmerising Icing will always do the best it can to ensure delivery dates and times agreed are achieved for the provision of the goods or services.

Mesmerising icing shall not be held responsible for adverse weather conditions affecting access to any venue. Mesmerising Icing will make every reasonable attempt to get to the venue only when it is deemed safe to do so.

If the delivery address changes after the order has been confirmed additional charges may be added to cover extra mileage.

If delivery has failed due to no one being present to receive the cake at the date and time agreed you will be responsible for collecting the item from Mesmerising Icing at a date and time that is suitable to us. In these circumstances the order costs and delivery charges (if applicable), are not refundable.

Should the customer require the cake is to be left somewhere or with someone then Mesmerising Icing will not be held responsible or liable for any consequent damage once it has been left as requested.  

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 or your representative, (a designated person you have chosen), confirming the cake has been received in good condition. Should the venue or your representative 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 any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.

For products from our bake@home range Mesmerising Icing will take all necessary precautions to deliver the order by Royal Mail within 7 days of receipt of the order. However, there may be circumstances beyond our control that lead to delays. Mesmerising Icing cannot guarantee exact delivery dates and cannot be held responsible for any unforeseen problems. Mesmerising Icing cannot take responsibility for any issues relating to the quality of service and disruption on the part of Royal Mail. Orders are not dispatched on weekends or on Bank Holidays.

5. Price and Payment

The price of your cake will be as set out in your order confirmation/email. No VAT is payable on the cakes. A 30% booking fee is required for all orders.

The booking fee is payable upon an order being placed and is non-refundable.

The payment of the balance is required (5 days for cupcakes and cupcake bouquets and 21 days for cakes respectively) prior to pick up or delivery.

If payment is not received by the date specified, this shall be constituted as breach of contract by the client.

Mesmerising Icing reserve the right to cancel an order if the deposit and final payments are not made as stated.

For wedding cakes, a detailed order confirmation/email 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.

The balance must be paid in cleared monies no later than the date set out in the order confirmation/email by bank transfer to the account specified. If paying by debit or credit card, please allow 3 working days for payment to clear. Late payments will incur a £25 charge.

Mesmerising Icing 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/email. In these circumstances the cake will be made as close to the order confirmation/email as possible with no redress or liability on Mesmerising Icing.

 

6. Cancellation, Postponement and Alterations

In the event of a cancellation by the customer, there will be charges which are as follows;

More than 90 days prior to the date = booking fee only.

Between 90 and 30 days prior to the date = booking fee plus half the remaining cost.

Less than 30 days prior to the date = full amount.

Any booking fees previously paid are non-refundable.

In the event of a wedding postponement, the payment due remains the same as a cancellation. If you postpone more than 90 days prior to the date the booking fee only applies. If you postpone within 90 days of the wedding, half the remaining cost will be due on the original payment date. If you postpone less than thirty days prior to the wedding, the outstanding balance remains payable on the original due date. Subject to availability we will carry any monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancelation.

You may, prior to 10 weeks before the wedding day, or 21 days for celebration cakes, amend your order by providing us with written notice. In the case of alterations, a new order confirmation/email will be issued/sent detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation/email has been issued/sent.

Any changes after the time scale stipulated above will be at the discretion of Mesmerising Icing and time availability.

Mesmerising Icing reserve 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 Mesmerising Icing, and Mesmerising Icing shall not be liable for any breach of contract resulting from such an event. In this situation we will provide you with written notice and any booking fees paid are non-refundable and we refer to our cancellation policy. As such we advise you to purchase wedding insurance.

Mesmerising Icing’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 or granting a refund or other such compensatory measures as Mesmerising Icing, 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.

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

In the event of an illness, injury or emergency suffered by the baker at Mesmerising Icing resulting in the cancellation of the order, Mesmerising Icing will provide a full refund of payments made. As an alternative to a refund the cakes can be made at a later date in the future.

With regard to products from out bake@home range, please note the following:

1.     Refunds are not available for any of our PDF download recipes.

2.     If the purchase of the cupcake kit or cake mix/batter is cancelled prior to it being made then the price paid for the goods will be refunded.

3.     If the cupcake kit or cake mix/batter is damaged or defective, then Mesmerising Icing should be contacted within 12 hours upon receipt to arrange return or collection. Mesmerising Icing will not be responsible for cost of return or collection. The products must be returned in their original condition with all packaging. Upon receipt of the returned goods, the price of the goods only (not including the original delivery) that was paid will be refunded through the same payment method used when the goods were ordered.  If the returned goods are not in an acceptable condition then we reserve the right to refuse a refund.

7. Complaints

Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously. Any issues must be brought to our attention within 48 hours of collection or delivery to give fair opportunity to assess the nature of the complaint.

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 and providing the other party with a prior opportunity to resolve any issues between the parties amicably. This also applies to products from our bake@home range.

Faults regarding the decoration of cakes can be easily repaired, so errors must be pointed out upon delivery/collection so as to give us the opportunity to correct them.

Decoration for wedding cakes will be detailed in the order confirmation/email sent to the client after the design and taster/sampling consultation. It is the client’s responsibility to check that this meets with their requirements and raise any issues with Mesmerising Icing if there are any discrepancies.

Where the complaint is in regard 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.

Complaints in relation products from our bake@home range can be raised by email to mesmerisingicing@gmail.com . Mesmerising Icing will acknowledge and respond to the complaints within a timely manner.

8. General Terms

All designs and intellectual rights remain the property of Mesmerising Icing.

We reserve the right to use images of your cakes for any form of advertising including web-based promotions, brochures, galleries and competitions. It is advisable that you make a copy of all documentation received from Mesmerising Icing for your own benefit.

Please note that the design and content of downloadable PDF recipes from Mesmerising Icing’s bake@home range is the property of Mesmerising Icing. Purchase of the downloadable PDF recipes is for the use of the recipient only, sharing of the document is prohibited.

Mesmerising Icing will not be liable for business losses. If our products are used for commercial use, business or resale we shall not be liable any loss of profit, loss of business, business interpretation or loss of business opportunity.

This agreement, together with the order confirmation documents/email provided constitutes the entire agreement and understanding between the parties relating to the order. Unless 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 unless 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 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 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.

Mesmerising Icing reserve the right to review and update its terms and conditions periodically.

9. Data Protection & Privacy Statement

Pleases note that we will protect your privacy and will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We will not reveal any information to any third party and only keep it as long as it necessary.

When paying for products and PDF downloadable recipes from our bake@home range we use Stripe for all transactions, therefore we can access the details you share with them when making a purchase from our website. Please refer to Stripe’s privacy policy for details of how they protect and store your information.

Terms and Conditions for Courses and Digital purchases 

 All online courses and products purchased from Mesmerising Icing are subject to the following Terms and Conditions. Please read them carefully to ensure you are clear and understand them as they constitute a binding agreement between you and Mesmerising Icing. By purchasing a course or digital download, you signify your acceptance of these Terms and Conditions. 

 Ahead of making any purchases of a course or digital download, you will be asked to tick a box indicating that you have read and understood the Terms and Conditions and agree to accept them. In ticking that box, you will be accepting the terms set out here. 

 Purchase Terms for Online Digital Courses and Downloads

 Mesmerising Icing is based in the UK and our Terms of purchase are governed by UK Legislation. Distance selling rules for digital services do not apply to Mesmerising Icing. You are required to confirm you have read the Terms and Conditions prior to purchase as you have no right to a 14 day cancellation with these instant digital downloads and courses. The courses comprise of pre recorded videos & PDF templates.

 By ticking the box, you will have accepted the Terms and Conditions and agree to the instant access to a digital asset, you will not receive a physical product. There will be no 1:1 or group training unless otherwise stated. Once payment has been processed you will receive an email with access details to the course and digital download (whichever is relevant). You can download and save PDFs to your device if purchasing the digital download. Online digital courses are available for viewing for individual use only. They are not available for download, unless stated. 

 Once a digital course or download has been purchased you will be supplied with an email link to register your account. You will then choose a password to allow you to access your course or digital download, (whichever is relevant) via the login service on the portal. It is vital that you enter your email address correctly as this is how you will receive your username and password details.

It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your personal data in accordance with The Data Protection Act 2018 (DPA 2018).

It is your responsibility to maintain the confidentiality and security of your personal data especially your username and password. 

Please note that online digital courses that are purchased are only available for viewing via Mesmerising Icing’s portal. 

Once purchased you can view the course when you choose and as many times as you choose for the lifetime of Mesmerising Icing. 

Refunds: As you receive instant access you will not be entitled to receive a refund, so please check that you are purchasing the correct digital course or digital download.

Payment: Payment for online digital courses or download is via the Stripe system. You can pay by Stripe account or as a Stripe guest using a credit or debit card. Stripe is available in most countries around the globe. 

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason, does not authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non delivery of the products ordered. 

It is your responsibility to provide accurate personal information and to update your personal data as necessary to keep it accurate for us to complete your order. You acknowledge that all the details you provide to us for the purpose of selling and delivering products to you are correct, and that the credit card or debit card that you propose to use is your own, or that of a third party who has given you full permission and authority to use it, and that you or such third party have sufficient funds to meet the costs of products ordered.

We will not store your credit card or debit card details anywhere on the site. 

Intellectual Property 

The intellectual property rights on the website and in the portal, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes and any other right, are the sole property of Mesmerising Icing, or of third parties by whom Mesmerising Icing was licensed according to law. These rights apply, among others, to any textual and non-textual information, including images, graphic design, course material, data and its processing, the website’s computer code and any other details concerning its operation. 

Trademarks appearing on the website (whether registered or not), the name of Mesmerising Icing and its trademarks as well as the website’s domain name – are the sole property of Mesmerising Icing. 

Permission is granted to use the materials in the digital online courses and digital downloads provided by Mesmerising Icing, via its website www.mesmerisingicing.com or its portal for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:-

 a) modify or copy the materials, information, including trademarks, images, pictures, texts and computer code from the website or portal.

 b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial). 

 c) attempt to decompile or reverse engineer any software contained on Mesmerising Icing’s website and portal.

 d) remove any copyright or other proprietary notations from the materials.

 e) transfer the materials to another person or 'mirror' the materials on any other server.

 f) share logins, courses and related materials and digital downloads with anyone. 

 This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mesmerising Icing at any time with no recompense. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format. We reserve the right to restrict future purchases by you.

Disclaimer 

Mesmerising Icing will not be liable for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur.

The computer, internet access and system operated by you and your ability to use the same, may affect your ability to purchase any products from our site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any products from our site are your responsibility. We reserve the right to suspend or terminate your access to the site, or parts of it if at our sole discretion if we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re register or to re-access the site without our prior consent. 

The digital assets are provided for entertainment, information and education purposes only. Mesmerising Icing will not be responsible for the success or failure of your business, or any project in relation to any information or content provided, or loss or damages (monetary or otherwise) whatsoever, howsoever caused. 

Online digital courses and digital downloads relating to recipes are based on personal baking experiences and not as a result of any baking qualification. In relation to the digital recipe downloads and courses whether your use of them is personal or as a professional baker you will need to ensure you comply with your local Health and Safety and Food Hygiene Regulations. Recipes may include allergens and ingredients with shorter shelf life. These will be pointed out to you in the online digital courses and/or the digital downloads for the purpose of general information and not for any professional advice. It will be your responsibility for Health and Safety and the well being of yourself and those that your bakes will be served to. Mesmerising Icing will not be liable for any losses or damage arising from your use of our recipes. Mesmerising Icing’s liability is restricted as far as permitted by law. 

The materials that accompany courses or any digital downloads are provided for general information purposes only, and do not constitute legal or other professional advice on any subject.

Where online orders are placed by non UK customers, the prices displayed will be deemed to represent the price in £ sterling. Sales outside the UK will be zero rated for VAT purposes in accordance with current HMRC regulations. 

Products to countries outside the UK may be subject to import duty, taxes and any other State, Federal or National charges which may be imposed in the destination country, all of which shall be the sole responsibility of the purchaser to pay, and indemnify Mesmerising Icing from all such charges and any consequential cost and responsibility. Contact the relevant authorities in the destination country for locally specific information.

Mesmerising Icing shall not be responsible for any charges that may be levied due to circumstances beyond our control, such as customs exam fees or any other charges outside the normal remit of Mesmerising Icing. These charges apply to all Mesmerising Icing products unless specifically excepted. 

 These Terms will be ruled by and construed in accordance with UK laws