Conditions of Use

Terms and Conditions

1 DEFINITIONS

Buyer: the person named as the customer on the order form and invoice

Seller: Barker Bakes T/A on-line-cakes, 54 Cotysmore Road, Sutton Coldfield, West Midlands B75 6BL

Conditions: the terms and conditions as set out in this document and any special terms and conditions agreed in writing by the seller

Goods: the cakes (and/or ancillary associated items),  which the Buyer agrees to buy from the Seller.

Price: the price for the Goods.

2 CONDITIONS

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant of these Conditions.

2.3 Acceptance of delivery of the Goods or Collection shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of the Seller.

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

3 PRICE

3.1 The Price shall be the price quoted on the website or order form at the time of processing by the customer.

3.2 If for any reason the items you have ordered cannot be despatched  at the appropriate collection notice, e.g. insufficient notice by the customer or overbooking we will contact you for your choice of replacement or to arrange a later delivery of the order or to issue a full refund if preferred. 

3.3 Orders can also be placed for a future despatch date specified by the customer, using the price prevailing at the time of booking.

4 PAYMENT TERMS AND INTEREST

4.1 Payment in full is required at the time of booking the cake and shall be not less than 14 days prior to collection or delivery of the cake.

4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against the Seller.

5 GOODS

5.1 The quantity and description of the Goods shall be as set out in the Sellers order form/website description  and, as supplemented by the Seller's design and documented (by the Seller) variations on that design (if appropriate).

6 WARRANTIES

6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the order form/website.

6.2 All our cakes leave our premises in good condition.

6.3 Sponge cakes to be eaten within one day and fruit cakes within fourteen days of collection/delivery. Sponge cakes not being eaten on the day of delivery should be stored correctly to maintain freshness, details of which can be obtained from Barker Bakes.

6.4 All our cakes have been made in a kitchen, in which nut ingredients are used.

6.6 The number of servings per cake is only an approximate measure. 

6.7 The sizes and measurements are approximate and a guide only. We do not guarantee them, as our products are handmade and variations will occur.

7 DELIVERY OF THE GOODS, if applicable

7.1 Delivery of cakes shall be made to the buyers nominated delivery address as specified on the order form.

7.2 The buyer shall make all arrangements necessary with the wedding co-ordinator / Duty Manager / nominated representative to take delivery of the cakes on the day notified by the Seller.

7.3 Orders will be fufilled for collection according to the minimun notice period as stipulated on the website/order form (currently 2 weeks).

7.6 Shipping is not currently only available for cakes.

8 ACCEPTANCE OF THE GOODS

8.1 The buyer shall be deemed to have accepted the goods 24 hours after collection/delivery to the nominated delivery address.

8.2 The buyer shall be invited to carry out a thorough inspection of the Goods at the agreed time of collection, either in person/ via a representative.

8.3 Any requested changes to the agreed design will be charged at a rate determined by the Seller, and may lead to late collection or delivery.

8.4 The buyer shall carry out a thorough inspection of the Goods within 24 hours of collection or delivery to the nominated delivery address and shall give written notification and photographic evidence to the seller within five working days of delivery of the goods of any defects which a reasonable examination would have revealed.

8.5 Where the buyer has accepted, or been deemed to have accepted the goods, the buyer shall not be entitled to reject Goods, which are not in accordance with the contract.

9 CANCELLATION & RETURNS POLICY

9.1 You may cancel your order any time prior to despatch, and a pro-rata refund will be issued (less a nominal discretionary handling charge) if processing has been carried out. Please contact us by telephone 0121 311 1624 immediately (but within our normal business hours).

9.3 Due to the nature of our product, which has a very limited shelf life, we cannot re-sell  your order, so no refund can be made, unless the goods  are sub-standard or damaged

10 RISK

10.1 Risk shall pass to the Buyer on collection or on delivery of the Goods to the nominated delivery address.