Standard terms and conditions of trading
These terms form the basis of the contract between our customer and White Peony Cake Co. These Terms, your Order and your Order Confirmation are considered by us to set out the whole agreement between you and us for the sale of cakes. It is your responsibility to check all details in the order confirmation are complete and accurate as this is the document White Peony Cake Co. will work to when completing your order.
Basis of sale
Any samples, drawings or descriptions that are issued by White Peony Cake Co. and any descriptions or illustrations contained on this website are issued solely to provide you with and approximate idea of the cakes they describe and remain the property of White Peony Cake Co.
Quotations are valid for a period of 30 calendar days from the date of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 5"-5.5" high 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 White Peony Cake Co. have received your booking fee. Once this has been received, you are in a legally binding contract with White Peony Cake Co.
White Peony Cake Co. warrant that on delivery or collection the cakes shall conform to their description as set out in the Order Confirmation, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements in the UK. White Peony Cake Co. will not be held responsible for customer 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 and will face no consequent liability. It is the customers responsibility to ensure all details within the order confirmation and sketch 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 cake in a way White Peony Cake Co. do not recommend, your failure to follow the instructions or any alterations you carry out.
All White Peony Cake Co. cakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. There will be no guarantee that any cake is entirely nut free although we every effort is made to ensure that allergies are accommodated.
White Peony Cake Co. can not duplicate an exact copy of another cake artist’s work but will go to great care to ensure it is as close to the clients specification as possible. Where colour swatches are provided we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.
White Peony Cake Co. will not take responsibility for any allergies or illness from using fresh flowers on the cake. Every care is taken to ensure that your flowers are made as food safe as possible and any allergies must be discussed prior to the order.
From time to time certain materials for our cakes may become obsolete. This is totally out of our control; however White Peony Cake Co. will do their best to select replacement products to reflect the original design as closely as possible. White Peony Cake Co. reserve the right to replace items with component parts of equal or better quality without consultation.
If your cake contains figures made from sugar paste, whilst edible, it is not advised that they be eaten, due to the possible presence of dowels for reinforcement.
Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption.
The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Cakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. They should NOT be refrigerated.
White Peony Cake Co. and the customer expressly agree that the cakes and all goods purchased from White Peony Cake Co. remain the property of White Peony Cake Co. until paid for in full.
All orders will be delivered to the venue by White Peony Cake Co. Delivery within Newquay is free, with a small delivery charge for surrounding areas. The cake will be delivered on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. White Peony Cake Co. will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence.
When delivering to a wedding venue, the venue shall be contacted in advance to arrange a mutually convenient time for delivery. Photographs of the cake will be taken before leaving and, where possible, a signature will be obtained from the venue confirming the cake has been received in good condition. Once the cake has been delivered White Peony Cake Co. will not accept any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.
Price and payments
The price of your cake will be as set out in your order confirmation. No Vat is payable on the cakes. A 25% booking fee is required for wedding cake orders (subject to a minimum of £50) and a 50% booking fee for all other cakes. For Wedding Cakes a detailed order confirmation 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.
Please not all booking fees are non refundable and non transferable.
The balance must be paid in cleared monies no later than the date set out in the order confirmation by bank transfer to the account specified, cash or payment by debit or credit card. If paying by debit or credit card please allow 3 working days for payment to clear. Late payments will incur a £20 per day charge.
If payment is not received by the date specified this shall be constituted as breach of contract by the client. White Peony Cake Co. reserve the right to hold the order until payment is made in full. When payment is late White Peony Cake Co. 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. In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on White Peony Cake Co.
Cancellations, postponements and alterations
In the event of a cancellation by yourselves, charges are as follows;
More than ninety days prior to the date = booking fee only.
Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost.
Less than 3 weeks prior to the date = full amount
Any payments previously made are not refundable.
In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability the monies will be paid forward to the new wedding date. Please be aware that this will only be done on one occasion. Any further postponements will be classes as a cancellation.
You may, prior to 8 weeks before the wedding day, or 7 days for celebration cakes, amend or cancel your order by providing written notice. In the case of alterations a new order confirmation will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation has been issued. Should you make any changes after that time there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking.
In the unlikely event that White Peony Cake Co. need to cancel your order, any monies paid will be refunded. White Peony Cake Co. 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 White Peony Cake Co., and White Peony Cake Co. shall not be liable for any breach of contract resulting from such an event.
White Peony Cake Co.'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 such compensatory measures as White Peony Cake Co., at its discretion, considers appropriate in the circumstances and shall be limited to the to the value of the goods or services giving rise to the claim.
White Peony Cake Co. shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict White Peony Cake Co.’s statutory liability for death or personal injury arising from any negligence on White Peony Cake Co.’s part or liability imposed by statutory implied terms in Consumer Contracts.
Complaints are very rare and due to the amount of work put into each individual cake they are taken very seriously. Any issues must be bought to our attention with 48 hours of 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 thereof, and providing the other party with a prior opportunity to resolve any issues between the parties amicably.
Complaints regarding the decoration of celebration cake can be easily repaired so errors of this nature must be pointed out upon delivery so as to give White Peony Cake Co. the opportunity to correct them. Once payment has been handed over this confirms that decoration is as requested and no further claims can be made. Wedding cake clients will be sent a detailed sketch of their wedding cake prior to the wedding. It is the clients responsibility to check that this meets with their requirements and raise any issues if there are any discrepancies.
Where the complaint is in regards 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 White Peony Cake Co. can only deal with the client who placed the original order.
All designs and intellectual property rights remain the property of White Peony Cake Co.
Whit Peony Cake Co. reserve the right to use images of your cake 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 White Peony Cake Co. for your own benefit.
This Agreement together with Order Confirmation documents provided constitute 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 any one 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 English 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.