Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customer and Berrylicious Cakes by Jacqui Ltd. 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 that all details in the order confirmation are complete and accurate, as this is the document we work to when completing your order.

Basis of Sale

Any samples, drawings, or descriptions issued and any descriptions or illustrations contained on our website or social media page are issued solely to provide you with an approximate idea of the cake that is described and remains the property of Berrylicious Cakes by Jacqui Ltd.
Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 3 1/2 to 4 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 Berrylicious Cakes by Jacqui Ltd.

The Cakes

We warrant that on delivery or collection the cake(s) shall conform to their description as set out in your order confirmation, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements in the UK. We 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. 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 we do not recommend, your failure to follow our instructions or if you carry out any alterations yourself.
Our cakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. We cannot guarantee that any cake is entirely nut, egg or wheat free although we make every effort to ensure that dietary requirements allergies and intolerances are accommodated.
Due to the bespoke nature of Berrylicious Cakes by Jacqui Ltd we cannot guarantee an exact replica of any cake but we will do our best to make it so. Please note that 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. NB. 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 detail about the size of cake being dressed to avoid any miscommunication.
If your cake contains figures made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels for reinforcement. All figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), we cannot guarantee a true likeness. It is your responsibility to provide images for our reference. If images are not provided standard figures shall be used.
Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption.
Every cake is a fresh product containing no additives or preservatives and we will assume that it will be consumed 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.
Berrylicious Cakes by Jacqui Ltd and the customer expressly agree that the cakes and all goods purchased from Berrylicious Cakes by Jacqui Ltd remain the property of Berrylicious Cakes by Jacqui Ltd until the cake is paid for in full.

Delivery and Collection

All orders may be collected free of charge from Berrylicious Cakes by Jacqui Ltd by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises.
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 confirming the cake has been received in good condition. Should the venue 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 and liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.

Price and Payment

The price of your cake will be as set out in your order confirmation. No Vat is payable on any cake. A 25% booking fee is required for wedding cake orders (subject to a minimum of £50) and a £20 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.
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.
If payment is not received by the date specified this shall be constituted as breach of contract by the client. We 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 detailed 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 Berrylicious Cakes by Jacqui Ltd.

Cancellation, postponement and alterations

In the event of a cancellation by yourselves, charges are as follows;
Ninety days to one calendar month prior to the date = booking fee only.
Less than one calendar month to two weeks prior to the date = booking fee and any costs that have been incurred by Berrylicious Cakes by Jacqui Ltd for the preparation of your cake
Less than two weeks prior to the date = full amount
In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability we will carry the monies paid forward to the new 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 8 weeks before the wedding day, or 7 days for celebration cakes, amend or cancel your order by providing us with 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 we need to cancel your order any monies paid will be refunded. Berrylicious Cakes by Jacqui Ltd reserves 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 Berrylicious Cakes by Jacqui Ltd, and Berrylicious Cakes by Jacqui Ltd shall not be liable for any breach of contract resulting from such an event.

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 bought to our attention with 48 hours on 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 thereof, and providing the other party with a prior opportunity to resolve any issues between the parties amicably.
Complaints regarding the decoration of celebration cakes can be easily repaired so errors of this nature must be pointed out upon delivery/collection as to give us 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 with us 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 we can only deal with the client who placed the original order.

General Terms

All designs and intellectual property rights remain the property of Berrylicious Cakes by Jacqui Ltd.
We 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 Berrylicious Cakes by Jacqui Ltd for your own records.

Privacy Policy

Berrylicious – Cakes by Jacqui Ltd is committed to protecting respecting your privacy. This policy (together with the relevant terms and condition) explains the accepted privacy practices for the Berrylicious – Cakes by Jacqui Ltd services and describes the way we collect and use your personal information and how you can verify or control it’s use.
For the purpose of applicable data protection legislation, we, Berrylicious – Cakes by Jacqui Ltd (Company number 12333598), registered in England at 51 Wheatcroft Grove, Rainham, Kent, ME8 9JF , are the data controller.
Our website address is: http://www.berryliciouscakes.co.uk. 

Personal data we may collect from you

Berrylicious – Cakes by Jacqui Ltd does not knowingly collect your personally identifiable information without your consent. We may collect and process the following personal data about you:

Personal data you give us

You may be required to provide us with personal data about you when enquiring about a Product or Service, requesting a quotation, using our Products or Services or by corresponding with us by phone, e-mail or otherwise. This includes personal data you provide when you register to use any of our Services, and when you report a problem with a Product(s) or Service. To place an order, you will be asked to provide personal details such as your full name, a valid e-mail address and then provide additional details such as complete credit or debit card details and delivery and billing address. We rely on ‘contractual necessity’ as the lawful ground for the processing of your personal information in such cases.

Personal data we may collect about you

Berrylicious – Cakes by Jacqui Ltd may use various measures to collect further information about your habits to maintain and enhance your experience online.
For example, we may record the frequency and scope of your use of the Services, the duration of your sessions, the web pages that you visit, the information that you read, whether you have visited the Services before, the Internet Protocol (IP) address that you use to access the Services, the geographic location of the computer system that you are using to sign-in or use the Services and the browser and operating system that you use.
Berrylicious – Cakes by Jacqui Ltd may collect and organise such information either by itself or by a third-party service (e.g., Google Analytics)

What Happens If I Do Not Provide My Personal Data

We need your personal information/data in order to provide you with information about our products/services. If we do not collect your personal information we will not be able to provide our services to you.

How do we collect your Personal Data?

We collect personal data by the following means:

Enquiry Forms

We use a plugin called Caldera Forms to power any forms seen on our site. Data captured through Caldera Forms is sent directly to jacqui@berryliciouscakes.co.uk and will be used to contact you in order to respond to your enquiry. A backup of your data will also be stored in the database of our website but will be automatically deleted after 30 days. Only authorised individuals will be able to access your data, and it will not be disclosed to third parties. If you would like your data to be removed in advance of 30 days, please contact us.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Google Analytics

Google Analytics is a web analysis service provided by Google Inc. (“Google”). We use this service on our website to collect standard internet log information and details of visitor behaviour patterns. We do this to make sure it’s meeting its users’ needs and to understand how we could do it better. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. This information is only processed in a way which does not identify anyone, and we do not make any attempt to find out the identities of those visiting our website. Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Website Cookies

Cookies are small data files that are placed on your computer as you browse our website. Most websites do this too.
They improve things by:
• remembering settings, so you don’t have to keep re-entering them whenever you visit a new page
• remembering information you’ve given (e.g. your email address) so you don’t need to keep entering it
• measuring how you use the website so we can make sure it meets your needs
Our cookies aren’t used to identify you personally. They’re just here to make the site work better for you. Indeed, you can manage and/or delete these small files as you wish. To learn more about cookies and how to manage them, visit https://aboutcookies.org/.
This table shows the Cookies we use on the site and their purpose:

What do we do with your Personal Data?

We will use the information you provide to ensure a smooth transaction with us. This means that we may use your personal information to contact you regarding your order, and to provide you with updates and notifications throughout your order process to keep you well informed.
If you have provided prior consent, we may contact you with marketing information about new products and services we offer.
And finally,

The information we share with others

Berrylicious – Cakes by Jacqui Ltd does not sell, rent, or lease your personally identifiable information to third parties for any of their marketing purposes.
Berrylicious – Cakes by Jacqui Ltd may share personally identifiable information with others in any of the following instances, or subject to your explicit consent:

How Long Will We Store Your Data

We will store your personal information for up to one month if you do not decide to proceed with our services and do not opt-in to receive marketing information from us. If you do become a customer/client of ours, we will store your data for up to one year from the date of the latest purchase of our services. If you do choose to opt into our marketing, we will continue to contact you via email until you opt out. All our emails contain an unsubscribe link.

Where Is My Data Held and how is it protected?

All website entered data is stored and managed on Siteground UK based servers. We also use secure (password protected) internal systems for managing our customers, sales and invoicing. Your data is securely encrypted by SSL and password and securely held on a server. Our website server is protected and daily scanned for malware and viruses. We do not store any credit/debit card details. This website is fully SSL Encrypted meaning all your data is securely encrypted when entering, accessing, and storing. All data and traffic on this site is handled via HTTPS. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security. Therefore, Berrylicious – Cakes by Jacqui Ltd cannot guarantee that the Services are immune to unauthorised access to the stored or transmitted information and to other information security risks. If Berrylicious – Cakes by Jacqui Ltd security is breached, you will be duly notified.

What Are Your Rights In Relation To Your Personal Information?

You have the following rights in relation to the handling of your personal data:

• You have the right to access personal data held about you. You have the right to request copies of the personal information we hold about you at any time.
• You have the right to have inaccuracies corrected for personal data held about you. You have the right to request that we correct any inaccurate personal information we hold about you
• You have the right to have personal data held about you erased. You have the right to request that we delete your personal information from our records. Please note that we will not be able to delete your personal information whilst we are still providing our services to you. We will be able to delete your personal information once you cancel the service or once the service is completed.
• You have the right to restrict processing. You have the right to request that we restrict how we use your personal information, including automated decision-making.
• You have the right to object to direct marketing being conducted based upon personal data held about you. You have the right to object to the collection and use of your personal information at any time.
• You have the right to data portability for personal data held about you. You have the right to obtain a copy of your personal information in a legible and compatible format such as Excel or Word.
• You have the right to withdraw consent. You have the right to withdraw your consent for us to use your personal information to send marketing information to you. Each marketing email that we send you will include a link that you can follow to opt-out of future marketing.

How Can I Exercise My Right In Relation To My Personal Information

You can exercise any of your rights outlined above by contacting us at jacqui@berryliciouscakes.co.uk and by ensuring that your request is accompanied by suitable proof of your identity we will action the request within one month of receiving a request made under these rights. Where we receive many requests or receive especially complex requests, this may be extended by a maximum of two further months.

How Do I Lodge A Complaint About The Use Of My Personal Data

You can lodge a complaint with us directly by contacting us on one of the above contact details. You also have the right to lodge a complaint directly with the Information Commissioner’s Office (ICO). The ICO is the regulator who makes sure that we use your personal information in a lawful way.
You can lodge a complaint with the ICO by following this link https://ico.org.uk/ concerns or calling the ICO on 0303 123 1113.

Other Information

If you have any questions or concerns about this, please contact us using the details at the top of this page or via our contact page on our website.
This policy was created 15/6/2020 and was last updated 15/6/2020. We reserve the right to update this at will without informing you.