Terms & Conditions

Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customer and Lulus Primrose Bakery. These Terms 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 we work to when completing your order.

Basis of Sale

Any samples, drawings, or descriptions we issue and any descriptions or illustrations

contained on our website are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of Lulus Primrose Bakery. Price quotations are valid for a period of 30 calendar days from the day of issue. All deposit payments must be paid within 7 days of the deposit Invoice being sent - dates cannot be held open without a deposit payment. After 7 days, if no deposit payment has been received, then the event date will be released and another booking may be taken, which may mean that we are no longer able to accommodate you. No contract is made with you until we have received your deposit payment and the Order

Confirmation has been issued. Once your Order Confirmation has been issued you are in a legally binding contract with Lulus Primrose Bakery.

The Cakes

We warrant that on delivery, 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. 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 and will face no consequent liability. It is the customers’ responsibility to ensure all details within the order confirmation 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 any alterations you carry out.

Our cakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. Anyone with an allergy to nuts, milk, gluten and other allergens should NOT eat our cakes.

The cake will be made according to the Order Confirmation and therefore it is imperative that all details are checked carefully. If you wish to have us replicate another cake artist’s design, we would prefer not to copy it but to use it as an inspirational basis to design your cake around so that it is unique to you. Where colour swatches are provided, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed. 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.

If your cake contains sugar flowers, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels/sticks or wires for reinforcement. All of our sugar flowers are handmade. The cake is a fresh product and it is our right to assume consumption on the day requested. After this point, it is recommended that the cake is eaten within 3 days for optimum quality. Cakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. Semi Naked and Buttercream cakes may be refrigerated however, Fondant cakes should NOT be refrigerated. Lulus Primrose Bakery and the customer expressly agree that the cakes and all goods purchased from Lulus Primrose Bakery remain the property of Lulus Primrose Bakery until paid for in full.

Fresh Flowers Supplied by Florists

If a cake is to be dressed with fresh flowers these will usually be provided by your florist unless otherwise discussed. When fresh flowers are being added to a cake we will liaise with your florist about requirements but would always advise you discuss this with them too. The cost of any flowers will be added to your florist’s bill and would always advise ordering a few extra flowers, so we have a good selection to work with. We can only work with what your florist provides us with on the day. Please ensure your florist orders flowers especially for the cake so that the cake flowers are of the same high standard as the rest of the florals.

It is advisable that the flowers are delivered to the venue early on your wedding day. Alternatively, we would be more than happy to meet your florist at the venue on the day. It this is not possible and your florist does not meet us at the agreed time at the venue, we cannot always guarantee that we will be able to wait for the florist to arrive. If we cannot wait due to lateness, we will sign off the cake to the venue without flowers. We cannot be held responsible if the florist adds the flowers to the cake and also if the arrangement made does not match our vision and design for the cake. We also take no responsibility for the way the flowers have been added to the cake which may not be in a food safe way.

While Lulus Primrose Bakery will attempt to contact your florist from the outset in order to discuss details and liaise in relation to your cake, on occasions we do not hear back. We will always try our best to liaise with your florist but cannot accept responsibility for those instances when they do not return our emails and/or calls.

Delivery and Collection

 It is the customers responsibility to ensure the correct delivery date and time of the wedding is provided. This information will be reflected in the Order Confirmation issued to you when booking. We will deliver the cake on the date set out in the Order Confirmation to the venue/address provided. We do not offer specific delivery times however, a guide time for delivery will be provided upon request. When delivering to a wedding venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. We will photograph the cake at the venue as proof that it has been delivered, set up and left in perfect condition. Should the venue need to set up the cake themselves, we shall explain how the cake is to be displayed. We reserve the right not to use a cake stand provided by the venue or yourself if we feel it will not hold the weight of the cake. 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. Delivery includes setting the cake up at the venue. If fresh flowers are being used, then Lulus Primrose Bakery accept that they will be made food safe and arranged on the cake as discussed or where applicable, where we see fit.

It would be very rare, but on the event date Lulus Primrose Bakery may be faced with a ‘force majeure’ e.g. severe weather conditions, public unrest, or other unexpected events that make delivery impossible. The customer can be assured that we will do our best to deliver as prearranged, but some circumstances may be out of our reasonable control.

Price and Payment

The price of your cake will be as set out in your Order Confirmation. No VAT is payable on the cakes. A 50% booking fee is required for all Wedding Cake orders. The Order Confirmation will be issued detailing the final balance and payment details. Payment reminders will be sent close to the due date and it is the responsibility of the client to ensure payment is on time. If payment is not received by the date specified this shall be constituted as a 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 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 Lulus Primrose Bakery.

Cake tasting boxes can also be ordered prior to booking via the Website.

Cancellations, Postponement and Alterations

 In the event of a cancellation by yourselves, the payment refund terms will be as follows:

 More than ninety days prior to the date = deposit fully refundable.

Ninety days to one calendar month prior to the date = deposit non-refundable

Less than one calendar month prior to the date = full amount + deposit non-refundable

 By paying the deposit payment you agree with our terms and conditions. In the unlikely event that we need to cancel your order, any monies paid will be refunded. In this case, as much notice as possible of the cancellation will be given and any monies paid, including deposits will be refunded. If required, we will assist in finding a replacement cake artist of the same high standard to make your cake for you.

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 event date.

 Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancellation. Cancellations MUST be in writing.

You may, prior to eight weeks before the event day for wedding cakes, amend or alter the design of your order by providing us with written notice via email. In this event, a new Order Confirmation will be issued detailing the changes and the new cost. Alterations are notconfirmed 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.

Lulus Primrose Bakery 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, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Lulus Primrose Bakery, and Lulus Primrose Bakery shall not be liable for any breach of contract resulting from such an event.

Lulus Primrose Bakery’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 Lulus Primrose Bakery, 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. Lulus Primrose Bakery 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 Lulus Primrose Bakery’s statutory liability for death or personal injury arising from any negligence on Lulus Primrose Bakery’s part or liability imposed by statutory implied terms in Consumer Contracts

General Terms

All designs and intellectual property rights remain the property of Lulu’s Primrose Bakery. We reserve the right to use images of your cake for any form of advertising including web-based promotions including social media platforms, brochures, galleries and competitions. It is advisable that you make a copy of all documentation received from Lulus Primrose Bakery for your own benefit. 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 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. Lulus Primrose Bakery reserves the right to change these Terms and Conditions at any time.

Complaints

Complaints are very rare and due to the amount of work put into each individual cake; we take them very seriously. 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. Wedding cake clients will be sent the Order Confirmation detailing the design specifications. 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 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 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.

Contacting Us Regarding Information

Our contact email address is info@lulusprimrosebakery.uk

Any Subject Access Request should be made to the following email address:

info@lulusprimrosebakery.uk