All sales made by the Bluebird Bakery are subject to the following terms & conditions. These terms and conditions do not affect your rights as a consumer. 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. Making payment for your order implies your agreement to these terms of sale.
Basis of Sale Any samples, drawings, or descriptions we issue and any descriptions or illustrations contained on our social media pages are issued solely to provide you with an approximate idea of the order they describe and remain the property of Bluebird Bakery.
Placing an Order A quote will be sent to the customer including the details of the order and the price. Quotations are valid for 15 calendar days from the day of issue.
When the customer has confirmed the details of the quote are correct, a booking can be made through written confirmation. Placing a booking is agreement from the customer to accept the terms and conditions of business as stated in this document and found on the Bluebird Bakery Facebook page.
Please note that all booking fees are non-refundable and non- transferable.
All booking fees become due when the order has been placed.
All orders are deemed to have been accepted by the Bluebird Bakery, only when the booking fee has been received.
The booking fee must be paid within seven days of the quote being issued or the preferred delivery date will not be held and will be made available for other customers to book. All confirmations are via email.
The Cake The Bluebird Bakery prides itself in offering great tasting cakes. We have a preference to use great, natural ingredients wherever possible. From time to time some materials for our cakes may become obsolete or no longer available from our suppliers, for example, pre-manufactured items or ribbon colours. This is totally out of our control, though we will endeavour to re-design a cake to reflect as closely as possible the original design using replacement products. In all cases we will try to contact you to advise you of any such changes. However, the Bluebird Bakery, reserves the right to replace these with components of equal or better quality without consultation.
Please note that some cakes may require the use of additional items to support complex structures. Whilst these items will be food-safe, they may not always be edible. You will be advised in the delivery note of any items to take care with. Fresh flowers are not included in the price of the design. If a cake is to be dressed with fresh flowers these are to be provided by you / your florist. Bluebird Bakery do not source or provide fresh flowers for cake decoration and take no responsibility if fresh flowers are used on a cake.
We 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. 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 customer's 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 willful 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.
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 cool, dry place, ideally at room temperature (no more than 20ºC if possible), away from direct sunlight and sources of heat in the box provided. They should NOT be refrigerated.
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 free although we make every effort to ensure that allergies are accommodated.
We cannot guarantee an exact replica of any cake, 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.
Customers have the opportunity to provide images prior to the quote being made. The Bluebird Bakery cannot always make exact copies due to copyright laws (e.g.: cartoon characters) or availability of products within the UK, however, every effort will be made to deliver a cake that is the style of the customer’s requirements. The customer should carefully check the quote before payment of the booking fee to ensure the design is agreeable.
All designs and intellectual property rights remain the property of the Bluebird Bakery. We reserve the right to use images of your cake / cupcakes for any form of advertising including web-based promotions, galleries and competitions.
In the event that you are unhappy - Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously. In the event that you are not entirely happy with your cake, please contact the Bluebird Bakery on the day of delivery via [email protected] or by calling to discuss options for rectification. Rectification can only be made on return of the cake to the Bluebird Bakery in its original packaging. The Bluebird Bakery will then review the returned cake and may make a discretionary gesture of goodwill based on the condition of the cake.
Complaints regarding the decoration of celebration cakes can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give us the opportunity to correct them. Any issues must be bought to our attention at the point of collection or delivery to give fair opportunity to assess the nature of the complaint.
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.
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
Price and Payment All Celebration cakes and cupcake orders require a non-refundable booking fee of 50% to a minimum value of £20, where the total value of the order is less than £20, full payment is required at the time of booking.
The balance must be paid in cleared monies no later than 7 calendar days prior to the delivery/ collection by cash or bank transfer to the account specified. Late payments will incur a £10 charge.
If paying by bank transfer, please allow 2 working days for payment to clear.
Special Offers - Where a special offer is made, full and cleared payment is required at the time of booking. If full payment is not made and cleared within the specified period, then the offer is invalidated. Any subsequent amendment or cancellation is subject to the usual terms as outlined below.
If payment is not received by the date specified this shall be constituted as breach of contract by the client. 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 Bluebird Bakery. The customer will be responsible for the payment of any additional charges which have been incurred due to late payment.
We reserve the right to hold the order until payment is made in full.
Alterations to an Order Your cake is very important to me. Please take the time to check your copy of the order form carefully and let me know within three days of the order, if changes are needed. It is your responsibility to advise the Bluebird Bakery of any alterations to the original order. The Bluebird Bakery reserves the right to increase a quoted fee in the event that the customer requests a variation to the work agreed. Whilst every effort will be made to assist customers, please note that late changes cannot always be guaranteed. Alterations are not confirmed until a new order confirmation has been issued, should you make any changes within the cancellation time there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking. All changes to orders must be agreed in writing.
In the event of a cancellation by yourselves, charges are as follows -
More than two calendar weeks prior to the delivery date = booking fee only
Less than two calendar weeks prior to the date = full amount
In the unlikely event that we need to cancel your order any monies paid will be refunded. Bluebird 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, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Bluebird Bakery, and Bluebird Bakery shall not be liable for any breach of contract resulting from such an event.
Bluebird 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 Bluebird Bakery, 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.
Bluebird 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 the Bluebird Bakery’s statutory liability for death or personal injury arising from any negligence on the Bluebird Bakery’s part or liability imposed by statutory implied terms in Consumer Contracts.
Delivery and Collection All orders may be collected free of charge from Bluebird Bakery by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises.
If delivery has been agreed, we will deliver the cake on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. Bluebird Bakery 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.
Delivery is charged at £5.00 plus 60p per mile (round trip) from the Bluebird Bakery in Bath. Charges for delivery in excess of 20 miles round trip will be quoted for on an individual basis. Distances are measured using Google Maps on the fastest route. All delivery times are subject to availability, and we cannot be held accountable for road conditions. If you have a specific delivery date and require delivery before a given time, please specify this when placing your order. We will do our best to accommodate your requirements. It is the Customer’s responsibility to ensure the Bluebird Bakery has been given the correct delivery information, and that someone is available to receive your cake. For celebration cakes that are left in the care of a venue, a signature will be required.
Setting Up Should you require your cake to be delivered, the Bluebird Bakery will deliver and set up your cake as agreed and will want to ensure it is displayed at its best. It is your responsibility to ensure that you have provided us with the set-up details and arrangements made with the venue for the location and display of your cake. The Bluebird Bakery cannot be held responsible for the location of the cake at the venue. Please ensure, therefore, that the cake location is level, stable and strong enough to hold the cake.
Please also remember that chocolate or buttercream covered cakes can melt in warm conditions such as inside a marquee on a hot summer’s day, or when set up in direct sunlight. Once the cake has been collected or delivered, set up and signed for, the Bluebird Bakery is unable to accept liability for any interference with or damage to the cake thereafter.
If the cake is to be delivered and set up by the Bluebird Bakery, a signature will be required from your venue management confirming the cake has been received and set up in good condition. A photograph of the cake will be taken prior to departure by us to verify that the cake has been set up and left in good condition.
Setting up is charged at £15/hour with an assumption of a one hour set up. This covers the cost of time spent at the venue liaising with venue staff and setting up in the correct location or waiting for other vendors who may be involved such as the florist. Should unforeseen delays occur at no fault of the Bluebird Bakery on the day, the customer may be billed for any additional time or materials retrospectively (e.g. if the original chargeable time is exceeded or the florist fails to provide adequate materials to secure flowers to the cake). The Bluebird Bakery is not responsible for any other individual - such as a florist or photographer - inadvertently damaging a cake following the original delivery and set up.
Hot Weather Advice Whilst every care is taken with the creation of your cake, it is not always possible to protect against unforeseen weather conditions. If hot weather is forecast, it may be necessary to adapt recipes to make them more heat-stable. For example, using chocolate ganache instead of buttercream under a fondant covered cake, or using royal icing sugar in buttercream to make it more heat stable. Should such changes be necessary, the Bluebird Bakery reserves the right to not have to notify the customer prior to the change being made unless a previous allergy or intolerance has been declared at the time of booking.
At the time of delivery, the Bluebird Bakery will make recommendations for storage, but it is the customer's own responsibility to store the cake appropriately. Fondant cakes should be kept in a cool place out of sunlight.
Please also be aware that any decorations placed in the refrigerator may degrade due to the extreme temperature change. The Bluebird Bakery cannot be held responsible for any such deterioration but will advise on the best course of action for the storage of the cake and decorations on delivery.
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.