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Floral Cupcakes – Terms & Conditions

These Terms & Conditions apply to all orders placed with Floral Cupcakes, operated by Sharon Burchall.  By making payment, you confirm that you have read and agree to these Terms & Conditions.

 

1. Orders and Booking

1.1 All orders are subject to availability and are only confirmed once payment has been received.
1.2 All products are made to order and are bespoke to your requirements.
1.3 It is your responsibility to check all order details carefully before payment, including date, design, colours, quantity, and flavours.
1.4 Quotations are valid for 7 days unless otherwise stated.

 

2. Payments

2.1 For orders under £100, full payment is required at the time of booking.
2.2 For orders over £100, a non-refundable booking fee of 30% is required to secure your date.
2.3 The remaining balance is due no later than 14 days prior to the collection or delivery date.
2.4 If full payment is not received by the due date, I reserve the right to cancel your order, release the date, and cease all work. Any booking fee paid will be retained, and additional charges may apply if work has already begun.
2.5 Orders are not secured until cleared funds have been received.

2.6 For short notice orders (less than 14 days before collection/delivery), full payment is required at the time of booking or within a timeframe specified on the invoice.

 

3. Bespoke Products

3.1 All products are handmade and designed to your specifications.
3.2 Inspiration images are used as a guide only. I do not guarantee an exact replica.
3.3 By confirming your order, you accept my style of work. Variations in colour, piping, floral design, and finish are not faults.
3.4 Colours may vary slightly due to lighting, screen displays, and materials used.

 

4. Changes to Orders

4.1 Any changes must be requested in writing.
4.2 Changes requested less than 14 days before collection/delivery may not be possible.
4.3 Where changes are accepted, additional charges may apply.
4.4 If changes significantly reduce the value of the order, I reserve the right to retain an amount reflecting work already completed, time reserved, and materials purchased.

 

5. Cancellations and Rescheduling

5.1 All cancellations must be made in writing.
5.2 Booking fees are non-refundable.
5.3 If you cancel your order, I may retain an amount that reflects losses already incurred, including time, materials, and loss of the booking date.
5.4 As a guide:
• More than 28 days’ notice: booking fee retained
• 8–28 days’ notice: up to 75% of the total order value may be retained
• 7 days or less: up to 100% of the total order value may be retained
5.5 Any amount retained will reflect actual or reasonably estimated losses and will not exceed the total order value.
5.6 If you request to change the date, I will try to accommodate this, but it cannot be guaranteed. If not possible, the cancellation policy applies.

 

6. Collection and Non-Collection

6.1 Collection is from my premises at a pre-agreed date and time.
6.2 You must collect within your agreed collection window unless otherwise agreed.
6.3 If you are running late, you must contact me as soon as possible.
6.4 If you fail to collect your order and do not make contact, I will attempt to contact you.
6.5 Due to the perishable nature of my products, any order not collected within 24 hours of the agreed time will be deemed abandoned.
6.6 Once an order is abandoned:
• I may dispose of or donate the products
• no refund, credit, or replacement will be given
6.7 Full payment remains due for all uncollected orders.
6.8 I am not responsible for any deterioration caused by late collection.

 

7. Delivery

7.1 Delivery is by prior arrangement only and is charged separately.
7.2 Delivery charges are based on mileage, time, and setup requirements.
7.3 Once delivered and accepted, responsibility for the products passes to you or your representative.
7.4 Where setup is required, I may take photographs as evidence of condition at handover.

 

8. Transport, Storage and Responsibility

8.1 Responsibility for the products passes to you once collected or delivered.
8.2 I am not liable for any damage after handover.
8.3 You are responsible for transporting products safely.
8.4 Products should be stored in a cool, dry place away from heat and direct sunlight unless otherwise advised.
8.5 Products are best consumed within 3 days unless otherwise advised.
8.6 I am not responsible for damage caused by venue staff, guests, or any third party after handover.

 

9. Allergens and Dietary Information

9.1 It is your responsibility to inform me of any allergies or dietary requirements at the time of enquiry.
9.2 By placing an order, you confirm that all allergen information provided is accurate.
9.3 Where allergens are declared, I will contact you to discuss severity. I reserve the right to decline orders where I cannot safely cater.
9.4 I do not cater for severe allergies or anaphylaxis.
9.5 My kitchen is not allergen-free. I handle ingredients including milk, eggs, gluten, nuts, peanuts, and soy.
9.6 I cannot guarantee any product is free from traces of allergens.
9.7 Where I agree to omit an ingredient, cross-contamination cannot be ruled out.
9.8 Allergen information is available on request before ordering and at collection/delivery.

 

10. Non-Edible Decorations

10.1 Some products may contain non-edible items such as dowels, wires, or decorative elements.
10.2 It is your responsibility to remove these before consumption.

 

11. Complaints and Refunds

11.1 Any issues must be reported within 24 hours of collection or delivery, with supporting photographs.
11.2 I may request the product (or remaining portion) be returned for inspection.
11.3 I will not accept complaints where:
• the product has been largely consumed
• damage occurred after collection/delivery
• storage or handling instructions were not followed
• I am not given a reasonable opportunity to inspect the product
11.4 Taste and design are subjective. Refunds are not given where the product matches the agreed specification.
11.5 If I am found to be at fault, I will offer a suitable resolution, which may include a refund, replacement, or credit.
11.6 Your statutory rights are not affected.

 

12. Complimentary, Discounted or Donated Orders

12.1 Products provided free of charge or at a discounted rate (including donations, collaborations, or goodwill gestures) are not part of a standard commercial sale.

12.2 Such products are provided on an “as is” basis.

12.3 No refunds, replacements, credits, or compensation will be offered in relation to these products.

12.4 I accept no liability for issues relating to taste, texture, design, or finish for complimentary, discounted, or donated orders.

12.5 By accepting a complimentary, discounted, or donated product, you acknowledge and agree to these terms.

 

13. My Right to Cancel

13.1 In the unlikely event I need to cancel due to illness or circumstances beyond my control, I will notify you as soon as possible.
13.2 If I cannot fulfil your order, a full refund will be provided.

 

14. Liability

14.1 My liability is limited to the value of the order.
14.2 I am not liable for indirect or consequential losses.
14.3 Nothing in these Terms limits liability where it would be unlawful to do so.

 

15. Force Majeure

15.1 I am not liable for delays or failure to perform due to events outside my control, including weather, illness, supplier issues, or transport disruption.
15.2 I will take reasonable steps to minimise disruption where possible.

 

16. General

16.1 All designs, images, and content remain my intellectual property.
16.2 Personal data is handled in accordance with my Privacy Policy.
16.3 These Terms are governed by the law of England and Wales.
16.4 I reserve the right to update these Terms at any time.

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