TERMS & CONDITIONS
1. Cakes, confections and products.
1.1 The Cupcake Oven and Sarah Thomas (hereinafter referred to as "The Cupcake Oven" or "we", "us", "our") will use the best ingredients it can source.
1.2 All ingredients are vegetarian, except for some sprinkles (fish gelatine).
1.3 We do not cater for severe allergies of any kind. We can provide cakes that are egg, dairy, gluten, or nut free, but our kitchen and equipment is not and may have traces of these allergens on them. we cannot guarantee our products are nut free.
1.4 For orders under £250 in value, full (non-refundable) payment is required to secure your booking. For orders over £250, a 30% non-refundable deposit will be required, with the balance falling due no later than 4 weeks before the date of collection/delivery. No reminders will be sent for final payments, so please make a note in your diary. Failure to make payment by the time due may result in the date being released and all obligations by us ceasing.
1.5 Orders will only be confirmed upon receipt of agreed deposit or the full payment, whichever we request.
1.6 In the event the event is cancelled, and you wish to cancel your order, all deposits remain non-refundable. If the event is cancelled less than 1 month before the date 75% of the total amount due may be retained by us. In the event of cancellation less than 7 days before the event, payment in full will be retained as by this stage work will have started, stock obtained, and work scheduled accordingly. Cancellation must be made in writing.
1.7 If a request to reschedule is made, we will do our best to accommodate you. In the event that the date cannot be rescheduled, or the request is made less than 1 month/4 weeks before the event, clause 1.6 will apply.
1.8 All orders are bespoke and made to your exact requirements and so each quote will be individual and relate specifically to that order.
1.9 Once products are collected or delivered, they become the customers responsibility. We will not be liable for any damage occurring whatsoever.
1.10 You are solely responsible for the safe transportation of your completed cakes. We advise that cakes should be transported flat in the boot of your car or foot well with some non-slip matting underneath your cake box. We will supply you with a cake box for transportation. We will not be liable for any damage occurring whatsoever after hand over of the item/s. It is advised that you drive safely and avoid sharp breaking, sudden acceleration, and tight fast corners. Also avoid speed bumps where possible and if it is necessary, take them slowly.
1.11 Once products are set up at an event or venue, we shall take a photograph and request that someone on the premises signs a form. A copy of the form will be left with that person. We shall not be liable for any damage occurring thereafter.
1.12 Once payment has been made a contract is non-cancellable by the customer. Ordering mistakes such as (but not limited to) date, colour, numbers will not be grounds for a cancellation. If an order date is requested by the customer to be changed following confirmation and acceptance of an order, this may not be possible.
1.13 It is your responsibility to read through any quote carefully. Any requests to make an amendment to flavour or design must be made in writing not less than 2 weeks before the event. We will do our best to accommodate changes, but this may not be possible. Changes may incur extra charges which are payable immediately and any work commenced for the original specification will also require a charge. If any changes or amendments change the value to 75% or less than originally quoted, we reserve the right to retain up to 75% of the original quote.
1.14 Deliveries are charged per mile plus time taken for the return trip and any set up required at an hourly rate.
1.15 Collection of orders is from our premises at a pre-agreed date and time. If you are unable to arrive at the time agreed, we will endeavour to accommodate you. However, if you do not collect the product within a reasonable time, we cannot be held responsible for it no longer being available.
1.16 Transport and storage of items is generally away from direct sunlight and heat sources. It is not necessary to store in a fridge unless specifically instructed. Items are best consumed within 3 days of collection/delivery.
1.17 In the event of a complaint, this must be notified within 24 hours.
1.18 If the complaint concerns the product purchased a photo must be immediately provided AND the product returned to us.
1.19 Any product which is more than 1/4 consumed will be deemed as being of a satisfactory standard and no investigation will take place.
1.20 Once received we will investigate the nature of the complaint and any decision made will be final.
1.21 If we are found liable and a mistake has been made, we will offer a refund either in part or full, or a credit note/discount for future use, depending upon the severity, at our discretion.
1.22 It is your responsibility to ensure all non-edible decoration is removed from the product prior to cutting and consumption (for example but not limited to: dowels, ribbons, wired flowers, models)
2. Classes and Gift Certificates
2.1 All designs learnt at our classes remain the property and copyright of Sarah Thomas and The Cupcake Oven. If you have attended a class, you are of course free to use the designs you have learnt for your own cake making, but you are prohibited from using designs and techniques in any class or demonstration you wish you run.
2.2 You agree not to teach or share with any other person, in person, via social media, the internet or by any other means, inter alia techniques, designs or recipes learnt. All designs, class notes, teaching methods, recipes remain the property of Sarah Thomas and The Cupcake Oven.
2.3 If we believe at any time that you intend to reteach or share in any way any content of our classes or believe you may be disruptive to the class by way of behaviour or otherwise or that you may delay any proceedings of the class to the detriment of other attendees, we reserve the right to request you to leave immediately without any further warning. No refunds will be offered in these circumstances whatsoever.
2.4 We reserve the right to change the class content at any time.
2.5 Children under 16 must be accompanied by an adult who has also purchased a place at the class. Classes may be suitable from age 10 above. Please contact us to discuss. We have been CRB checked.
2.6 Unfortunately, due to the popularity of our classes, no refunds will be given for cancellations. Please carefully check the date you are booking before you decide to go ahead. Once booked, a date will not be rescheduled. In the unlikely event that we cancel a class, an offer to reschedule will be made. If no suitable date can be allocated you will receive a Gift Certificate. All usual terms in relation to these will apply (2.14 - 2.17). The Cupcake Oven's liability is limited to the cost of the class booked and the amount paid for the class only. It does not cover any payments you may have paid for travel, accommodation or other arrangements or any other payment whatsoever.
2.7 If you have recently had sickness or diarrhea, we respectfully request in line with Food Hygiene Standards that you do not attend the premises for any reason until a full 48 hours clear has passed. This is to comply with the law and local authority standards.
2.8 If you think you are positive with Covid -19 or have had a recent positive test and not yet tested negative, the same rule applies as 2.7. If it is suspected that you are Covid-19 positive on arrival, you may be asked to test on the spot with a test which will be supplied to you before you can enter. We thank you for your co-operation in not making other more vulnerable people around you ill.
2.9 If you cannot attend a class, you may find someone to attend in your place. You must supply full contact details prior to the class, or any such persons may not be admitted.
2.10 We reserve the right to refund you and cancel your place on any class if we feel you are in breach of these terms and conditions, unless the breach is not recognised until less than 4 weeks prior to class date and in that case, no refund will be given.
2.11 Class location may be subject to change. We aim to give at least 2 weeks’ notice of any such change. The Cupcake Oven will not be liable for any extra travel fees, or any charges incurred by any such change of location. This may be by way of a general announcement on Facebook. We will do our best to contact you.
2.12 Please bring a light lunch and a pen with you to in-person classes. Everything else you need (ingredients, materials, tools, apron) will be provided.
2.13 Students will not be able to use our fridge or microwave to store or prepare food, except for class requirements.
2.14 Gift Certificates ("Certificate/s") are valid for 12 months from the date they are issued. No extension of time will be granted. Classes must be booked before expiry (even if that class is on a date beyond the expiry of the Certificate). Class location information contained within any Certificate may be subject to change at any time.
2.15 Certificates may be exchanged for any scheduled class only (class requests not considered), up to the total amount of the printed value. A top up fee may be paid to attend a higher value class or to exchange the Certificate for a 1-2-1 class (dates subject to availability). Any unused portion may be carried forward and used towards another class.
2.16 Certificates cannot be transferred without written confirmation by email from the named holder.
2.17 Once purchased, Certificates cannot be refunded.
2.18 Replacement class notes incur a £10 admin fee. These may be collected in person or posted at request. They will never be sent electronically (e.g. email, text or messenger).
2.19 Please arrive in good time for your class. We will open the doors no earlier than 5 minutes before the start time. We may delay the start time for up to 10 minutes in case of lateness, but if you are later than 30 minutes, you may not be admitted as you will have missed any health & safety instructions and it will not be possible for you to catch up without disrupting the class. No refunds or rescheduling will be permitted for any reason whatsoever.
2.20 We are not responsible for the success or failure of your results relating to any or all information or content provided by us, nor do we make any guarantee of your results. In making any payment, whether as a deposit, a subscription or payment in full, you agree to completely release us from ALL liability for any types of losses or damages (monetary or otherwise) that you or any third party may incur from your use of our services, websites or livestreams regardless of platform.
2.21 We do not under any circumstance allow our classes to be recorded by any means. You are more than welcome to photograph your own work. We may wish to take a class photograph during the class and at the end. If you do not wish your work to be photographed, please inform us at the time. We may use these photographs as we see fit to further advertise our classes and share on social media sites such as Facebook, Twitter and Instagram but not limited to these.
2.22 In the unlikely event that we agree to any changes being made to an existing booking, an admin fee of a minimum of £10 per amendment will apply.
3. Online Classes
3.1 All content of our online classes (including but not limited to classes via inter alia Facebook or Zoom) is subject to the same Terms as our in-person classes in their entirety.
3.2 It is your responsibility to download any required app onto your device and to understand how to access the course.
3.3 Ensure you have all required equipment, tools, materials, and ingredients to take part in good time before the class.
3.4 Under no circumstances are you to share login, access, or meeting invitations with another party. If this occurs all involved parties will be removed from the platform, all other accesses and subscriptions cancelled forthwith, and no refunds will be applicable.
3.5 Recording and/or sharing of online classes is strictly prohibited.
4.1 Payments for classes and orders are payable immediately.
4.2 Class places and orders will not be confirmed until full payment is received except for large orders over £250 where an exception may be made (refer to clause 1.5).
4.3 Wedding bookings and orders over £250 (excluding stand hire or delivery charges) will require a deposit to secure the date with the balance due one calendar month before the event date.
4.4 When payment is received your booking will be confirmed by email or agreed format/medium.
4.5 If another order or booking is received before payment has been made (within any agreed time or within 24 hours), you may lose your place.
4.6 Payments for private or specifically requested class dates must be made within 24 hours or the date will be released and re allocated.
4.7 The Cupcake Oven will not issue reminders for payments not received either in part or full. Dates will be released and reallocated without further notice. Please make a note of all important dates. It is your responsibility to make payment to secure your date.
4.8 Deposits or payments in full are non-refundable.
4.9 For purchases made online you are entitled to a full refund for any services not yet received (i.e. class attended) under UK law within 14 days of the date of booking. After this time, no refunds will be allowed whatsoever.
4.10 Under these terms, if you attend a class booked within the 14 days "cooling off" period, and services are delivered in full in that time, you waive your right to request a cancellation and receive a refund. If you book a class which falls within 14 days of your booking, but you fail to attend for any reason whatsoever, you also waive the right to cancel and receive a refund.
4.11 If a payment is made for a digital download or a class that is available immediately, you have no right to request a refund, you will waive any such rights as there may be.
4.12 For terms relating to cancellations of orders, please refer to Clause 1 above.
5.1 All content of The Cupcake Oven website including, but not limited to, designs, layout, wording, text, photographs, belong to The Cupcake Oven and may not be copied, duplicated, or used in any format or for any purpose without the express permission of The Cupcake Oven and its owner.
5.2 The Cupcake Oven or its owner will not be liable for a failure to perform or a delay due to events outside of its control including, but not limited to:
· failure to receive materials needed due to a 3rd party failure beyond our control.
· extreme weather conditions preventing delivery or collection of products or your attendance at a class, including but not limited to, storm, snow/ice, fire, floods, or any natural disaster whatsoever.
· impossibility of the use of any relevant means of transport (for delivery or collection of products or attendance at classes)
· Traffic conditions upon delivery of a wedding order or other
· any act, or attempted act of terrorism
· any epidemic or pandemic, or other localised disease or illness, whether previously known or otherwise
5.3 We will endeavour to minimise any disruption to deliveries or attendance at a class due to an event beyond our control. Should it become impossible to run a class, you will be offered an alternative date. No refunds will be offered.
5.5 The maximum liability of The Cupcake Oven will not be more than the price of the product or cost of the service.
5.6 The Cupcake Oven holds all relevant Public Liability Insurance and operates under strict HACCP guidelines for all food production, handling, storage, and distribution.
5.7 The Cupcake Oven is registered with the local authority and undergoes regular strict inspections in accordance with the law.
5.8 English law will apply to all aspects of any arrangements for the provision of services or products, including the terms above, interpretation and all other disputes or matters arising.
5.9 These Terms are subject to change at any time without prior notice.
Updated 1st March 2022.