Terms & Conditions

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
refers to: United Kingdom
(referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Burty Baker, 15 Cromford Way, Broughton Astley, Leicester. LE9 6UT.
means any device that can access the Service such as a computer, a cell phone or a digital tablet.
refers to the Website.

Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.

Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.

refers to Burty Baker, accessible from https://burtybaker.wixsite.com/my-site-1
means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowlegment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Links from a Third-Party Social Media Service

The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's terms and privacy policies.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Privacy

We take your privacy seriously and are committed to protecting your personal information. Our practices comply fully with the General Data Protection Regulation (GDPR). This means your data is handled responsibly and securely at every stage.

Please ensure you read these terms and conditions in conjunction with our privacy policy, which sets out further details regarding how your information is collected, used, and safeguarded.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Pricing and Payments

Pricing

After your consultation or enquiry, the quoted price provided to you will remain valid for a period of 14 days. To secure this price and avoid any potential increases, it is essential that you make your initial payment within this timeframe. Once the initial payment is received, your quoted price will be fixed and protected from further changes.

Please note that this fixed price policy is subject to exceptional circumstances outside our control, such as significant increases in fuel or ingredient prices. In such cases, any necessary adjustments will be communicated to you as soon as possible

Initial Payments

To secure the commission of your products and your chosen date with Burty Baker, a non-refundable payment of 50% of the total order and delivery price is required. This payment confirms your booking and ensures that your order is scheduled accordingly.

For orders with a total value under £50, full payment must be made to reserve the date. This payment should be completed no later than one week prior to delivery or collection. In the case of larger orders or those intended for venues, payment is required at least six weeks before the event date, unless a different arrangement has been agreed with Burty Baker.

By making your initial payment, you acknowledge and accept the full terms and conditions associated with your order.

Save the Date (Large Events)

If you would like to reserve a date for a large event but have not yet finalised your choice of products or determined the total cost, you may secure the date by making a payment of £50. The specific products required and the final price must be agreed at least three months prior to the event date. Once you have received and approved a full quotation, the outstanding balance required to reach the initial 25% payment will be due. The remaining full payment for your order must then be paid no later than six weeks before the scheduled event date.

Payment

Payments are to be made exclusively via bank transfer. The relevant account details will be provided within your quotation. When making your payment, please ensure you use your full name as the reference to assist in the identification and processing of your transaction. Once the transfer has been completed, kindly notify us either by email or direct message, so that we can promptly acknowledge receipt of your payment. Following confirmation, a formal receipt will be issued for your records. Please be aware that the final payment for your order is required no later than one week prior to the collection or delivery date. For event orders, the deadline for final payment is six weeks before the scheduled date.

Late Payment Policy

In order to maintain the integrity of our booking process and ensure fairness to all clients, strict payment deadlines are required. If your initial payment is not received within one month of the quotation date—two months in the case of events—we reserve the right to cancel any prior arrangements made for your order. It is essential that the full payment clears in our account no later than one week before collection or delivery, or six weeks prior for event orders. Failure to adhere to these payment deadlines will constitute a breach of contract, and as a result, Burty Baker reserves the right to withhold release of your order until all outstanding amounts have been paid in full.

Consequences of Late Payment

Should payment not be received by the specified date, we retain the right to keep the order in our possession until the full balance has been settled. In the event that goods or services are found to be defective and a claim arises, Burty Baker’s liability, whether in contract or tort, shall be limited to issuing a credit note, providing a refund, or offering other compensatory measures as deemed appropriate at our discretion. The amount of compensation will not exceed the value of the goods or services in question.

Cancellation Policy

Cancellation Terms

If you decide to cancel an event, Burty Baker reserves the right to retain your Initial Payment. For event catering, if cancellation occurs four weeks prior to the event, we may keep 50% of the total price. If cancellation is made within seven days of the event, 100% of the value will be retained to cover production costs.

Cancellation Procedure

All cancellations must be submitted in writing, either by letter or email, to Burty Baker. Cancellations will only take effect once your written notice is received and acknowledged by us.

Postponement

If you need to postpone the event, we will endeavour to transfer your order to a new suitable date. If the new date is not suitable for us, the postponement will be treated as a cancellation.

Burty Baker Cancellations

In very unusual circumstances beyond our control, such as fire or ill health, Burty Baker reserves the right to cancel your booking. In this situation, any payments made will be fully refunded.

Discretion

Burty Baker reserves the right to be more lenient with these charges at their discretion.

Design Conditions

Alterations & Changes

It is the responsibility of the client to carefully read and check the quote provided. Any amendments or changes to the order must be submitted in writing. Where possible, we will make every effort to accommodate requests to adjust the design or dessert specification; however, certain alterations may not be feasible depending on the nature of the request or the amount of notice given.

Should an alteration result in a change to the cost, or if preparation work for the original design has already commenced, the outstanding balance will be adjusted to reflect these changes. If you are undecided about the design or specifications at the time of paying your deposit, please inform us so that we can advise accordingly.

For products ordered based on a picture or photograph of a product produced by another baker, please note that we will interpret and recreate the design to the best of our ability. However, the final product will be our own interpretation and cannot be guaranteed as an exact replica of the image provided.

Dessert Suitability

When selecting desserts for summer celebrations between May and September, we strongly recommend exercising extreme caution if you are considering options decorated with chocolate or buttercream. Once the item has left our premises, we cannot accept responsibility for any melting that may occur, as we have no control over the environmental or venue temperature. Nevertheless, we are able to advise you on designs that are less vulnerable to melting, offer guidance on how best to transport your cake, and do everything within our control to minimise the impact on your dessert.

Allergies & Special Dietary Requirements

Special Diets

If you or any of your guests have specific dietary requirements, please inform us so that we can accommodate their needs. We are able to prepare products that are gluten free, egg free, alcohol free, or without nuts, subject to availability and by request. However, it is important to note that whilst these particular ingredients can be omitted from individual products, they may have been present in our kitchen. As a result, we cannot guarantee the complete absence of traces for those who are highly sensitive to these ingredients.

Non-Edible Items

Please be aware that certain products may include components that are not suitable for consumption. It is the responsibility of the client, caterer, or guests to ensure these items are removed prior to serving or eating. Examples of such non-edible components include support dowels used in tiered cakes, decorative ribbons, and wires found in sugar flowers. These inedible elements are sometimes necessary for structural support or decoration, but must be taken out to ensure the safety of all those enjoying the products.

Delivery and Collection

Collection

Orders can be collected from Burty Baker at no cost, provided prior arrangements are made. Once the products have been collected, any subsequent damage is your responsibility, as we cannot accept liability after they have left our care. To maintain the highest level of freshness for your desserts, we recommend that collection takes place the day before your event.

Delivery Charge

Delivery charges are determined based on both the distance travelled and the time required for delivery. If you opt for delivery, we will endeavour to ensure your products arrive in impeccable condition prior to the commencement of your celebration event. However, we kindly ask for your understanding regarding circumstances outside our control, such as traffic conditions, as we cannot be held responsible for any resulting delays.

In certain situations, we may suggest that your products are delivered a day ahead of your event to guarantee their freshness and quality. It is your responsibility to provide us with the accurate time of your event or ceremony, as well as the full postcode of your venue, to facilitate timely delivery.

Should a late delivery occur, our maximum liability will be limited to a refund of the delivery charge. Once your products have been delivered and we have left the premises, we cannot accept responsibility for any subsequent damage. For this reason, we require that a responsible person be present to inspect and confirm acceptance of the delivery upon arrival.

If you request delivery after an initial booking for collection, we will do our utmost to accommodate your request, subject to availability. Please note, however, that such changes cannot be guaranteed and will incur an additional cost.

Set Up Requirements

Clients are responsible for ensuring that all necessary arrangements for items such as tables, linen, stands, display boards, and cutlery are completed prior to our arrival. These items should be set up and ready unless there is a separate agreement in place for us to liaise directly with the venue on your behalf.

If any delay occurs due to these items not being properly set up, we reserve the right to charge for any resulting downtime. Labour costs will be charged at £25 per hour, and any compensation required for other clients in the event that a delivery is delayed as a result will also be applicable. Alternatively, if setup is incomplete, desserts may be left with the event manager, who will be responsible for assembling or moving them into position as necessary.

Storage & Consumption

Damage

Decorations and similar items are often fragile and must be handled with care. Once products have been delivered and have left our possession, we are unable to accept any responsibility for damage that may occur thereafter.

If any damage does occur after delivery or collection, you are welcome to contact us for guidance on how to carry out repairs yourself. Should you require a professional repair, this can be arranged where feasible. Please note that any such repair will be subject to additional costs, including transport charges if applicable.

Best Before Date

All products are freshly baked to ensure optimum quality for the date of your event. Following this date, it may be advisable to freeze certain items promptly in order to help preserve their condition. Please note that we cannot guarantee the quality of products if they are consumed more than 48 hours after the event.

Our products are made exclusively from natural ingredients and contain no preservatives. As a result, their shelf life is shorter than that of typical supermarket items. Freezing may help to maintain the taste of the products; however, it is important to be aware that the visual appearance may change, as condensation can form during defrosting.

Food hygiene guidance recommends that food should only be kept frozen for a maximum of three months. If any items have been frozen before being decorated, you will be informed accordingly.

Complaints

Reporting Concerns

If you have any concerns about your products, please notify us at the time of delivery or collection. This allows us the opportunity to address any issues and make the necessary corrections before your event. We strongly recommend that a member of your family or the event manager acts as the designated contact on the day to facilitate communication.

Submitting Complaints

All other complaints should be submitted in writing and must include evidence of the fault. To be eligible for a refund, any uneaten items must be returned and must be unsuitable for consumption or not as described in the written quote. Refunds will not be given for change of mind, which is addressed in the terms and conditions under the sections for ‘cancellation’ and ‘alterations & changes’.

Late Delivery and Compensation

In the unlikely event of late delivery, which is defined as delivery after the scheduled start time of your celebration event, the maximum compensation offered will be a refund of the delivery price. We ask for your understanding regarding factors beyond our control, such as traffic conditions, as we cannot be held responsible for such delays.

Product Quality and Returns

We take great pride in providing a personal yet professional service. As taste is subjective and varies from person to person, we cannot accept returns of products based solely on personal preferences regarding taste or texture. All our products are handmade, and small irregularities are considered to enhance their natural character, contributing to the unique look and feel of Burty Baker’s products.

Online Conduct

Both parties agree not to post negative information about the other in connection with this Contract or Event on any online forum or website without first providing advance written notice of the intended content and giving the other party the opportunity to resolve any issues amicably.

Client Responsibility and Intellectual Property

Please note that we can only communicate with the client who placed the original order. All designs and intellectual property rights remain the property of Burty Baker.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: burtybaker@mail.co.uk

By visiting this page on our website: https://burtybaker.wixsite.com/my-site-1/contact

By phone: 07586 435538

By mail: 15 Cromford Way, Broughton Astley, Leicestershire. LE9 6UT