TERMS AND CONDITIONS
Subject to change without notice.
By placing and order with Miss Apple’s Mini Bakery you hereby agree that the information provided is accurate and truthful, and you are above the legal age of 18 years old.
These terms form the basis of the contract between our customer and Miss Apple’s Mini Bakery. These Terms, your Order and your Order confirmation are considered by us to set out the whole agreement between you and us for the sale of mini cupcakes. 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.
Orders are accepted through the website or e-mail only. For orders made via email, please, contact us during our opening hours Monday – Friday: 10 am to 5pm, excluding Bank Holidays.
Basis of Sale
Payment is needed to confirm orders through the website checkout and until payment is received your order cannot be guaranteed. Custom orders for up to 50 cupcakes placed by email also requires full payment. For larger catering orders placed, a non-refundable booking fee is required. Without the booking fee, no contract is made with you.
Once your booking fee has been received you are in a legally binding contract with Miss Apple’s Mini Bakery.
Our Cupcakes are made to order, so we cannot deliver on the day the order is placed. For orders through the website, you must order at least 3 working days prior to your desired delivery/ collection date.
We warrant that on delivery or collection the cupcakes 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 flavour 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 cupcakes arising from willful damage, accident, negligence by you or any third party, if you use the cupcake in a way we do not recommend, your failure to follow our instructions you carry out.
Allergens: Our Cupcakes are free from eggs, milk and any other animal derived product/ ingredient. Gluten and other allergens such as nuts, soy, sesame seeds and others may be present or contain traces.
The cupcake is a fresh product containing no additives or preservatives. They are best consumed on the day of delivery. However, they can easily be stored in an airtight container in the fridge for about 4 days. Remove them out of the fridge 15-20 minutes before consuming as they are best indulged at room temperature and keep them away from sunlight or heat.
Miss Apple’s Mini Bakery and the customer expressly agree that the cakes and all goods purchased from Miss Apple’s Mini Bakery remain the property of Miss Apple’s Mini Bakery until paid for in full.
Price and Payment
Full payment is required to confirm orders (website or email) and until payment is received your order cannot be guaranteed. The price of your cupcakes as set out in your order confirmation. No Vat is payable on the cupcakes.
We reserve the right to change prices on the website from time to time without notice.
For Weddings and other catering orders, a non-refundable 25% booking fee is required (subject to a minimum of £30). An order confirmation will be issued detailing the final balance and payment details. No further payment reminders will be sent and it is the responsibility of the client to ensure payment is on time. The balance must be paid in cleared monies no later than the date set out in the order confirmation (normally 1 week before the event) by bank transfer to the account specified, cash or payment by debit or credit card in person. If paying by debit or credit card please allow 3 working days for payment to clear.
If payment is not received by the date specified this shall be constituted as 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 cupcakes 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 Miss Apple’s Mini Bakery.
Delivery and Collection
All orders may be collected free of charge from Miss Apple’s Mini Bakery by prior arrangement, as we are based at a private home. We accept no responsibility for any damage sustained to the cupcakes and other treats once it has left the premises.
If delivery has been requested, we will deliver the cupcakes on the day set out in the order confirmation to the address provided. We will contact you to arrange a time the suits us both. In the case we do not hear from you, we will deliver anyways. If no one is there to receive the order, we will try to leave with neighbours or at a safe place.
Delivery is available Tuesday – Friday (Weekend delivery available for large events). We do not deliver on Tuesdays after Bank Holidays.
When delivering to a wedding venue or other catering events, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up a cupcake display, we shall take a photograph of the cupcakes before leaving and, where possible, obtain a signature from the venue confirming the cupcakes have been received in good condition. Should the venue need to set up the cupcakes themselves we shall explain how the cupcakes are to be displayed and where possible obtain a signature to verify we have done so. Once the cupcakes have been delivered, we are unable to accept and liability for any damage sustained to the cupcakes thereafter nor any failure to follow the instructions provided.
If a cupcake/ cake stand is hired with our cupcakes there is a surcharge of £10 and a deposit of £30 is required. This will be refunded to you provided it is returned within 3 days of the event and in the same good clean and undamaged condition. Otherwise, the deposit will be retained by us to replace the damaged stand.
Brigadeiros are posted by Royal Mail Tracked 24 or Royal Mail 1st Class. Note that due to the pandemic delays might occur. Collection is also available.
Cancellation, returns, postponement and alterations
Miss Apple’s Mini Bakery bakes the cupcakes to order and we do not accept returns. Cancellations are only accepted by email. Refunds or a replacement order can be available if you receive the wrong product. You must check your cupcakes at the moment of delivery and inform us at the same time. Miss Apple’s Mini Bakery will not accept any complains of mistaken cupcakes after we have delivered it and you have confirmed they are correct.
If you need to change the date or details of your order or cancel it altogether please contact us as far in advance as possible. Orders cancelled 7 days or more before the delivery/collection date will receive a full refund on the order total; those cancelled within 3-6 days of delivery/collection will be entitled to a 50% refund.
For Weddings or larger catering events, cancellations made by yourselves ninety days to one calendar month prior to the date, the booking fee will be retained by us. Less than a calendar month full amount will be charged.
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 date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancellation. You may, prior to 7 days before the wedding day/ catering event amend your order. In the case of alterations, a new order confirmation will be issued detailing the changes and the new cost, if any. Alterations are not confirmed until a new order confirmation has been issued.
In the unlikely event that we need to cancel your order any monies paid will be refunded. Miss Apple’s Mini 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 Miss Apple’s Mini Bakery, and Miss Apple’s Mini Bakery shall not be liable for any breach of contract resulting from such an event.
Miss Apple’s Mini 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 Miss Apple’s Mini 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.
Miss Apple’s Mini 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 Miss Apple’s Mini Bakery’s statutory liability for death or personal injury arising from any negligence on Miss Apple’s Mini Bakery’s part or liability imposed by statutory implied terms in Consumer Contracts.
Complaints are very rare and due to the amount of work put into each individual cupcake. We take them very seriously. Any issues must be bought to our attention with 24 hours on collection or delivery to give fair opportunity to assess the nature of the complaint.
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.
Complaints regarding the decoration of custom mini cupcakes 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. Once payment has been handed over this confirms that decoration is as requested and no further claims can be made. Wedding cupcake clients will be sent a sketch of their wedding cupcake display if this will be agreed, prior to the wedding. It is the client’s 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 regards to the quality of the cupcakes then the cupcakes, or remainder of them, must be returned to us as soon as possible and within 24 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.
All cupcake designs and intellectual property rights remain the property of Miss Apple’s Mini Bakery.
We reserve the right to use images of your cupcakes for any form of advertising including web-based promotions, brochures, galleries and competitions. It is advisable that you make a copy of all documentation received from Miss Apple’s Mini Bakery for your own benefit.
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.