Ultimate Cake Art

TERMS & CONDITIONS

Table of Contents

General Terms & Conditions

In using this website, you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “Member”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “The membership”, “We” and “Us”, refers to our Company, Ultimate Cake Art. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.

We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.

You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.

Links from this website

We do not monitor or review the content of the other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Communication

We have several different email addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he/she or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our site, however, we encourage visitors to our website to check our policies available for changes. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email will be made to those affected by this change. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or undertaking of purchase, membership or Agreement indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Membership

Payment

Members’ are required to pay for their membership at the time of purchase and then every month there following on the same date each month. We may terminate your membership and remove you from all our Ultimate Cake Art platforms if your payment fails and we are unable to contact you to collect this. All products and materials within the membership will always remain the property of the business and are not to be reproduced or distributed.

If we are unable to process your membership payment successfully, our system will usually retry every 3 days using the existing payment method you added. We reserve the right to manually retry this payment(s) at any time on your existing payment method – or any new payment methods that you add to your account – to process any outstanding debts.

Ultimate Cake Art is not liable for any late payment fees or reclaimed failed payments by PayPal or 3rd Party Payment Processors. For members making their monthly membership payment through PayPal or other 3rd Party Payment Processors such as Stripe, ApplePay or GooglePay, it is your responsibility to ensure your bank card details are correct and up to date. Should you cancel your membership with Ultimate Cake Art, it is your responsibility to ensure your recurring payment is cancelled with PayPal or such 3rd Party Payment Processor directly to save any future payments being taken.

Ultimate Cake Art does not accept payment in the form of cheques. Consequently, all purchases and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy and Refunds Policy

Trial Membership:

You may cancel your trial membership at any time by emailing our support team on [email protected] giving 2 DAYS NOTICE to cancel your account.

You must close your membership before your renewal date in order to prevent any charges on your account. Ultimate Cake Art does not offer refunds if the account is not closed in time and please note, the only way to end your trial and avoid charges on your account is by contacting our team with 2 days notice.

Membership:

You may cancel your monthly membership at any time by emailing our support team on [email protected] giving 7 DAYS NOTICE to cancel your account.

We don’t offer refunds, but you can cancel your monthly membership at any time.

Existing or returning members, who have joined again, may cancel their membership via the same methods as mentioned above, however, payment will not be eligible for a refund, you will continue to have access to the membership until your cancellation takes effect on the day or so before your next billing date.

For annual subscriptions, you may cancel your membership at any time, meaning it will not renew after the initial 12 months. We do not offer refunds on annual membership subscriptions.

If you have signed up to the monthly membership subscription and would like to switch to an annual membership, our team will be happy to help transfer this for you. Please allow at least 3 days prior to your monthly billing date for us to process the change from a monthly to annual membership in time. Switching from an annual membership to monthly membership is not possible during your first 12 months, however if at the end of your 12 month membership you would prefer to pay monthly instead, our team can happily help you with this.

Online Courses

The Company, from time-to-time, provides various courses, programs, and associated material for sale separately to the membership. By purchasing these products you are given immediate lifetime access to all the content for our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering our Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. You shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses. Not following the above shall be a breach of these terms and conditions.

No refunds are given for a Course you have ordered as you shall be immediately granted instant lifetime access to the course materials and we cannot reverse this access. We clearly lay out what you will be getting from a particular course on the sales page before purchase, this will give you a full understanding of what to expect within the course. If you have any queries regarding any Courses you can contact [email protected] prior to purchase.

In-Person Classes

Payment

Payment is required to secure your place. However, we do have the option for certain classes to spread the cost and paying in instalments.
Email [email protected] if you want more information.

Cancellation

Please double check dates and travel arrangements before you make a booking. We are more than happy for you to send a friend in your place to attend a class.

If for any reason you need to cancel your class after booking, please note:

For a 1 day In-Person Class:

More than 1 month of your class date there is a £20 cancellation charge.

Within 1 month but more than 2 weeks before your class, 50% of the class fee is charged.

Within two weeks of the class date we are unable to offer any refunds or changes as we will have turned away other customers from this class.

For In-Person Classes of 2 days or more duration:

More than six weeks of your class date there is a £20 cancellation charge.

Within six weeks but more than one month before your class, 50% of the class fee is charged.

Within one month of the class date we are unable to offer any refunds or changes as we will have turned away other customers from this class.

Transfers:

You can transfer your class to an alternative date or topic up to 1 month before the class date. We regret that we are unable to accept any transfers within one month of your class date. A £20.00 transfer fee will apply.

Cancellation by Us

In the unlikely event that Ultimate Cake Art should cancel a class, a full refund will be offered. Depending on availability, we may offer a place on another instance of the same class or a suitable alternative class if this is not on a convenient date. If neither is appropriate, we will make a full refund.

Our liability is strictly limited to the cost of a class booking. We cannot be held liable for any money spent by students, such as travel arrangements, hotel bookings etc. In plain words, if we should cancel a class and you have already made bookings, the maximum refund amount from Ultimate Cake Art will be limited to the amount of money you spent on booking class(es) with us. For such unforeseen circumstances, we strongly advise you to consider purchasing Class Cancellation Insurance.
There are several companies that offer such insurance policies, for example http://www.cancelsure-insurance.co.uk. Please note that we are not recommending this company, you need to do your own research and buy an appropriate insurance policy.

Age Restrictions

If you are wanting to book on one of our classes then please note there is a minimum age of 16 for all topics. If you are under 16 but still wish to attend a class you must be accompanied by a full paying adult.

Recording and Picture Taking

Students are not allowed to take videos during a class.
You are more than welcome to take pictures, but please do so without disturbing the teacher. For instance, taking a close-up picture of a demonstration with an iPad or other handheld device can be disruptive for other students. Equally, please refrain from using flash photography during the class.

Purchasing a Cake

Timescales

We will endeavour to do everything we can to accommodate your order however we work to a maximum number of cakes per week and will not compromise quality through greed. Usually 3 months’ notice for wedding cakes and 2 weeks for celebration cakes is sufficient, with less notice required during the winter months.

Customer Satisfactions Guarantee

Should you be unhappy with the cake we will do everything we can to rectify the matter before the event. If you are still unsatisfied then we will refund the payment in return for the complete cake.

If there is a design problem or the design is not up to the standard expected, the cake is to be photographed and e-mailed within 48 hours.
A full refund will be given on return of the complete cake.

If you are not satisfied with the taste after cutting the cake, the cake can be returned for a full refund (excluding delivery cost), but on the following condition - 80% of the cake is returned.

Check your order

While we take every measure possible to check orders it is also the responsibility of the customer to make sure the details on the order form or invoice are accurate. While we will do everything we can to rectify the situation when an error is made, the cake will be made as described on the order form or invoice provided.

Deposits

Once the order is placed the deposit (£100 for wedding and celebration cakes) is non-transferable and non-refundable. Where the cake has been paid in full and we have been given 28 days’ cancellation notice, the balance less the deposit will be refunded. Where 14-27 days’ cancellation notice is given 50% of the price will be refunded, after that no refund is due.

Hand Delivery

Having your cake hand delivered gives us the responsibility for ensuring that your cake arrives in a perfect state and on time. Where any damage does occur then it is our responsibility to ensure that a replacement is received within the timescales given. If this is not possible, for whatever reason, then a full refund will be given.

Collection from Our Studio and Workshop

As you will appreciate that once the cake leaves our workshop we cannot be liable for any damage in transit. We highly recommend to leave the delivery with us. Please be aware that a flat surface is required to retain the stability of the cake and should be secured where possible to remove the risk of movement in transit.

Best Before Dates

When preparing some cakes, especially larger ones, the cakes need to be in prep for two sometimes three days before the event. While we do everything to ensure that the cake is as fresh as possible for the event the best before dates written on the delivery box.

If the best before date is not displayed on the box, you are guaranteed that you are safe to eat the cake up to 4 days following the event as long as the cake is stored uncut in a cool dry place.

Allergy Information Notice

We take the health and safety of our customers very seriously and understand the importance of allergy awareness. Please be informed of the following:

Non-Nut Free Environment: While our cakes do not contain nuts as an ingredient, they are prepared in an environment that is not nut-free. This means that although nuts are not directly used in the making of our cakes, there is a possibility of cross-contamination.

Allergy Information on Delivery Box: For your safety and convenience, all allergy-related information, including the presence of potential allergens, is clearly displayed on or inside the delivery box of your cake. This practice is part of our commitment to transparency and ensuring you have all the necessary information before consuming our cakes.

Missing Allergy Information: In the rare event that you receive a cake without allergy information displayed on or inside the delivery box, please do not consume the product. Contact us immediately so we can provide you with the necessary information and take appropriate action to rectify the situation. Your health and well-being are of utmost importance to us.

We appreciate your understanding and cooperation. If you have any specific allergies or dietary concerns, please contact us before placing your order so we can discuss your needs in detail.

Thank you for choosing Ultimate Cake Art. We look forward to serving you with delicious and safe confectionery delights.