Terms & Conditions

TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

License to use website

Unless otherwise stated, Rainbow Bakes and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Rainbow Bakes's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Rainbow Bakes's express written consent.

Restricted access

Access to certain areas of this website is restricted. Rainbow Bakes reserves the right to restrict access to areas of this website, or indeed this entire website, at Rainbow Bakes discretion.

If Rainbow Bakes provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Rainbow Bakes may disable your user ID and password in Rainbow Bakes sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Rainbow Bakes a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Rainbow Bakes the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Rainbow Bakes or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Rainbow Bakes reserves the right to edit or remove any material submitted to this website, or stored on Rainbow Bakes servers, or hosted or published upon this website.

Notwithstanding Rainbow Bakes rights under these terms and conditions in relation to user content, Rainbow Bakes does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Rainbow Bakes makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Rainbow Bakes does not warrant that:

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Rainbow Bakes will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

These limitations of liability apply even if Rainbow Bakes has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Rainbow Bakes liability in respect of any:

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Rainbow Bakes has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Rainbow Bakes officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Rainbow Bakes officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Rainbow Bakes.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Rainbow Bakes and undertake to keep Rainbow Bakes indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Rainbow Bakes to a third party in settlement of a claim or dispute on the advice of Rainbow Bakes legal advisers) incurred or suffered by Rainbow Bakes arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Rainbow Bakes other rights under these terms and conditions, if you breach these terms and conditions in any way, Rainbow Bakes may take such action as Rainbow Bakes deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Rainbow Bakes may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Rainbow Bakes may transfer, sub-contract or otherwise deal with Rainbow Bakes rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions , together with the Privacy Statement, constitute the entire agreement between you and Rainbow Bakes in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the UK.

Registrations and authorisation

 

Cakes and Cupcakes

1. Colourings and Ingredients
Rainbow Bakes does not guarantee to match up the exact colours and designs you have chosen due to the fact that every cake is handmade by us in our kitchens and may vary despite every effort being made.
We also cannot guarantee that all the product-lines used in the construction of the cake will be available at the time of making.  For example, when a supplier de-lists an item such as a 'pre-manufactured white chocolate rose'  or a particular ribbon colour design we will endeavour to re-design a cake to reflect as closely as possible the spirit of the original design using replacement products.
Please be aware that whilst your chosen cake may not be made with nuts or a nut product, it will be prepared in a kitchen where nut products may be used in other cakes and fillings.

2.Setting-Up
Whilst Rainbow Bakes will try to ensure that your cake is presented at its very best we cannot be held responsible for the location of the cake at the venue, the stability or levelness of the table upon which the cake is displayed or the quality of the surrounding around the cake. Please ensure, therefore, that the 'cake presentation table' is level, stable and strong enough to hold the cake.  Please also remember that chocolate covered cakes can melt under extreme conditions as are found within a marquee on a hot Summers day.
Once the cake has been collected or delivered, set-up, and signed for Rainbow Bakes cannot be held responsible for any interference or damage to the cake.

3. Equipment Hire
All equipment requires a cash deposit. The deposit will be reimbursed in full to the hirer on safe return of the hired equipment provided it has not suffered any damage whatsoever. Damage includes: cuts, chips, scratches, breakages, cracks, rips, tears, dents, bending, staining and discolouration. All hired equipment should be clean and in the original packaging provided. Violation of any signed agreements can result in Rainbow Bakes withholding the deposit in part or full. In addition, failure to return the hired equipment on the specified day will carry a penalty of £5 per item per day until the entire deposit is lost.

All cakes on our website are priced according to our current pricing policies and does NOT include the hire charge of £15 for the cake stands displayed.

4. Payments
In the unlikely event that you have problems with your wedding arrangements, which may include payments for services from Rainbow Bakes,  it recommended that you take out wedding insurance to cover all eventualities. This will give both you and your wedding service providers 'peace of mind' and will avoid any unnecessary problems.
Returns/Refunds

Returns and refunds will be at the discretion of Rainbow Bakes. The product whether it be a Celebration cake, Cupcakes or other goods must be returned by the client to be assessed with fault. No Refund will be allowed without the product. At times Rainbow Bakes wil refund an individual as a sign of GoodWill and this will be accepted and Final Payment.

4.1 Deposits
All  Cakes require a non-refundable deposit of 50% of the total cost which is due Three Weeks prior to the date and once the order has been placed and details checked and agreed by you.
The balance is due no later than 3 days prior to delivery. Payment needs to be made by using Cash, Paypal or Cheque only. Cheques will need 7 working days to clear.

4.2 Non Payment
Please note, that if the deposit is not paid by the stated date , collection and/or set-up date, it is assumed that the cake has been cancelled. The cancellation policy, therefore, applies in all cases. If after the Deposit deadline you try to make a payment, we reserve the right to refuse your trade in all cases with full loss of your 50% deposit.

4.3 Cancellation Policy
If for any reason it is necessary for you to cancel your Celebration Cake order the following will apply:

4.4 Change of Date
If, for any reason you wish to re-arrange the date of your Occasion , Rainbow Bakes will try its best to accommodate these changes without any additional charges provided sufficient notice is given and that we are able to provide a cake for the re-arranged  date. However, if we are fully booked on your new Occasion date and cannot provide the Celebration cake or Cupcakes it will not be possible to refund your 50% deposit. The limiting factor with any cake provision is usually the cake set-up. As a compromise, it may be possible to provide you with a cake prior to your date, but under these circumstances it will become your responsibility to collect, deliver and set-up the cake at the venue.

If you cancel your Celebration cake and Cupcake order with Rainbow Bakes after requesting a change of date no refunds will be made to you (the client) under any circumstances.

4.5 Once a design has been agreed, either verbally, via digital communication or via email, Changes to the design will not be acceepted without charge. This includes, changes to detailing of fondant, piping, cake flavours, design and themes. A charge of £10.00 will be added to the balance and will need to be paid in full before the changes are made. Rainbow Bakes reserves the right to deny and refuse any changes that would cause damage and exsessiive additional work to the cake or cupcakes.

5. Publication and Promotional Rights.

By agreeing or signing the Order Form the client hereby agrees that Emma Maria Chillingworth is the sole designer and owner of the final cake design. All cake designs used by Emma Maria Chillingworth  remain the property of Rainbow Bakes.  The client has no ownership rights over any cake design. We reserve the right to re-use and publish our photographs of the client's cake as and when required. Whilst we try to ensure that all published designs by Emma Maria Chillingworth are exclusive to Rainbow Bakes, we do not guarantee exclusivity of cake designs between our clients. The only exception to this rule is when the customer commissions a exclusive design

5.1 Ownership Rights
The relationship between the client (the purchaser of the cake) and Rainbow Bakes and the ownership of the product(s) purchased by the client from Rainbow Bakes are clear in law. The client owns the cake once delivered to the venue or collected, by prior agreement with Emma Maria Chillingworth(MD), from Rainbow Bakes. If the client fails to pay the full amount for the cake and/or products, as agreed and stated on the order form, then ownership of the products remains with Rainbow Bakes and not the client.
The responsibility of ensuring the cake remains in good order lies with the owner of the cake. The transfer of ownership also equates to the transfer of responsibility. For example, when ownership of the cake is transferred to the client it becomes the client's responsibility to ensure the cake remains in good order. A form provided by Rainbow Bakes is signed on transfer of ownership to ensure that the cake is handed over in good order.

5.2 Design Rights
The ownership of the 'cake design' remains with Rainbow Bakes and is not  transferred on ownership of the product to the client. This is important because it means that Rainbow Bakes has the right to publish and sell the the aforementioned 'cake design' to other clients. During the consultation process the client views a range of existing cake designs (dummy cakes) developed exclusively by Emma Maria Chillingworth for Rainbow Bakes. The client selects a design, variation of a design or part/combinations of various designs developed by the company. This is standard practice within the industry.

5.3 Unique Designs (limited range)
Whilst an individual 'cake design' is not exclusive to the client the 'cake design' will be exclusive to Rainbow Bakes. In addition, since all cakes are hand-made and not mass produced every cake is different. The chances of another client requesting exactly the same 'cake design' as the client's is very small, so it is likely that your cake design will be exclusive to you, however this is not guaranteed. Minor adjustments to our published designs is one method of ensuring your cake remains relatively exclusive (see section 5.5). This is because it is unlikely that we will publish a similar 'cake design' twice.  This may mean that cakes published in the past and in the future may look similar to the customers design, but not exactly the same. The only way to prevent this is to commission an exclusive design - this is a expensive process and something only our wealthiest customers have ever requested (see section 5.4)

5.4 Customised Designs
Customised Designs are the commonest cake design we sell. These are designs based on cakes or combinations of cakes from our collection with suitable adaptions to the design established through a free consultation. Using this technique we can match the colours to the Occasion and make minor alterations to our designs to ensure you get a unique cake at an affordable price.

5.5External Published Designs
Rainbow Bakes will not make exact copies of other cake designs produced by other UK registered Cake Companies. This ensures that cakes within the industry remain exclusive to those companies and also ensures that there is a large variety of 'cake designs'' available to clients and helps maintain exclusivity. This is healthy for the industry and helps to differentiate us from the mass market.

6. The Design Process
Rainbow Bakess defines the design of a cake as the result or outcome of the consultation or design process conduct between Rainbow Bakes representative and the client. During the consultation the representative will discuss and elicit from the client a list of requirements for their cake. Once these requirements are accepted by the client an order form is written out listing these requirements. This is signed by the client and a deposit paid. At this stage no design exists. The client has not paid for the design only the ingredients for making the design, the reservation date, and the list of requirements. Rainbow Bakes will then design a cake to meet those requirements.

7. Formal Definition of a Cake Design
A cake design is like any other designed product and has two elements to it: Function and Form.
The Function is the first aspect of the cake design determines the 'fitness of purpose of the design' . This means that the Celebration cake has been designed to meet the requirements of the couple. These aspects of the 'cake design' do not involve the client and are the sole concern of the professional cake designer and maker.  For example, the cake will be designed to remain upright and stable for the duration of the Occasion. The Form of the cake is the second aspect of the design and it to do with the outward impression of the cake. This means the cake has been designed to meet the visual, textual and taste requirements of the couple. It is this that the customer usually understands as the design of cake. For example, the cake designer will use an appropriate sized icing nozzles to reflect the degree of delicacy required on royal icing filigree. The choice of nozzle size is a decision for the designer of the cake and the customer will not need to worry about this kind of detail.

You can contact Rainbow Bakes by email via our Contact Page

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