Terms & Conditions

Standard Terms and Conditions of Trading

These terms form the basis of the contract between our customer and Gelateaux. 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 ice cream cakes. 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.

Basis of Sale

Any samples, drawings, or descriptions we issue, and any descriptions or illustrations contained on our website and social media are issued solely to provide you with an approximate idea of the ice cream cakes they describe and remain the property of Gelateaux.

Quotations are valid for a period of 7 calendar days from the day of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 4 1/2 to 5 inches deep as standard. If you would like a deeper cake this needs to be requested at the time of booking.

No contract is made with you until we have received your booking fee. Once your booking fee has been received you are in a legally binding contract with Gelateaux.

The Cakes

We warrant that on collection the Ice Cream Cakes 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 the interpretation of the ice cream cake 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 customer’s responsibility to ensure all details within the order confirmation and any sketches are correct and meet their exact requirements.

Our ice cream cakes are all handmade, so will differ slightly each time. The pictures of the cakes are for guidance only and Gelateaux do not accept liability if the cake you receive differs slightly from that pictured.

The warranty does not apply to any defect in the Ice Cream Cakes arising from wilful damage, accident, negligence by you or any third party; if you use the cake in a way we do not recommend, your failure to follow our instructions or any alterations you carry out.

Our ice cream cakes are made in an environment where nuts, egg, milk, gluten, and other allergens are present. We cannot guarantee that any cake is entirely nut-free although we make every effort to ensure that allergies are accommodated.

We cannot guarantee an exact replica of any cake, but we will do our best to make it so. Where colour swatches are provided, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.

From time to time certain materials for our cakes may become obsolete or hard to purchase. This is totally out of our control; however, we will do our best to select replacement products to reflect the original design as closely as possible. We reserve the right to replace items with component parts of equal or better quality without consultation.

The ice cream cake is a frozen product and it is our right to assume consumption within 3 months of the day requested. Cakes should be stored in a freezer, at -18C or lower in the box provided.

Gelateaux and the customer expressly agree that the ice cream cakes and all goods purchased from Gelateaux remain the property of Gelateaux until paid for in full.

Delivery and Collection

All orders may be collected free of charge from Gelateaux by prior arrangement. We accept no responsibility for any damage sustained to the ice cream cake once it has left the premises.

Delivery is only offered for wedding cakes or ice cream cake orders over £250. We do not currently offer delivery of celebration cakes. If delivery has been requested, we will deliver the cake on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. Gelateaux will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence.

If the delivery address changes after the order has been confirmed additional charges may be added to cover extra mileage.

We will arrange a time for delivery/collection once your order has been confirmed and an order confirmation sent.It is essential that you , or someone on your behalf, will be available to receive your goods at the delivery address at the agreed delivery time. If someone at that address other than you accepts delivery of the goods we are entitled to assume that person is authorised by you to do so.

Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If this does happen we will contact you on the number provided by you at the point of ordering to update you and if necessary reschedule your delivery time and date.

If no one is at the delivery address when delivery is attempted they will be taken back by our driver and we will be unable to arrange a further delivery because of the perishable nature. In addition, since the goods cannot be resold, and since we have occurred a delivery charge, we will be entitled to retain the full price of the goods paid by you.

I will deliver within a 20 miles radius of GL54 4NX at a cost to yourself that has previously been agreed and is on the order confirmation. If you require delivery beyond my delivery radius please get in contact and we can discuss this and a price.

When delivering to a wedding venue, we will contact you and the venue in advance to arrange a mutually convenient time for delivery. Due to the nature of the ice cream cakes, we remain on site until the cake is cut, as if the ceremony is running late, we will not get the cake out of the freezer until required. If we set up the wedding cake, we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. Once the cake has been delivered, we are unable to accept any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.

If the ice cream cake is delivered with a cake stand, a security deposit will be payable with the final balance. The stand must be returned to us in a good, clean condition within 3 days of the wedding. Upon the return of the stand, the deposit will be refunded. This will be refunded via bank transfer with 5 working days. Should the stand be returned broken or damaged, the cost of the replacement stand will be deducted from the security deposit.

Price and Payment

The price of your ice cream cake will be as set out in your order confirmation. No Vat is payable on the cakes. A 25% booking fee is required for wedding cake orders (subject to a minimum of £50) and a £25 booking fee for all other cakes, except the Cakes To Go. For Wedding Cakes, a detailed 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.

Please note all booking fees are non-refundable.

The balance must be paid in cleared monies no later than the date set out in the order confirmation by bank transfer to the account specified, cash or payment by debit or credit card. If paying by debit or credit card, please allow 3 working days for the payment to clear. Late payments will incur a £25 charge.

If payment is not received by the date specified this shall be constituted as a 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 cake 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 Gelateaux.

The description and the price of goods you order will be shown on my website at the time you place your order and also in your order confirmation. I also offer a bespoke non – standard bespoke service, where goods can be ordered by special arrangement. If you are interested in such a bespoke service please contact me at www.gelateaux.co.uk or by telephone on 07748 636 277 to discuss your personal requirements and the prices.

The price of goods include collection from my parlour. Additional delivery charges within my 20 mile delivery radius can be discussed either via email www.gelateaux.co.uk or by telephone on 07748 636 277.

Cancellation, postponement, and alterations of bespoke ice cream cakes (not including wedding or To-Go cakes)

In the event of a cancellation by yourselves, charges are as follows;

More than thirty days prior to the date = booking fee plus any card/bank charges incurred by us in the processing of your payment.

Thirty days to one week prior to the date = booking fee plus half the remaining cost plus any card/bank charges incurred by us in the processing of your payment.

Less than one week prior to the date = full amount

Any booking fees previously paid are non-refundable.

 

Cancellation and postponement of To-Go  ice cream cakes (not including wedding or bespoke cakes)

In the event of a cancellation by yourselves, charges are as follows;

Over 24 hours = Any card/bank charges incurred by us in the processing of your payment.

Less than twenty four hours prior to the date = 10% to cover costs of admin plus any card/bank charges incurred by us in the processing of your payment.

Cancellation, postponement, and alterations of ice cream wedding cakes

In the event of a cancellation by yourselves, charges are as follows;

More than ninety days prior to the date = booking fee plus any card/bank charges incurred by us in the processing of your payment.

Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost plus any card/bank charges incurred by us in the processing of your payment.

Less than one calendar month prior to the date = full amount plus any card/bank charges incurred by us in the processing of your payment.

Any booking fees previously paid are non-refundable.

In the event of a wedding postponement, the payment due remains the same as a cancellation. If you postpone within 90 days of the wedding half the remaining cost will be due on the original payment date. If you postpone less than one month prior to the wedding, the outstanding balance remains payable on the original due date. Subject to availability we will carry any monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancelation. Postponements may also be subject to an increase in costs, in line with the annual cost of inflation, dependant on the duration of the postponement.

You may, prior to 8 weeks before the wedding day, or 7 days for celebration cakes, amend your order by providing us with written notice. In the case of alterations, a new order confirmation will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation has been issued. Should you make any changes after the time scale stipulated above there will be no a reduction in the price you pay, even if your new design is cheaper than the original booking.

If for any reason you fail to collect your cake order, we reserve the right to take action to recover any balances outstanding.

Gelateaux 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, pandemic, epidemic, storm, plant breakdown, strike, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Gelateaux, and Gelateaux shall not be liable for any breach of contract resulting from such an event. In this situation we will provide you with written notice and any booking fees paid are non-refundable and we refer to our cancellation policy. As such we advise you to purchase wedding insurance.  

Gelateaux’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 Gelateaux, 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.

Gelateaux 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 Gelateaux’s statutory liability for death or personal injury arising from any negligence Gelateaux’s part or liability imposed by statutory implied terms in Consumer Contracts.

Complaints

Complaints are very rare and due to the amount of work put into each individual cake, we take them very seriously. Any issues must be brought to our attention within 24 hours of collection to give a 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 celebration cake 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 cake clients will be sent a detailed sketch of their wedding ice cream cake 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 regard to the quality of the ice cream cake then the cake, or remainder of the cake/tier, must be returned to us as soon as possible after cutting and within 48 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint. Ice cream cakes that have melted as the result of being out of the freezer for too long will not be considered for a refund.

Please note we can only deal with the client who placed the original order.

General Terms

All designs and intellectual property rights remain the property of Gelateaux.

We reserve the right to use images of your cake 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 Gelateaux for your own benefit.

This Agreement together with Order Confirmation documents provided constitutes 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 anyone 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.

Come on In!

Collection

TUESDAY – WEDNESDAY   10AM – 2PM

delivery

COMING SOON

Contact

Phone

07748 636277

Mail

hello@gelateaux.co.uk

Address

Woodbine Villa, The Old Airfield, Chedworth, Cheltenham, GL544NX