Terms and Conditions, Privacy Policy & Disclaimers

All our products made by us are subject to the following terms and conditions.

INGREDIENTS

All cakes, baked goods, fillings and icings may contain, or come into contact with soy, wheat, dairy, nuts or other ingredients.

Please be aware that although we have strict processes in place to prevent cross-contact there is still a slight risk of the presence of any allergen.

It is the responsibility of the Customer to inform Motley Cakes prior to the confirmation of their booking of any allergy issues. It is the responsibility of the Customer to inform their guests of all allergy information and accordingly, Motley Cakes will not be held liable for any allergic reaction resulting from consumption of said products. 

All products are made to be eaten on the day of the celebration.

If flowers are provided by an outside source for a Cake, Motley Cakes will arrange them at no extra cost. The Customer acknowledges that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants. In the case of fresh flower usage, the responsibility of the flower safety and safe food practices will rest with the florist and not with Motley Cakes. The Customer should obtain a notice of plant safety, in question, from the florist. Motley Cakes is not responsible for any damage to the Cake/Products caused by the placement of flowers by another party or other items on the Cake/Products.

ORDERS & DESIGN VARIATIONS

We prefer at least a ten (10) day notice for all orders, as we are continually booked in advance. We will however endeavor, where availability permits accept short notice orders.

Any Products ordered from a picture or photo of a product produced by any other baker/maker can only be reproduced by us as OUR interpretation of that product and will NOT be an exact reproduction of the product in the picture or photo.

Although we make every attempt to provide an exact design and to match colors, custom cakes are a work of art. It may not be possible to match an exact shade of a color, but we will come as close as possible. The final product may be subject to slight variations. Also be aware the exposure to light can cause colors to change. We do not offer discount or refunds if the exact shade of a color is not achieved or if a variation occurs due to lighting. In the event that a major variation needs to be made Motley Cakes will communicate this to the Customer and seek redesign approval. 

DEPOSITS

A non-refundable deposit of 50% is required to hold your date (weddings/caterings) within 10 days prior to pickup or delivery.  We must receive the balance by the due date indicated or the contract is null and void, and deposit will not be refunded. 

Delivery and setup are $40 (subject to change based on location and difficulty level).

Where we have delivered what is quoted and invoiced, but the Customer does not accept the finished Product, the deposit WILL NOT be refunded. The Customer can choose to pay the remainder and take the product/s, or leave them at no extra cost.

UNFORESEEN CIRCUMSTANCES

Where we, Motley Cakes, cancel the booking due to illness or any other unforeseen circumstances (an act of God) that affects the ability to deliver the ordered Product(s), the deposit will be refunded within seven (7) days of notification to the Customer.

FINAL BALANCE PAYMENTS, PICKUPS AND DELIVERIES

The balance is due on or before the pickup date and before the Product leaves the premises.

If paying by cash, correct change is appreciated. If paying by internet transfer, the money needs to hit the account BEFORE the Product leaves the premises. 

It is the responsibility of the Customer to check the state of the product before leaving the premises. Once the item has left the premises, the Customer is responsible to ensure the product(s) gets to its destination safely and is stored as per our instructions to achieve best results for taste and quality.

DELIVERY

We offer delivery for certain destinations. Delivery is charged at our discretion.

Delivery will be carried out in a safe and appropriate manner. Once delivered to the Customer and change of hands has been completed with the product in appropriate condition, is is then up to the Customer to store and care for the product per our instructions. If anything is to happen to the cake or products after this exchange, we, Motley Cakes, are not liable for any damages.

Motley Cakes is not responsible for any damage to the cake or Products after setup is complete. The Customer is responsible for providing an appropriate and secure table(s) and environment for the cake or Product(s). Cakes are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below.

A delivery time and date will be agreed upon by both parties, and if the Customer is not at the location at this time and date, and we are not able to contact the Customer, the product will be transported back to our premises and it will be the Customer's responsibility to collect the cake or product(s).

PICKUP

The Customer is liable for any damage, accident, or mishap that may occur once the cake is released from the care and custody of Motley Cakes. The Supplier, Motley Cakes, is not liable for any damage that may occur thereafter.

POSTPONEMENT

If, for any reason the event is required to be postponed, please contact us immediately.

The new date proposed will be subject to availability.

PUBLICATION, PHOTOGRAPHS AND MARKETING

We reserve the right to use any image of a Product made by us for publication at a later date.

We respect the rights of all our clients. We will NOT disclose the identity of clients (photographs of people, last names, event details, contract details) without permission. We do however, reserve the right to photograph our baked goods and use those photos on our website, social media, or marketing materials. We also reserve the right to use any photographs for display or promotion without compensation to the Customer.

RENTAL ITEMS/RETURN OF HIRED EQUIPMENT

If your Cake/Products require equipment such as columns, cake plates, stands, etc., a security deposit must be left with us at the time of final payment in order to ensure the safe return of the equipment. We will return this security deposit when the equipment is returned to us in its original condition no later than seven (7) days past the event date. The security deposit is forfeit if equipment is not returned by "Equipment Return Date" on contract.

DAMAGE

If a third party will be collecting the cake on the Customer's behalf, a release form is to be signed by that person, stating the Cake/Product is received in good condition at the time of pickup/delivery. 

CANCELLATIONS/REFUNDS

If cancellation of the order is required, and you have paid your full balance, the refund policy is a follows:

If the cancellation is up to fourteen (14) days in advance of your event date, you will receive a refund, less your initial deposit and the cost of any supplies already purchased for your order.

If the cancellation is less than seven (7) days prior to your event date, there will be absolutely no refunds given.

Refunds will be paid within 30 days of cancellation.

PLEASE NOTE: ANY NON-REFUNDED BALANCE MAY BE CREDITED TOWARD FUTURE PURCHASES.