This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully before placing an order and make sure that you understand them.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time. This version was created on 01.01.22. We reserve the right to amend and change our terms and conditions at any time. Please check these Terms to ensure you understand the terms which will apply at that time.

1. INFORMATION ABOUT US

1.1 We operate the website www.wilmasbakery.com . We are Wilma’s bakery, registered limited company: 12192597.

1.2 To contact us, please see our Contact page.

2. USE OF OUR SITE

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

3. OUR PRODUCTS

3.1 Handmade Products

All of our Products are handmade and hand-finished. As a result, reasonable variations in appearance, decoration, finish, positioning, shape and colour may occur between Products and between an ordered Product and photographs shown on our website, social media or other marketing materials.

Images displayed by Wilma's Bakery are for illustrative purposes only and should not be considered an exact representation of the finished Product.

3.2 Colours

We will make reasonable efforts to create Products within the colour or colour palette selected or requested by you. However, we do not offer an exact colour-matching service unless this has been expressly agreed by us in writing.

Colour descriptions such as "sage green", "blush pink", "navy", "lilac", "cream" or similar describe a general colour or colour family and do not constitute an agreement to produce one exact shade.

Colours are mixed by hand and may vary between batches. Colours may also develop, deepen or change slightly following mixing, production, storage or exposure to different temperatures and lighting conditions.

Colours displayed on phones, computers and other devices, or within photographs supplied to us, may appear differently depending on screen settings, lighting, photography, editing and filters. We therefore cannot guarantee that the finished Product will exactly match a colour as it appears on a screen or within a photograph.

Reasonable variations in shade or tone within the requested colour or colour palette will not, by themselves, mean that the Product is incorrect or not as ordered.

3.3 Inspiration and Reference Images

Where you provide us with photographs or images of cakes, decorations, colours or designs, these will be treated as inspiration and guidance only.

Wilma's Bakery does not offer an exact cake replication service and we will not reproduce another cake or design identically.

A reference image does not form an agreement that the finished Product will be identical in colour, decoration, proportions, positioning, finish or overall appearance.

We will use the information and reference material provided to interpret the requested style, colour palette and overall appearance and create a Wilma's Bakery Product based upon that brief.

Unless expressly agreed by us in writing, colours appearing within a reference image will not be treated as an exact colour specification or colour sample.

3.4 Order Details and Confirmation

Products will be made in accordance with the order details agreed between you and Wilma's Bakery.

Where an Order Confirmation is issued, you are responsible for checking the details carefully and notifying us as soon as possible if any information is incorrect or incomplete.

This includes, where applicable, the collection or delivery date, size, flavour, colour palette, decoration, wording, personalisation and any other Product specifications.

Where the Order Confirmation accurately reflects the information supplied or agreed by you, the Product will be produced in accordance with that confirmation.

Requests to amend an order after confirmation are subject to our agreement and may not be possible once preparation or production has begun. Additional charges may apply where an amendment requires additional work, materials or production time.

3.5 Product Photography

We reserve the right to photograph Products produced by Wilma's Bakery and to use photographs of our work on our website, social media and marketing materials.

We will not intentionally publish personal information about you or the recipient of the Product without an appropriate lawful basis or permission.

3.6 Allergens

Our kitchen handles allergens including, but not limited to, nuts, peanuts, dairy, eggs, gluten, soya and other allergens.

Although we follow appropriate food safety and allergen procedures, our Products are produced in an environment where allergens are present and we cannot guarantee that any Product will be completely free from traces of an allergen unless we have expressly confirmed otherwise.

You are responsible for informing us of any relevant allergies or dietary requirements when placing your order and before consuming or serving the Product.

Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited.

3.7 Availability

All Products are subject to availability. If we are unable to fulfil an order, we will contact you as soon as reasonably possible.

4. OUR RIGHT TO VARY THESE TERMS

4.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how we accept payment from you; 

(b) changes in relevant laws and regulatory requirements; and

(c) any other matter that may arise from time to time.

4.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

4.3 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

5. YOUR PERSONAL INFORMATION

We only use your personal information in accordance our privacy policy. Please take the time to read this, as it includes important terms which apply to you.

6. CONSUMER OBLIGATIONS

6.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

6.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. 

6.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. 

7. COLLECTION, DELIVERY AND HANDOVER

7.1 Collection and Delivery

Products may be collected from the agreed Wilma's Bakery location or delivered where delivery has been agreed as part of the order.

You are responsible for ensuring that all collection and delivery information supplied to us is accurate.

7.2 Inspection at Handover

At the point of collection or delivery, the Product will be presented for inspection by you or the person collecting or receiving the Product on your behalf.

The person receiving the Product will be given a reasonable opportunity to inspect its visible condition, appearance and the details of the order.

This includes, where applicable, the Product's general design, visible decoration, colour palette, wording, personalisation and visible condition.

7.3 Acceptance and Sign-Off

Following inspection, the person collecting or receiving the Product will be asked to confirm that:

(a) the Product has been received in satisfactory visible condition;

(b) they are satisfied with its visible appearance; and

(c) to the best of their knowledge following inspection, the Product corresponds with the order.

Acceptance may be recorded by signature or through another handover confirmation process used by Wilma's Bakery.

A person collecting or receiving a Product on your behalf will be treated as having your authority to inspect and accept the Product.

7.4 Visible Matters Accepted at Handover

Where a Product has been inspected and accepted at handover, we will not ordinarily accept a subsequent complaint concerning a matter which was clearly visible and could reasonably have been identified during that inspection.

This includes complaints relating solely to matters such as the visible shade or tone of a colour, positioning of decorations, piping, visible finish, wording or other aspects of the Product's appearance which were present and available for inspection when the Product was accepted.

This does not affect your statutory rights in relation to a Product which is faulty, unsafe, materially not as described or affected by a problem which could not reasonably have been identified during the handover inspection.

7.5 Problems Identified at Handover

If you believe that there is a problem with the Product when it is presented to you, you must tell us before accepting the Product wherever reasonably possible.

We will then have the opportunity to inspect the concern and, where appropriate and reasonably possible, rectify the issue before the Product is handed over.

Where an issue is identified and resolved to your satisfaction before handover, your subsequent acceptance of the Product will confirm your acceptance of the Product in its corrected condition.

7.6 Collection by Another Person

If another person collects or receives the Product on your behalf, you are responsible for ensuring that they are familiar with the order details and are authorised to inspect and accept the Product on your behalf.

Their acceptance of the visible condition and appearance of the Product will be treated as acceptance on your behalf.

7.7 Responsibility Following Collection

Once a Product has been inspected, accepted and handed over, responsibility for its safe handling, storage and transportation passes to you or the person collecting it on your behalf.

Wilma's Bakery will not be responsible for damage or deterioration occurring after collection as a result of circumstances outside our control, including inappropriate handling, carrying, transportation, storage, temperature, movement, impact or failure to follow any storage or transportation instructions supplied by us.

7.8 Customer-Arranged Couriers

Where you arrange for a third-party courier, taxi, delivery service, friend, family member or other agent to collect a Product on your behalf, that person will be treated as your representative for the purposes of collection and handover.

Wilma's Bakery will not be responsible for damage caused after handover by a courier or other person engaged by you.

7.9 Wilma's Bakery Deliveries

Where delivery is arranged by Wilma's Bakery, responsibility for the Product remains with us until it has been delivered and handed over to you or your authorised recipient.

The recipient will be asked to inspect and accept the Product in accordance with clauses 7.2 to 7.5.

Where nobody is available to receive the Product, we will take reasonable steps to contact you. Additional delivery or collection arrangements may incur further charges.

We cannot accept responsibility for deterioration caused by a customer's failure to be available to receive an order at the agreed time.

7.10 Problems Discovered After Handover

If a problem which could not reasonably have been identified during the handover inspection is discovered after collection or delivery, you should notify us as soon as reasonably possible.

Because our Products are perishable, we may require photographs, details of how the Product has been stored and handled, and, where appropriate, the return of some or all of the Product so that we can investigate the complaint.

Nothing in this clause affects your statutory rights.

8. CANCELLATIONS, CHANGES, COMPLAINTS AND REFUNDS

8.1 Made-to-Order Products

Celebration cakes and other pre-ordered Products are made specifically for an agreed customer, date or specification and are perishable Products.

Where permitted by law, the ordinary right to cancel a distance or online purchase simply because you have changed your mind does not apply to Products which are made to your specifications, clearly personalised or liable to deteriorate or expire rapidly.

8.2 Booking Payment

At the time of booking, either a 50% booking payment or payment in full may be required to confirm and reserve your order.

Your order is not confirmed until the required payment has been received.

The booking payment forms part of the total price of your order and reserves production capacity for the agreed date.

8.3 Cancellation by You

If you cancel an order, you must notify us as soon as possible.

Because we reserve production capacity, undertake administrative and design work, purchase ingredients and materials and may decline other orders once a booking has been accepted, cancellation may result in some or all of the amount paid being retained.

Any amount retained following cancellation will reflect the losses reasonably incurred by Wilma's Bakery as a direct result of the cancellation, taking into account work already undertaken, materials or items purchased specifically for the order, production capacity reserved, any loss resulting from being unable reasonably to replace the booking, and any costs we have avoided as a result of the cancellation.

Where production of a personalised or made-to-order Product has already begun, our losses may amount to the full value of the order.

Nothing in this clause permits us to retain more than we are lawfully entitled to retain.

8.4 Changes to an Order

Requests to amend an order must be made as early as possible.

We cannot guarantee that changes can be accepted after an order has been confirmed, particularly where ingredients, decorations, personalised items or other materials have already been ordered or where production has begun.

Where we agree to a change, additional charges may apply to reflect additional materials, work or costs reasonably incurred.

8.5 Visible Appearance Complaints

Our Products are handmade and reasonable variations are to be expected as described in Section 3.

Where you or your authorised recipient have inspected a Product at handover and signed or otherwise confirmed that you are satisfied with its condition and appearance and that it is as ordered, we will not ordinarily provide a refund, replacement or other remedy solely because you subsequently change your mind about a visible aspect of the Product which was present and reasonably apparent when it was accepted.

This includes subjective dissatisfaction with an accepted visible shade, finish, decoration, positioning or other aspect of appearance.

This clause does not apply where the Product is materially not as described or where you have another statutory right to a remedy.

8.6 Other Complaints

Any concern regarding a Product should be raised with us as soon as reasonably possible.

Where the concern relates to freshness, internal condition, flavour, filling or another matter which could not reasonably have been inspected at handover, please retain the Product and contact us promptly.

We may require photographs and may require the Product, or an appropriate portion of it, to be returned to us so that we can properly investigate the complaint.

A failure to provide reasonable evidence or to retain the Product where this prevents us from investigating the complaint may affect our ability to determine its cause or provide an appropriate remedy, but nothing in this clause affects any statutory rights you may have.

8.7 Taste and Personal Preference

Taste is subjective. Where a Product is of satisfactory quality, is as described and has been correctly supplied, we cannot provide a refund solely because you or another person does not personally like the flavour, sweetness, texture, colour or style.

This does not apply where there is an actual fault with the Product.

8.8 Products Supplied Incorrectly or With a Fault

If we have supplied a Product which is materially different from the agreed order, faulty, damaged before handover or otherwise does not meet your statutory rights, please contact us as soon as reasonably possible.

Where appropriate, we may offer to correct the issue, provide a replacement, offer a price reduction or provide a refund, depending upon the circumstances and your legal rights.

Where an issue is reasonably capable of being corrected before handover, we should be given a reasonable opportunity to do so.

8.9 Cancellation by Wilma's Bakery

If Wilma's Bakery is unable to fulfil your order and we cancel it, you will be entitled to the return of payments made for Products that we will not provide, except where a different arrangement has been expressly agreed with you.

This does not affect any other rights available to you under applicable law.

8.10 Refund Method

Where a refund is due, it will normally be made using the original payment method wherever reasonably possible.

Nothing in these Terms limits or excludes any statutory rights or remedies which cannot lawfully be limited or excluded.

8. CANCELLATIONS, CHANGES, COMPLAINTS AND REFUNDS

8.1 Made-to-Order Products

Celebration cakes and other pre-ordered Products are made specifically for an agreed customer, date or specification and are perishable Products.

Where permitted by law, the ordinary right to cancel a distance or online purchase simply because you have changed your mind does not apply to Products which are made to your specifications, clearly personalised or liable to deteriorate or expire rapidly.

8.2 Booking Payment

At the time of booking, either a 50% booking payment or payment in full may be required to confirm and reserve your order.

Your order is not confirmed until the required payment has been received.

The booking payment forms part of the total price of your order and reserves production capacity for the agreed date.

8.3 Cancellation by You

If you cancel an order, you must notify us as soon as possible.

Because we reserve production capacity, undertake administrative and design work, purchase ingredients and materials and may decline other orders once a booking has been accepted, cancellation may result in some or all of the amount paid being retained.

Any amount retained following cancellation will reflect the losses reasonably incurred by Wilma's Bakery as a direct result of the cancellation, taking into account work already undertaken, materials or items purchased specifically for the order, production capacity reserved, any loss resulting from being unable reasonably to replace the booking, and any costs we have avoided as a result of the cancellation.

Where production of a personalised or made-to-order Product has already begun, our losses may amount to the full value of the order.

Nothing in this clause permits us to retain more than we are lawfully entitled to retain.

8.4 Changes to an Order

Requests to amend an order must be made as early as possible.

We cannot guarantee that changes can be accepted after an order has been confirmed, particularly where ingredients, decorations, personalised items or other materials have already been ordered or where production has begun.

Where we agree to a change, additional charges may apply to reflect additional materials, work or costs reasonably incurred.

8.5 Visible Appearance Complaints

Our Products are handmade and reasonable variations are to be expected as described in Section 3.

Where you or your authorised recipient have inspected a Product at handover and signed or otherwise confirmed that you are satisfied with its condition and appearance and that it is as ordered, we will not ordinarily provide a refund, replacement or other remedy solely because you subsequently change your mind about a visible aspect of the Product which was present and reasonably apparent when it was accepted.

This includes subjective dissatisfaction with an accepted visible shade, finish, decoration, positioning or other aspect of appearance.

This clause does not apply where the Product is materially not as described or where you have another statutory right to a remedy.

8.6 Other Complaints

Any concern regarding a Product should be raised with us as soon as reasonably possible.

Where the concern relates to freshness, internal condition, flavour, filling or another matter which could not reasonably have been inspected at handover, please retain the Product and contact us promptly.

We may require photographs and may require the Product, or an appropriate portion of it, to be returned to us so that we can properly investigate the complaint.

A failure to provide reasonable evidence or to retain the Product where this prevents us from investigating the complaint may affect our ability to determine its cause or provide an appropriate remedy, but nothing in this clause affects any statutory rights you may have.

8.7 Taste and Personal Preference

Taste is subjective. Where a Product is of satisfactory quality, is as described and has been correctly supplied, we cannot provide a refund solely because you or another person does not personally like the flavour, sweetness, texture, colour or style.

This does not apply where there is an actual fault with the Product.

8.8 Products Supplied Incorrectly or With a Fault

If we have supplied a Product which is materially different from the agreed order, faulty, damaged before handover or otherwise does not meet your statutory rights, please contact us as soon as reasonably possible.

Where appropriate, we may offer to correct the issue, provide a replacement, offer a price reduction or provide a refund, depending upon the circumstances and your legal rights.

Where an issue is reasonably capable of being corrected before handover, we should be given a reasonable opportunity to do so.

8.9 Cancellation by Wilma's Bakery

If Wilma's Bakery is unable to fulfil your order and we cancel it, you will be entitled to the return of payments made for Products that we will not provide, except where a different arrangement has been expressly agreed with you.

This does not affect any other rights available to you under applicable law.

8.10 Refund Method

Where a refund is due, it will normally be made using the original payment method wherever reasonably possible.

Nothing in these Terms limits or excludes any statutory rights or remedies which cannot lawfully be limited or excluded.

9. PRICES

9.1 All prices are in GBP(£). We do not accept any other currencies.

9.2 The prices of the Products will be as quoted on order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was given. However if you discover an error in the price of Product(s) you ordered, please contact us as soon as possible.

9.3 The price of a Product does not include delivery charges. We will provide you with delivery charges on order.

9.4 Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.

10. HOW TO PAY

10.1 You can only pay for Products using a debit card or credit card via Stripe payment service, Apple Pay, Google Pay or via paypal.

10.2 Payment for the Products and all applicable delivery charges is in advance. 

11. EVENTS OUTSIDE OUR CONTROL

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.

11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and 

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12. MISUSE OF THE SITE

12.1 We reserve the right to suspend or terminate your access to our Site or parts of it if at our sole discretion we believe you are in breach of any provision of these Terms. If your access has been suspended or terminated you will not be permitted to re-register or to re-access our Site without our prior consent.

12.2 You will only use our Site for the purposes referred to in these Terms and not access the Site or use information gathered from it to send unsolicited emails.

13. YOUR AGREEMENTS

YOU AGREE that:-

13.1 It is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;

13.2 It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;

13.3 It is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name. You will not allow others to use your user name and you will notify us immediately of any unauthorised use of your user name. We shall not be responsible for any losses arising out of the unauthorised use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;

13.4 We shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

13.5 Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);

13.6 You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

13.7 Variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

14. SYSTEM REQUIREMENTS

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and view/ purchase any Products from our Site are your responsibility.

15. TRADE MARKS

“Wilma’s Bakery” is a registered trade mark of Wilma’s Bakery Limited. We reserve the right in this trademark, the wilmasbakery.com domain name and all related domains and sub-domains and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on our site.

16. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@wilmasbakery.com