TERMS & conditions
1. Contract and prices
When you order the goods, e.g. by confirming the offer, a binding contract is concluded. The price depends, among other things, on the actual size and the decorative effort of the respective product or the agreed amount at the time of your order.
When the goods are delivered, additional delivery costs are incurred, which are based on the distance to and from our company.
2. Payment & the payment´s due date
We ask our customers to pay the total amount for the cake to reserve a slot.
Wedding cakes & business-ordered should be paid within 14 days from the invoice´s issue date but no later than 4 weeks before the agreed completion or delivery/collection date of your order. This can be done either on-site in cash, via PayPal payment or by transfer to our bank account.
You can find the bank details on the invoice. If payment is not made on time and the buyer (= buyer) cannot be reached by phone or email, we reserve the right to cancel the order. All other orders should be paid via bank transfer or PayPal payment within 48 hours from receiving CakesBerlin´s order confirmation (aka order summary").
3. Important deadlines for requests to change your order
All requests for changes to the shape, design, and type of cake can be taken into account even after the order has been placed, subject to compliance with important deadlines, but only if you let us know as early as possible. Here we ask you to take into account that our wedding cakes require a long production and planning phase, especially since we, as a small company, only accept a limited number of orders. It is important that the final version of your established order at least 4 weeks prior to manufacturing and must be communicated to us. After that, we can only consider change requests - specified below. In your own interest, you should contact us at least 3 to 6 months before the planned or planned wedding cakes.
Regardless of the above terms and conditions, the following deadlines must be observed: Experience has shown that "slight changes" can still be made up to a maximum of 4 weeks before completion of the products. This primarily applies to changes in color and small design details. On the other hand, larger adjustments such as changing the size of the cake or personalized decorative elements can only be made before the specified 4-week period. If we have already started with the production or compilation of the materials, there is no entitlement to adjustments after the 4-week period has expired. In addition, adjustments for the flavor are possible up to a maximum of 2 weeks. Please note that in the case of very short-term orders, i.e 1 to 2 weeks before the agreed delivery date, adjustments are no longer possible.
4. Cancellation deadlines and costs
For custom wedding cakes & orders above 251 €:
If you want to cancel your order, we ask you to inform us ASAP.
- For cancellations up to 16 weeks before the date of your event - 90 % will be refunded (minus a processing fee of 10 %).
- For cancellations up to 12 weeks before the date of your event - 75 % will be refunded.
- For cancellation up to 8 weeks before the date of your event - 50 % will be refunded.
- For cancellation of up to 4 weeks before the date of your event - 25 % will be refunded
- However, cancellations made within less than 4 weeks prior to the delivery/ pickup date are neither refundable nor transferable (after reserving a slot for you, we most likely we won't be able to book another wedding on that exact slot).
The remaining sum can be requested a voucher for a future order.
The buyer has no right of cancellation or returns according to §§ 355, 356 BGB because the goods are perishable, cf. Section 312 d para. 4 no. 1 BGB.
Orders of 250 € and below, or orders placed through The "Celebration cakes" or "Custom cakes" page:
If you wish to reschedule your order for another date or cancel, please email us a request with the desired date & time - at least 2 weeks prior to the collection/ delivery date. We´ll be able to help you and reschedule for another date. Keep in mind the down payment (or full payment, in case of delivery) charged in advance is non-refundable, but you can request a voucher for future order (minus a 10% proccing fee).
In the unlikely event that CakesBerlin is unable to complete your order due to personal circumstances, and/ or in the unlikely event that CakesBerlin is unable to stay open and/ or produce cakes within your cake order date (due to CoronaVirus regulations given by the German government), your cake credit will be transformed into a voucher which you will be able to claim within 12 months (as a single order).
5. Acceptance and transfer of risk as well as notification and complaint obligation
All cakes are packaged with care and attention (on a very solid cake board & thick carton box), and we cannot be held responsible for products lost or damaged after they have left the CakesBerlin studio premises. Once they have traveled beyond CakesBerlin Studio's doorframe, responsibility as a seller ceases to exist and this warranty does not apply to any defect in the products provided arising from damage, accident, negligence by you or any act of a third party, failure to follow instructions or any alteration you carry out.
In case of a collection from our studio:
When collecting the cake yourself: The buyer must check the cake and notify CakesBerlin´s team of any noticeable issues. Complaints can only be asserted immediately upon collection.
Latter complaints also apply, in case of dissatisfaction from the design, color or taste differ significantly from the agreed or ordered product.
We would like to point out in advance that all of our products are freshly baked to order.
Variance in the specified sizes and weights or appearance are not always avoidable due to the manual processing. Therefore, a claim concerning these issues or a request of reduction in price or other warranty rights, won´t be accepted either, unless these are obvious, i.e for everyone and are readily apparent at first glance.
Smaller or insignificant variance should always be taken into consideration, we do not have full control over the flowers used to be decorating our cakes.
If the goods cannot be handed over to the specified delivery address for reasons for which CakesBerlin is not responsible or if the buyer or recipient refuses to accept delivery, CakesBerlin is entitled to demand the full purchase price from the buyer. The buyer bears the costs of return transport and other costs resulting from non-acceptance.
Orders can be picked up by the customer themselves. Information on the delivery and storage of the products will be provided upon collection.
The risk of accidental deterioration, depreciation, damage and loss of the goods is transferred to the buyer or recipient when they are handed over. The buyer is solely responsible for the proper storage of the goods as soon as the cake has left CakesBerlin´s studio.
We are not liable for defects resulting from incorrect storage or incorrect transport of the products by the buyer or by the delivery company who delivered all of our cake.
It is possible to use our delivery service for an additional charge.
If you want delivery, we ask you to inform us as soon as you place your order. at least one week prior to the delivery date. The additional costs are based on the distance from our studio and the special features of the cake (see above). Delivery takes place on the agreed date and place. Changes to dates must be communicated to us in writing. The buyer will provide the delivery address in writing. This must be complete and include a contact person (i.e recipient) on site. The buyer is liable for errors in the delivery address as well as missing contacts (authorized recipient) on site. The place of delivery must be freely accessible, i.e it must be possible to drive directly to the delivery requested.
Our liability for damages and reimbursement of wasted expenses as a result of defects in delivery or service as well as breach of other non-contractual obligations is limited to intent and gross negligence. This does not apply to injury to life, limb or health or liability under the Product Liability Act. The compensation for breach of essential contractual obligations is otherwise limited to the replacement of such damage that was recognizable to us when the contract was concluded. All limitations of liability apply to the same extent for our vicarious agents and vicarious agents. A change in the burden of proof to the disadvantage of the buyer is not associated with the above regulations. No liability is accepted for damage caused by force majeure.
8. Image rights
The texts, photos, images, graphics, and all brands, patents and utility models made available by us are all protected against unauthorized use by industrial property rights. Use outside of the selection and purchase of goods requires our prior written consent.