Terms & Conditions

1. Price

The price for the all goods and services shall be as stated on your booking form / invoice.  You agree to pay the full price to Frily’s Boutique as stated on the booking form / invoice.

2. DEPOSIT (non-refundable)

All orders require a non-refundable deposit of 10% unless agreed with Frily’s Boutique (please see Note 1 below). 

3. Payment

8 weeks prior to your event the cost of the booking (less the 10% deposit) becomes due.

No changes may be made to the booking after the full payment has been made without agreement from Frily’s Boutique.

If details within a booking have not been finalised 8 weeks before the event date (including but not limited to, cake design, photography requirements, colour schemes) then the full remaining amount is still due.

Note 1: For any last-minute bookings where the event date is less than 8 weeks from time of booking, the entire cost of the cake is due once the invoice has been emailed. 

4. Non-Payments

In the event that any payment is subsequently declined, the booking will not be completed or released until alternative funding arrangements have been agreed and payment is made in full.  Subsequent completion of the booking will be subject to availability and cannot be guaranteed.  Frily’s Boutique accepts no responsibility for any loss however caused or for non-delivery/completion under these circumstances.  The customer will be responsible for the payment of any additional charges which have been incurred as a result of payment failure.

 

If the final payment for the booking has not been received (and cleared) into Frily’s Boutique funds 8 weeks before the wedding date, all monies paid so far are non-refundable, and the order will be cancelled.

5. Cancellations

As your booking is reserved solely for you and certain components for your booking(s) may be ordered months in advance, and due to limited nature of resources meaning only a certain number of bookings can be taken on any given date irrespective of demand, Frily’s Boutique can not accept cancellations. In the event you no longer require Frily’s Boutique’s services the total cost is still payable and no refunds will be issued for monies already paid.

6. Dispute resolution

Please note that Frily’s Boutique will only enter into any dispute resolution with the person or persons who have agreed to the contract and Terms and Conditions, i.e. the couple themselves.

If a refund is agreed it will only be made in the same way (and to the same person) that the payment was made. 

7. SOCIAL MEDIA

Frily’s Boutique regularly updates all social media platforms with our latest work, behind the scenes pictures, close up shots and pictures of your wedding after the day. All posts are done tastefully and positively. By ordering with Frily’s Boutique you agree that Frily’s Boutique can name you by first name terms on social media and include your wedding venue and date unless you explicitly request to opt out.

8. Cake orders

8.1 ALLERGIES AND SPECIAL DIETARY REQUIREMENTS

Nuts – Unfortunately, we cannot guarantee our cakes are nut-free. We use ingredients containing nuts in our kitchen & therefore cannot be 100% sure they are safe for allergy sufferers.

Non gluten-containing ingredient cakes – Some of our cakes can be made with no gluten-containing ingredients on request. Due to food labelling laws we are unable to use the phrase ‘Gluten Free’. However, please be reassured, every step possible is taken to ensure cross contamination does not occur. We bake all our special diet cakes before any other cakes that day but we do handle gluten in our kitchen on a daily basis therefore we do not recommend our gluten avoided cakes for anyone with a high risk allergy.

Dairy – We will happily make any of our cakes dairy free by using Pure sunflower spread in replacement of butter.

Due to new Data Protection Laws enforced in May 2018 if you are ordering any alternative dietary cakes for allergies you will be required to agree within your contract that Frily’s Boutique can hold that sensitive information on the order form.

FRILY’S BOUTIQUE CANNOT ACCEPT RESPONSIBILITY FOR ANY CROSS-CONTAMINATION FOLLOWING DELIVERY.

This may occur if my cakes come into direct contact with food products containing wheat/gluten, eggs, dairy; if they are handled with utensils or placed on surfaces previously used for food containing avoided ingredients without adequate cleaning. 

8.2 Cake Design

All designs must be finalised at least 8 weeks before the event date, unless otherwise agreed with Frily’s Boutique

All our cakes are made to order. You can browse our portfolio or we can design something unique for you. Any cake ordered from a picture or photo of a cake produced elsewhere can only be reproduced by us as our interpretation of the cake and will not be a replica. Please be aware that copyright also protects some designs and, therefore, cannot be copied.

Please note that some computer monitors may show colours differently, and therefore colour matches cannot be guaranteed. We reserve the right to change the design at any point if circumstances beyond our control may compromise the quality of the finished cake. eg. Melting due to weather. Each cake is made individually by hand, so although every effort is made to ensure consistency, a small amount of variation may occur.

8.3 Alterations:

It is your responsibility to read & check the quote thoroughly; any amendments should be made in writing. If requested, we will endeavour to adjust the design where possible, but sometimes this is not possible according to the nature of the request or amount of notice given. If the alteration affects the cost, or preparation work for the original design has already been undertaken, then your balance will be adjusted accordingly. Please warn us when you pay your deposit if you are undecided on the design.

8.4 Fresh Flowers

If a customer would like fresh flowers, rather than sugar flowers on their wedding cake, it is the customer’s responsibility to source the florist/flowers, unless specifically agreed with Frily’s Boutique.

Once Frily’s Boutique has set up the cake at the venue or it has been collected, Frily’s Boutique does not take any responsibility for any damage to the cake from the fresh flowers, or the placement on the cake of the fresh flowers.

It is the customer’s responsibility to ensure that any fresh flowers displayed on or next to the cake do not contain pesticides and are food-safe (non-toxic). Frily’s Boutique can take no responsibility for the flowers being food-safe.

8.5 Collection

If you choose to collect your cake and transport it yourself, Frily’s Boutique are not liable or responsible for the cake once it has left our premises. YOU should ensure your vehicle is clean and tidy before collection and we recommend purchasing non slip matting. We do everything in our power to provide a well- structured cake, but please note, cakes can be very fragile so you must drive carefully and slowly.

8.6 Delivery

All delivery times are subject to availability.  If you have a specific delivery date and require delivery before a given time, please specify this when placing your order. Frily’s Boutique will try to accommodate your requirements.

It is the customer’s responsibility to ensure they have given Frily’s Boutique correct delivery information, and that someone is available to receive their cake. 

If the recipient is not in, or the venue is inaccessible the order will be returned to Frily’s Boutique who will contact you to arrange an alternative delivery time for which an additional charge may be payable. Frily’s Boutique accepts no responsibility for any loss or consequential loss incurred by the customer as a result.

Changes to the delivery address or date are subject to prior agreement with Frily’s Boutique and may incur further delivery charges. Frily’s Boutique can not be held responsible if the order can not be fulfilled due to the date or delivery address being changed and all terms of payment/cancellation would still apply.

8.7 Setting Up

Should you require your cake to be delivered, Frily’s Boutique will deliver and set up your cake as agreed and will want to ensure it is displayed at its best.  It is your responsibility to ensure you have provided Frily’s Boutique with the set-up details and arrangements made with the venue for the location and display of your cake.  Frily’s Boutique cannot be held responsible for the location of the cake at the venue. Please ensure, therefore, that the display location is level, stable and strong enough to hold the cake.

Please also remember that chocolate/buttercream cakes can melt in warm conditions such as inside a marquee on a hot summer’s day, or when set up in direct sunlight.

Once the cake has been collected or delivered and set up, Frily’s Boutique is unable to accept liability for any interference with or damage to the cake thereafter.

A photograph of the cake will be taken prior to departure by Frily’s Boutique to verify that the cake has been set up and left in good condition.

8.8 Non-Edible Items

Most cakes contain small proportions of inedible items, it is the clients responsibility to ensure these are removed by your caterer/guests before consumption eg. Support dowels in tiered cakes, ribbon, wires in sugar flowers. Some flowers

 

8.9 Returns Policy

It is the hope of Frily’s Boutique that your cake fits the description discussed, as well as in contract.  There may be occasion where, upon delivery of the cake, you find that something is not right, or something is missing or damaged.  In any of those circumstances, Frily’s Boutique require immediate notification verbally and in writing (email, text or letter).  You will need to provide photographic evidence as proof. You must retain the cake in its entirety so that it can be inspected when returned to Frily’s Boutique.  If any of the cake has been eaten or disposed of, Frily’s Boutique can accept no liability and no refund or part-refund will be forthcoming. 

8.10 Quality and storage of your cake

Your sponge cake will be baked as close to your delivery/collection day as possible to ensure quality and freshness. Cakes covered with sugar paste should be stored in a cool, dry place, preferably in the box that they are supplied in. They should not be refrigerated. We suggest that sponge cakes should be eaten as close to the delivery/collection date as possible. Frily’s Boutique advises that all food must be consumed within 24 hours of the first serving. Any food consumed after 24 hours or later is at the client’s discretion and becomes their responsibility. Once food has been delivered, the responsibility of consumption lies with the customer and, therefore, indemnifies Frily’s Boutique of all liability for personal use.

9. Photography bookings

9.1 Scope of Photography

The scope of the photography coverage is detailed on the booking form in generic terms to give guidance to all parties and does not constitute an agreement of photos or content to be supplied. Frily’s Boutique will request a list of all required photos, timings for the day and a designated photography coordinator to organise guests for the photographer to be returned no later than 8 weeks prior to the event. Frily’s Boutique will endeavour to supply high quality images of all requested photos, and extra ‘candid’ photos, photos of guests and other impromptu photos to narrate the story of your day. Frily’s Boutique will aim to provide approx 200 photos for full day photography and 75 photos for ceremony and set photo sessions. These photos will be LIGHTLY edited to ensure you have clear centralised photos. Frily’s Boutique will not as standard heavily edit photos with colour enhancing, filters, saturation or lighting levels so as to provide you with images are you can enhance to your preference.

Please note ‘full day photography’ is limited to 7 hours. Additional charges for extra photography time on the wedding day shall be charged at £20 per hour, and shall become payable within 14 days of presentation of an invoice by Frily’s Boutique.

9.2 image Delivery

Unless explicitly agreed on the booking form all images will supplied digitally through the use of an online portal within 2 weeks of the event.

9.3 Copyright

Frily’s Boutique shall retain Copyright in all the material produced by the Photographer.

Frily’s Boutique shall not be liable for any claims whatsoever resulting from alterations made to the material after digital delivery. Frily’s Boutique grants you the right to make unlimited number and format of copies of the purchased photographs supplied in any medium for personal use. Frily’s Boutique grants you the right to edit, crop, digitally alter any purchased images for your own personal use in any medium. You will need to obtain written permission from Frily’s Boutique prior to selling or publishing any of the material for financial gain.

You grant Frily’s Boutique the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless Frily’s Boutique from all claims or liability resulting from or associated with the use of the material.

9.4 Access

It is your responsibility to obtain permission for entry to and photography at all applicable locations and to advise the photographer of any restrictions or policies in place at all applicable locations. Frily’s Boutique cannot be held responsible for lack of performance if you have failed to achieve the necessary access and permissions.

9.5 Non-performance

Whereas Frily’s Boutique will make every effort to supply high quality photos as per 9.1 Scope of photography, there are extensive outside influences that can have an affect on individual shots and as such Frily’s Boutique cannot accept responsibility if any individual required photos are not of a suitable quality and will consider obligations fulfilled if the approximate number of photos is supplied.

Frily’s Boutique accepts no responsibility for lack of performance where required photos, timings and/or a designated photography coordinator has not been provided.

Frily’s Boutique shall not be held responsible for any photographs requested but not provided resulting from the late arrival of the wedding parties or late running of the day or lack of performance by the designated Photography Coordinator. It is also a duty of the photography Coordinator to keep guest photographers from hampering the photographer during the designated official photography sessions.

Additional photographs requested beyond those detailed 8 weeks prior to the event shall be provided where possible, but not guaranteed, and there may be a fee.

9.6 Quality

Frily’s Boutique will determine quality of images through technical aspects including but not limited to sharpness, focus, lack of blur and lighting. Frily’s Boutique can not be held responsible for personal opinion on the content of images.

10. Event Hire and Venue dressing

10.1 Rental period

The rental period is deemed to begin from a time prior to the event at Frily’s Boutique discretion which allows for completion of the set up prior to the event starting up until midnight on the day of the event. It is at Frily’s Boutique’s discretion what time the collection is made.

10.2 Access and set up

Whereas Frily’s Boutique will endeavour to arrange access for the set up and decor prior to the event, ultimately it remains your responsibility to ensure Frily’s Boutique has adequate access to fulfil their obligations for your booking.

It is your responsibility to ensure any access and set up issues at the venue are discussed with Frily’s Boutique prior to the event. This includes but is not limited to special opening times of the venue, any parking restrictions, obstacles (e.g. stairs or narrow lifts) and wifi availability if required for full functionality of rented equipment (e.g selfie pod)

Frily’s Boutique can not be held responsible if your booking or part thereof is unable to be fulfilled due to restriction of access and as such your booking will be considered as fulfilled.

10.3 Damages

It is your responsibility to keep and maintain the rented equipment and decoration during the terms of the rental period and from the end of the rental period until collection by Frily’s Boutique should collection not take place directly at the end of the rental period.

It is your responsibility to make sure the equipment is returned/left in the same condition in which it was delivered by Frily’s Boutique. Frily’s Boutique will take photographs after items have been setup at the venue to ensure quality and standards.

You agree to pay Frily’s Boutique full compensation for replacement and/or repair of any equipment which is not returned because it is lost, stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental. Frily’s Boutique invoice for replacement or repair is conclusive as to the amount you shall pay under this paragraph for repair or replacement. 

Acceptance of returned equipment and decor by Frily’s Boutique does not constitute a waiver of any of the rights Frily’s Boutique has under these terms and conditions.

10.4 Third Parties

You shall not remove the rented equipment or decor from the address which the items were left without prior written approval of Frily’s Boutique, nor shall you pledge or encumber the rented equipment or decor in any way

10.5 Non usage

No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used.

10.6 Warranties

Frily’s Boutique makes no warranty of any kind regarding the rented equipment, except that Frily’s Boutique will leave the equipment setup at the venue in full working order with no damage. Should the equipment fail/break during the rental period you are required to inform Frily’s Boutique at the earliest possible time. Frily’s Boutique is not able to return to the venue to fix any equipment after it has been dropped off except to collect it, ending this rental agreement.

10.7 Alternatives

Frily’s Boutique may at their discretion supply an alternative if an item becomes unavailable for reasons outside of their control and it is not possible to replace exactly.

Frily’s Boutique reserve the right to alter the specification of any of their products between time of booking and your event without the need to communicate such change so long as the purpose and function of the item remains in keeping.

11. FORCE MAJEURE 

Except with respect to payment obligations under this Agreement, no party shall be liable for, nor shall such party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications, power or other utility, labor problem, unavailability of supplies, or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by such party with reasonable care (each, a “Force Majeure Event”).

12. Refunds

If Frily’s Boutique cannot fulfil your booking on the day for any circumstances outside of force majeure all monies paid (including the Reservation Deposit) shall be refunded in full and Frily’s Boutique’s liability shall be limited to this refund only.

If a portion of your booking is unable to be fulfilled for any reason outside of force majeure, then the refund shall be calculated pro-rata based on the package selected and liability shall be limited to this partial refund only.

13. WEBSALES       

13.1 PAYMENT

We must receive payment of the whole of the price for the goods that you order before your                           order can be accepted.  Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address that you provide in your order details.  Our acceptance of your order brings into existence a legally binding contract between us.

13.2 PRICE

The prices payable for goods that you order are as set out in our website and all prices are quoted in pounds sterling. Prices include VAT but exclude delivery costs.You will be required to pay extra for delivery unless otherwise stated.  It might not be possible for us to deliver to some locations.  You will be provided with the total price of the transaction including postage and packing before you complete your purchase.  There are no hidden extra costs.  All our delivery charges are set out on our website.

13.3 RIGHT TO CANCEL

13.3.1 You may cancel your contract with us for the goods that you order at any time up to the end of the 7th working day from the date that you received the ordered goods.  You do not need to give us any reason for cancelling your contract, nor will you have to pay any penalty.

13.3.2 You cannot cancel your contract if the goods that you have ordered are custom made to a specific size or specification. 

13.3.3 To cancel your contract you must notify us in writing.  This should be submitted in written form and posted to us or by e-mail to the following e-mail address: – customerservices@frilysboutique.co.uk

13.3.4 If you have received the goods before you cancel your contract then unless under Clause 13.3.2 you do not have the right to cancel you must send the goods back to our contact address.  If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address as soon as possible. The costs of returning goods will be paid by you.

13.3.5 Once you have notified us that you are cancelling your contract any sum debited to us from your card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition that they were in when delivered to you.  If you do not return the goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

The consumer has a duty of care for the products during the cancellation period in order for a refund to be given.

Please obtain proof of postage when returning items, this can be done in the form of a receipt which will be given to you on request at your local post office. In the event of an item being lost on its way back to us, the proof of postage will be required in order for a refund to be actioned. This postage cost is not reimbursed (unless item is damaged/faulty).

13.4 CANCELLATION BY US

13.4.1 We reserve the right to cancel the contract between us if:

    13.4.1.1    We have insufficient stock to deliver the goods that you have ordered;

    13.4.1.2    We do not deliver to your area; or

    13.4.1.3    One or more of the goods that you ordered was listed at an incorrect price due     to a typographical error or an error in the pricing information received by us from our suppliers

13.4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.  We will not be obliged to offer any additional compensation for disappointment suffered.

13.5 DELIVERY OF GOODS TO YOU

13.5.1 We will deliver the goods ordered by you to the address that you give us for delivery at the time you make your order.

13.5.2 Delivery will be made as soon as possible although any date or period for delivery should be as indicative only. If we cannot dispatch an item to you within the specified time we will notify you and at your request we will cancel the order and refund your money in full.

13.5.3 You will become the owner of the goods that you have ordered when they have been delivered.  Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. Refunds cannot be given if your goods are not passed onto you following delivery at the delivery address that you have provided.

13.5.4 We will not be responsible for delays in the delivery caused by any third party.

13.6. LIABILITY

13.6.1 If the goods that we deliver are not what you ordered or are damaged or defective or the delivery is of incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 3 working days of the delivery of the goods in question.  Our address for contact and returned products is:

        Frilys Boutique

        Unit 9

        Calow Brook Drive

        Hasland

        Chesterfield

        Derbyshire

        S41 0DR

        

13.6.2 If you do not receive goods ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.  If you notify a problem to us under this condition, our only obligation will be, at your option;

         

            13.6.2.1 to make good any shortage or non-delivery;

            13.6.2.2 to replace or repair any goods that are damaged or defective; or

            13.6.2.3 to refund you the amount paid by you for the goods in question

13.6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem that you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under Clause 6.2.3 above.

13.6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights that you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

13.7 NOTICES

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at: –

        Frilys Boutique

        Unit 9

        Calow Brook Drive

        Hasland

        Chesterfield

        Derbyshire

        S41 0DR

And all notices from us to you will be displayed on our website from time to time.

14. PRIVACY

You acknowledge and agree to be bound by the terms of our privacy policy.

15. Interpretation

This Agreement shall be construed, interpreted and governed in accordance with the law and should any provision of this Agreement be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.

16. ENTIRE AGREEMENT

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us.  Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.  Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

  17. Signing

Frily’s Boutique gives power for one Client to sign on behalf of both Clients and by signing both Clients agree to these terms.