Birthday Cake Order

sbooth1234

Hi All,

I am looking for some advice please.

I ordered a birthday cake for my girlfriend (2 tier) on the 2nd of July for £245 and her birthday is in September.

However, upon getting home and thinking about it i feel that it is on the high side for what i am getting. Also i have yet to see a drawing of the cake as the guy said he will sketch it up in a couple of weeks but needed full payment at the time.

I have been on their website and they say they do not do any refunds.

I know that is a my fault as i got caught up in the moment and did not take enough time to think about it.

Have i got any rights???

Thanks

Scott

bris

No not really, you entered a contract at there premises which I assume you did as you said "after I got home". You can ask but they can hold you to it.


You should have at least seen what you were buying before committing to it.


Greggs do great birthday cakes for £20, what were you thinking.

unholyangel

sbooth1234 wrote: »

Hi All,

I am looking for some advice please.

I ordered a birthday cake for my girlfriend (2 tier) on the 2nd of July for £245 and her birthday is in September.

However, upon getting home and thinking about it i feel that it is on the high side for what i am getting. Also i have yet to see a drawing of the cake as the guy said he will sketch it up in a couple of weeks but needed full payment at the time.

I have been on their website and they say they do not do any refunds.

I know that is a my fault as i got caught up in the moment and did not take enough time to think about it.

Have i got any rights???

Thanks

Scott

The general gist is that you have no automatic right to cancel a contract made face to face at the business premises. However its a bit more complicated than that.

The following is presuming you made the contract face to face at the traders business premises. If not then you might have a statutory cooling off period.

f you haven’t formed a contract with the business for the services you won’t have to pay anything. If you’ve paid up front for the service or made a deposit you’re entitled to get all of it back.

You may have a contract even if there’s nothing in writing, for example if you’ve accepted a quote, paid the fee or a deposit or verbally told them to go ahead with the service.
If you’ve formed a contract with the business and you cancel, you’re unlikely to get all your money back unless there’s a generous cancellation clause written into your contract.

The business could:

charge a cancellation fee
hold some or all of your deposit to compensate for their financial loss (eg where they set aside time to provide the service and can’t book another job for the same period)
demand money if their loss due to your cancellation isn’t covered by any deposit
Check your contract for terms and conditions on cancellations.

You should try negotiating with the business if:

a cancellation charge seems unfair
the business is holding or demanding more money than needed to cover their financial loss
you paid everything up front (always inadvisable) and they’re keeping more than necessary to cover their loss

Taken from: https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged/

But personally, my first step would be to discuss my concerns with the business and see if a workable solution can be found. Perhaps a simpler cake that will be cheaper? I know it might sound like a lot of money but some cakes are worth it for the amount of skill & work that go into them. Other cakes are not.

They really shouldn't be asking for full payment upfront or saying no refunds (there is unfair contract terms legislation against doing both). This page sort of sums it up (its about wedding venues but same principles apply in your case) without being a lengthy read like the guidance:
https://www.gov.uk/government/news/wedding-venues-advised-to-play-fair

paddyrg

bris wrote: »

Greggs do [STRIKE]great[/STRIKE] birthday cakes for £20, what were you thinking.

FTFY ;-)
Everything else though, I agree with

Shaka_Zulu

sbooth1234 wrote: »

Have i got any rights???

You have the right to go and talk nicely to the guy and whatever you do don't mention "your rights"

Hopefully he will help come up with a cheaper alternative.

But equally he has the right to say no.

What I do find surprising is you don't appear to even know what you have bought, but it does sound like there is going to be quite a lot of work going in to it.

[Deleted User]

Shaka_Zulu wrote: »

What I do find surprising is you don't appear to even know what you have bought, but it does sound like there is going to be quite a lot of work going in to it.

It's obviously a bespoke cake which the Op has made specific requests for. I'm sure there will be similar versions on display at the premises and this will be what the order has been based on. So it won't be exactly sight unseen and I expect the forthcoming sketch he mentioned will allow for any required amendments.

Otherwise, I agree the OP should discuss downsizing with the cake maker. I very much doubt they'll be prepared to fully cancel though.

DigForVictory

You could always *try* the "We've broken up, I have no need or wish for the cake, may I pay you £25 for your work to date & please would you refund me the rest?"
Longer you leave it, lower the odds of their cooperation.

lincroft1710

sbooth1234 wrote: »

I ordered a birthday cake for my girlfriend (2 tier)

2 tier girlfriend sounds like a good idea. If you have argument with lower tier, try talking to upper tier.

Blackbeard_of_Perranporth

If I came home with a cake that cost £250, BoPsie would change the locks, as it would be cheaper!