1. Allergy Disclosure & Accuracy
I, the customer, hereby disclose the specific food allergies selected in this online form to Cakes Designs 3NL. I affirm that all information provided regarding my health, dietary restrictions, and allergies is 100% complete, accurate, and up to date.
2. Shared Kitchen Environment Notice
I understand and acknowledge that Cakes Designs 3NL operates an artisan kitchen that stores, handles, and processes all 14 major UK statutory allergens (including, but not limited to, nuts, peanuts, cereals containing gluten, milk, eggs, and soya). Despite strict adherence to 5-star food hygiene standards, rigorous sanitisation, and segregated preparation protocols, all baked goods are prepared using shared equipment, utensils, preparation surfaces, and storage facilities.
3. Explicit Risk Awareness (Severe Reactions, Anaphylaxis, and Death)
I acknowledge that despite Cakes Designs 3NL’s best efforts to prevent cross-contamination, there is an inherent, unavoidable risk of trace allergenic substances being present in any baked goods. I fully understand and explicitly acknowledge that exposure to these substances can lead to serious, severe health reactions, including anaphylaxis, which can be life-threatening, cause permanent or long-term illness, or even result in death.
4. Voluntary Assumption of Risk
With full knowledge of the kitchen environment and potential severity of a reaction, I voluntarily accept all risks associated with purchasing and consuming baked goods from Cakes Designs 3NL. I understand that for individuals with highly sensitive or life-threatening allergies, a shared kitchen environment may not be safe, and I choose to proceed with this order at my own risk.
5. Right of Refusal & Order Cancellation
Cakes Designs 3NL will make reasonable commercial efforts to accommodate the disclosed allergies. However, I acknowledge that Cakes Designs 3NL reserves the absolute right to refuse or cancel an order at its sole discretion if it determines that an allergy is too severe to be safely accommodated in a shared kitchen environment. In such cases, a full refund of any deposit paid for that specific order will be issued, and Cakes Designs 3NL will hold no further liability.
6. Limitation of Liability (UK Law Compliance)
To the maximum extent permitted by the laws of England and Wales, Cakes Designs 3NL, its owners, employees, and affiliates shall not be liable for any adverse reactions, illness, injury, or health issues arising from trace cross-contamination of allergens. Nothing in this agreement attempts to exclude or limit liability for death or personal injury caused directly by the proven negligence of Cakes Designs 3NL, or any other liability that cannot be lawfully excluded or limited under the Consumer Rights Act 2015.
7. Customer Indemnification (Third-Party Claims)
I agree not to intentionally serve or distribute these baked goods to anyone with known food allergies or negative food sensitivities without explicitly informing them of the shared kitchen environment and potential cross-contamination risks. I hereby agree to indemnify, defend, and hold harmless Cakes Designs 3NL, its owners, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of third-party consumption of these products, including any allergic reactions or health issues suffered by guests or individuals to whom I provided the baked goods.
8. Product Labelling & Ingredient Transparency
In strict compliance with UK food labelling regulations, Cakes Designs 3NL agrees to provide a clear itemised list of ingredients, with allergens highlighted, accompanying the baked goods upon delivery or collection.
9. Customer Duty to Verify & Medical Self-Reliance
I understand and agree that it remains my ultimate responsibility to inspect the provided allergen labelling and verify the ingredients with Cakes Designs 3NL prior to consumption. I further acknowledge that it is my responsibility to ensure that any necessary emergency medical counter-measures (such as adrenaline auto-injectors/EpiPens) are present and available when the products are being consumed.
10. Exclusion of Warranties
To the fullest extent permitted by law, Cakes Designs 3NL provides its products on an "as-is" basis for allergic individuals and explicitly disclaims all warranties, conditions, or terms, whether express or implied, by statute, common law, or otherwise, regarding the absolute safety or fitness for purpose of the baked goods for individuals with known food allergies.
11. Entire Agreement & Non-Reliance
This agreement, alongside the official order confirmation invoice, constitutes the entire agreement between myself and Cakes Designs 3NL regarding allergen liability. It supersedes all prior discussions, emails, social media messages, verbal assurances, or representations. I acknowledge that I have not relied on any statements or promises made by Cakes Designs 3NL that are not explicitly written into this document.
12. Severability
If any court or competent authority finds that any provision (or part of a provision) of this agreement is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted. The validity, legality, and enforceability of the remaining provisions of this agreement shall not be affected and will remain in full force and effect.
13. Governing Law & Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such matter.
14. Legal Capacity & Digital Execution
I affirm that I am of legal age (18 years or older) and possess the full legal capacity and competence to enter into this legally binding agreement. Because this document is executed in a digital format, I agree that typing my full legal name in the designated [Customer Signature] box and submitting this form constitutes a valid, legally binding digital signature, effective as of the date of submission.
Cakes Designs 3NL