That must have been some bachelor party... heh.

Ok, in all seriousness... you are a business and have to run it that way. Sure we can all make exceptions - and if it weren't such a large order, I would make exceptions.

But the fact that this is a wedding cake, and you turned down other orders prompts me to say "sorry - no refund". Since he said he would still eat the cake, I'd make the cake and be done with it. You're fulfilling your end of the contract and he's not REALLY out the money.

If you give him credit, you end up losing money because you are still out the money from turning down other orders for this weekend. I would tell him at this point it's too late to cancel, but that you will be happy to deliver the cake AS ORDERED per the contract.

I am pretty lenient about a lot of things, but I have to run my business as a business, or soon, I will be OUT OF BUSINESS.

What a nasty situation! I agree this guys been dumped. Now he could really be sick, who knows. It could be a cover. But if they were postponing the wedding because of his illness, then I'd imagine she'd be the doting, supportive fiance doing the calling, not the sick groom to be. Sounds like she rethought the whole thing, got cold feet, or ran for some other reason. Sounds like he's a nice guy, so I hate to speculate something bad on his part, but again, who knows. As for what you should do, again it's tough. I see us advise people all the time on here about setting a precedence for what people expect from you as a business. Ex: don't undercharge or you'll label yourself the "cheap cake lady" in town. This is the same thing, if you bend on your contract on this, then say his best friend's cousin schedules a wedding for next year for 7/8/9, the second busiest day ever, and then a week before it all goes sour, what will they expect from you? Are they going to think to give you a sob story and you'll give a partial refund or credit? Of course they are! Are so is everyone else who hears what a nice thing you've done to this poor groom. Then when you stand your ground, you'll be met with resistance on it. A contract is a contract. You've protected yourself well with it. GOOD JOB!

That being said, my heart does break for this poor guy. The idea of him sitting in a rented tux, diving face first into a wedding cake with his groomsmen is kinda depressing. Unfortunately for him, it isn't your problem. Bottom line is that if you offer him anything, refund OR credit, you ARE loosing money. You could have filled their spot with another cake, and if you give him a partial credit for future use, you've still lost the money you could have made with someone else's cake and you'll loose money when he cashes in that credit, as you have to give him a spot for when he uses it then.

Now if all this credit/refund is aimed at the bride since it IS her cc, then the advise is still the same. I think your best option is to contact HER first, get the details of what she wants to do with the cake. Inform him that since she did pay for the cake, you have to consult with her before making any decisions. If you can't get in touch with her, then confirm with the venue that the event was indeed cancelled. If she just got out of a relationship she really didn't want and has paid for a fair amount, she may have a party! If you can't contact her and the venue has been cancelled, then contact him and tell him that you were unable to get in touch with her and that the cake that was agreed upon will be available at _:00 to be picked up. Make sure to pick it up in something suitable for transporting a cake.

I hope I don't seem heartless on this, I assure you I'm really not. But I have let my heart screw me many times, and in business, you have to think with a balance of the heart and the head.

Good luck to you sweetie. I do NOT envy you in this situation. If you do make the cake, post the pics, I'm sure it'll be wonderful. And like a PP said, it'll be a great addition to your portfolio.

P.S. Sorry to go so long on this...

Okay, I have a question....am I understanding that the bride paid in full with her credit card? If you have a contract, I understand that no refund is due but if you want to apply the laws of the contract, mustn't you follow the same contract? Meaning, if you don't make the cake as contracted, can't she go back to her credit card company?

I am just thinking that contract or not, if you accepted the money in full, unless a new contract is written up and signed with the changes, don't you have to fulfill your end of it? You can't just keep the money and not do the cake, right? No snarkiness intended, btw. I just re-read and was wondering.

I've read all the responses, and Yeah you had a contract, and yes you are a business. Here's the question to you though. If it wasn't ICES? If the money already wasn't spent? Can you look at yourself in the hotel room at ICES? OR. Is this a time to have a heart, and teach your kids a lesson also? I just believe you can be a business person, and have a heart at the same time.

Now everyone can lambaste away.

it depends
I think cakes fall in the special order category

anything that is custom made for the particular person usually has different rules than an 'off the shelf' item.

But I really don't know.

This is why we do not accept credit cards in our business.

Man what a mess
let us know what you find out.

Now, that would SUCK! You have a contract...supposedly a paid tab....date booked....no other possibility of filling the slot at this time...monies "spent"...event cancelled...issue credit for X amount of dollars toward future cakes....


and she files a grievance with the CC company for the return of the funds ...


OMFG....

you are now, out of funds and then some...'cause you had a good heart...now you gotta fulfill a credit you issued to a guy who didn't pay for the original order in the first place...


Suggest he contact his buddies for a "venting"....back away and keep an eye on your account!!!!

Also - as sad as it is for this guy - isn't it better than a divorce 2 years from now with 2 little kids clinging to him?

That's pretty unfair to label someone "heartless" if they abide by the contract that both parties sign.

I'm certainly not heartless, but I couldn't look at myself if my children lost their home because I ran my business like a charity.

I know it 's hard but it would be so nice if maybe you can give him some sort of credit? I hope everything works out for the best for everyone involved. best of luck.

Not taking it as an attack. I don't think she is heartless either. I just think to many times in this day, and age we forget sometimes there is another person on the other side. If the guy was being a butt head then that would change my plan all together. I like the line in a different thread. "he hasn't crossed the a$$hole line" Now if that happens . It's just a bad set of circumstances all the way around. I just think it needs to be worked out so both people are happy.

Mike

So I used to work for the cc company in question. And, no she couldn't just call the company and get it taken off because she cancelled. There is a contract. If that were the case, then you would have an insane amount of disputes from cardholders over missed airline flights, etc... Now, the thing is, if SHE didn't cancel with you personally(since it is her card) and the cake is not made, then she might have a case for dispute.For goods not delivered. Also, as far as all of that is concerned, if the fiance isn't a cardholder AMEX will COMPLETELY disregard anything he says about it. So, if staying safe with the cc is the question, you can't really do anything BUT make the cake unless you hear otherwise from the cardholder herself.

HOLD ON! BACK THIS TRAIN UP

if your contract is with the bride and you haven't heard from her then technically you don't have a cancelation on your hands b/c she hasn't canceled.

you really need to talk to that bride

You need to talk with the one who paid the bill and not him. Unfortunately they signed the contract that clearly states that they may not cancel this close to the event date. It is not your fault that the wedding was canceled. If you already have it all ordered up you can save it for another cake. I wouldn't refund anything at this point either. You passed up many other offers for this date and you should stick by your contract. I would try very hard to talk with the bride before Saturday and stick to your guns.

It's not being heartless.. it's business. You can't have a bleeding heart in this world.

What a situation! I feel for you but I'm sure you will do what is best. You've gotten a lot of god advise so far.

About charging the credit card without receipt of goods - what about hotels that charge upfront? I know they are providing more of a service...aren't cake decorators? I'm just thinking out loud...

As far as working things out that so that everyone is happy...I agree, that this is still her business. If she played sympathetic heart to every situation, why be in business at all? I think the idea of a credit/offering a few cakes in the future is the best idea - but then you have the situation of the groom not being the one who paid. She would essentially be giving him money he did not pay in the first place. And it really wouldn't make any sense if the couple indeed split up.

If the OP started on this cake already and wants to go ahead and make it, I think that is being more than kind. Again, this is all based on him telling the entire truth. I think the first thing I would do is try to contact the un-bride.

Sorry this has happen but you had a contract. Wedding gets canceled a few days before set date.

First it does not matter why it was canceled - if they re-schedule fine and if you have an open slot.

If you want to give a refund/credit so you wont feel guilty that is your choice. I would not give a full refund/credit it was canceled less then a week before said date. You have prepare and get this order ready for the customer it was not just whip up a cake in 24 hours.

did the florist, restrauant, photographer, hotel, DJ, etc give the bride or groom back any money. most likely not. Not to mention the bridesmaid are stuck with a dress that may never get used - who is giving them the money. They are running a business and the date and time was booked for them. They may be able to re-schedule with them but mostly likely not get the date they want.

I had a friend cancel a wedding a month before hand - she lost you her money. She was able to get a small credit (20%) because one the vendors (I believe a DJ) was able to fill in a partial of the slot she booked but she still lost money for him.

So if you want to give a small credit then you need to give back to the person who paid for the service.

Have you heard from the bride. As mention keep an eye on credit card account to make money was not deducted back to them. You may also want to contact them and let them know that they paid for product and you have a sign contract and they are not entitled to a refund. The credit card company may want to see your contract and maybe they can deny ahead of time because of said contract she signed.

good luck with whatever decision you make.

If you have a contract with a cancelation policy clearly stated, and they signed it, then no, you don't have to make a cake OR refund the money. They signed it, and whatever your policy is-- is what should happen. She *could* go to Amex and dispute the charge, there is that...but you'd hope it could be resolved without her feeling the need to do that.

I'd be brief with the groom and just state that the cancelation needs to be discussed with the cardholder right away, and not by email. If the wedding is this weekend, I'd call the bride, the venue, and possibly another vendor, and verify that the wedding indeed has been canceled, and go from there.

It's always hard where to draw the line in a case like this, and we all hope we don't get put in this situation, but there are a lot of details here that the OP will probably never know. As a business, you need to stick to your policies, but as someone who provides personal one-on-one service, you can't help wanting to work with them and not have them be out a huge amount of $.

Everyone's different, but my personal policy in this: I'd retain any money I'd spent on cake supplies for their cake (like the pearls you ordered), pay myself for all time spent, keep their original deposit amount, and refund the rest, especially if it was a lot of $, but that's just me, and I'm pretty flexible. If I'd also turned down a lot of other work for that date, I'd want to inflict a cancelation fee too, but that's not in my contract, and it'd be too late to do that if it's not in the contract they signed...so really, whatever your policy is (that they signed), you'll have to start there and deal with whoever paid the bill.

Good luck--I'll support you no matter how it turns out!

Typically, on my contracts, I meet with both bride and groom - and both names are on the contract. If both names are on the contract, either party has the right to cancel, regardless of who wrote the check or used their credit card.

Okay, I haven't finished reading all the posts here, but these two made me pause, so I'll address them now.

I agree that there's a contract in place and this is business, but first and foremost, before being a baker and him a groom and whatever anybody else is or does for a living, etc., we're all human beings and deserve to be treated fairly. Whether or not he's really in the hospital, he's obviously feeling miserable. I can understand why iamliss is feeling badly about this whole situation - she's got a heart and obviously cares about her clients (and other people, in general). She wants to do the right thing for him as a person as well as for her business (and pleasure, too -wish I could go to ICES also! )).

Regardless of whose credit card was used it doesn't mean that that person actually pays the bills. But with all the evidence that's been gathered so far, it sounds as if she walked out on him and doesn't care what happens with anything (with the possible exception of getting her money back fromt the florist - maybe that's all she really paid for).

Oh, and just since it was mentioned, regarding the ring, that's actually another contract. Legally, if an engagement takes place where a ring was given, and no marriage occurs, the giver of the ring is entitled to get it back as the contract of marriage has not taken place and said contract is broken. The offer and good faith is the popping of the question and the ring, and the acceptance is the 'yes' and taking of the ring. If the marriage does not occur the contract is broken and the ring goes back. (learned that many years ago in a Business Law class, also DH is an attorney).

My own personal opinion on this subject, if you can stand one more, I like the idea from Merry1227, maybe he wouldn't mind a donation to a charity made in his name. You can run that idea by him. Or else keep his 'tab' for a credit. Let him get birthday and other celebratory cakes until his credit runs dry. I wouldn't limit it to a year as another poster suggested as he'd sure to only have one birthday a year! Who knows, maybe he or a family member will have reason for a big celebration and will need a cake and it won't take as long as you think for his credit to run its course. Just MHO.

Melissa, a contract is a contract. You should not be the one to suffer for their personal problems, you are running a business. if your contract says no refund, then still give them the cake, just dont make it tiered or whatever. You already turned down other weddings because of this, I hope they know that. It sounds like the bride ditched him or something. So she's probably outta the picture now . as far as who paid the money, let the bride and groom work that part out between themselves.

[quote="Sugar_Plum_Fairy"]Okay, I haven't finished reading all the posts here, but these two made me pause, so I'll address them now.

I agree that there's a contract in place and this is business, but first and foremost, before being a baker and him a groom and whatever anybody else is or does for a living, etc., we're all human beings and deserve to be treated fairly. Whether or not he's really in the hospital, he's obviously feeling miserable. I can understand why iamliss is feeling badly about this whole situation - she's got a heart and obviously cares about her clients (and other people, in general). She wants to do the right thing for him as a person as well as for her business (and pleasure, too -wish I could go to ICES also! )).

quote]


So, we should be unfair to ourselves so that we can be fair to the customer who's wedding is cancelled 1 week befor ethe date, after we've bought supplies? I have a heart too, but she said she turned down other orders for the weekend. It isn't fair either way, but I see no reason to give all monies except what was spent back to "be fair" to him, and jip ourselves, when the contract clearly states that no refunds are given within 30 days of the date. I feel bad for the guy, really I do, and I do have a heart, but the contract is there for a reason. Obviously, the guy understands that....that's why he said he'd take the cake since no refund can be given, but what if the situation were the other way around? What if they called very upset, demanding a refund because the wedding had been cancelled? All the replies to that post would be exactly opposite. They would be dsaying "you have a contract, no refunds within 30 day, stick with it"! I just don't see how this is different. A contract is a contract! Give him to cake, or keep all the money like the contract states!

All of us getting irate is not going to help the OP here...

Basically:

1. If you have a contract, you and the couple (or cardholder) will need to start there for what will or will not be refunded or credited, cash OR cake.
2. Credit or refund of cash, if any, has to go back to the original card (whoever's card it is).
3. Whatever else you want to work out with them, above or beyond your contract policy, is really up to you.

Oh my gosh guys LOL! WOW! I have responded to post before but never ONCE started one I went to work decorating cakes that just got delivered this morning check back and we are to page 6 LOL!

Ok, wow...so much great advice. For the credit card, I am NOT drawing attention to it, I had friend who bakes, the couple split up and 2 days before the wedding-and before the contract could go into action they disputed the payment. SO, I am not going to mention it, and I have a history of sorts with this couple. Several meetings, emails, and a cake when HER parents came in town last month to meet his family. So, I really like him (he is the one i always dealt with )and her, so my interest is not that I stick it to them but, in referencing the AMEX I have aunts and uncles pay for cakes, mom's & dad's grandma's and sisters pay for cakes nowadays, I am not in contract with them, just the person signing the contract, and because we do have a type of cake deliberating history, over time they added to the cake and change things and made it bigger overall, i charged HIS card for a couple hundred dollars in additions. SO I guess they are both on the line.

As for the church and venue, etc, I am SERIOUS you guys they have to be out $75,000 I mean they had the best EVERYTHING chosen, it HAS to have cost them a fortune.

In MY email to him (between his emails to me!)...I will post that (SORRY FORGOT TO POST EARLIER!) I told him I would be willing to reschedule the date, i was kinda pissed at myself for offering it, as it would be a loss for another date...but I did offer. That is why he said the stuff about not being sure it being rescheduled.

My thoughts now are to just say I will be there with the cake, so that as a liablility to me and the business, I fulfilled my obligation. I just hate to think of this handsome guy sitting there with 4 tiers of luscious White Chocolate Cake with Raspberry filling and a fork. THAT is what makes me feel bad, because you guys he is a great, nice guy!

Whah...I guess I better get over it. I am awaiting a call back from the florist, I may just try to call her again right now, last I heard their flowers were in...I wonder what he'll do with those? He needs to have a party-but trust me this poor guy is depressed!