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Bride gave me a wrong date - Page 2

post #16 of 38
It might just be word choice but I don't think the OP is "culpable" for not having a contract or for not confirming the date a week out. She is not required to have a written contract nor do I see see the absolute necessity of confirming a date that has been given to her twice, in writing. Also, I don't think it's her fault for not having the cake 90% done the day before its due. Many professionals do this primarily because they have multiple cakes due on Saturdays, and to avoid day of mistakes on the baker's side, but i don't fault the baker for not conforming to this practice, particularly if she just does one cake at a time.

That said, all of these three things are good business practice and will save the OP stress and help mitigate any future issues. But in the present case would not change, what is IMO, the fact that the OP is not required to refund the bride.
post #17 of 38
Quote:
Originally Posted by AZCouture View Post

I would apologize from the point of being sympathetic. And I would then ask where she would like the cake delivered tomorrow, at a time convenient for her. And no, there is no refund due.

 

I COMPLETELY agree with this, it may sound harsh but it isnt and covers your butt. Say you don't deliver it the day they ACTUALLY gave you in the emails, YOU now have not fulfilled the contract and must refund. I would tell her in under no uncertain terms that her cake is awaiting.

"Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep."

 

Scott Adams

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"Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep."

 

Scott Adams

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post #18 of 38
I would have thought any bride having a Friday wedding would be paranoid that somebody would make the mistake of assuming their wedding was on a Saturday and confirm the actual day with each vendor at least once.

How far into the day was it that they tried to call you?Did they try to call at a time when it was possible you could have still gotten the cake to them?

Ultimately the client is responsible for giving you the correct date. If you can possibly disassemble the cake and freeze it to use for something else then you could offer a full refund but if it's past that point you have to just suck it up and let them know there's nothing you can do but deliver the cake as per the contract.
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post #19 of 38
Any event that's not a Saturday gets special attention from me. I flag those on a physical calendar that I pass by at least 10 times a day, and I set pop up reminders a couple of days, and a day before the work is set to begin.
*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
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*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
Birthday Cakes
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Birthday Cakes
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post #20 of 38
Thread Starter 

thanks for your response & I appreciate all comments.  I sent copy of the emails with the date confirmation of "sept 28 which is suppose to be today to the bride.  She kept changing her mind about the design so we were in constant contact this week.  They didn't call me until the reception was almost over. They said they were calling me but I didn't get any call on my cell. I was running out & about doing errands. and yes all 4 naked cakes were at the fridge ready to be decorated suppose to be early this morning. 

I finally got hold of the bride but it looks like she's more worried about her mother in law getting mad at her than not having a cake last night because she paid for the cake. I decided to give her a partial refund.  I don't think all the problem was at my end and I did mention to her that I didn't appreciate her mother in law talking nasty to me and that she owes me an apology. The whole time I talked to the MIL yesterday, I was very apologetic since I didnt want to make the situation worst that it was. I really feel awful about the whole thing....

post #21 of 38

Technically, the e-mail would be considered 'contract' in court, I think, but I am certainly no lawyer! That was just advise I was given years ago, but I would certainly start using a proper contract after today. It doesn't just protect the bride, but it protects you form things like being yelled at by a MIL.

 

I agree completely with AZ, I would definitely be sympathetic, but no refund. It was very nice of you to offer one, and since you did, I hope you didn't finish and deliver the cake!

 

I was given the wrong date once, signed a contract, I confirmed the date/time of delivery the beginning of the week. Then got a call the day before asking where I was.

I was lucky that I had covered everything, and keep flowers on hand. They didn't get the original design, but they got a cake, and only because they called right away.

All that to say, even with a contract and confirmation, they still got it wrong! Sometimes things just are out of your control.

post #22 of 38
Scrumdiddly, as someone who has been married for almost 12 years trust me when I say that there is no contract that stops you from being yelled at by a MIL!
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post #23 of 38
Quote:
Originally Posted by kikiandkyle View Post

Scrumdiddly, as someone who has been married for almost 12 years trust me when I say that there is no contract that stops you from being yelled at by a MIL!

Ain't that the truth!

A compromise is the art of dividing a cake in such a way that everyone believes he has the biggest piece.

 

http://www.facebook.com/pages/Well-Dressed-Cakes-by-Brett/200852383318927

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A compromise is the art of dividing a cake in such a way that everyone believes he has the biggest piece.

 

http://www.facebook.com/pages/Well-Dressed-Cakes-by-Brett/200852383318927

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post #24 of 38
An email may be considered as a binding contract if both parties agree and both give consideration, such as a promise to provide goods/services or a promise to pay a certain amount. However, emails are very easy to fake (for example, the customer could print out an edited version of the email with the correct date or fabricate a followup email with modified headers indicating the error), one party could claim that someone else read the email and replied with consent (in the absence of a digital signature), etc.

Relevant case:
http://www.jdsupra.com/post/documentViewer.aspx?fid=b3f00118-0370-46fb-abcd-fac4c02df74c
post #25 of 38

Wow. I'm glad that the bride has changed her tune a little bit. 

 

As far as what professionals do (from your original post):

1. Have a contract

2. All details MUST be finalized 2 weeks (or whatever) prior. No changes from that point on. 

3. An invoice with date, time and location

4. A "last hurrah" email confirming everything on Monday or Tues, including setup instructions and delivery location/date/time

5. Often a venue contact- asking the venue for any special instructions and alerting them of when you will arrive

 

All of these are done to make darn sure the cake is being delivered at the right time, to the right place and on the right date. 

 

It sounds like this bride was loopy to not remember her own wedding date and truly any refund is goodwill on your part. 

 

That said, the cake in question should still be delivered if you are only issuing a partial refund. Or something signed to make sure they waived their right to the cake. That MIL sounds like she may come back at you for cake because "SOMEONE'S going to pay for this," and not delivering a product even when it is only partially paid for could be an issue. 

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post #26 of 38

It wasn't your fault, but when confirming a date, always include the day of the week. This has saved me a few catastrophes. 

 

 

post #27 of 38

The whole time I talked to the MIL yesterday, I was very apologetic since I didnt want to make the situation worst that it was. I really feel awful about the whole thing....

 

Why did you apologize for something that was not your fault?  To apologize is to admit you did something wrong, and you did not make an error with the date.  You made an error in not having a contract, but now you have learned.  That's good.

 

As for the MIL, she's not nice.

 

I would love to say I would not have given any refund of any kind, but I probably would have done similar....sometimes it's best to be kind.  I hope you did not lose too much money.  That's what it would be about for me, the loss of income that resulted by giving a refund.  A large bakery would not have offered a refund of any kind.

 

So try not to think about it too much longer.  It's a learning experience.

 

  

post #28 of 38

My honest opinion is that The OP got caught between an issue going on between the bride and the MIL. Something isn't lining up. just my thoughts

"Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep."

 

Scott Adams

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"Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep."

 

Scott Adams

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post #29 of 38

Hi, you shouldn't feel bad she should know the date of her wedding!

post #30 of 38

 

cul·pa·ble
ˈkəlpəbəl/
adjective
 
  1. 1.
    deserving blame.
     
    "sometimes you're just as culpable when you watch something as when you actually participate"
    synonyms: to blame, guilty, at fault, in the wrong, answerableaccountable,responsibleblameworthy, censurabl

 

Quote:

Originally Posted by VanillaSky View Post

It might just be word choice but I don't think the OP is "culpable" for not having a contract or for not confirming the date a week out. She is not required to have a written contract nor do I see see the absolute necessity of confirming a date that has been given to her twice, in writing. Also, I don't think it's her fault for not having the cake 90% done the day before its due. Many professionals do this primarily because they have multiple cakes due on Saturdays, and to avoid day of mistakes on the baker's side, but i don't fault the baker for not conforming to this practice, particularly if she just does one cake at a time.

That said, all of these three things are good business practice and will save the OP stress and help mitigate any future issues. But in the present case would not change, what is IMO, the fact that the OP is not required to refund the bride.

 

I'm not saying this is her fault.  I am saying that anyone trying to find fault would point to not having a contract (which confirms date) and confirming the date early in the week.  But for the fact she didn't, this would not have happened.  I do it not only to avoid my own mistakes but also those made by the client.  Perhaps it's because I have done so many cakes, I know clients often mistake dates.  ALWAYS confirm day & date.

Quote:
Originally Posted by kikiandkyle View Post

I would have thought any bride having a Friday wedding would be paranoid that somebody would make the mistake of assuming their wedding was on a Saturday and confirm the actual day with each vendor at least once.

Ultimately the client is responsible for giving you the correct date. If you can possibly disassemble the cake and freeze it to use for something else then you could offer a full refund but if it's past that point you have to just suck it up and let them know there's nothing you can do but deliver the cake as per the contract.

 

 

Quote:
Originally Posted by authenticakes View Post
 

I did mention to her that I didn't appreciate her mother in law talking nasty to me and that she owes me an apology

ABSOLUTELY!  Without doubt.  And, so does the bride.

 

Quote:
Originally Posted by howsweet View Post
 

It wasn't your fault, but when confirming a date, always include the day of the week. This has saved me a few catastrophes. 

 

 

Just one more note on the culpability issue.  Committing to a wedding cake is a huge responsibility.  If you accept it, the least you can do is act professionally.  Seriously!  (This note is not directed toward the OP.  I seriously don't think this is your fault.  It's really more directed to VanilliaSky.

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

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www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

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