To think a full refund should have been offered

[wowzawoo]

I picked up cake today for DC birthday party - looked gorgeous but it stunk of smoke! The house smelled too but I thought maybe the cake would be okay - but when I checked at home it really smelt strongly.

I messaged the lady and said I thought the cake was wonderful looking but I wouldn't eat it or serve it because of the smell of stale smoke and asked for a refund also said happy to return the cake to her.

She has apologised and said no one smoked around the cake, she said she would refund my money minus the deposit.

Now, I am okay with this because actually I feel sorry for her, clearly she doesn't know how bad her house smells and then in turn the cake. But really I feel she should have offered a full refund.

Aibu to think this? Every time I look at the cake I feel sorry for her and then doubt my thought that she was being unreasonable to, one sell a cake like that and two that she should have offered a full refund.

I am out of pocket because I have lost the deposit and had to go to a supermarket and buy another cake.

Seller sells through FB page and has five stars!

mrskevinclifton The cake maker is on Facebook. If all her customers are local she will get good reviews when people are happy and the ones who are unhappy won’t review and won’t return. Leaving negative reviews on Facebook is very public and I wouldn’t be comfortable with doing so.

Are there people here just looking to disagree with posts, no matter what the OP says? Of course you don't need to stipulate you don't want a food product you are buying to be not smelling of smoke, that's ridiculous! Its basic food hygiene ffs!

I'd report it to your local Environmental health tbh - you shouldn't be making food and selling it from a house full of smoke. That's vile.

I'd also take it back to her so you can prove you haven't used it.

My dm is a heavy smoker and I have indeed had stuff she's baked that tasted of fags. I assume she smokes around it in the kitchen before she's covered it. Unfortunately we've had to bin a few things shes made and given to us because of this. Such a shame as it's a lovely thing she does for us.

I'd ask for the deposit back. If you give her the cake then she can eat it herself. I wouldn't eat a cake that reeked I'd smoke.

Freudian I assume that was a long time ago. Things have changed.

I expect many hygiene rules have changed since 11 yrs ago

It doesn't really matter whether food hygiene rules were broken or not. The simple fact is that a cake should smell and taste of cake, not smoke. She didn't comply with the terms of the contract and should give a full refund.

Absolute nonsense

I'm a cake maker. You can't smoke or have pets in a registered kitchen. That is grim.

Did you take the cake out of its box and smell it?

However, I think YABU and she was right to keep the deposit as it cost her time and money to make the cake. The fact that you didn’t use it doesn’t negate that.

Why is that relevant? Someone who sells something full of salmonella has taken time and money to make it, it doesn't mean they have to be paid anything for it. Equally if you order a fruit cake and they give you a sponge cake, they've used time and money to bake it but you wouldn't have to pay for it.

If you are selling cakes for money your kitchen also needs to be inspected and you need to register as a business.

However, I think YABU and she was right to keep the deposit as it cost her time and money to make the cake. The fact that you didn’t use it doesn’t negate that.

She didn't use it because it smelled of smoke and she couldn't!

Unless it was commercially made, in which case it's reasonable to expect no smoking nearby, you should have stipulated that at the time of ordering.

If she accepted payment for the cake it was commercially made and the cake maker needs insurance and to be registered with environmental health to be legally allowed to sell cakes.

If she’s selling commercially she needs to have food hygiene training and her kitchen inspected.

Sounds like neither of those apply

YANBU.

The deposit exists to cover things like cancellations or disputes about what was requested etc.

If they provide a product that is inedible for hygiene reasons then the customer should receive a refund in full.

I’m just wonder how scale manages to smell of second hand smoke but I suppose it may be possible if the house really stunk.

Of course you shouldn’t have to stipulate the obvious. Anyone with any sense knows that you don’t smoke when baking, particularly not for retail purposes! So unhygienic!

Sounds like neither of those apply

Absolutely. I’d guess 75% of cake makers sellin on Facebook aren’t registered.

I'm surprised she didn't offer a full refund just to avoid bad reviews.

Titty does that come under commercially made? I compare it with taking money for petrol if I give someone a lift doesn't mean I need a taxi licence, but I may be wrong (about selling the cake I mean).

If she’s making it at cost (as petrol money would be) then no. Even 1p of profit and that’s a business that needs registering (public health and HMRC).