The “Seller” is defined as Top Cakes and Tutus. The “Buyer” means the person (legal or natural) who buys the goods. “Goods” is defined as the items to be supplied by the Seller to the Buyer as listed in this invoice. “Top Cakes and Tutus” is a tradename for Chambers Completions Limited.
2 ACCEPTANCE OF TERMS
2.1 Your access to and use of topcakesandtutus.co.uk ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
2.2 By using the Website, you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2.3 By ordering from Top Cakes and Tutus you agree to be legally bound by these Terms and Conditions (“Conditions).
The contents of the Website and information discussed during consultation do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4 CHANGES TO WEBSITE
Top Cakes and Tutus reserves the right to:
4.1 Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Top Cakes and Tutus shall not be liable to you for any such change or removal; and
4.2 Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Top Cakes and Tutus or otherwise used by Top Cakes and Tutus as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7 DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Top Cakes and Tutus will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Top Cakes and Tutus makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Your name for death or personal injury as a result of the negligence of Top Cakes and Tutus or that of its employees or agents.
8 ACCEPTANCE OF ORDERS
8.1 All telephone orders will be acknowledged verbally at the time of order, and all orders placed on our website will be acknowledged electronically by email. Please note that verbal and/or electronic acknowledgements do not constitute order confirmation or order acceptance. Your order will be accepted and the creation of a legally binding contract between you and us will take place once the goods have been dispatched or collected. (Alternatively, we may decline all or part of your order for any reason, in which case we will inform you in person, or by telephone or email.)
8.2 The total price payable will be stipulated at the time when you place your order, whether or not the order has been acknowledged. We are entitled to make adjustments to the price to take account of any increase in our suppliers’ prices, or the imposition of any taxes or duties, or (if due to an error or omission) the price published for the goods is wrong, whether or not the order has been acknowledged. We will inform you of the correct price and give you the opportunity to cancel the order.
8.3 Although we endeavor to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be incorrectly priced. If we discover a pricing error we will, at our discretion, either (a) contact you and ask you whether you wish to cancel your order or continue with the order at the correct price, or (b) notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.
8.4 Once your order is placed we will send confirmation by email to the email address provided at checkout. We will issue a receipt immediately and this will be delivered to you with your order. A digital copy can be requested by contacting us and quoting your order number.
9 PAYMENT AND DEPOSIT
9.1 By making a payment the Buyer is accepting the Terms and Conditions as detailed on this page.
9.2 We require a 50% non-refundable deposit to confirm a made to order special dresses and hold the date. The remaining 50% is due 4 weeks before the delivery date, at which point all changes must be confirmed (changes to the previously agreed design may incur extra fees).
9.3 Dress orders placed on our website must be paid in full prior to shipping.
9.4 We require a 50% non-refundable deposit to confirm a cake order and hold the date. The remaining 50% is due 1 week before the delivery date, at which point all changes must be confirmed (changes to the previously agreed design may incur extra fees).
9.5 Cake orders placed less than 1 week in advance of the delivery date must be paid in full.
9.6 Payment can be made earlier if you wish. Failure to complete payment before the required date may result in your order being cancelled.
10 REFUNDS AND CANCELLATIONS
10.1 Deposits are non-refundable and non-transferable under any circumstances due to any loss of business arising from turning away other bookings on that date.
10.2 Dresses that have been made to order and/or received alterations at the request of the Buyer are non-refundable.
10.3 Cake orders paid in full and cancelled with more than 1 weeks’ notice will receive a partial refund of 50% of the total amount paid. We cannot refund the cost of any cake orders cancelled with less than 1 week’s notice.
10.4 Dress orders paid in full and cancelled with more than 4 weeks’ notice will receive a partial refund of 50% of the total amount paid. We cannot refund the cost of any dress orders cancelled with less than 4 week’s notice.
10.5 In the very unlikely event that we have to cancel your order for any reason, then we will give you as much notice as possible, and discuss the matter with you and try to agree a suitable alternative. If you do not wish to accept our suggested alternative, then we will refund the full price to you.
11 PRODUCT INFORMATION
The images on the website are examples of our cakes and dresses. All our products are hand made and can be ordered in different sizes from those shown on the website, your order may have variations from the website image.
Consultations are by appointment only and are not applicable to all orders. An appointment for a consultation and tasting must be agreed on with Danielle Chambers by email and a non-refundable consultation fee must be paid prior to consultation date before it can be confirmed. All appointments for consultations will be confirmed in writing by Top Cakes and Tutus.
13 PRICE QUOTATIONS
All price quotations, written or verbal, are valid for 30 days from the date of quotation.
If you have any queries or need to make any changes to an order please contact us immediately. Alterations and amendments must be submitted in writing. We will assess the request for an alteration, and endeavor to make alteration where possible dependent on the design and amount of notice given. We will let you know its effect on the price and any agreed timetable. Accepting any alterations is at the discretion of the Seller. Alterations requested less than 4 weeks before completion may be subject to a surcharge. It is the Buyer’s responsibility to check any quotes and invoices thoroughly before making payment. We reserve the right to change the design at any point if circumstances beyond our control compromise the quality of the finished product. e.g. weather conditions. The Buyer will be notified of any such changes and we will endeavor to keep any changes minimal.
15.1 In the unlikely event that your order arrives damaged, it is the customer’s responsibility to report the damage to us within 48 hours and send photographic evidence of the damage within 7 working days if you wish to claim a refund or replacement.
15.2 The Seller will not take back any undamaged goods from the Buyer unless agreed in writing by the Seller. The Seller accepts no liability for cakes that are damaged after they have been delivered to the agreed location.
15.3 For cakes delivered to venues, the Seller requires a signed delivery note by the person in charge to say that the cake has arrived and that it arrived in perfect condition.
15.4 Cakes collected from Top Cakes and Tutus (7 Waldorf Heights, Camberley, Surrey, GU17 9JQ) requires a signed delivery note by the person in charge to say that the cake has arrived and that it arrived in perfect condition. Damages after this point are not Top Cakes and Tutus responsibility.
15.5 All cakes supplied are fragile and require care and attention when handling, storing, and displaying. Please pay careful attention to our storage and transportation instructions that will be provided with the cake.
15.6 Where samples of the Goods are shown to the Buyer, the Buyer hereby accepts that they consider such samples to be representative of the Goods. Any image provided as part of the description of similar goods is given for illustrative purposes only. Given the nature of the goods, minor variations of colour and design may apply.
16 ALLERGIES AND SPECIAL DIETARY REQUIREMENTS
Please discuss any allergies or special dietary requirements with us before making payment. We offer various dietary options; however, our products are not suitable for those with allergies as our kitchen handles wheat and nuts.
17 DELIVERY AND COLLECTION
17.1 We cannot be held liable for any damages to the cake or products we have delivered once we have delivered or delivered and set up the cake at the venue or delivery location and received a signature for the safe receipt of the goods on our delivery note (we will deliver with a delivery note).
17.2 If the cake or products are collected from us, we cannot be held liable for any damages to the cake or products once they have left our premises. The collection vehicle should have a flat surface and be clean and tidy. This is the responsibility of the Buyer. The cake or products can be very fragile so we advise to drive very slowly and carefully and purchase non-slip matting. We will always endeavour to deliver within the given time slot, however unfortunately delivery timings can not be guaranteed.
17.3 Refunds will not be given for delayed deliveries. If in the unlikely event the delivery is delayed, we will always endeavour to deliver the cake to you as close as possible to the given delivery time.
18 AFTER DELIVERY
Goods placed outside are liable to react to the temperature. In hot or humid weather there is the possibility of sugar decorations melting or damage to Goods. Please note, we do not provide cake tables, tablecloths or cutting knives. It is the responsibility of the Buyer to provide these or check with the venue to ensure these items are provided.
19 NON-EDIBLE INGREDIENTS AND DECORATIONS
Our Goods may contain non-edible ingredients or decorations, such as plastic dowels in tiered cakes or wires in some sugar flowers. These will be detailed on the Delivery Note and must be removed before serving or eating.
If you wish to make a complaint to us or let us know any concerns after receiving the Goods, please do so in writing. Evidence of any faults, damages or discrepancies should be included. Any refunds will be given entirely at our discretion.
You agree to indemnify and hold Top Cakes and Tutus and its employees and gents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against our name arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
23 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Registered Limited Company: Chambers Completions Limited
Company Registration Number: SC450571
VAT Registration Number: 164989646
Registered Address: 6 Albert Street, Aberdeen, Scotland, AB25 1XQ