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TERMS & CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

 

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Cake to the Occasion, with email address caketotheoccasion@gmail.com; (the Supplier or us or we).

  2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

  3. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner during a transaction, we will notify you that material changes have been made to the Terms.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;

  3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

  5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

  6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

  8. Website means our website and cake decorating portfolio, on which the Goods are advertised.

Goods

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small differences in design due to the bespoke nature of our Goods.

  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

  3. All Goods which appear on the Website are subject to availability.

  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

  5. We only use high quality ingredients.

  6. You are responsible of letting us know of any allergies known to you.

  7. Directions for storage of the Goods will be communicated on delivery.

    1. In general, when sugar paste products are supplied, these should not be stored in the fridge and should be stored in a cool dry place instead.​​

Personal information

  1. We will only retain your contact information for the duration of the transaction.

  2. Any temporary retain of information is strictly subject to the Privacy Policy.

 

Basis of Sale

  1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

  2. Initial enquiries are to be sent via email or direct message via the website, Facebook or Instagram.

  3. Orders will have to be placed via email (caketotheoccasion@gmail.com).

  4. Orders are confirmed only when deposit payment has been received, as set out in the Price and Payment section.

  5. For high quantity orders a period of two months notice will be required.

  6. A high quantity order is an order of twenty small items or more, or two or more cakes.

  7. Once that the full payment has been received, we will be in touch to confirm the details of the delivery or collection point.

  8. Once the Goods have been received, as they are perishable, Cake to the Occasion cannot be held liable for any damage or incorrect handling. Instructions on correct handling will be provided on delivery along with the Goods.

  9. For Goods that are sent by post, we will aim to get them to you by the agreed delivery date, however these dates are estimated and we cannot be held liable for any delays or issues with the courier.

  10. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

 

Price and Payment

  1. The price of the Goods will be quoted during the enquiry process.

  2. Once the initial agreement has been made, an invoice will be sent with the final amount.

  3. When an order is made, 50% non-refundable deposit is required.

  4. If an order is made less than a month before the required delivery date, the full amount will be required.

  5. The final payment must be made at least two weeks before the delivery date or on the date specified on the invoice, whichever comes first.

  6. Payments can be made by bank transfer or PayPal. The details will be provided in the invoice.​

  7. If a payment is not made within the specified deadline, Cake to the Occasion reserves the right to cancel the transaction unilaterally, with consequent forfeiture of the deposit.

 

Delivery

  1. Delivery or collection will be agreed during the order process.

  2. Delivery or collection will contact free.

  3. For Goods that are sent by post, we will aim to get them to you by the agreed delivery date, however these dates are estimated and we cannot be held liable for any delays or issues with the courier.

  4. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

 

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

  2. You do not own the Goods until we have received payment in full and the Goods have been delivered to you.

Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

  2. This is a distance contract (as defined below), Statutory Cancellation Rights apply.

  3. Because of the bespoke nature of the Goods, Cancellation Rights for a Contract cease to be available in the following circumstances:

    1. Within two weeks of the delivery date.

    2. When the bespoke product has been already made.

  4. When cancelling, the non-refundable deposit will be forfeited.

Privacy
  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  2. For the purposes of these Terms and Conditions:

    1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

    2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

    3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

  3. We are a Data Controller of the Personal Data we Process in providing Goods to you.

  4. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    2. we will only Process Personal Data for the purposes identified;

    3. we will respect your rights in relation to your Personal Data; and

    4. we will implement technical and organisational measures to ensure your Personal Data is secure.

  5. For any enquiries or complaints regarding data privacy, you can e-mail: caketotheoccasion@gmail.com.

Excluding liability
  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints
  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

  3. We try to avoid any dispute, so we deal with complaints in the following way: email caketotheoccasion@gmail.com.

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