2. Basis of Sale
3. The Cakes
5. Defective Products and Returns
|6. Price and Payment
7. Limitation of Liability
The definitions in this clause apply in the terms and conditions set out in this document: Cakes: the products that we are selling to you as set out in the Order Confirmation. Class: any cake or cupcake baking or decorating class that we are holding. Invoice: your invoice for payment. Order: your order for the Cakes or a Class, made in writing or otherwise. Terms: the terms and conditions set out in this document. Writing: or written includes e-mail.
2.1 These Terms, your Order and our Invoice are considered by us to set out the whole agreement between you and us for the sale of the Cakes or booking of the Classes. Please check that the details in your Order are complete and accurate before you commit yourself to these terms. Please ensure that you read and understand these Terms before you submit your Order, because you will be bound by the Terms once a contract comes into existence between us. 2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained on our website, are issued or published solely to provide you with an approximate idea of the Cakes or Classes they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Cakes. 2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. 2.4 These Terms shall become binding on you and us when we issue you with an Invoice confirming your Order at which point a contract shall come into existence between us. 2.5 Any quotation shall be valid for a period of 30 calendar days from its date of issue. 2.6 We shall assign an order number to the Order and inform you of it in your Invoice. Please quote the order number in all subsequent correspondence with us relating to the Order. 2.7 You may prior to 7 days before the due delivery date or Class date specified in your Order Confirmation amend or cancel an Order by providing us with written notice. 2.8 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Cakes from us.
3.1 We warrant that on delivery the Cakes shall conform to their description, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements in the UK. 3.2 This warranty does not apply to any defect in the Cakes arising from wilful damage, accident, negligence by you or any third party, if you use the Cakes in a way that we do not recommend, your failure to follow our instructions, or any alteration you carry out. 3.3 We will take reasonable steps to pack the Cakes properly and to ensure that you receive your Cakes in good condition. 3.4 As our cakes are made in an environment where nuts are present, we cannot guarantee that any Cake is entirely nut free although we make every effort to ensure that allergies are accommodated. 3.5 These Terms apply to any replacement Cakes we supply to you in the unlikely event that the original Cakes are faulty or do not otherwise conform with these Terms.
4.1 We will deliver the Cakes to you on the date set out in the Order. 4.2 Delivery of the Order shall be completed when we deliver the Cakes to the address provided in the Order. 4.3 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. 4.4 If you fail to take delivery of an Order on the arranged date then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control: (a) we will store the Cakes until delivery takes place; and (b) we shall have no liability to you for late delivery. 4.5 If you have not taken delivery of the Cakes within 3 days of the arranged delivery date we may resell or otherwise dispose of the Cakes. 4.6 If you do not attend a Class or fail to cancel or re-schedule less than 48 hours before the Class date, no refund will be available.
5.1 In the unlikely event that the Cakes do not conform with these Terms, please let us know as soon as possible after delivery. If the cakes are faulty, we will: (a) provide you with a full or partial refund; or (b) replace the Cakes. 5.2 These Terms will apply to any replacement Cakes we supply to you. 5.3 Due to the nature of the Cakes, it is not possible for Cakes to be returned to us if you are unhappy with the Cakes for any other reason.
6.1 The price of the Cakes and Classes will be as set out in your Invoice. 6.2 No VAT is payable on the Cakes. 6.3 The invoice will quote your Order Number. You must pay the invoice in cleared monies no later than the date of delivery of the Cakes by direct bank transfer to the account specified on the invoice, cash or a cheque made payable to Rebecca Chitty. We will not be responsible for cash or cheques lost in the post. Places on a Class will not be booked until full payment or payment of the required deposit has been received. 6.4 If the cost of a Cake is greater than £100, a non-refundable deposit must be made at the time the Order is confirmed, with the balance to be paid in accordance with clause 6.3. 6.5 If you do not make any payment due to us by the due date for payment (as set out in clause 6.3), we may charge interest to you on the overdue amount at the rate of 5%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with the overdue amount. 6.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
7.1 Subject to clause 7.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. 7.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of business; or (c) any waste of time. However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property. 7.3 This clause does not include or limit in any way our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability. 7.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
All notices sent by you to us must be sent to Rebecca Chitty, Chitty's Cake Company at email@example.com or Studio 417, The Custard Factory, Birmingham, B9 4AA. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter.
9.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 9.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. 9.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 9.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK and Channel Islands.