Terms and Conditions for Supply of Goods to Customers
Welcome to our Terms and Conditions for Supply of Goods to Customers, which includes individual, private customers, one-off corporate customers, event organisers and individuals planning an event, such as a wedding, baby shower, party or similar event.
If you are a business to whom we supply on a trade basis, for example a café, coffee shop or specialist retail outlet, please read instead our Terms and Conditions for Supply of Goods to Businesses instead.
Please take time to read and understand these terms and conditions, as they form the basis of any subsequent activity, access to services or order placed between you (the Customer) and ourselves (thecupcake.company or Supplier). This includes your use of our website, social media sites, any communications between yourself and thecupcake.company and any orders placed.
By accessing our website, contacting us via any medium, placing an order with us or any other activity or access to our services, it is deemed that you have indicated your acceptance of these terms and conditions. If you do not agree to any of the terms and conditions stated or have any questions, please email us at firstname.lastname@example.org with any questions before proceeding to access our services or place an order.
These terms and conditions are governed by English law and will be applied should a situation or dispute arise in accordance with English law.
STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.2 “Customer” means any person who purchases Goods from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods to be provided by the Supplier. This will not always take the form of a formal written Proposal. Because of the nature of the Supplier’s business, it may also include written, online, social media or verbal presentations of price and good/services provided which will then dictate the proposal and scope of any subsequent order;
1.5 “Supplier” means thecupcake.company of 207 Icknield Way, Letchworth Garden City, Hertfordshire SG6 4TT;
1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 If a Proposal is attached to these Terms and Conditions for the consideration of the Customer, it shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 Where the Customer places an order for goods where the price, quantity and scope of the proposal is already implied in published material or through phone or e-mail/direct message contact and no additional written Proposal is required, for example but not exclusively, online, via social media promotions or at events, these Terms and Conditions will still apply and the placing of any order will be seen as acceptance of them by the Customer.
4 PRICE AND PAYMENT
4.1 The price for the Goods is as specified in the Proposal, published or verbally presented pricing structure and is inclusive of VAT where relevant and any applicable charges outlined in the Proposal, published or verbally presented pricing structure.
4.2 Payment for orders up to £100.00 will be taken in full at the time of booking. The Customer accepts that until such payment has been made and funds have cleared, no order will be deemed to have been accepted and no supply date will be confirmed. The Supplier accepts no responsibility for circumstances where the Customer has expressed an interest in Goods and a proposed delivery date, but has not provided cleared payment to secure them in accordance with the terms outlined in 4.2.
4.3 For orders over £100.00 the Customer will be required to make payment of either £100.00 or 50% of the total order value (whichever is greater) as a deposit. The Customer accepts that until such payment has been made and finds have cleared, no order will be deemed to have been accepted and no supply date will be confirmed. The Supplier accepts no responsibility for circumstances where the Customer has expressed an interest in Goods and a proposed delivery date, but has not provided cleared payment to secure them in accordance with the terms outlined in 4.3.
4.4 Where a deposit has been made by the Customer and has cleared to secure an order of Goods and a delivery date, the remainder of the balance owed by the Customer will need to be paid and cleared a minimum of 5 working days before the agreed delivery date. If this remaining payment is not paid and cleared the Supplier reserves the right not to fulfil the order. In this case the responsibility for non-fulfilment of the order rests solely with the Customer on the grounds of non-payment of monies outstanding and the Supplier will take no responsibility from any inconvenience caused.
4.5 If an order is not fulfilled due to non-payment of monies outstanding by the Customer as outlined in 4.4, the Supplier will retain any monies already paid as compensation for loss of earnings and non-use of allocated creation and delivery time.
5.1 The date of delivery of the Goods will be discussed with the Customer at the point of ordering and the terms of delivery will be confirmed in writing by the Supplier following clearance of the Customer’s payment and on formal acceptance of the order. In the unlikely event that a situation occurs outside of the Supplier’s control and the Supplier cannot meet the agreed delivery date, the Supplier may vary these times by intimating in writing details of the change to the Customer and will strive to get a delivery date as close to the original date as is possible. When the goods are sent by first class recorded post, not courier, the exact delivery date cannot be specified, but the Supplier will allow two working days prior to the delivery date requested for these items. It is the responsibility of the Customer to consider delivery requirements and decide which method of dispatch most suits their needs at the point of ordering. The Supplier will accept no responsibility for Goods sent that fail to meet a Customer’s delivery expectations where those expectations have not previously been confirmed by the Supplier in writing as part of the contract.
5.2 All risk in the Goods shall pass to the Customer when they are in the physical possession of the Customer. It is the responsibility of the Customer to make sure at the point of delivery that Goods supplied are as agreed and in an acceptable condition. If the goods are being delivered to a location, venue or third party address at the request of the Customer, then it is the responsibility of the Customer to ensure that a third party is able to confirm successful fulfilment of the order on their behalf. It is implied in the terms of each contract that the Goods will arrive in satisfactory condition and be fit for purpose where purpose has been specified as part of that contract. No discussion will be entered into regarding the condition of the order once it passes from the Supplier to the Customer or a representative of the delivery location, venue or third party address specified by them.
5.3 Where Goods are ordered to be sent mail or by courier, it is the responsibility of the Customer to ensure that delivery details are correct and that either they or their chosen recipient is available over the anticipated delivery timeframe to sign for and/or take receipt of the Goods.
5.4 If the Customer is receiving their order by courier and has requested specific delivery instructions because they will not be available to receive the order (eg) leave in the porch, leave with a neighbor, the Supplier will pass these details on to the courier firm for action.
5.5 The Supplier accepts no liability for late delivery, failure to deliver, damage, wastage or similar as a result of the Customer, their nominated recipient or a designated third party or area not being available to receive the Goods (eg the neighbour is not in or an area where the goods were to be left is locked and access cannot be obtained).
5.6 In line with 5.1, certain Goods may be sent by Royal Mail on a signed for service. It is not possible to guarantee an exact delivery date for such items.
5.7 In the unlikely event that the Goods are lost in transit or are not delivered on a specified date where the delivery is being made direct, with a courier or via some other tracked service, the Supplier must be notified in writing within 24 hours of the delivery being expected. The situation will be investigated and depending on the circumstances (see also 5.8 below), compensation may be paid at the discretion of the Supplier up to but not exceeding the amount paid by the Customer if the cakes cannot be traced or are confirmed lost by the courier.
5.8 If delivery cannot be made due to adverse weather conditions affecting road safety, traffic build-up on the roads as a result of adverse weather conditions or similar operational concerns, an alternative will be offered or full refund will be made.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods. As outlined in 4.4 the Supplier reserves the right not to fulfil the order if monies are outstanding and they will also retain any monies previously paid towards the order to count towards loss of earnings and associated costs with reservation of creation and delivery time and materials.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 comply with such other requirements as may be set out in the Proposal or order confirmation, the Terms and Conditions or otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will:
8.1.1 be of satisfactory quality;
8.1.2 be fit for a particular purpose where the Consumer indicates or where it is obvious that they are required for a particular purpose;
8.1.3 match the description, sample or model;
8.1.4 be installed correctly, where installation has been agreed as part of the contract;
9 REMEDY FOR BREACH
9.1 Where the Goods are faulty or the Customer feels they do not meet the terms of the order/contract, the Customer (or their representative where delivery goes to a venue or third party) is entitled to reject them (in full or part) at the point of delivery. This does not mean that a full or part refund will be automatically forthcoming. The Supplier reserves the right to compare the goods to the original order/contract and will then return to the Customer with their findings. If it is found that a breach has occurred, then a refund for all or part of the monies paid will be offered at the Supplier’s discretion and in accordance with the scale of the issue and the investigation findings.
9.2 In accordance with 5.2 no discussion will be entered into if the Customer or their representative accepts the goods at the point of delivery, but then approaches the Supplier once the responsibility for the Goods has passed to the Customer.
9.4 A refund will be given without undue delay, and in any event within 14 days of the Supplier agreeing that the Customer is entitled to a refund.
9.5 The Supplier is responsible for the reasonable cost of returning the goods except where the Customer is returning them to the place where he took possession of them.
10 ISSUES AND REPLACEMENT
10.1 Where there is a possible breach of contract, but the Customer has lost or chooses not to exercise his right to reject the Goods at the point of delivery, but has clearly stated his concerns at the point of delivery prior to the rights of the Goods passing to him, then an investigation will still take place and if evidence of a breach of contract or an issue with Goods supplied is found, a part or full refund of any monies paid will still be offered according to the scale of the issue and the investigation findings.
10.2 In some cases it may be suitable to offer a replacement item. The Supplier must do this at no cost to the Customer, within a reasonable time, without causing significant inconvenience and on the basis that the replacement item will be offered instead of a refund for the initial item received.
10.3 The Customer cannot choose one of these remedies above the other if the chosen remedy is either impossible or disproportionate as compared to the other remedy. Once the Customer has chosen a remedy, he must give the Supplier a reasonable time to provide that remedy.
10.4 The remedies fail if, after just one attempt at replacement, the Goods still do not meet the necessary requirements. The remedies also fail if they are not provided within a reasonable time and without causing significant inconvenience to the Customer.
10.5 In either case where a replacement is found to have failed, the Customer is entitled at their own discretion to select a further replacement or he can claim a price reduction or the right to reject. The same rule applies if replacement is impossible or disproportionate from the outset.
11 PRICE REDUCTION AND FINAL RIGHT TO REJECT
11.1 If replacement is not available or is unsuccessful, or is not provided within a reasonable time and without significant inconvenience to the Customer, then the Customer can claim a price reduction or reject the Goods.
11.2 Where repair or replacement fail, are not available, or were not provided within a reasonable time and without causing significant inconvenience to the Customer, the Customer can choose whether to keep the Goods or return them. If he keeps the Goods, then his claim will be for a reduction in price; if he returns them, he is rejecting them.
11.3 A price reduction must be an appropriate amount, which will depend on all the circumstances of the claim. It can be any amount up to the whole price paid at the discretion of the Supplier and dependant on the circumstances. It will not exceed the price paid for the Goods.
11.4 If the Customer rejects the Goods, then he is entitled to a part of full refund following investigation. This investigation will be done in a timely manner and the Supplier aims to complete this and offer a suitable refund at their discretion based on the circumstances with 7 days.
12 BURDEN OF PROOF
12.1 If all other conditions in the contract were met, the Customer has to prove that there was a specific reason relating to damage for rejecting Goods at the time of delivery.
12.2 The Customer cannot claim for damage that is brought to his attention on delivery and before the responsibility for the Goods has passed to the Customer, or if the Customer examines the Goods before accepting delivery and any defects should have been obvious.
12.3 The Customer cannot claim for damage he causes either during or after the transfer of Goods to him, or if he simply changes his mind about wanting the Goods.
12.4 Neither can the Customer claim if he chose the product himself for a purpose that is neither obvious nor made known to the Supplier and he then finds that the item is simply unsuitable for that purpose.
13.1 The Customer may cancel an Order by notifying the Supplier in writing at the address above or by email to email@example.com within 7 days of placing an Order (but not within three days of the date when the order is due to be fulfilled if this also falls within this 7 day period) and any deposit or upfront payment will be refunded in full.
13.2 If the Customer fails to cancel the order within the time specified in Clause 13.1 any deposit or upfront payment paid may not be returnable.
14 LIMITATION OF LIABILITY
14.1 The Supplier shall not be responsible for:
14.1.1 losses that were not caused by any breach on the part of the Supplier; or
14.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
14.1.3 any indirect or consequential losses that were not foreseeable to both the Customer and the Supplier.
14.2 The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Customer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.
14.3 Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
WEBSITE USE, EMAILS, DIRECT MESSAGING AND OTHER FORMS OF CONTACT:
- Our website and all social media sites and e-mail addresses attached to it under the branding of thecupcake.company or Cupcake Toppers Co are commercial in nature and as such not aimed at anyone under age of 18. People under the age of 18 can browse the website, but are not allowed to place orders or forward us any identifiable information. Where it comes to our attention that such information has been provided, we will take steps to remove it. If an order is placed by someone under the age of 18 and is accepted in good faith by us and progressed to the point of fulfilment based on the information supplied, which does not identify the purchaser as below 18 years of age, responsibility for the order will rest with the responsibility adult(s) of the order placer and we, the Seller, shall not be left out of pocket as a result.
- In using any of the above forms of media or contact, you agree to refrain from any activity or messaging that violates both English and international applicable law and any further rules, regulations or similar in place within the area of your activity, to refrain from making false statements in any part of your correspondence and verbal approaches to us, to refrain from impersonating any person, organisation or entity, to refrain from providing false or misleading credit card details and also from providing false delivery addresses.
- The above forms of media and contact constitute access to our representatives at their place of work. If issues arise we will work with you to investigate them fairly and provide you with a considered response and way forward. We will not tolerate any form of verbal, written or other abuse, including bullying or misrepresentation through comments left on our sites or through other means, verbal, written or posted. Section 127 of the Communications Act 2003 covers the improper use of public electronic communications network, including:
- A person is guilty of an offence if she/he:
- sends by means of a public electronic communications network, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
- causes any such message or matter to be so sent.
Anyone found guilty of an offence under this section can be fined, or imprisoned for up to six months.
The Protection from Harassment Act 1997 also makes it a criminal offence for a person to pursue a course of conduct which may cause harassment, alarm or distress to another person. In addition the Malicious Communcations Act 1988 sets out offences relating to sending indecent, offensive or threatening letters, electronic communications or articles with the intention of causing distress or anxiety to those receiving them.
- You will refrain from any activity that may result in alterations, damage (to both functionality and reputation), availability or any other circumstance affecting our website and associated social media sites in any way.
- We reserve the right to supplement our Terms and Conditions where relevant and also to alter any information relating to products and services appearing on our website and associated media sites. Where we do so, we will make every effort to ensure that these alterations, changes and amendments are visible and accessible to you. Any changes made and published at the time of booking an order, even if correspondence has previously taken place prior to ordering, will be applicable to the order, unless specifically stated otherwise in writing by us.