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Terms and Conditions of Sale
In these terms and conditions Elizabeth Southall, trading as Dolly Dew Drops, is referred to as “the Company” or “we” and the buyer of the Company’s products, whether an individual or corporate, is referred to as “you”. Terms such as “your”, “our” or “us” should be construed accordingly. Nothing in these terms and conditions affects your statutory rights as a consumer and nor do they confer any rights on third parties. When placing an order you will be asked to confirm acceptance of these terms and conditions and if there is anything you do not understand please ask us. If you accept these terms and conditions on behalf of a corporate entity it is assumed you have the authority to do so, but if you do not have that authority that you are happy to take personal responsibility.
The price, deposits and non-payment
The price for the order shall be as stated on your order form. Once the details have been checked and agreed, you undertake to pay the full price to the Company. A deposit of 50% will be required on wedding cake orders and 25% on all other orders. All deposits are non-refundable and non-transferable and are due when the order is placed. No order should be regarded as accepted until the necessary deposit has been paid.
Final payments for all orders must be made at least 28 days prior to delivery, collection or set up unless a shorter period has been agreed with the Company. In the event that any payment is declined, the order will not be released and the Company may at its absolute discretion consider the order as cancelled. The Company accepts no responsibility for any loss, howsoever caused, or for non-delivery of the order under such circumstances and if we agree to proceed with the order it will be on such terms (perhaps involving increased costs) as we may decide.
Payment methods and late payment
We accept payment in cash, by credit or debit card, by cheque or by automated payment. Cheques should be made payable to “Elizabeth S R Southall”. For automated payments please refer to the bank details on your invoice. Please also refer to the late payment provisions and note that this might prejudice your order.
Alterations to orders
Please check your order form carefully and let us know within three days if any changes are needed, as advising the Company of any alterations is your responsibility. We reserve the right to change the originally quoted fee in the event of material and/or late changes and we cannot guarantee that late changes will be possible (in which case you will have to accept and pay for the original order).
Should component parts of any order (e.g. pre-manufactured items such as ribbon) become unavailable we will notify you as soon as applicable and agree how to proceed. Changes made by our suppliers which are outside our control will not invalidate any order.
Collection, delivery and set up
Arrangements for collection, delivery and/or setting up of your order should be made separately with the Company prior to completion of the order. Any costs associated with these aspects are additional and should be agreed and paid for in advance. Should we be required to use a courier the courier’s costs (including any applicable VAT) will be passed on as invoiced to us.
Prior viewing of a wedding cake (to be made by arrangement) is strongly recommended.
A signature will be required on handover of the completed order and this will confirm that it has been accepted in good condition. The condition of the order thereafter (bearing in mind, for example, that some components can deteriorate in warm weather) is a matter for you and we take no responsibility for the order after its successful handover.
Copyright, publication and promotional rights
No person shall have entitlement to copy or reproduce in any form, or otherwise use any image, photograph, design or other document or item produced by or on behalf of the Company without our prior agreement. Such prior agreement will not be unreasonably withheld (for example, with respect to wedding photography).
By signing the order form you agree that the Company remains the sole designer and owner of the final cake design. Exclusivity of cake design between our customers is not guaranteed unless you commission an exclusive design at the outset (which may involve extra cost). Unless also agreed at the time of the original order, we shall be unconstrained as to the future use of images of your order for the purposes of promoting the Company’s business and such images may be reproduced in any physical or electronic media. We will, however, protect the confidentiality of our clients so far as it is in our power to do so after taking reasonable precautions.
Wedding cake or special order cancellations (which must be made in writing) will be subject to the following provisions: 6 months from the delivery date 50% of the total cost is due; 3 to 6 months from delivery 75% of the total cost is due; and 0 to 3 months from delivery the whole cost is due. For other orders full payment is required if cancellation is within 2 months of the delivery date; on earlier cancellation a refund of any monies paid less your deposit will be made
Please be aware that whilst your chosen cake may not be made of nuts or a nut product, it will be prepared in a kitchen where nut products may be used in other cakes and fillings. Raw materials used may not be free from dairy, wheat or gluten. Should your order be shared with third parties you undertake to pass on this allergy warning and you accept that the Company has no consequential liability.