Terms & Conditions
Top Tier Terms
1. The owner of this web site is Top Tier Cakes whose address is 70 Bell St., Glasgow UK G1 1LQ ('Top Tier Cakes' 'we' 'us' 'our').
2. Your contract for purchases made through the Site is with www.toptiercakes.co.uk, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
5. A contract for the sale of any product will subsist between you and www.toptiercakes.co.uk until immediately after a product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by www.toptiercakes.co.ukk of your offer to buy goods from www.toptiercakes.co.uk or a third party supplier that is engaged on your behalf by www.toptiercakes.co.uk (whether or not you receive that e-mail).
6. You agree that e-mail can be used as a long-distance means of communication. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
7. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
8. www.toptiercakes.co.uk will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary.
9. You undertake that all details you provide to www.toptiercakes.co.uk for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
10. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
11. If there are any changes to the details supplied by you it is your responsibility to inform www.toptiercakes.co.uk as soon as possible.
12. All purchases are non-exchangeable, non-refundable and non-transferable.
13. You may cancel your order at any time prior to your order being processed by clicking on the 'cancel' link next to the product ordered on your account page on the website. We can also accept cancellations by email to email@example.com or by post or by telephoning 0141552 2195 during normal office hours. You may also withdraw from the contract at any time for up to 24hrs after the order has been placed. Cake Orders which are cancelled later than 24 hours after the initial order was first placed, will carry a 5% administration charge.
14. www.toptiercakes.co.uk reserves the right to make a 15% restocking charge for any non-novelty cake goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. www.toptiercakes.co.uk also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
15. This section applies only to the extent permitted by law. For the avoidance of doubt, www.toptiercakes.co.uk do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from www.toptiercakes.co.uk negligence or wilful default, or that of www.toptiercakes.co.uk employees, agents or subcontractors or (b) fraudulent misrepresentation.
16. www.toptiercakes.co.uk does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
17. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
18. www.toptiercakes.co.uk will do its best to correct errors and omissions as quickly as practicable after being notified of them.
19. TO THE FULLEST EXTENT PERMITTED BY LAW, www.toptiercakes.co.uk IS PROVIDING THIS SITE AND ITS CONTENTS ON AN 'AS IS' BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, www.toptiercakes.co.uk DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
20. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, www.toptiercakes.co.uk shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify www.toptiercakes.co.uk of the problem in writing at the address stated in the confirmation e-mail within 24 hours of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
21. You and www.toptiercakes.co.uk will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
22. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, www.toptiercakes.co.uk do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from www.toptiercakes.co.uk.
Processing Of Orders
23. Credit and Debit cards are debited on the day of ordering by www.toptiercakes.co.uk. All prices include sales taxes (where applicable) unless otherwise stated.
24. Every purchase you make shall be deemed performed in the Scotland, UK. UK law shall govern every aspect of contractual agreement concerning purchases made from the Site.
25. www.toptiercakes.co.uk aims to arrange shipment of all non-novelty cake product items within 72 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. www.toptiercakes.co.uk is not able to supply dates our suppliers may get an item in stock.
26. Title to any product ordered will pass to you once www.toptiercakes.co.uk has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
27. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
28. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
29. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
30. In these Terms, 'Intellectual Property Rights' means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
31. Subject to the licence granted to you to use the Site, www.toptiercakes.co.uk reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of www.toptiercakes.co.uk and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in www.toptiercakes.co.uk and its affiliates, as appropriate.
32. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
33. www.toptiercakes.co.uk may amend these Terms from time to time, and place the new version on the Site. When www.toptiercakes.co.uk do so, it will mention the fact on our home page (www.www.toptiercakes.co.uk). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Cakeinbox.co.uk posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
34. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Cakinabox.co.uk and you relating to your purchase. www.toptiercakes.co.uk advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by www.toptiercakes.co.uk. We will store a copy of the contract entered into by you with www.toptiercakes.co.uk. You are advised to read (and are responsible for reading) fully all information on this website.
35. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
Purchase Order Agreement
36. All celebration cake order details, artwork and decoration instruction MUST be received before 7 working days of your collection/delivery.
37. Order alterations that are made with less than 7 working days to the delivery date will carry a 15% order surcharge.
38. No alterations can be made with-in 5 working days to the delivery date.
39. If any product decoration choice is left un-chosen on your order then we reserve the right to use our own discretion.
40. If you wish to supply a digital image, we only accept high resolution jpg images. (Pronounced j-peg)
41. Wedding Cake (1+ Tiers) orders with fruit cake filling selected - Base tier (Or other tier if specified/requested by customer) will be made of fruit cake and marzipan with remaining tiers being made with a victoria sponge filling, unless otherwise agreed upon directly by Top Tier Cakes and the purchaser. Tiered Wedding Cakes with all fruit cake filling are available. Please contact us for further information.
Complaints & Cancellations
42. Corrections and repairs to celebration cakes, including inscription mistakes etc, can be corrected on the same day in most cases. You are required to give us this opportunity and must let us know of the problem before accepting your cake. If we are unable to correct or fix a design error, a percentage discount on future orders can/will be offered by management to customers. The percentage level discount will be set on a case by case basis.
43. Customers who feel they have a complaint, regarding to their specific cake order, must register/report their complaint within 24-48 hours of the order due date. If a customer feels the need to return a celebration cake for any particular reason, they must do so within the 24-48 hour period with 90% of the cake produce returned in a state that will allow for analysis by our confectionery team.
44. Customers who have an issue/complaint with regard to a cake order that is delivered, must report the issue within 2 hours of delivery time.
45. The maximum refund we offer is the value of the cake and delivery. Further compensation is not available.
46. Celebration Cake orders cancelled with less than 7 days notice will be charged at full rate.
47. All content on this site is protected by UK copyright laws. No part of the site may be copied, reproduced, distributed, redistributed, modified displayed or performed without prior written consent by Top Tier Cakes.
48. This site is provided as a shopping resource by www.toptiercakes.co.uk. The site is provided on an 'as is' basis. www.toptiercakes.co.uk makes no express or implied warranties of any kind relating to the provision of information or service on or by this site. www.toptiercakes.co.uk will not be liable for any damages of any kind arising from the use or misuse of this site or any of the information contained within it.
49. We reserve the right to make changes to this site, these disclaimers and the terms and conditions at any time.