Terms & Conditions of Caroline Goulding Cake Design (CGCD)
Please read through these terms and conditions.
This document tells you the terms and conditions upon which CGCD sells and supplies the goods listed on this website to you. Please take time to read these CGCD Terms of Sale carefully as they set out the terms for the purchase by you of products on the Website. By making an offer for products on or via the Website, you agree to be bound by these Terms of Sale.SELLER
The seller is Caroline Goulding, a business registered in Ireland with its registered office at 19 Charleston Avenue, Ranelagh, Dublin 6 and trading as Caroline Goulding Cake Design at 55b Rathgar Avenue, Dublin 6.
You can contact us by telephoning 01 4927647 or by emailing us at email@example.com or a letter to Caroline Goulding Cake Design, 55b Rathgar Avenue, Rathgar Dublin 6.
We may contact you by telephone or by writing to you at the email address or postal address you provided to us in your order.
Please note that when we use the words “writing” or “written” in this document, this includes emails.
2. ORDER PROCESS
2.1 Our display of products on the Website is an invitation and not an offer to sell those goods to you.
2.2 For information on how to place an order, as you go through the order process there are instructions shown.
2.3 Note that no contract for the sale and purchase of products comes into effect unless and until we accept your offer.
2.4 We take payment from your card when we process your order and have checked your card details. Goods are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products. If, for any other reason beyond our reasonable control, we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product.
We also reserve the right not to accept your order for any of the following reasons:
- We are unable to authorise your payment;
- Item is out of stock; or
- You are not eligible to make the purchase
2.5 If you enter a correct e-mail address we will send you an order confirmation email acknowledging the details of your order and notifying you of your assigned order number. This email is an acceptance of your order, and confirming that we have received it.
2.6 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the products you have ordered are paid for.
2.7 Christmas Order Process – The latest date for delivery/collection of Christmas Orders in Dublin is 12.00 pm, Tuesday 24th December 2019.
3.1 Payment may be made by any one of the methods indicated on the website, we are unable to process orders with more than one method of payment.
3.2.Your credit or debit card provider or bank may add an additional processing or administration charge, which the cardholder will be liable to pay. We are able to accept the credit cards and payment methods as listed on our Website although we reserve the right to vary these from time to time without notice. Using your credit or debit card when you shop online with CGCD is safe and protected. Our secure server encrypts your credit card number details along with your personal information so they are then securely transmitted over the Internet and processed by our payments provider Stripe.
3.3 You will be charged the current price for the products as shown on the Website at the date you place your order.
3.4. An occasion may arise whereby a cake is sold at an incorrect price. If upon checking by us ahead of your order being accepted, the correct price at your order date is less than our stated price at your order date, we will charge you the lower amount. If the cake’s correct price at your order date is higher than the price stated to you we will contact you for your instructions before we accept your order. If we accept your order where a pricing mistake is obviously an error and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
- CHANGES TO ORDERS
4.1 All cakes on our website are set designs and as such can not be customised aside from the options available during the order process e.g. size, inclusion of a name plaque etc.
4.2 If you wish to make a change to the cake you have ordered such as colour/size/flavour change or delivery/collection time/date change, please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know if it incurs a price change, a delivery/collection date change or anything else that may occur as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. RISK AND TITLE
5.1 The Goods will be at your risk from the time of delivery to the address provided by you or collection from us by you or a person instructed to do so by you.
5.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
6. CANCELLATION AND REFUNDS
6.1 You are entitled to end your contract with us if
- what you have bought is damaged or not matching the description given
- we have told you about an upcoming change to the product or these terms which you do not agree to
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed.
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
The contract will end immediately and we will refund you in full for any products paid for.
6.2 In the event of ‘lack of conformity’ as described in point (a) above, customers may also request :
- a replacement of the goods, free of charge (of equal value to original order) for another occasion
- a reduction in the price or comparable compensation offer,
- The consumer is not entitled to have a refund if the lack of conformity is minor, e.g. slight variation of colour
6.3 If you end the contract for any reason after products have been delivered to you or you have collected them, you must return them to us. Should you request a replacement cake, the original damaged/incorrect cake must also be returned to us. We will pay the costs of returns.
6.4 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days (cooling off period) and receive a refund however, this cooling off period does not apply for products that are liable to deteriorate or expire rapidly, e.g. perishable goods. This includes any food products, including cakes.
6.5 To cancel any order you have placed, you must email your cancellation notice quoting your name, address, the name or a description of the Goods and your order reference number to firstname.lastname@example.org As a goodwill gesture we will offer a refund to customers who cancel their order a minimum of 7 days before the time of delivery/collection.
6.6 If your order is accepted under our terms and conditions as cancelled or rejected and you have already paid for the Goods, you will receive a full refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
7. PERSONALISED MESSAGE AND GIFT WRAPPING
If you wish to send a CGCD product, with a personal message, Caroline Goulding will be happy to provide a handwritten personalised message on our branded postcard. Just fill in the “Is your card a gift?” field at the checkout with your desired message.
8.1 Cakes can be collected from our address 55b Rathgar Avenue, Rathgar, Dublin 6. Just select collection at the checkout and they will be available from the date and time selected by you, detailed on your order confirmation.
8.2 Customers will be shown their purchase on collection to approve appearance and condition. Whilst we provide our customers with a guide for safe transportation and storage, with each order, once collected, the responsibility for any damage including through transportation lies with the customer.
8.3 Should for any reason an order not be collected in time, we will retain it for 24 hours to allow you sufficient time to call us to re-arrange a new time for collection. Please note that we do not offer refunds or replacements for orders that have not been collected within 24 hours after the agreed date and time.
8.4 Customers can choose to have an order delivered by contacting us at email@example.com to request a delivery quote. The delivery charge will be provided to you and if you wish to proceed we will provide our bank details for payment of the delivery charge, separately. Your cake order and payment for same, is done through the website www.carolinegouldingcakedesign.ie
8.5 Deliveries by courier within the general Dublin area for the date you confirm to us are normally between 9.00am and 5.00pm but we can not provide an exact time. Customers must provide a contact number for the courier driver to contact you.
8.6 Upon delivery our courier will request you to sign for the cake to confirm receipt and good condition.
8.7 Once your order has been delivered in good condition, the responsibility for any damage thereafter lies with the customer.
8.8 If after a failed delivery to you, or non collection from our premises, we will contact you for further instructions and charge you for further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection we do not offer refunds or replacements.
9. GENERAL PART 1
9.1 Our liability to you in connection with any order will not exceed the total price charged for the products.
9.2 We will not in any way be liable to you for any indirect or consequential loss or damage or any loss of profits or lost opportunity, howsoever such loss or damage arises. We will only be responsible for direct loss and damage that you suffer as a result of our breach of these Terms of Sale to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only: where you use them in the course of a business, we exclude (to the fullest extent permitted by law) any warranties and conditions relating to fitness for a particular purpose and our liability shall not in any event include business losses such as lost profits or business interruption.
9.3 Nothing in clause 9.1 or 9.2 above shall limit or affect our liability resulting from any products sold being unsafe or unfit for human consumption or if something we do negligently causes death or personal injury.
9.4 You may not transfer any of your rights under these CGCD Terms of Sale to any other person. We may transfer our rights under these CGCD Terms of Sale and sub-contract our obligations (for example the processing of payment, order fulfilment and the delivery of products) to another person or business where we reasonably believe your rights will not be adversely affected.
9.5 If you breach these CGCD Terms of Sale and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these CGCD Terms of Sale.
9.6 We shall not be responsible for any failure to deliver or for any other breach of these CGCD Terms of Sale caused by circumstances beyond our reasonable control.
9.7 All matters concerning or arising from the use or our Website and the ordering of any products shall be conducted in English.
9.8 These CGCD Terms of Sale shall be construed and governed according to the laws of Ireland and the Irish courts shall have jurisdiction in all disputes arising from your dealings with CGCD.
9.9 We may need certain information from you so that we can supply you with your cake order, such as correct delivery address. If you give us incomplete or incorrect information or do not supply us with information within a reasonable time of us requesting it, we may end the contract or request an additional fee for extra work/time required as a result. We will not be responsible for supplying our cakes late or not supplying part of them if this is caused by you not giving us the information we need within a reasonable time, or incorrect information.
10. GENERAL PART 2
10.1 Undertake that any and all cakes ordered by you are for your own private or domestic use only and not for resale.
10.2 We reserve the right to withdraw any product from sale at our sole discretion.
10.3 The reproduction of colours is as accurate as the photographic and production process will allow. We will not have any liability to you for any minor variations in the style or presentation of the products.
10.4 Please note that for photographic purposes some props have been used & these are not included in the particular cake design.
10.5. The packaging of our products may vary from that shown on images on our website.
10.6 Where stocks may run short, an item in a cake design may be substituted for another of equal or greater value.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at firstname.lastname@example.org
12. INTELLECTUAL PROPERTY
The content of the Website is the property of Caroline Goulding Cake Design. This includes all imagery.
13. LIABILITY AND INDEMNITY
13.1 We will not be liable if the Website is unavailable at any time.
13.2 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
13.3 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.4 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
These terms and conditions do not in any way affect your statutory rights.