Tiny Sarah’s Cakes Limited
TERMS OF BUSINESS June 2018
“The Client” is the person (or persons) who have received the quotation (where more than one they are joint and severally liable)
“The Assignment” is the project of works, goods and services set out in the quotation. Please note that all goods provided as part of the Assignment are VEGAN and we do not provide any alternatives.
“The Baker” is Tiny Sarah’s Cakes Limited (company number 11203751) whose registered office address is 33 Snowdrop Gardens, Woodley, Reading, United Kingdom, RG5 4FB.
“The Event” is the event to be supplied by The Baker under the Assignment set out in the quotation.
Price and payment
2.1. Price for the Assignment is set out in the quotation (“the Price”) There is no VAT. The Price includes the design and creation, baking and decorating to complete the Assignment. The Price also includes any expenses that will be incurred by The Baker, unless otherwise agreed in writing by the parties.
2.2. A non-refundable deposit (“the Deposit”) of 50% of the Price shall be paid upon entering this agreement and The Baker’s invoice for the Deposit will follow – please refer carefully to Clause 3.
2.3. The Price and the Deposit shall be the Fees of The Baker. The Client shall pay The Baker the balance of the Fees (the Price less the Deposit) at the latest 14 days before the Event and all Fees shall be paid in advance in full.
Cancellation of agreement and the Deposit
3.1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email to email@example.com subject to the matters set out in this clause.
3.2 If the Baker cancels the Assignment, subject to clause 3.2.1 below, the Fees paid at the time of cancellation will be repaid to the Client within 14 days of cancellation and no further sum or compensation will payable to the Client by The Baker arising from such cancellation.
3.3 If the Client cancels the Assignment at any time after entering into this contract, the Deposit is forfeited and will not be repayable to the Client in any circumstances.
3.4 Additionally, If the Client cancels this Assignment within 14 days or less of the Event, then the Fees in full (less any monies paid) shall be due to The Baker.
Design, changes and alterations to the Assignment.
4.1 The Client acknowledges that The Baker owns all right, title and interest in and to the design created in the Assignment and that the Client has no right to use it outside the express terms of this agreement. The Baker grants a right to the Client to use the design, limited to all reasonable uses for the purposes of the Assignment.
4.2 So far as any goodwill is generated by the Client’s use of the design, it shall accrue to the benefit of The Baker.
4.6 The Baker reserves the right to use images of The Baker’s design and goods created during the Assignments for marketing, promotional, competition and editorial purposes.
4.7 Slight design changes are at The Baker’s discretion and are not grounds for a refund. All cake designs are subject to artistic license and the Client acknowledges this in placing their order.
4.8 If, for any reason, the design has to be changed more than marginally, then The Baker will agree this in advance with the Client. This will incur additional Fees.
4.9 Flavour changes will only be accepted up to 14 days prior to the Event, and entirely at the sole discretion of The Baker and subject to availability. This may incur additional Fees.
4.10 If there are any complaints about the design or appearance of the goods, they must be expressed at point of collection.
4.11 Date changes to the Event must be submitted in writing and the new date is subject to availability. If the new date cannot be accommodated by The Baker, this will constitute a cancellation and clause 3 will apply.
5.1 The Baker will not be held responsible for any allergies or reactions caused by our goods. Our goods can be made without certain allergens, but our goods are still made in a kitchen using some or all of these ingredients, and regrettably The Baker cannot therefore guarantee the absence of traces of them.
5.2 It is the Client’s responsibility to inform consumers of any risks.
5.3 All our goods and products are vegan and The Baker cannot and does not provide other alternatives or options.
6 Damage In transit
6.1 The Baker cannot be held responsible for any damage to the goods that may be caused during transportation, once the goods for the Assignment have been handed over to the Client for transportation.
The Baker shall use reasonable endeavors to meet any performance date but such dates shall be estimates only, and time is not the essence of the contract.
Variations to the services may only be agreed in writing by both parties.
The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 7 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the services may be suspended and payment in advance may be required before the services are re – commenced.
The Baker reserves the right to require some or all of the Fees to be paid in advance of the commencement of the services where applicable and agreed in writing.
Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the services, or making proper use of the services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at tinysarahscakes.co.uk
The Baker will use reasonable care and skill in performing the services.
The Baker’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
In respect of any other direct losses (in Contract or Tort) the total liability of The Baker will not exceed the return of all payments received, and thus the limit of liability shall not exceed the value of the services provided.
Nothing in these Terms will exclude or limit liability for death or serious injury caused by The Baker’s negligence.
The services may be terminated if payment of the Fees is not made in accordance with these terms, or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement. Upon termination the Client shall immediately pay any outstanding sums to The Baker.
The Baker shall not be liable for any breach of contract due to force majeure.
Nothing in these terms are intended to create a partnership or joint venture between The Baker and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
These terms and any dispute arising from them shall be governed by the laws of England and Wales.
Tiny Sarah’s Cakes Limited
Company Number 11203751 June 2018