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Based in Watford, covering Hertfordshire, London, Bedfordshire, Berkshire, Buckinghamshire, Essex and parts of Oxfordshire, Cambridgeshire, Northamptonshire, Surrey and Hampshire. 

Copyright 2018 The Dandelion Bakery. All rights reserved. Privacy Policy. Terms and Conditions

 

Terms and Conditions of Sale 

 

All sales made by The Dandelion Bakery (the Company) are subject to the following terms and conditions. Nothing contained within these terms and conditions affects your statutory rights as a consumer.  

 

Please read the following terms and conditions: If there is anything you don’t understand please feel free to contact jo@thedandelionbakery.com.

 

Price

The price for the order shall be as stated on your order form or invoice.  You agree to pay the full price to the Company in accordance with the order form or invoice after the details are checked and agreed by you.

 

 

Deposits

All orders over £100 require a non-refundable deposit of 25% of the total cost.  Please note that all deposits are non-refundable and non-transferrable.

All deposits become due when the order has been placed and details checked and agreed by you.  All orders are deemed to have been accepted only when the deposit has been paid.

For orders under £100, please see 'Final Payments'. 

 

Payments

Payment may be made by:

Cash, cheque made payable to The Dandelion Bakery, via PayPal in response to an invoice sent by The Dandelion Bakery or

Automated payments – Direct Bank/Building Society Transfer

Account: 40648494

Sort Code: 60-00-08

Reference: Your name

 

Payments are not received until they are cleared into the bank account of The Dandelion Bakery. 

 

Final Payments

For orders over £100, final payments for all orders must be made at least 28 days prior to the delivery/collection/set up as stated on your order form or invoice. For orders under £100, full payment must be made 7 days prior to the delivery/collection/set up as stated on your invoice. 

 

Non-payments

In the event that any payment is subsequently declined, the order will not be completed or released until alternative funding arrangements have been agreed and payment is made in full.  Subsequent completion of the order will be subject to availability and cannot be guaranteed.  The Company accepts no responsibility for any loss howsoever caused or for non-delivery under these circumstances.  The customer will be responsible for the payment of any additional charges which have been incurred as a result of payment failure.

 

The cake 

We warrant that on delivery or collection the Cakes shall conform to their description as set out in this order form, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements in the UK. We will not be held responsible for customer disappointment of the design or the interpretation of the cake as long as it is made in line with the customer’s pre agreed requirements set out in the order form and will face no consequent liability.

 

The warranty does not apply to any defect in the Cakes arising from willful damage, accident, negligence by you or any third party, if you use the cake in a way we do not recommend, your failure to follow our instructions or any alterations you carry out.

 

We cannot guarantee an exact replica of any cake but we will do our best to make it so. Where colour swatches are provided we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.

 

If your cake contains figures made from sugar paste, whilst edible, we do not advise that they be eaten, due to the possible presence of dowels or toothpicks for reinforcement. All of our figures are handmade, and therefore, whilst we try to capture the characteristics of a particular person if requested (such as with eye colour, hair colour, hair length, glasses etc), we cannot guarantee a true likeness. It is your responsibility to provide images for our reference. If images are not provided standards figures shall be used.

 

The cake is a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Cakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. They should NOT be refrigerated.

 

Alterations to orders

Your order is very important to us.  Please take the time to check your copy of the order form carefully and let us know within three days if changes are needed.  It is your responsibility to advise the Company of any alterations to the original order.  The Company reserves the right to increase a quoted fee in the event that the Customer requests a variation to the work agreed.  Whilst every effort will be made to assist Customers, please note that late changes cannot always by guaranteed.

 

Component parts

From time to time certain materials for our products become obsolete or no longer available from our suppliers, for example, pre-manufactured items or ribbon colours.  This is totally out of our control; however we will endeavour to re-design to reflect as closely as possible the original design using replacement products.  In all cases we will try to contact you to advise you of any such changes, however the company reserves the right to replace these with components of equal or better quality without consultation. 

 

Collection

Your order may be collected at a pre-arranged time. This will be a one hour window on a specific date. If you arrive to collect your order outside of that one hour window we cannot guarentee that we will be available to deal with your collection until the allotted time.

A signature may be required upon collection confirming that you have received your order in good condition and as specified.

If you book a collection slot and fail to collect your product, we will keep it for 24 hours and attempt to contact you to reschedule. After 24 hours, we may dispose of the cake. 

 

Delivery

Your delivery will be made at a pre-arranged time, subject to availability.  If you have a specific delivery date and require delivery before a given time, please specify this when placing your order.  We will do our best to accommodate your requirements.

It is the Customer’s responsibility to ensure that you have given us the correct delivery information, and that someone is available to receive your order.  A signature may be required for the receipt of the order upon delivery.

If the recipient is not in, the order will be returned to the Company who will contact you to arrange an alternative delivery time for which an additional charge will be payable by the customer.  The Company accepts no responsibility for any loss or consequential loss incurred by the Customer as a result, e.g. wedding without a wedding cake.

 

Setting up

Should you require your order to be delivered, the company will deliver and set up your order as agreed and will want to ensure it is displayed at its best.  It is your responsibility to ensure that you have provided the Company with the set-up details and arrangements made with the venue for the location and display of your items.  The Company cannot be held responsible for the location of your items at the venue.  Please ensure, therefore, that the display location is level, stable and strong enough to hold the cake or other items.

Please also remember that chocolate-covered items and cakes can melt in warm conditions such as inside a marquee on a hot summer’s day, or when set-up in direct sunlight.

Once the items have been collected or delivered, set up, and signed for, the Company is unable to accept liability for any interference with or damage to the items thereafter.

 

When delivering to a wedding venue, we will always contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the wedding cake we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. Should the venue need to set up the cake themselves we shall explain how the cake is to be displayed and where possible obtain a signature to verify we have done so. Once the cake has been delivered we are unable to accept and liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.

 

Cake stand hire

You may have chosen to hire a cake stand from The Dandelion Bakery. There is no charge for cake stand hire but a deposit is required in case of damage or if it isn’t returned. To hire a stand, the customer must send a cheque for the amount specified in the order form above. This cheque would then be returned to the customer the cake stand has been returned, checked and found to be undamaged. 

 

The cake stand must be returned to The Dandelion Bakery by the date specified in the order form or invoice. Collection may be arranged if required but must be stated in the order form. The Customer will need to specify whether they will be returning the stand or whether The Dandelion Bakery will be collecting at least 4 weeks before your event. 

 

In the event that the stand is damaged, missing any pieces, lost by you, a member of your wedding or the venue, or is not returned by the date specified, the cheque will be cashed, a replacement will be purchased and any monies not used will be returned to you by cheque.

 

Cancellations/refunds

Wedding cake or special order cancellations: As your wedding cake and/or special order booking is reserved solely for you and certain components for your cake/s may be ordered or made months in advance, the following conditions are implemented when an order is cancelled.

 

6 months from delivery date – 50% of the total cost will be payable

0 to 3 months from delivery date – 100% of the total cost will be payable

 

Wedding cake/special order cancellations must be made in writing.

 

Other cake order cancellations:

Full payment is required if cancellation is within 4 weeks of delivery date.  Prior to this a refund of any monies paid, less deposit, will be made.

 

Returns

We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the colour or wording is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone on 07784 967205. If a Product is not as on the Order Confirmation or damaged we will credit or refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.

 

If you are unhappy with the cake itself, please notify us within 7 days of the assumed consumption date. Our products are perishable and we assume that they will be consumed within 48 hours of delivery. For fruit cakes, the assumed consumption date is the date of your event: For weddings, this is your wedding date; for Christmas cakes, this is Christmas day. If you have not specified the date of your event then the assumed consumption date will be 48 hours after delivery.

 

We will only make a refund by cheque, bank transfer or PayPal to the original purchaser. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

 

Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.

 

We have made every effort to display as accurately as possible the colours of our products that appear on our Site and order forms and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.

 

We will not accept the return of any Products which have been purchased from any outlet other than this online Site.

 

The provisions of this clause do not affect your statutory rights.

 

Copyright

Please note that no person shall have entitlement to copy or reproduce in any form, or otherwise make use of any image, photograph, design or other document or item produced by or on behalf of the Company without the prior written consent of the Company.

 

Publication and promotion rights

By signing the Order Form or paying the invoice the Customer agrees that the Company is the sole designer and owner of the design.  All rights in any original designs created and designed by the Company shall remain the exclusive property of the Company.  From time to time our designs are published in media, e.g. wedding magazines.  We reserve the right to use any image of a Customer’s item made by the Company for publication after the delivery date unless previously agreed in writing between the Customer and the Company.

The Customer has no ownership rights over any design.  Exclusivity of designs between our Customers is not guaranteed unless the customer commissions an exclusive design.

 

Viewing

Please note that cakes or items with sponge tiers may not be completed until the day prior to or the day of the celebration to ensure the cakes are as fresh as possible.  Please prearrange viewings of any wedding cakes ordered.  The Company accepts no liability for any omissions or errors on wedding cakes if they are not viewed by the Customer prior to the wedding.

 

Allergies

 

Our cakes are made in an environment where nuts, eggs, milk, gluten and other allergens are present. Please be aware that whilst your chosen items may be made without a specified allergen, it will be prepared in a kitchen where allergens may be used in other products.  Raw materials used may not be free from allergens.  Allergy information is provided with all orders. We make every effort to ensure that allergies are accommodated.

Terms and Conditions for Visitors

This website TheDandelionBakery.com ("the Site") is owned and operated by THE DANDELION BAKERY ("us", "our" or "we").

 

This document is only available in English.

 

The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

 

When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name or password with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.

 

Our Site is established to enable you to chose and purchase products from our Site ("Products) that we offer for sale online.

 

Accessing Our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

 

From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.

 

1. Our Right to vary these Terms & Conditions

1.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

1.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

 

YOUR AGREEMENTS

YOU AGREE that:-

1.3 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;

1.4 it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;

1.5 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name and password. You will not allow others to use your user name or password and you will notify us immediately of any unauthorised use of either of them. We shall not be responsible for any losses arising out of the unauthorised use of your user name or password  and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;

1.6 we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

1.7 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);

1.8 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

1.9 variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

 

2. System Requirements

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.

3. Misuse of the Site

3.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.

3.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.

 

4. Indemnity

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

 

5. Assignment

5.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

5.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

 

6. General

6.1 We may require you to change your user name or password or any other information which permits you access to purchase Products from the Site.

6.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

6.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

6.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

6.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

6.6 The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to admin@hummingbirdbakery.com.

6.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.

6.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

6.9 We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.

6.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

6.11 We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

6.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

 

7. Intellectual Property Rights

7.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

7.2 You will infringe our rights if you copy or reproduce any part of the Site save for:

   7.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

        7.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or

        7.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or

        7.2.4 your own personal use provided that:

        7.2.4.1 no documents or related graphics on the Site are modified in any way;

        7.2.4.2 no graphics on the Site are used separately from the corresponding text; and

        7.2.4.3 the Company's copyright and trade mark notices and this permission notice appear in all copies.

        Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.

7.3 For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

 

8. Disclaimers

8.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

Concerning the Site:

8.2 You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

8.3 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

8.4 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.

8.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

 

9. Third Party Rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

 

10. Law & Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

 

11. Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from every page of our website 

12. Dispute Resolution

Please note that if you have a dispute with us which cannot be resolved amicably, the European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.

Our email address is jo@thedandelionbakery.com