TERMS AND CONDITIONS
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Cupcake Toppers & Cake Decorations are sold by Us to consumers through this website, https://www.simply-toppers.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Cupcake Toppers & Cake Decorations from Our Site. You will be required to read and accept these Terms of Sale when ordering Food Products. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Cupcake Toppers & Cake Decorations through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Cupcake Toppers & Cake Decorations, as explained in Clause 8;
“Cupcake Toppers & Cake Decorations”
means the products sold by Us through Our Site;
means your order for Cupcake Toppers & Cake Decorations;
means our acceptance and confirmation of your Order;
means the reference number for your Order; and
means Simply Toppers a company whose main trading address The Old Mill, Over Abington. ML12 6SF
2. Information About Us
2.1 Our Site, https://www.simply-toppers. co.uk, is owned and operated by Simply Toppers,
2.2 We are regulated by Food Standards Scotland
2.3 We are registered with South Lanarkshire Council in accordance with Food Hygiene Legislation.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 None of the Cupcake Toppers & Cake Decorations on Our Site may be purchased by anyone less than sixteen years of age.
5. Business Customers
These Terms of Sale apply to consumers only and do not apply to customers purchasing Cupcake Toppers & Cake Decorations in the course of business.
6. International Customers
Please note that we only sell to customers within in the United Kingdom and Channel Isles as we are unable to guarantee delivery to, customers outside the United Kingdom and Channel Isles. However, should an overseas customer wish to purchase from us they must accept deliver within the UK and arranged at their own expense for the goods to be shipped overseas.
7. Food Products, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Cupcake Toppers & Cake Decorations available from us correspond to the actual Cupcake Toppers & Cake Decorations that you will receive. Please note, however, the following:
7.1.1 Images of Cupcake Toppers & Cake Decorations are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Cupcake Toppers & Cake Decorations may vary; and
7.1.3 Due to the nature of the Cupcake Toppers & Cake Decorations sold through Our Site, there may be up to a slight variance in the size, of those Cupcake Toppers & Cake Decorations between the actual Cupcake Toppers & Cake Decorations and their description.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Cupcake Toppers & Cake Decorations altogether. Please refer to Clause 11 if you receive incorrect Cupcake Toppers & Cake Decorations (i.e. Cupcake Toppers & Cake Decorations that are not as described).
7.3 All Food Product descriptions provided on Our Site include a full list of ingredients. We will also indicate where a product is suitable for vegetarian and/or vegan customers and will clearly state if any Food Product contains (or may contain) any of the following which may cause allergies or intolerance’s please note, however, that some or all of Our Cupcake Toppers & Cake Decorations are prepared in the same environment and we cannot guarantee that they will be 100% free of such ingredients):
7.3.2 Other nuts
7.4 We cannot guarantee that all Cupcake Toppers & Cake Decorations will always be available at point of sale. Stock indications are provided on Our Site, however such indications are based on current production levels which may fluctuate.
7.5 Minor changes may, from time to time, be made to certain Cupcake Toppers & Cake Decorations between your Order being placed and Us processing that Order and dispatching the Food Products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Cupcake Toppers & Cake Decorations and will not normally affect your use or enjoyment of those Food Products. However, if any change is made that would affect your use or enjoyment of the Food Products, suitable information will be provided to you.
7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every month. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
7.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Cupcake Toppers & Cake Decorations at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within twenty-four hours, We will treat your Order as cancelled and notify you of this in writing via email.
7.8 In the event that the price of Cupcake Toppers & Cake Decorations you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.9 Or Cupcake Toppers & Cake Decorations are VAT exempt and All prices on Our Site exclude VAT. If the VAT requirement changes between your Order are being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.10 We offer Free Standard delivery on all Cupcake Toppers & Cake Decorations displayed on Our Site. For alternative delivery options and charges, will be presented to you as part of the order process.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Cupcake Toppers & Cake Decorations ordered including full details of the main characteristics of those Food Products;
8.4.3 Fully itemised pricing for the Cupcake Toppers & Cake Decorations ordered including, where appropriate, taxes, delivery and other additional charges;
8.4.4 Estimated delivery date(s)
8.5 We will also include a paper copy of the Order Confirmation with your Food Products.
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing via email. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within twenty four hours.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Food Products.
8.8 All our Cupcake Toppers & Cake Decorations are Hand Made and require drying time- Therefore please allow up to 3 days before your order is posted.
9.1 Payment for Cupcake Toppers & Cake Decorations and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
9.2 We accept the following methods of payment on Our Site:
“Paypal and Major credit cards”
10. Delivery, Risk and Ownership
10.1 All Cupcake Toppers & Cake Decorations purchased through Our Site will normally be delivered within 7 working days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If Royal Mail are unable to deliver the Cupcake Toppers & Cake Decorations on or by the expected delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Cupcake Toppers & Cake Decorations and the package cannot be posted through your letterbox, or left in a safe place nominated by you, Royal Mail will leave a delivery note explaining how to rearrange delivery or where to collect the package.
10.2.2 If you do not collect the Package or rearrange delivery within a reasonable period of time as stated on the card left by Royal Mail, and the Package is returned to us. We will treat the Contract as cancelled and the Cupcake Toppers & Cake Decorations if returned will be destroyed. If this happens, you will not receive a refund.
10.3 Delivery shall be deemed complete and the responsibility for the Cupcake Toppers & Cake Decorations will pass to you once We have delivered the Cupcake Toppers & Cake Decorations to the address including, where relevant, any alternative address you have provided.
10.4 Ownership of the Cupcake Toppers & Cake Decorations passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.5 Any refunds due under this Clause 11 will be made using the same payment method that you used when ordering the Food Products.
11. Problems with the Food Products
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
11.2 If any Cupcake Toppers & Cake Decorations you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect Food Products, please contact us at firstname.lastname@example.org as soon as reasonably possible and in any event within 1 day with photo proof, to inform Us of the problem, and to arrange for a refund or replacement.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Cupcake Toppers & Cake Decorations before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Cupcake Toppers & Cake Decorations for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Cupcake Toppers & Cake Decorations for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Cupcake Toppers & Cake Decorations to Us under this Clause 11 merely because you have changed your mind. Please refer to Clause 12 for more details.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include any delivery costs paid by you when the Cupcake Toppers & Cake Decorations were originally purchased.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Cupcake Toppers & Cake Decorations
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12.1 You may cancel an Order (and receive a full refund of any sums already paid) at any time before we dispatch your Cupcake Toppers & Cake Decorations by emailing; email@example.com marking subject line- CANCELATION, Orders cannot be cancelled once they have been dispatched.
12.2 To contact Us directly to cancel, please use the following details:
Email: firstname.lastname@example.org or via our contact us page
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that, due to the perishable nature of the Cupcake Toppers & Cake Decorations that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to EU consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel after receiving Cupcake Toppers & Cake Decorations if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.
12.5 Any refunds due under this Clause 12 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.
12.6 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Food Products.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply products for domestic and private use by consumers. We make no warranty or representation that the Cupcake Toppers & Cake Decorations are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Cupcake Toppers & Cake Decorations as necessary;
14.2.5 If the event outside of Our control continues for more than 4 days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 1 day of the date on which the Contract is cancelled;
14.2.6 If an event outside of Our control occurs and continues for more than 4 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site. If you would prefer to contact Us directly to cancel, please use the following details:
Telephone: 01864 502070; Email: email@example.com or via our contact us page
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 4 working days of the date on which the Contract is cancelled.
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01864 502070, by or via our contact us page
For matters relating to the Cupcake Toppers & Cake Decorations or your Order, please contact Us by telephone at 01864 502070, by email or via our contact us page
For matters relating to cancellations, please contact Us by telephone at 01864 502070, by email at firstname.lastname@example.org
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 All complaints are handled in a sensitive and professional manner.
16.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.3.1 By email, addressed to tocom
16.3.2 By contacting Us by telephone on 01864 502070
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Cupcake Toppers & Cake Decorations and services to you;
17.2.2 Process your Order (including payment) for the Food Products; and
17.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
17.3 In certain circumstances (if, for example, you wish to purchase Cupcake Toppers & Cake Decorations on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
17.4 We will not pass on your personal information to any third parties without first obtaining your express permission.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. We may not permit the assignment if there are any outstanding orders.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising there-from or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.