Terms and Conditions

  TERMS AND CONDITIONS 

BACKGROUND: 

These Terms of Sale, set out the terms under which products 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 products from Our Site. You will be required to read and accept these Terms of Sale when ordering.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order products through Our Site. These Terms of Sale are in the English language only.

Definitions and Interpretation 

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Products”

means the Cupcake Toppers and Cake Decoration products sold by Us through Our Site;

“Order”

means your order for Products.

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“We/Us/Our”

means Simply Toppers a company whose main trading address The Old Mill, Over Abington.   ML12 6SF

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.

Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 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.

3.3 Use of Our Site is subject to our Website Terms of Use and our Website privacy policy as shown above.

Age Restrictions

4.1 None of the Products on Our Site may be purchased by anyone less than sixteen years of age.

Business Customers

These Terms of Sale apply to all consumers purchasing Products including those with Wholesale Accounts.

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.

Food Products, Pricing and Availability

7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from us correspond to the actual Products you will receive. Please note, however, the following:

7.1.1 Images of Products 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 Products may vary: and

7.1.3 Due to the nature of the Products sold through Our Site, there may be up to a slight variance in the size, of those Products between the actual Products 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 Products altogether. Please refer to Clause 11 if you receive incorrect Products (i.e. Products 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):

7.3.1 Peanuts

7.3.2 Other nuts

7.3.3 Soya

7.4 We cannot guarantee that all Products 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 Products 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 Products 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 and arrange any refund if applicable. 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.

7.8 In the event that the price of Products 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 Our Products are VAT exempt and All prices on Our Site exclude VAT.

7.10 We offer Free Standard delivery on all Products displayed on Our Site. For alternative delivery options and charges, will be presented to you as part of the order process.

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 Products ordered including full details of the main characteristics of those Food Products.

8.4.3 Fully itemised pricing for the Products ordered including, where appropriate, delivery and other additional charges.

8.5 We will also include a paper copy of the Order Confirmation with your 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.

8.8 All our Products are Hand Made and require drying time- Therefore please allow up to 3 days before your order is posted.

Payment

9.1 Payment for all items 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”

Delivery, Risk and Ownership

10.1 All items 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 your order 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 your order 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 goods 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 Products will pass to you once We have delivered the Products to the address including, where relevant, any alternative address you have provided.

10.4 Ownership of goods 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.

Problems with the Food Products

11.1 By law, We must provide products 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 products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect Products, please contact us at contact@simplytoppers.co.uk 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 also note that you may not return and products 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 products were originally purchased.

11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Products

11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Cancellations

12.1 You may cancel an Order (and receive a full refund of any sums already paid) at any time before we dispatch your Products by emailing; toppers@simplytoppers.com marking subject line- CANCELLATION, Orders cannot be cancelled once they have been dispatched.

12.2 To contact us directly to cancel, please use the following details:

Telephone: 01864 502070;

Email: contact@simplytoppers.co.uk 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 Products that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to, you also cannot cancel merely because you have changed your mind.

12.5 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Food Products.

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 supply products for domestic, private, and business consumers. 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 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.

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 reason 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 on availability of Products, as necessary.

However, for your convenience, If you would prefer to contact Us directly to cancel, please use the following details:

Telephone: 01864 502070; Email: contact@simplytoppers.co.uk 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.

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 Products on your Order, please contact Us by telephone at 01864 502070, by email or via our contact us page

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 contact@simplytoppers.co.uk

16.3.2 By contacting Us by telephone on 01864 502070

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 Products and services to you

17.2.2 Process your Order (including payment) for the 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 We will not pass on your personal information to any third parties without first obtaining your express permission.

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 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.

18.3 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.

18.4 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.

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.

  1. Social Media Abuse Policy

Nowadays few people tolerate trolling, extortion, and cyber-bullying against people on social media any longer, and quite rightly too.  However, some people still think it is OK to treat companies differently.  Companies are made up of real people and, here at Simply Toppers, we do not tolerate any form of abuse or bullying against our work colleagues.  We have therefore implemented a policy following the advice of various business groups and industry bodies.  This policy is summarised here:

If The Customer decides not to contact Us about something they are unhappy with but decides to take to social media instead, then we must deduce that there was no genuine intention to report an issue and seek help that the intention was simply to damage The Companys reputation via social media rather than report a legitimate problem or concern.

We stress that we are in no way trying to control what people post on social media this policy applies only to people who have used social media as their first port-of-call and who have decided not to contact Us.  Just as our customers can choose who not to make cakes for, so Simply Toppers have the right to decide who we wish to do business with.  If there is no trust or professional respect, if the intention is clearly to cause damage rather than seek a genuine solution, then we will exercise that right and will decline future orders from that customer