TERMS & CONDITIONS

Below you will find:

• • • Terms & Conditions of Trading
    • Site Terms of Use

TERMS & CONDITIONS OF TRADING

• • 1. Standard Terms and Conditions of Trading: These terms form the basis of the contract between our Client and Alchemy of Sugar. These Terms, your Order/Commission, and your Commission Confirmation are considered by us to set out the whole agreement between you and us for the sale of Cakes & Confection. It is your responsibility to check all details in the Commission Confirmation are complete and accurate as this is the document we work to when completing your Order/Commission.
    2. Basis of Sale:
       1. Any quotes./designs prepared by Alchemy of Sugar for the Wedding & Celebration Design Services (also known as The Wed Luxe Service and The Let’s Celebrate Service) remain the property of Alchemy of Sugar and are for the intended Client only, they shall not be shared with competing businesses.
       2. Any quotes are valid for 7 calendar days from the day of issue.
       3. All images, including those in the site shop, are examples of design intentions only. As Cakes & Confection are natural, handmade, artisan products they will differ slightly. Servings are calculated at industry standards based on approx height & diameter.
       4. No contract is made with you until we have received your Reservation Fee (if you are paying in full, that includes your reservation fee). Once your payment has been received you are in a legally binding contract with Alchemy of Sugar.
  • 3. Products:
       1. We warrant that on delivery or collection the Cakes shall conform to their description as set out in the Commission Confirmation, be of satisfactory quality, and comply with all food safety, statutory and regulatory requirements in the UK. We will not be held responsible for Client disappointment of the design or the interpretation of the cake as long as it is made in line with the Client’s pre-agreed requirements set out in the Commission Confirmation and will face no consequent liability. It is the Client’s responsibility to ensure all details within the Commission Confirmation and sketch are correct and meet their exact requirements.
       2. The warranty does not apply to any defect in the Cakes arising from wilful 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.
       3. The cakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. I cannot guarantee that any cake is entirely allergen free, although I make every effort to ensure that allergies are accommodated.
       4. Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption.
       5. The cake is a fresh product containing no additives or preservatives and it is my 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.
  • 4. Price & Payment:
       1. Reservation Fee for the Wedding & Celebration Design Services (also known as The Wed Luxe Service and The Let’s Celebrate Service) is non refundable/transferable. Once the reservation fee is received, you are in a legally binding contract with Alchemy of Sugar. No dates are Reserved without receipt of the Reservation Fee.
       2. It is the responsibility of the Client to ensure any payments are made on time. Please allow at least 3 working days for clearance by bank transfer. Late payments will incur a £25 charge and I reserve the right to hold the Commission until payment is made in full.  When payment is late I accept no responsibility should I be unable to purchase the required stock or equipment to make the cake as laid out in the Commission Confirmation. In these circumstances, the cake will be made as close to the date in the Commission Confirmation as possible with no redress or liability on Alchemy of Sugar.
       3. Alchemy of Sugar and the Client expressly agree that the cakes and all goods purchased from Alchemy of Sugar remain the property of Alchemy of Sugar until paid for in full.
  • 5. Collection/Delivery:
       1. All sales are final upon collection/delivery.
       2. Clients who collect, take full responsibility for ensuring the cake arrives securely to its destination. I recommend all cakes are transported flat in the boot of a car, upon a non-slip mat (which I provide, included in price).
       3. If delivery has been requested, we will deliver the cake on the day set out in the Commission Confirmation to the address provided. We do not offer specific delivery times. Alchemy of Sugar will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however we cannot accept liability for delays and time shall not be of the essence.
       4. If the delivery address changes after the Order/Commission has been confirmed additional charges may be added to cover extra mileage.
       5. When delivering to a wedding venue, we will 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 any liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided.
       6. If the cake is delivered with a cake stand, a security deposit will be payable with the final balance. The stand must be returned to us in a good, clean condition within 3 days of the wedding. Upon the return of the stand, the deposit will be refunded via bank transfer with 5 working days. Should the stand be returned broken or damaged, the cost of the replacement stand will be deducted from the security deposit.
  • 6. Alterations, Postponement  & Cancellation:
       1. Alterations: reasonable requests for small alterations made after the Commission Confirmation (to the cake or delivery/collection), will be accommodated where possible. Alterations are not confirmed as happening until a revised Commission Confirmation is sent to you. No changes can be made after two weeks before the agreed date of collection/delivery for Celebration Cakes and 1 month for Wedding Cakes.
       2. In the event of a cancellation by yourselves, charges due are as follows:
          • More than ninety days prior to the date: reservation fee only.
          • Ninety days to one calendar month prior to the date: reservation fee plus half the remaining cost.
          • Less than one calendar month prior to the date: full amount
          • Any payments previously made are not refundable.
       3. In the event of postponement, payment due remains as previously communicated in the Commission Confirmation on the original dates. However I will try to work with you on a new date if I am available (I will only do this once). Should work have commenced on elements of the cake, or stock with limited shelf life have been purchased, and either cannot be reused for the new date, then these elements will have to be recharged for. If I am not available for your new date, or your chose to postpone a second time, this will be a cancellation by yourself and charges due are as above.
       4. Alchemy of Sugar reserves the right to cancel, vary or suspend the operation of this contract if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing): fire, floods, storm, plant breakdown, strike, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Alchemy of Sugar, and Alchemy of Sugar shall not be liable for any breach of contract resulting from such an event. In this situation we will provide you with written notice and any booking fees paid are non-refundable and we refer to our cancellation policy. As such we advise you to purchase wedding and event insurance.
       5. Alchemy of Sugar’s liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Alchemy of Sugar, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim.
       6. Alchemy of Sugar shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Alchemy of Sugar’s statutory liability for death or personal injury arising from any negligence on Alchemy of Sugars part or liability imposed by statutory implied terms in Consumer Contracts.
  • 6. Customer Satisfaction:  Complaints are very rare and due to the amount of work put into each individual cake I take them very seriously.
       • Complaints regarding the decoration of cakes must be pointed out upon delivery/collection to give the opportunity for correction. Once payment has been handed over and delivery/collection made, this confirms that decoration is as requested and no further claims can be made.
       • Where the complaint is in regards to the quality of the cake: then the cake, or remainder of the cake/tier, must be returned to Alchemy of Sugar as soon as possible after cutting and within 48 hours of collection/delivery, to ensure that I am able to fairly assess the nature of the complaint.
       • Both Parties agree to not post any negative information about the other arising out of this Contract or Event on any online forum or website without providing advance written notice of the intended content thereof, and providing the other party with a prior opportunity to resolve any issues between the parties amicably.
       • Please note I can only deal with the client who placed the original order.
  • 7. General:
       • All designs and intellectual property rights remain the property of Alchemy of Sugar.
       • I reserve the right to use images of your cake for any form of advertising including web based promotions, brochures, galleries and competitions.
       • It is advisable that you make a copy of all documentation received from Alchemy of Sugar for your own benefit.
       • This Agreement together with Commission Confirmation documents provided constitute the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent that such statement, representation, warranty or understanding is incorporated into this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement, representation, warranty or understanding made prior to this Agreement. Nothing in this paragraph excludes any liability for fraudulent misrepresentation.
       • In the event that any one or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted.
       • The parties agree to submit to the non-exclusive jurisdiction of the English courts.
       • Any headings utilised in this Agreement have been inserted for the convenience of reference only and should in no way restrict or otherwise affect the construction of the terms and conditions hereof.

SITE TERMS OF USE

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the alchemyofsugar.com website (the “Service”) operated by Alchemy of Sugar (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of Alchemy of Sugar ∙ Cake Artistry ∙ Luxury Cakes, South West London UK and its licensors.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Alchemy of Sugar ∙ Cake Artistry ∙ Luxury Cakes, South West London UK.

Alchemy of Sugar ∙ Cake Artistry ∙ Luxury Cakes, South West London UK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Alchemy of Sugar ∙ Cake Artistry ∙ Luxury Cakes, South West London UK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us.