Definitions

The “Seller / We / Us / Our is defined as the legal entity Lindsay Pemberton. The “Buyer / You” means the person/s who buys the Cake, Patisserie or other Products sold on the website.

The Seller and the Buyer are collectively referred to as the Parties.

“The Product” is the cake/cakes/patisserie/products to be supplied by the Seller to the Buyer and as described in the invoice accompanying these terms and conditions.

“The Event” is the wedding/celebration/occasion that the Product is required for.

Entire Agreement

This Agreement forms the entire Agreement between the Parties.

Consultations

The Parties agree to a preliminary consultation via zoom, by email or telephone before the Event to confirm the design, specification of the Product. Following the consultation, the Seller will provide a quote.

An appointment for a consultation and tasting must be agreed with the Seller by email. All appointments for consultations will be confirmed by email by the Seller.

Tastings are available once a booking fee has been paid to secure the date of your Event.  Alternatively, a tasting box may be purchased prior to a booking fee being paid.  Tasting boxes will be posted out on a date at the Seller’s discrection.

Booking Fee

A Booking Fee (amount detailed during consultation) is required prior to an Event being confirmed in the order diary.  No payment, no booking.

Upon payment of the Booking Fee the Seller will reserve the date of the Event. The Booking Fee is non-refundable and non-transferable and is deducted from the final balance for the Products.

Price Quotations
All price quotations, written or verbal, are valid for 30 days from the date of the quotation.

Bespoke Cake Design

When the order is for a Bespoke Cake Design, the Seller will use its best endeavours to produce a cake which matches the design agreed with the Buyer.

The Parties agree that the Seller has the right to use artistic licence to alter the design of the Cake where needed should the design not “flow” when decorating the cake. Where a colour fabric swatch or ribbon sample has been provided to the Seller by Buyer for colour matching purposes, the Seller will do its utmost to match the colour as best as possible, but accepts no liability if it is not an exact match.

Payment and Booking Fees

The final balance less the booking fee will be due 1 month before the date of the Event as specified on the booking form.  An invoice will be sent, however, payment can be made earlier if the Buyer wishes.

Orders placed less than 8 weeks in advance of the delivery date must be paid in full. Failure to pay the final balance by the date stated on the invoice may result in the Buyer’s Cake order being cancelled.

The Seller accepts payment by bank transfer as per the payment details on the invoice.

Cancellations and Alterations

If the Buyer wishes to make alterations to the Product as detailed on the invoice, the Buyer must contact the Seller immediately.

The Seller will assess the Buyer’s request for an alteration and will notify the Buyer to confirm its effect (if any) on the price quotation and the agreed timetable ahead of the Event.

Accepting a request for the alteration of a Product order is at the discretion of the Seller. The Seller offers a bespoke service and is limited to how many orders for Product it accepts. In the event that the Buyer cancels its booking with the Seller it is unlikely that the Event date will be filled and the following cancellation charges will apply:

2 months or less – 100% of invoice cost
2 months or more – loss of deposit

Deposits are non-refundable. In the unlikely event that the Seller has to cancel the Buyer’s order, the Seller will contact the Buyer to try to agree a suitable alternative at the same price. If the Buyer does not accept the Seller’s alternative the Seller will refund to the Buyer the monies that the Buyer has paid to the Seller, less the Deposit.

Allergies

All Products are made in premises where nuts and gluten are used therefore the Product could contain traces of nuts and gluten.  It is the responsibility of the Buyer to inform its guests that traces of nuts and gluten could be present in the Products.

Damages

Collection of Cakes by the Buyer

The Seller takes photographs of the cake before the cake leaves the Seller’s premises.

For Cake collected from the Seller, the Seller requires a signed collection note by the person collecting confirming that the Cake was handed over in perfect condition. The collection note will contain detailed information on how to transport, store and handling the Cake correctly to avoid damage.  The person collecting the Cake must sign to say they the Cake was received in perfect condition and that they understand the transportation, handling and storage information.  The Seller does not accept any liability for loss or damage to the Cake once it has left our premises.

Non-edible Ingredients and Decorations

Our Goods may contain non-edible ingredients or decorations, such as plastic dowels in tiered cakes or wires in some sugar flowers. These will be detailed on the Delivery Note and must be removed before serving or eating.

Delivery and Set Up by the Seller to the Event venue

For Cake delivered to venues a delivery and set up fee is payable and is included in the invoice.

The Seller will take photographs of the cake upon delivery and set up at the venue. The Seller requires a signed delivery note by the person in charge at the venue to confirm that the Cake has been delivered to the venue and set up in perfect condition. The Buyer agrees for a member of the venue staff to sign for the Cake on delivery should the Buyer not be available to sign for the Cake in person. Should there not be anyone available to sign for the Cake once it is delivered and set up, the photograph will form evidence that the cake was as per the order specifications and in perfect condition.  The Seller is not liable for any loss or damage to the Cake once it has been delivered to the venue, set up, and the delivery and set up note has been signed.

For the avoidance of doubt, consumption of the Cake is evidence that the Cake is fit for the purpose supplied.

Cake Stand Hire

A fee is chargeable for all Cake Stand Hire, the amount is subject to which Cake Stand Is required.  In addition, a  £70 safe returns deposit is required for all Cake Stand Hire.

The Buyer accepts responsibility for the cake stand whilst it is at their venue or in their possession. The cake stand must be returned to the Seller within 3 days of the Event.

In the event of damage to the cake stand the cash deposit will not be refunded.  Late returns of Cake Stands which be subject to £5 per day late fee.

Photography
The Seller is entitled to use any image or photograph of the Cake (taken by the Seller) for use in its publicity and promotional material, including publication in wedding magazines at a later date unless a request has been made in writing not to and this has been agreed with the Seller.

Reviews

You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

You undertake that any review, feedback or rating that you write shall:

Comply with applicable law in the UK and the law in any country which they are posted;
Be factually accurate;
Contain genuinely held opinions (where applicable)
Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving;
Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence;
Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party; and
Not be used to impersonate any person, or to misrepresent your identity.

You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

You grant us and our affiliate companies a non‐exclusive, royalty‐free worldwide license to use or edit any reviews posted by you.

We reserve the right to publish, edit or remove any reviews

COVID-19

If your celebration is unable to go ahead due to government restrictions surrounding COVID-19 and you wish to postpone your order, both parties must agree to the new proposed date and any postponements will incur an administration fee of £75. We are unable to offer any refunds for cancellations under these circumstances.

If we are required to close Lindsay Pemberton Wedding Cakes & Patisserie due to government restrictions surrounding COVID-19 and are therefore unable to fulfil your order, we will work with you to try to agree a suitable alternative date for delivery. If you do not wish to accept our suggested alternative, then we will refund the full price to you.

Product Information

The images on the website are examples of our cakes. All our products are hand-made and can be ordered in different sizes from those shown on the website, your cake may have variations from the website image.

Force Majeure

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:

Strikes, lock‐outs or other industrial action;
Shortages of labour, fuel, power, raw material
Late, defective performance or non‐performance by suppliers;
Private or public telecommunication, computer network failures or breakdown of equipment;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Acts, decrees, legislation, regulations or restrictions of any government; and
Other causes, beyond our reasonable control.

Our performance will be deemed to be suspended for the period that the event or Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

Where the period of non‐performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

Complaints

If you wish to make a complaint to us or let us know any concerns after receiving the Goods, please do so in writing. Evidence of any faults, damages or discrepancies should be included. Any refunds will be given entirely at our discretion.

Terms Of Website Use

Overview

This website is operated by Lindsay Pemberton Wedding Cakes & Patisserie. Throughout the site, the terms “we”, “us” and “our” refer to Lindsay Pemberton Wedding Cakes & Patisserie. Lindsay Pemberton Wedding Cakes & Patisserie offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Cloudways Ltd and utilises the WooCommerce platform. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modification To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products Or Services (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 – Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 – User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 – Errors, Inacuracies  And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 – Disclaimer Of Warranties; Limitation Of Liabilities

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lindsay Pemberton Wedding Cakes & Patisserie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Lindsay Pemberton Wedding Cakes & Patisserie, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 19 – Contact Information

Questions about the Terms of Service should be sent to us at hello@lindsaypemberton.com