Terms of Sale
Please read these terms of sale carefully.
By placing an order, you are bound by the following terms of sale.
(2) The products
We sell custom-made cakes for special occasions. See here for EBook Terms of Sale.
In these terms of sale, “we” means Shona Sutherland trading as Taystful (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(4) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us except in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps:
(a) contact us to discuss your requirements;
(b) we will send you a copy of these terms of sale, and agree with you in writing a specification for the products, a deposit and price for the products, a target delivery/collection date, delivery/collection details and delivery costs, and any other matters relating to the products and your order; and
(c) you must then pay the deposit for the products (at which point your order will become a binding contract).
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The only language in which we provide these terms of sale is English.
(5) Price and payment
A guide to prices is available on our website. Prices will be confirmed in accordance with Section 4 above.
In addition to the price of the products, you may have to pay a delivery charge, which will be as agreed when you order the product.
You may request changes to the design of a product before we begin creating the product itself. We may in our absolute discretion accept or reject requested changes. If you request excessive changes to the design, then our acceptance may be subject to additional design charges. For these purposes, excessive changes include: (a) more than 3 rounds of changes to the design of the product; (b) more than 6 changes into total to the design of the product; and/or (c) any fundamental changes to the design of the product.
Payment of the deposit must be made before we begin work on a product. The balance of the payment must be made promptly following our request for payment. We may withhold products and/or cancel the contract between us if a deposit or other payment is not received from you when due.
Payment for all products must be made by any method detailed on the website, or any other method that we may agree to from time to time.
(6) Your warranties
You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; (b) the information provided in your order is accurate and complete; (c) where we agree to deliver the products, you will be able to accept delivery of the products; and where you agree to collect the products, that you will be able to collect the products as agreed; and (d) you are at least 18 years of age.
(7) Delivery and collection policy
We will use all reasonable endeavours to make products available for collection or deliver products to you (as agreed) on or before the date that we agree in writing.
Unless expressly agreed otherwise, we will only deliver products within mainland Scotland.
The products will deteriorate over time and are sensitive to treatment (including movement), display conditions (including stability of display tables) and environmental conditions (including weather, heat, cold and humidity). After delivery or collection, you will be responsible for ensuring that the products are used on time, treated and displayed properly and kept in a suitable environment.
(8) Deposits and cancellations
You have the right to cancel contracts made under these terms of sale at any time before we begin work on the product. In order to do so, you should send us a written notice of cancellation.
Where we receive a written notice of cancellation before we begin work on the product, then:
(a) the contract between us shall be immediately cancelled;
(b) we shall retain your deposit;
(c) where we have incurred costs relating to the contract exceeding the amount of the deposit, you must pay those costs to us within 5 working days following our issuing a request for the same; and
(d) you will be entitled to a refund of any amounts paid to us in excess of the amounts referred to in sub-paragraphs (b) and (c) above, and where such amounts have not been paid to us at the date of cancellation, released from any liability to pay any such amounts. For the avoidance of doubt, notices of cancellation received by us after we have begun work on the product will be of no effect.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation under Section 8.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Consumer Contracts Regulations"), consumers may have a special right to cancel contracts entered into at a distance. However, you acknowledge that all of our products will be made to your specifications or clearly personalised, and accordingly that you will have no right under the Consumer Contracts Regulations to cancel contracts made under these terms of sale.
(11) Other statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(12) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any changes to the products following collection or delivery.
We will not be liable to you in respect of any damage to the products arising out of their treatment, display or environmental conditions following collection or delivery.
(13) General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with Scottish law, and the courts of Scotland will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.