Terms & Conditions of Sales
PLEASE NOTE: This site is directed at United Kingdom resident customers only. If you are not resident in the United Kingdom, please feel free to browse and enjoy the site, but unfortunately Dianne is unable to accept any orders outside of the UK.
Any commercial use of personal information collected by the website owner will be subject to the terms of the Data Protection Act 1998.
1 The Contract Between Us
Payment must be received for the whole of the price for the goods that you order before your order can be accepted (unless otherwise agreed). Once payment has been received you will receive a confirmation email at the email address you provide in your order form stating that your order has been accepted. Our acceptance of your order brings into existence a legally binding contract between us.
2 Price
2.1 The prices payable for goods that you order are as set out in the website. Or in some cases as previously discussed and agreed between us
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Click here for delivery terms and charges.
3 Right For You To Cancel Your Contract
If your order has been partially or fully made and falls under any of the following categories then PLEASE NOTE
The following are exempt from cancellation by you in line with The Office of Fair Trading Regulation 13
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods (edibles/perishables and made to order items are exempt from this clause). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 3.2 To cancel your contract you must notify us in writing to
Dianne@DiannesCakeDesigns.co.uk Any cancellations by phone must be confirmed in writing within the permitted cancellation period.
3.3 If you have received the goods before you cancel your contract then you must contact us first before sending the goods back to us at your own cost and risk.
If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4 Cancellation By Us
4.1 We reserve the right to cancel the contract between us if:
• we have insufficient stock to deliver the goods you have ordered;
• we do not deliver to your area; or one or more of the goods you ordered was listed at an incorrect price due to a
typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by email and will re-credit your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer an additional compensation for disappointment suffered.
5 Delivery Of Goods To You
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Please make sure that your address is correct when placing your order
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. Or in good time for a previously discussed and mutually agreed date in the case of edible/perishable made to order goods.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6 Liability6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing of the problem within 10 working days of the delivery of the goods in question by writing to us at
Dianne@DiannesCakeDesigns.co.uk. We cannot accept responsibility for any damages which have occurred during transit.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, or by the previously mutally agreed date, we shall have no liability to you unless you notify us in writing of the problem within 40 days of the date on which you ordered the goods by writing to us at
Dianne@DiannesCakeDesigns.co.uk
6.3.1 If you notify a problem to us under either Condition 6.1 or Condition 6.2, our sole and exclusive obligation will be, at your option:
6.3.2 to make good any shortage or non-delivery; or
6.3.3 to replace or repair any goods that are damaged or defective; or
6.3.4 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of, under or in connection with the contract between us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under Condition 6.3.3 above.
6.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.6 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7 NoticesUnless otherwise expressly stated in these Conditions, all notices from you to us must be in writing and sent to us at
Dianne@DiannesCakeDesign.co.uk and all notices from us to you will be displayed on our website from time to time.
8 Events Beyond Our Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9 Invalidity
If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which we exclude our liability to you) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.
10 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy. Click here for our privacy policy.
11 Third Party Rights
Notwithstanding any other provision of the contract between us, nothing in the contract between us confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
12 Entire Agreement
12.1 These Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our contract relating to the supply of the goods to you by us.
12.2.1 We reserve the right to amend all or part of these terms and conditions without prior notice, also the right to update prices of goods for sale, and postage costs in line with Royal Mail updates and to include a packaging and handling charge where appropriate.
Placing an order and making a purchase is an acceptance of these Terms and Conditions. They are in place to protect you as a consumer and us as a business. If you do not agree with any or all of the above Terms and Conditions then please do not place an order or make a purchase.
Thank you for reading the above T&C.
Dianne