Terms & Conditions
These terms and conditions form the basis on which the customer enters into a contract with Swinky Sweets Ltd to purchase products from Swinky Sweets Ltd. It also covers the usage of the Swinky Sweets website www.swinkysweets.co.uk or www.swinkysweets.com.
ACCEPTANCE OF CONTRACT:
Placement of an order with Swinky Sweets Ltd will form an offer by the customer to enter into a contract with Swinky Sweets Ltd, in accordance with these terms and conditions. All orders placed with Swinky Sweets Ltd will be made via the telephone. Swinky Sweets Ltd will accept the customer’s offer on reaching agreement via the telephone. The acceptance of the order by Swinky Sweets Ltd brings into existence a legally binding contract between Swinky Sweets Ltd and the customer.
PRICING AND PRODUCT DESCRIPTION
Swinky Sweets Ltd endeavours that prices quoted are correct at the time of publishing and that all goods have been fairly described and photographed, however, all details of the offer, which the customer makes to Swinky Sweets Ltd will be confirmed on the telephone. Orders will only be accepted given no errors in the description of the goods or their prices as advertised on this website. All weights, dimensions and capacities describing the goods are approximate only. Swinky Sweets Ltd cannot accept responsibility for slight variations of delivered products from the website.
PAYMENT
Swinky Sweets Ltd will take payment upon receipt of your order by credit or debit card. Full payment has to be made before any order is processed and accepted. Swinky Sweets Ltd accept no liability if a delivery is delayed due to incorrect payment details. If it is not possible to obtain full payment for the goods then we can suspend the next delivery and any further deliveries to you, the customer.
DELIVERIES
Our delivery charges vary according to the size of the order and will be confirmed when placing your order. We will deliver the goods to the address you specify for delivery in your order. Swinky Sweets Ltd does not accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).
Swinky Sweets Ltd will aim to deliver the goods by the date quoted for delivery however delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
OWNERSHIP
Ownership and risk of damage or loss of the goods passes to the customer at the time of delivery, or if the customer fails to take delivery at the agreed time, the time when Swinky Sweets Ltd tried to deliver. Goods supplied are not for resale.
CANCELLATION
CUSTOMER:
Under the Distance Selling Regulations you do not have the legal right to cancel orders of made-to-order items, which includes all our cakes and cupcakes, once an order has been accepted. If we have not yet ordered ingredients for the products ordered, the customer may cancel the contract. If we have ordered the ingredients for the products ordered, we may cancel the contract at our discretion.
COMPANY:
We reserve the right to cancel the contract at anytime. If we do cancel your contract we will notify you by e-mail or telephone and will re-credit any monies paid as soon as possible but in any event within 28 days of your order.
LIABILITY
Whilst Swinky Sweets Ltd takes all appropriate steps to deliver orders on time and not to cancel any orders, Swinky Sweets Ltd does not accept any liability for costs incurred by the customer as a result of late delivery or cancellation of the order.
Liability by both parties is strictly limited to the purchase price paid and any losses, which are a reasonably foreseeable consequence of Swinky Sweets Ltd breaking the term of the contract. Swinky Sweets Ltd will not be liable for delays, failure to deliver or other failures to meet their obligations if these were caused by events outside the control of Swinky Sweets Ltd (“Force Majeure Events”).
Your statutory rights as a customer remain unaffected.
HIRING OF EQUIPMENT
Cake stands or any other equipment hired by the customer from Swinky Sweets Ltd remain property of Swinky Sweets. The equipment must be without damage and to a set date as agreed when the order is placed. The customer is responsible for any costs associated with returning the equipment. Any damaged or missing pieces will be charged to you at their replacement cost, including any postage/handling charged to us by the supplier. Any replacement of parts or whole equipment due to staining or other damage as a result of other food or non-food items being placed on the stands will be charged to the customer.
WEBSITE USAGE
It is prohibited to undertake any unlawful, illegal or harming actions when using this website. These include but are not limited to the use of malicious computer software. Any information provided by the customer must also remain both legal and lawful and not infringe upon the legal rights of any other individual or group.
COPYRIGHT
All rights and copyright on this website are owned by or licensed to Swinky Sweets Ltd. All content on this website is in the intellectual property of Swinky Sweets Ltd unless otherwise stated. The copying or storing of items in whole or part for commercial use is prohibited without permission from authorised individuals at Swinky Sweets Ltd. It is prohibited to modify, distribute or repost anything on this website for any purpose.
OPERATIONAL IMPACT
Swinky Sweets Ltd aims to ensure that this website is free from viruses or defects. Guarantee, however that your use of this website or any websites accessible through it will not cause damage to your computer is not accepted on behalf of Swinky Sweets Ltd. Unless in the case of gross negligence on the part of Swinky Sweets, we will not be liable to any person or company for any loss, damage or defect which may arise to computer equipment as a result of using this website.
PRIVACY STATEMENT
Swinky Sweets Ltd is committed to protecting the privacy of anyone using our site and the confidentiality of any information received from its customers.
We adhere to the Data Protection Act and comply with the Act in all our dealings with your personal data. Should information such as contact details be obtained by Swinky Sweets Ltd this will be stored in a secure manner with restricted access.
From time to time, we will use the information obtained to register you with our website and to administer it, for assessment and analysis e.g. marketing, customer and product analysis, so that we may improve our offer for the customer.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Administration, 20 Park Street, Bristol, BS1 5JA.
COOKIES
A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Cookies do not contain confidential information such as your home address, telephone number or credit card details. Swinky Sweets does not exchange cookies with any third party websites or external data suppliers.
SECURITY
All reasonable steps to protect your personal information are followed, however, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence.
LEGAL JURISDICTION
This website, any content contained therein and any contract constituted as a result of using of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Should any breach of these terms and conditions lead to any form of cost to Swinky Sweets Ltd then the customer gives Swinky Sweets Ltd the right to indemnify against any such costs without limitation. Any such breach of terms and conditions may also lead to suspension, limited or no access to the Swinky Sweets website.
VALIDITY
Should at any stage, an aspect of these terms and conditions become invalid, it applies only to that precursor and as such, any other aspect to the terms and conditions remain unaffected.
THIRD PARTIES
The contract between the customer and Swinky Sweets Ltd is binding on both parties and their respective successors and assigns. The customer may not transfer, assign or otherwise dispose of their contractual obligations. Swinky Sweets Ltd may transfer, assign or otherwise dispose of their contractual obligations at any time. No third party rights are affected by these terms and conditions.
NOTICES – CHANGES TO CONTENT
Swinky Sweets Ltd reserves the right to change these terms and conditions. By entering this website, you accept any modifications to the terms and conditions unconditionally.
OUR INFORMATION
The company trades as Swinky Sweets Ltd
Our registered address is: 20 Park Street, Bristol, BS1 5JA. Company number: 06957469
We are contactable via our email: enquiries@swinkysweets.co.uk