*PRICE & PAYMENT*

Orders are not confirmed until a deposit of 50% of the total sale has been made. The remainder of a sale must be paid in full the day of an order pickup or delivery, otherwise an interest fee of 5% of the amount owed will be applied for every day after the order’s due date. It is the responsibility of the client to ensure payment is on time. Once your deposit has been received you are in a legally binding contract with Tortoise Cakes. I will accept payments with debit or credit card via the Square processing app. If payment is not received by the date specified this shall be constituted as a breach of contract by the client. I reserve the right to hold the order 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 order confirmation

*CAKES, CUPCAKES, & MACARONS*

I guarantee that on delivery or pickup, the order shall meet the expectations of their description as set out in the invoice. I’m not held responsible for customer dissatisfaction of the design or taste of an order. It is the customer’s responsibility to ensure all details within the order invoice are true and accurate upon signing the agreement. My guarantee does not apply to any defect in the order arising from willful damage, accident, negligence by the customer or any third party; if the cake is used in a way not recommended, or failure to follow instructions. My bakery’s environment is exposed to nuts, egg, milk, gluten, and other allergens present. I cannot ensure that any cake is entirely allergy free although I make every effort to ensure that allergies are accommodated. I cannot warrant an exact replica of any cake or macaron, but I will do my best to resemble it. Where colour swatches are provided, I will do my best to match as close as deemed possible. Exact colour matches are not guaranteed. Fresh & edible rice paper flowers as well as rice paper sculptures are an additional charge. I reserve the right to replace materials and ingredients with equal or better quality without consultation. Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption. All goods purchased from Tortoise Cakes remain the property of the business until paid for in full. Any renderings and descriptions I issue either through direct messages or on my social media are the property of Tortoise Cakes.

*DELIVERY & PICKUP COLLECTION*

Some orders may be collected by pickup free of charge by prior arrangement. I accept no responsibility for any damage sustained to an order once it has left the premises. Any order placed that contains 2-3 tiered cakes above 18″ in height must be delivered by Tortoise Cakes. I will deliver the order on the date stated in the invoice confirmation to the address provided. Tortoise Cakes will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services, however my business cannot accept liability for time delays. If the delivery address changes after the order has been confirmed additional charges may be added to cover extra mileage. When delivering to a venue, I will contact the venue in advance to arrange a time for delivery. If I set up an order, I will photograph the order before leaving and, if possible, obtain a signature from the venue or event coordinator confirming the order’s been received in good condition. Should the venue and/or coordinator need to set up the cake themselves, I shall explain how the cake is to be displayed and obtain a signature for verification. Once the order has been delivered, I’m unable to accept liability for any damage sustained to the order thereafter, nor any failure to follow the instructions provided. The stand(s) rented, must be returned to me in a good, clean condition within 5 days of the event. Should the stand(s) be returned broken or damaged, the cost of the replacement stand will be charged.

*CANCELLATIONS & REFUNDS*

I do offer a refund, if you should cancel your order within seven (7) days of its collection date. Please note that there is a 25% order processing fee that is not refundable, and will take 7 days to process. In the case of an event postponement, the payment due remains the same. If you postpone within 30 days of the event, half the remaining cost will be due on the original payment date. If you postpone less than one month prior to the event, the outstanding balance remains payable on the original due date. Subject to availability, I will carry any payment forward to the new order date. Please be aware that I will only do this on one occasion. Any further postponements will be classified as a cancellation. Postponements may also be subject to an increase in costs, in line with the annual cost of inflation, depending on the duration of the postponement. If for any reason a customer fails to collect their order, I reserve the right to resale or toss the order after one business day of holding it.

*ORDER ALTERATIONS*

You may, prior to three months before the order’s due date, amend your order by providing me with a written notice. In the case of alterations, a new order invoice will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order invoice has been issued. Tortoise Cakes reserves the right to cancel, vary or suspend the operation of this contract if uncontrollable events occur that affect my business: death, fire, floods, storm, plant breakdown, strike, state or nationwide lock downs, riot, hostilities, and non-availability of materials or supplies. Tortoise Cakes shall not be liable for any breach of contract resulting from such an event. In this situation, I will provide the customer with a written notice and a refund of the full amount paid. Tortoise Cake may at its discretion, give business credit to a customer depending on the circumstances. Tortoise Cakes is not liable for death or personal injury arising from any negligence on my part. 

*COMPLAINTS*

Complaints are uncommon, due to the nature of the amount of work I put into each individual order. I take them very seriously. Any issues must be brought to my attention within 48 hours of pickup or delivery collection, to give a fair opportunity to assess the nature of the complaint. The customer agrees to not post any negative information about Tortoise Cakes arising out of this contract or any online forum, social media platform, or website, without providing advance written notice of the intended content thereof and providing me with a prior opportunity to resolve any issue amicably. In the case of a complaint concerning the decoration of an order; can be easily repaired. But must be pointed out upon delivery/collection so as to give me the opportunity to correct it. Once payment has been handed over this confirms that decoration is as requested, and no further claims can be made. Clients will be sent detailed reference photos of their cake & dessert bar prior to the event. It is the client’s responsibility to check that this meets their requirements and communicates any issues with me concerning their order. In the case of a complaint regarding the quality of a cake, cupcake, or macaron; 75% of the total product must be returned to me as soon as possible after cutting and within 48 hours of collection/delivery to ensure that I’m able to fairly assess the nature of the complaint. Please note I can only deal with the client who placed the original order.

*GENERAL TERMS*

All designs and intellectual property rights remain the property of Tortoise Cakes. I reserve the right to use images of a customer’s order 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 Tortoise Cakes for your own benefit. This contract together with the order invoice document provided, constitutes the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this contract, it supersedes and cancels all prior discussions, whether oral or written, between the parties. Nothing in this paragraph excludes any liability for fraudulent misrepresentation. The parties agree to submit to the non-exclusive jurisdiction of the US courts.