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 LLC. We will accept payments via credit card or Venmo. If payment is not received by the date specified this shall be constituted as a breach of contract by the client. We reserve the right to hold the order until payment is made in full. When payment is late, we accept no responsibility should we be unable to purchase the required stock or equipment to make the cake as laid out in the order confirmation.

 

CAKES, CUPCAKES, & MACARONS

We guarantee that on delivery or pickup, the order shall meet the expectations of their description as set out in the invoice. We are 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. Our guarantee does not apply to any defect in the order arising from wilful 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. Our bakery’s environment is exposed to nuts, egg, milk, gluten, and other allergens present. We cannot ensure that any cake is entirely allergy free although we make every effort to ensure that allergies are accommodated. We cannot warrant an exact replica of any cake or macaron, but we will do our best to resemble it. Where colour swatches are provided, we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed. Fresh & edible rice paper flowers as well as rice paper sculptures are an additional charge. We 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 LLC remain the property of the business until paid for in full. Any renderings and descriptions we issue either through direct messages or on our social media are the property of Tortoise Cakes LLC.

 

DELIVERY & PICKUP COLLECTION

All orders may be collected by pickup free of charge by prior arrangement. We 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 must be delivered by Tortoise Cakes LLC. We will deliver the order on the date stated in the invoice confirmation to the address provided. We do not offer specific delivery times. Tortoise Cakes LLC will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services, however our 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, we will contact the venue in advance to arrange a time for delivery. If we set up an order, we will photograph the order before leaving and, if possible, obtain a signature from the venue confirming the order’s been received in good condition. Should the venue need to set up the cake themselves, we shall explain how the cake is to be displayed and obtain a signature for verification. Once the order has been delivered, we are 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 us 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

Please note all orders confirmed by payment are non-refundable 30 business days out from the due date. If the customer wishes to cancel an order placed within the window of opportunity to do so, they may receive back 75% of their deposits. 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 we will carry any payment forward to the new order date. Please be aware that we 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, we reserve the right to resale or toss the order after one business day of holding it.

 

ORDER ALTERATIONS

You may, prior to 2 weeks before the order’s due date, amend your order by providing us with 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 LLC reserves the right to cancel, vary or suspend the operation of this contract if uncontrollable events occur that affect our business: death, fire, floods, storm, plant breakdown, strike, state or nationwide lockdowns, riot, hostilities, and non-availability of materials or supplies. Tortoise Cakes LLc shall not be liable for any breach of contract resulting from such an event. In this situation we will provide the customer with a written notice and a refund of the full amount paid. Tortoise Cake LLC may at its discretion, give store credit to a customer depending on the circumstances. Tortoise Cakes LLC is not liable for death or personal injury arising from any negligence on our part.

 

COMPLAINTS

Complaints are uncommon, due to the nature of the amount of work we put into each individual order. We take them very seriously. Any issues must be brought to our 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 the Tortoise Cakes LLC 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 us 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 us the opportunity to correct them. Once payment has been handed over this confirms that decoration is as requested, and no further claims can be made. Wedding cake or big event clients will be sent a detailed sketch 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 us concerning their order. A complaint regarding the quality of a cake, cupcake, or macaron; 3/4 of it must be returned to us as soon as possible after cutting and within 48 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint. Please note we 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 LLC. We reserve the right to use images of a customer’s cake 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 LLC 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.