In the following terms and conditions/terms of service, TIHMILY CAKES will be referred to as the “SELLER” providing “GOODS” to you, the “BUYER”.
TIHMILY CAKES is a confectionary and sweet treat baker situated in Boston, Bellville. Its primary business is the baking and decoration of confectionary items including, but not limited to, Cakes, Cupcakes, Macarons, Desserts, and Sweet Treats. TIHMILY CAKES is certified by the Western Cape Department of Health and conducts its operations within the governance of government by-laws. TIHMILY CAKES is situated in a private residence and BUYERS can only collect GOODS at appointed collection times. At no other times will BUYERS be allowed on or in the premises. No consultations will be done on the SELLER’s premises.
It is every BUYER’s responsibility to read and understand these terms and conditions/ terms of service before ordering any GOODS from the SELLER.
Invoices and quotes are only valid within the dates of creation and expiration provided to the BUYER by the SELLER.
TIHMILY CAKES RESERVES THE RIGHT TO PATRONAGE.
The SELLER only produces GOODS as invoiced to the BUYER.
A. PAYMENTS (BOOKING FEES AND CANCELLATIONS)
- All prices quoted/invoiced are in ZAR (South African Rand). BUYERS making international payments should consult their bank for additional charges when making payment and should include these when making payment. The SELLER will hold the BUYER responsible for additional banking fees resulting in international No GOODS will be released unless paid for in full.
- Payments are to be made by form of EFT. Cash is accepted by prior arrangement only. No other forms of payment will be accepted.
- Your payment reference is the name of the BUYER whose name will be on the invoice sent by the SELLER. If another name is used other than the name on the invoice the GOODS will be deemed as unpaid and will not the released.
- The SELLER requires a booking fee in order to deliver GOODS to the BUYER which serves as a confirmation of the booking. Should this booking be longer than 2 weeks prior to the delivery / collection date, a total amount relating to 50% of the order cost has to be paid to the SELLER to secure the The remaining 50% has to be paid 1 week prior to collection / delivery. The booking fee is non-refundable!
- If an order is placed on short notice, the BUYER is required to make full payment within 24 hours. Short notice bookings are less than 1 week from the collection / delivery Failure to do this within the given time period (24 hours) will result in an automatic cancellation of the order!
- Invoices and quotes are valid for specific time periods only. Failure to make any payments within these time periods will result in the immediate cancellation of orders.
- If invoices / quotes expire, and the BUYER requires a new invoice / quote, a R150 administration fee will be added to the invoice / quote. The new invoice / quote can carry an increase in prices which will be at the SELLER’s discretion.
- Payments are only considered received when they reflect in our account.
- No GOODS will be released until full payment is confirmed by the SELLER.
- Should the BUYER cancel an order due to death, a death certificate will be required for the refund. The refund, should it fall within 1 – 2 weeks of the delivery / collection, will be 50% of the total order given the SELLER’s discretion with regard to preparation done. Should the cancellation be 2 weeks or longer prior to collection / delivery, the SELLER will refund the BUYER 75% of the total cost of the order. Should the BUYER cancel within less than 1 week from collection / delivery, 5%-20% will be refunded at the SELLER’s discretion.
- Should the SELLER cancel an order, the Buyer will receive a 100% refund on their order.
- Where a booking fee is paid and the booking is re-scheduled more than 2 weeks prior to collection / delivery, the booking fee is valid for 90 If no new booking is confirmed within 90 days, the booking will automatically be cancelled and no monies will be paid back from the SELLER to the BUYER.
- Should a BUYER cancel an order due to covid related illness, the SELLER will refund the BUYER 75% of the order if the cancellation is prior to 2 weeks from collection / delivery.
- Should the BUYER cancel an order due to covid related illness, the SELLER will refund the BUYER only 50% of the order if the cancellation is within 1 – 2 weeks of collection / delivery.
- Should the BUYER cancel an order due to covid related illness, the SELLER will refund the BUYER only 5%-25% of the order if the cancellation is within 1 week of collection / delivery at the SELLER’s discretion. Where GOODS have already been made, no refunds will be allocated and the BUYER will be required to arrange for a 3rd party to collect their GOODS.
- No production of GOODS will commence until payment is received by the SELLER.
- Where a BUYER gives verbal consent for the SELLER to commence preparation of certain GOODS, and the BUYER cancels, the BUYER will be billed and held accountable for payment on GOODS prepared (these include fondant toppers, cake toppers, purchases to work out quotes, fuel expenses, etc.).
- Consultations between the SELLER and BUYER are by appointment only!
- Where the BUYER requires tasters for the consultations, an invoice will be sent from the SELLER to the BUYER, which would need to be paid 4 days before the consultation. If it is a short notice consultation, payments need to be made within 24 hours.
- Consultations, as stipulated in the INTRODUCTION, will not be held on the SELLER’s premises, but at an agreed upon time and place by the SELLER and BUYER.
- If the BUYER is late for the consultation, the SELLER has the right to bill the BUYER for time spent p/hour.
- It is the BUYER’s responsibility to communicate any time delays to the SELLER.
- A reasonable waiting time of 15 minutes would be allowed by the SELLER. Thereafter, the SELLER will charge the BUYER R450 p/hour.
C. CHANGES / ALTERATIONS TO ORDERS
- Changes / Alterations can and will only be made at the discretion of the SELLER!
- Should the BUYER require any changes to their GOODS, it is their responsibility to let the SELLER know immediately. These changes include dates, quantities, colour schemes, etc.
- Should the BUYER fail to notify the SELLER within reasonable time of changes / alterations, the SELLER can, if able to do so, apply these changes / alterations at cost to the BUYER where and how applicable.
- Should the BUYER notify the SELLER within 7 days of changes / alterations, the BUYER will be required to pay such alterations within 24 hours given the SELLER’s discretion to apply such changes.
- Should the BUYER notify the SELLER prior to 2 weeks of delivery / collection of changes / alterations, the BUYER will be required to pay such alterations within 2 weeks of the delivery / collection.
- Should the BUYER request any alterations / changes within 2 weeks of the delivery / collection date where the GOODS in question is lessened in quantity, the SELLER will not refund the BUYER for such GOODS as it is deemed short notice.
- Should the BUYER request any alterations / changes longer than 2 weeks before the collection / delivery date, the SELLER will refund the BUYER only up to 25% of the order, which excludes the booking fee.
- It is the BUYER’s responsibility to convey the correct information and requirement for GOODS ordered. The BUYER cannot hold the SELLER responsible for incorrect GOODS baked at lack of BUYER correspondence.
- Once the BUYER has collected their GOODS, they take full responsibility for the transportation, storage and handling of these GOODS.
- The BUYER cannot hold the SELLER responsible for damages once the GOODS have left the SELLER’s premises.
- Where the SELLER delivers GOODS, it is the BUYER’s responsibility to check said Where the buyer is unable to do so, it is the BUYER’s responsibility to appoint a 3rd party to check these GOODS. Once the GOODS are in the 3rd party’s possession, the SELLER is exempt from any damages whatsoever.
- The SELLER will take photos of all GOODS prior to delivery / collection as well as once delivered and packed as arranged with the BUYER. Once the SELLER delivers and packs said GOODS, they are indemnified of all responsibility. It is the BUYER’s responsibility to make sure all correct storage and facilities are in place once the SELLER arrives with said GOODS. The SELLER has no responsibility to source storage for the BUYER’s GOODS.
- Should damages occur to GOODS within the BUYER / 3rd party’s possession, the SELLER could assist with altering and correcting said This is to the BUYER’s account and will be billed at an hourly rate of R450 p/hour with charges being applied to the BUYER’s account in 60 minute increments.
- Should the BUYER be unable to collect GOODS, a 3rd party has to be appointed by the BUYER to collect said GOODS. The 3rd party will be responsible for signing a waiver supplied by the SELLER releasing them of all responsibility and solely applying responsibility to the appointed 3rd party as appointed by the BUYER.
- Should the BUYER collect their own GOODS, they will be required to sign a waiver themselves, which would stipulate full responsibility from the SELLER to the BUYER and completely binding responsibility of GOODS to the BUYER.
- Handling, storage, transporting and setup of GOODS collected by the BUYER indemnifies the SELLER from The BUYER cannot hold the SELLER responsible for the BUYER’s negligence.
- It is the BUYER’s responsibility to check all goods collected, either themselves or by an appointed 3rd party for defect, faults and/or The BUYER, in failure to do so, cannot hold the SELLER responsible for such. The SELLER has full right to take photos of all GOODS supplied as is fitting.
- The SELLER will not refund the BUYER should GOODS be damaged after collection / delivery.
- The SELLER has a no return All GOODS are supplied as close as possible to the BUYER’s request or according to the SELLER’s specifications.
E. DELIVERY FEES & COLLECTIONS
1. Deliveries are solely at the SELLER’s discretion.
2. The SELLER charges a delivery fee per km using the online vehicle calculator of the Automobile Association (AA) of South Africa.
3. Delivery charges will vary taking road conditions into consideration. Surfaced roads will be charged at the standard AA rate. Gravel roads will be charged 20% more due to greater care needed in delivery GOODS due to road conditions.
4. The BUYER will be held responsible should there be any damages to said GOODS when delivered by the SELLER when using gravel roads. The SELLER, though taking great care in doing so, cannot be held liable of damages to goods due to road surfaces that are deemed unsavoury when delivering GOODS. Should the BUYER not accept this responsibility, they will either have to:
4.1 Collect the GOODS themselves
4.2 Arrange with the SELLER to collect said GOODS at a location close to the delivery The SELLER will then be indemnified of all responsibility of said GOODS when collected by the BUYER or by a 3rd party appointed by the BUYER.
5. In order to provide a delivery fee, the BUYER should send the SELLER a full street name, with street number, and also the immediate suburb of the Where the BUYER is using a venue in a non-residential address, the BUYER should send the SELLER the venue’s details as used by the venue when they have goods delivered.
6. BUYERs who schedule specific collection / delivery times, and who fail to comply to such agreed upon times, will be billed per hour for storage, unless the BUYER confirms with the SELLER a change in time due to unforeseen circumstances. It is the BUYER’s responsibility to communicate with the SELLER changes in collections / deliveries within reasonable time. The SELLER will charge the BUYER an additional rate of R450 p/hour for late collections.
7. Our operational hours are:
Mondays: 08:00 – 12:00 (unless otherwise stipulated)
Tuesday – Thursdays: 08:00 – 17:00 (unless otherwise stipulated)
Fridays: 08:00 – 18:00 (unless otherwise stipulated)
Saturdays: 08:00 – 10:00 (unless otherwise stipulated)
Collections are within these operational Failure to collect GOODS within these hours without notifying the SELLER will result in storage fees being charged to the BUYER’s account.
8. GOODS not collected on a specific day will be available for collection the following day within our operational hours apart from Saturdays; GOODS not collected on the Saturday will only be available for collection the following Monday and will result in a storage fee to the BUYER’s GOODS will not be released unless the storage fee is paid in full!
9. The BUYER should notify the SELLER when they are en route to collect GOODS. This allows the SELLER time to package GOODS.
10. The BUYER should make arrangements for GOODS ordered as gifts with the recipients of such to schedule times for deliveries and convey such times with the SELLER. Should there be no one present at the time of delivery, the SELLER will recharge the delivery fee to the BUYER’s account.
11. Delivery requests cancelled within 48 hours of the scheduled delivery will result in no Delivery requests cancelled prior to 48 hours of the scheduled delivery will result in a full refund of the delivery fee. A full refund will be paid by the SELLER if the SELLER cancels the delivery.
- The SELLER is not an allergen free Our products contains nuts, milk, honey, and other goods that might have an adverse effect on allergen sufferers. It is the BUYER’s responsibility to notify the SELLER of such allergens. Where the BUYER fails to notify the SELLER of allergens, the SELLER is indemnified of any and all adverse reactions caused by consuming GOODS.
- The SELLER uses items such as toothpicks in décor and it is advisable to the BUYER to check the GOODS before consumption.
- The SELLER is not Halaal certified.
- The SELLER is not Kosher certified.
- The SELLER is allowed to take photos of GOODS and use such images as they please.
- The BUYER’s information remains confidential and will not be sold or shared with a 3rd party. The information is used for the sole purpose of acquiring GOODS from the SELLER.
- Where a BUYER reviews the SELLER with falsified information on a public forum / platform, the SELLER will hold the BUYER legally accountable.
- The BUYER should contact the SELLER within 24 hours with complaints. These are only applicable to GOODS delivered. The BUYER has the responsibility to bring as much of the GOODS as received back for the SELLER to examine. Should the SELLER find fault with the GOODS returned, the SELLER will refund the BUYER in full. If there is no fault found with GOODS, the BUYER will not be refunded in any way, form or manner. If GOODS are defective due to BUYER negligence, the SELLER will not be held accountable.
- On-site alterations or changes will be charged for in 1-hour increments of R450 p/hour (60 minutes).
- Vouchers are only valid for the period as stipulated on the voucher and cannot be extended or Should a voucher expire and not have been used, the SELLER will not refund the BUYER the value of the voucher. The SELLER has no responsibility to liaise with the BUYER regarding the expiration date of the voucher.
- The SELLER reserves the right to cancel any order at the SELLER’s discretion or to waive any GOODS deemed inappropriate by the SELLER. The BUYER should respect the SELLER’s decision should they rescind any GOODS requested.
G. FLOWERS AND DÉCOR
- Where GOODS require flowers for decoration, the BUYER should supply such flowers unless agreed upon with the SELLER.
- Should the BUYER require floral décor for a wedding cake, the BUYER should arrange with the florist of the day to set apart a portion of flowers for the SELLER to use to decorate said GOODS. If no flowers are present, the SELLER has no responsibility to source flowers for decorations.
- The SELLER does not hire stands or equipment on behalf of the BUYER.
- The BUYER should know that some flowers are not edible and that flowers are It is the BUYERS responsibility to make sure the flowers needed for décor are edible and in season. The same applies to berries and other fruits.
- The SELLER makes use of non-edible décor items by pre-arrangement with the BUYER. These remain the BUYER’s once GOODS are delivered / collected, unless otherwise stipulated.
- The BUYER should also note that flowers contain pesticides and small insects and should request the florist to wash and prep the flowers safe for decoration.
H. SIGNATURE DESIGNS
- The SELLER carries creative right on GOODS, unless otherwise stipulated.
- All GOODS are photographed prior to collection / These images may be used at the SELLER’s discretion as the SELLER sees necessary.
- Where the SELLER’s GOODS are plagiarised, legal action will be taken if not at SELLER’s consent.
- BUYERs that supply designs should make sure these are not under The SELLER will not be held liable should designs provided by the BUYER be under copyright and the SELLER is indemnified of all legal action that could result from such infringements.
I. FORCE MAJEURE
This agreement is nullified and unbinding given any circumstances resulting from strikes, trade disputes, acts of God, riots, war, civil unrest, fires, floods, earthquakes, natural disasters, terrorism, armed conflict, lockdowns, boycotts or any other causes beyond our control that prevents the SELLER from supplying GOODS to the BUYER.
ONCE YOU HAVE PAID A BOOKING FEE, YOU AGREE TO ADHERE TO THE ABOVEMENTIONED TERMS OF SERVICE / TERMS AND CONDITIONS.
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