Luxury, gluten-free, handmadeMarnie Searchwell gluten free cakes LondonOrder here, or call 020 7735 1444

Home | Contact | Christmas | Wedding | Cupcakes | Childrens Party | Chocolate | Celebration | Novelty Chocolate | In Season | About

Terms & Conditions

This gives you information about me and the legal terms and conditions (Terms) on which I sell any of my products (Products) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from me. If you refuse to accept these Terms, you will not be able to order any Products from me.
You should print a copy of these Terms for future reference.
I amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.

1. Information about me
1.1 I am Marnie Searchwell. I operate the website marniesearchwell.com
My trading address is 26 Offley Road, London SW9 0LS. Please also see my Contact page

2. My Products
2.1 The images of the Products on my site are for illustrative purposes only. Although I have made every effort to display the colours accurately, I cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although I have made every effort to be as accurate as possible, because my Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on my site may vary slightly.
2.3 The packaging of the Products may vary from that shown on images on my site.
2.4 All Products shown on my site are subject to availability. I will inform you by e-mail as soon as possible if the Product you have ordered is not available and I will not process your order if made.

3. If you are a consumer
3.1 If you are a consumer, you may only purchase Products from my site if you are at least 18 years old.
3.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

4. If you are a business customer
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
4.2 These Terms constitute the entire agreement between you and me. You acknowledge that you have not relied on any statement, promise or representation made or given by me or on my behalf which is not set out in these Terms.

5. How the contract is formed between you and me
5.1 For the steps you need to take to place an order for my Products, please see my Contact page or call me on 020 7735 1444
5.2 After you place an order I will confirm my acceptance to you by sending you an e-mail. The Contract between us will only be formed when I send you that email.
5.3 If I am unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on my site, I will inform you of this by e-mail and I will not process your order. If you have already paid for the Products, I will refund you the full amount as soon as possible.

6. My right to vary these terms
6.1 I may revise these Terms from time to time in the following circumstances:
(a) changes in how I accept payment from you; or
(b) changes in relevant laws and regulatory requirements
6.2 Every time you order Products from me, the Terms in force at that time will apply to the Contract between us.
6.3 Whenever I revise these Terms I will give notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7. Your consumer right of return and refund
This clause 7 only applies if you are a consumer.
7.1 Consumers have certain legal rights to cancel a Contract [under the Consumer Protection (Distance Selling) Regulations 2000). Advice about your legal right to cancel the Contract [under these regulations] is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products;
(b) perishable goods, such as food,;
7.3 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

8. Delivery
8.1 If I am unable to meet the estimated delivery date, I will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when I deliver the Products to the address you gave me or you have collected them.
8.3 If no one is available at your address to take delivery, I will leave you a note that the Products have been returned to our premises, in which case, please contact me to rearrange delivery.
8.4 The Products will be your responsibility from the completion of delivery.
8.5 You own the Products once I have received payment in full, including all applicable delivery charges.

9. International delivery
9.1 If you order Products for delivery to a destination outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that I have no control over these charges and cannot predict their amount.
9.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. I will not be liable or responsible if you break any such law.

10. Price of products and delivery charges
10.1 Prices for Products may change from time to time, but changes will not affect any order for which I have confirmed acceptance.
10.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, I will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.3 The price of a Product does not include delivery charges. My delivery charges are as quoted to you from time to time. To check relevant delivery charges, please contact or call me.
10.4 My site contains a large number of Products. It is always possible that, despite my reasonable efforts some of the Products on my site may be incorrectly priced. If I discover an error in the price of the Products you have ordered I will inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order. I will not process your order until I have your instructions. If I am unable to contact you using the contact details you provided during the order process, I will treat the order as cancelled and notify you. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, I do not have to provide the Products to you at the incorrect (lower) price.

11. How to pay
11.1 You can only pay for Products using a debit card or credit card by telephone order.
11.2 Payment for the Products and all applicable delivery charges is in advance.

12. Warranty for the Products
12.1 I provide a warranty that on delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to store or use the Products in accordance with instructions I have supplied;
(d) any alteration or repair by you or by a third party or
(e) any specification provided by you.
12.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

13. Our liability if you are a business
This clause 16 only applies if you are a business customer.
13.1 I only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
13.2 Nothing in these Terms limit or exclude liability for:
(a) death or personal injury caused by my negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, I will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4 Subject to clause 13.2 and clause 13.3 , my total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1000.
13.5 Except as expressly stated in these Terms, I do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, I will not be responsible for ensuring that the Products are suitable for your purposes.

14. Our liability if you are a consumer
This clause 14 only applies if you are a consumer.
14.1 If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or my negligence, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of my breach or if they were contemplated by you and me at the time we entered into the Contract.
14.2 I only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 I do not in any way exclude or limit my liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.

15. Events outside my control
15.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by an Event Outside My Control. An Event Outside My Control is defined below in clause 15.2.
15.2 An Event Outside My Control means any act or event beyond my reasonable control , including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside My Control takes place that affects the performance of my obligations under a Contract:
(a) I will contact you as soon as reasonably possible to notify you; and
(b) My obligations under a Contract will be suspended and the time for performance of my obligations will be extended for the duration of the Event Outside My Control. Where the Event Outside My Control affects our delivery of Products to you, I will arrange a new delivery date with you after the Event Outside My Control is over.

16. Communications between us
16.1 When I refer in these Terms, to “in writing”, this will include e-mail.
16.2 If I have to contact you or give you notice in writing, I will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.3 If you are a business, please note that any notice given, will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

17. Other important terms
17.1 I may transfer my rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of my warranty to the recipient of the gift without needing to ask my consent.
17.3 This contract is between you and me. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of my warranty, but I and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction.

 

Telephone 020 7735 1444 or click here to submit enquiry

Marnie Searchwell gluten-free cakes


Home

© 2017