1. General
These General Terms and Conditions of Sale and Delivery apply to all goods deliveries carried out by TED Limited (“Cake Queen”) on the basis of orders resulting from distance sales. By placing an order, the customer is bound by these General Terms and Conditions of Sale and Delivery. These General Terms and Conditions of Sale and Delivery are valid until 01/02/2010.
2. Conclusion of Contract
a) English shall be the language for all contracts, orders and business dealings.
b) All of our offers remain entirely unbinding. Customers are bound for two weeks to orders which are made in the legal sense. A contract shall only be said to have been concluded when confirmation of the order has been made, or the goods and/or services have been delivered/provided. The customer must not separately agree to their receipt.
c) We may also only partially accept orders.
d) Receipt of an order is acknowledged automatically by us through an email, which does, however, not constitute an acceptance of the order.
e) The customer must be aware that the Internet is not an entirely secure form of communication and that data which are submitted online may be viewed and altered by third parties. The customer bears the risk that data may not reach us or may not reach us in the form that they were originally submitted. We rely on the fact that the data we receive are received in the form they were sent by the customer.
3. Prices
a) Our prices include Irish sales tax and are in Euros, but do not include Delivery Costs and any ancillary services, assuming that other conditions are not specified in the appropriate price list. In the case of deliveries outside Ireland, the relevant import and export duties apply.
b) All prices are actual prices and are valid until they are revoked.
c) We also charge extra for postage and packaging (“Delivery Costs”), the actual amount for which depends on the product ordered and the delivery destination. You are able to access a breakdown of our Delivery Costs here.
d) Please contact your appropriate customs and excise office to find out about any customs duties that may apply.
4. Delivery and Delivery Schedule
a) Postage is by parcel post at the customer’s own risk and at his or her cost (see point 3 b).
Goods are delivered to the address he or she submits at the time of ordering.
b) Delivery normally occurs within five (5) working days. Information concerning delivery schedules is non-binding. A customer is only entitled to withdraw from the contract if we are unable to deliver the goods, despite setting a final deadline of at least two weeks.
c) The delivery deadline is extended by the duration of the delay as a result of circumstances which are beyond the control of either Contractual Party, e.g. a force majeure, unforeseeable operational disruptions, transport and customs delays, damage in transport, industrial disputes.
d) In cases where partial delivery is possible, these are legally permissible. All partial deliveries are treated as separate transactions and we may invoice for these separately.
5. Guarantees
All the products on offer are foodstuffs, for which a right to withdraw from the contract is precluded.
6. Claims for Damages
We do not accept any liability for damages for any reason, in particular those resulting from delays, impossible service obligations, positive violation of contractual duty, fault at the time the contract was concluded, consequential damage, defects or improper use which result from slight negligence on our part or on the part of someone we represent. Commercial customers must prove their case for gross negligence or malice aforethought. In the case of contracts concluded with consumers, damages to persons and goods for further processing are excluded as a result of this disclaimer.
7. Payment Terms
a) Our invoices must be settled immediately before the delivery deadline by means of a credit card acceptable to us. The credit card used will be debited immediately after the order is submitted. Credit card data is not saved. Our payment partner is RBS World Pay (Royal Bank of Scotland).
b) Customers hereby undertake to repay all costs we incur in pursuing him or her if he or she fails to meet his or her contractual obligations.
8. Return and Withdrawel
Perishable and made-to-order products excluded the customer may send back a delivery within 7 weekdays after arrival to the return address whereby purchase will be refunded by back posting or at declared buyer’s option.
9. Applicable Law, Place of Fulfilment and Jurisdiction
a) Irish law only shall govern the legal relationship with the customer.
b) Place of payment and fulfilment for all obligations resulting from this contract shall be Clonegal.
c) The place of jurisdiction for all legal disputes resulting directly or indirectly from this contract shall be the Irish Court in Carlow. We are also authorised to bring an action against a customer in their own place of jurisdiction.
10. Data Protection
Customer data will not be passed on to third parties, except where this is necessary to fulfill the obligations of this contract.
11. Miscellaneous
The customer is obliged to provide the data asked for in the from in as true and complete form as possible. In the case of incomplete, unclear or inaccurate details from the customer, he or she is liable for any costs resulting therefrom.
12. Security – SSL
Our security software encrypts your personal data, such as credit card number, bank sort code, bank account number, name and address. This information cannot be read by unauthorised third parties during Internet transmission as a result. The encryption process transforms the information you provide into code that may be safely transferred over the Internet. This ensures that our customers are best protected from unauthorised third party access.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern TED Limited’s (“Cake Queen”) relationship with you in relation to this website.
The term TED Limited (“Cake Queen”) or ‘us’ or ‘we’ refers to the owner of the website whose registered office is The Cottage, Kilcarry, Clonegal, Carlow, Ireland. Our company registration number is 323512. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ireland.