Terms and Conditions

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General Terms and Conditions
OVERVIEW
Welcome to Cherry on Top’s Website www.cherry-ontop.co.za (hereinafter the “Website”). Throughout the Website, the terms “we”, “us” and “our” refer to Cherry on Top. The Terms and Conditions contained on the Website will govern your use. Additional Terms and Conditions that apply to our products and services can be found below. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms.
By accessing our Website and/or purchasing our goods, you (the “user”) engage in our “Service” and acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, including any additional rules, guidelines and/or policies referenced herein and/or available by hyperlink. If you do not agree to these Terms and Conditions please do not use our Website or Services.
We reserve the right to update, change or replace any part of these Terms and Conditions at any time, without notice. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Any new features, tools, updates or changes to the online shop shall also be subject to these Terms and Conditions.
Should you have any questions regarding our Terms and Conditions please contact us via email at info@cherry-ontop.co.za
INFORMATION
This Website is owned and operated by Roxanne Gerber at Cherry on Top. Cherry on Top is a private bakery in Grahamstown that makes baked treats including but not limited to cakes and cupcakes. Cherry on Top can be contacted via email at info@cherry-ontop.co.za or telephonically at 0741654343.
USER OBLIGATIONS AND PROHIBITIONS
When using our Website, you must not upload or transmit any viruses, any code of a destructive nature or malicious software; you must not damage or intercept data and/or information that you have not been granted express permission; you accept that you are responsible for verifying and analysing information obtained from this Website; you agree to provide information that is truthful and accurate; you accept that you are responsible for maintaining the confidentiality of your login details; you agree to grant to the Owner of this Website non-exclusive rights to use, display, reproduce, modify, adapt, publish and/or promote any submissions made to this Website, with no obligation to keep the submissions confidential or to provide compensation; you understand that the Owner of this Website has the right to refuse, delete, remove and/or block access to this Website and/or any information, for any reason, without any notice; you may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate or infringe upon any laws in your jurisdiction, including but not limited to copyright laws. A breach or violation of any of the Terms will result in an immediate termination of your Services, and we reserve the right to refuse Service to anyone for any reason at any time, and to limit the sales of our products or Services to any person, geographic region or jurisdiction.
COPYRIGHT AND INTELLECTUAL PROPERTY
All content on this Website is protected against unauthorised use under copyright, as well as any and all intellectual property laws. Users to this Website may not sell, reproduce, publish, duplicate, modify, display, distribute, sell, exploit or otherwise use the Website material and/or any of our products or Services or in any way without the prior written consent of the Owner of this Website. All rights are reserved to the fullest extent, in respect of the above.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate or more complete sources of information, such as the Owner. Any reliance on the material on this Website is at your own risk. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
All of our products are made to order, unless otherwise stated. Some products or Services may have limited quantities and/or may be available exclusively online. All of our products are subject to return or refund according to our Returns, Cancellations and Refunds policies outlined below. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.
PERSONAL INFORMATION
Your submission of data and/or information through this Website is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
PRICES OF GOODS OFFERED
Prices (inclusive of all taxes, fees and costs) of all standard items can be found on the Website by clicking on the specific good on the shop page of this Website and by following the instructions. If and when quotations are issued, all quotations are valid for 5 days from the date of issue, thereafter, prices are subject to change.
DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our Service or Website will be uninterrupted, timely, secure or error-free. The Service and all products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
LIMITATION OF LIABILITY
Cherry on Top or its Owner or any representative of Cherry on Top shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of this Website and/or Service and/or content and/or product made available to you. The user of this Website agrees to defend, indemnify  and hold harmless the Owner of this Website and Cherry on Top and its representatives from any loss, any damage, any cost, any expenses and any claim of whatever nature, as permitted by the laws of the Republic of South Africa, in connection with the use of the Website and/or the purchase of any of our goods. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or any part thereof.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and Conditions and any additional rules, guidelines and/or policies on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
Product Terms and Conditions
FORMATION AND VALIDITY OF AGREEMENT
A binding agreement is concluded with full legal force and effect between the user and Cherry on Top at the place and at the time and date that Cherry on Top receives the user’s order or the user accepts a quotation. A signature, electronic or otherwise, is not required to conclude an agreement with Cherry on Top. An acknowledgement of receipt of the user’s order may be sent to the user by Cherry on Top but is not a requirement for the conclusion of the agreement.
PAYMENT
Cherry on Top accepts payments made by Electronic Fund transfers and/or ATM cash deposits from any of the major South African banks. A payment (not the proof) will confirm the user’s order. If the user’s order is to be delivered or collected in less than one month, full payment is expected as soon as possible. If the user’s order is placed one month or more in advance of the delivery or collection date, a 25% or 50% (determined by Cherry on Top) partial payment may be accepted. Thereafter the balance (75% or 50%) is due one month before the order is to be delivered or collected. If payment is not received on time, the user’s order may be subject to cancellation.
DELIVERY AND COLLECTION
Orders must be placed at least 5 business days in advance of delivery or collection, unless otherwise specified by Cherry on Top. We offer free delivery within Grahamstown. Deliveries outside of Grahamstown will incur an additional fee. We deliver to all areas surrounding Grahamstown, including but not limited to Port Alfred, Kenton, Port Elizabeth, Jeffreys Bay and St Francis Bay. We deliver in Grahamstown from Monday to Friday at 14:30 or 17:30 and Saturdays between 08:00 to 12:00. We are closed on Sundays, so deliveries requested for Sundays will be delivered on Saturdays, unless otherwise arranged by Cherry on Top. Delivery is highly recommended for all tiered cakes and wedding cakes. Collection may be arranged at your own risk. Cherry on Top is not responsible for the cake and/or other goods after delivery or collection. When the user or their representative receives the goods, the user or representative assumes all responsibility and liability for the goods, as well as the condition thereof.
RISK AND OWNERSHIP
Risk in the products shall pass to the user or their representative on collection thereof. Cherry on Top will however remain the owner of the product until full payment has been received.
RETURNS, CANCELLATIONS AND REFUNDS
If the user is dissatisfied with goods purchased from us, the user must return them to Cherry on Top where a representative of Cherry on Top must be afforded an opportunity to observe and inspect the goods in question, whereafter Cherry on Top will in their discretion offer the user an appropriate refund, replacement or credit. If the flavour or texture of the goods is simply not to the user’s taste, then unfortunately we will not be able to offer a refund, replacement or credit.
If the user requests a cancellation or a withdrawal from the transaction in reasonable time prior to delivery or collection, we may issue an appropriate refund. The refund amount is situational and will be calculated at a percentage relative to the time period between 1) the date of the cancellation and 2) the date the goods are due. For example: If a cancellation is requested two months before the goods are due, we may issue a 100% refund; if a cancellation is requested one week before the goods are due, we may issue a 50% refund; if a cancellation is requested one day before the goods are due, we are unlikely to issue a refund. All refunds are calculated on a case by case basis and various factors are taken into consideration. A credit note may also be issued upon request instead of a refund. All cancellations must be submitted in writing via email to info@cherry-ontop.co.za
Should an unforeseeable event occur which prevents Cherry on Top from fulfilling our obligation and we cannot make your goods, we will refund your payment in full. In addition, if at all possible, we will assist in making alternative arrangements.
DEFECTS AND ERRORS
Cherry on Top is committed to offering quality baked goods, and we aim to to deliver goods that meet or exceed your expectations. We will make every effort to provide the user with goods that meet the user’s requirements and requests, however, the creation of our cakes and other products is an art and may be subject to slight variations and/or errors by the creator(s). Please note that some colours and design elements of the final product/s may vary slightly from preliminary sketches or photos, if provided. We make every effort to display as accurately as possible the colours and images of our products that appear on our Website, but we cannot guarantee that your computer monitor’s display of any colour will be accurate.
REVIEWS, CORRECTIONS AND ALTERATIONS
The user shall have the opportunity to review their order and/or to correct any mistakes and/or request reasonable alterations if the request is made two weeks or more prior to the delivery or collection date. Where possible, Cherry on Top will accommodate these changes, although additional costs may be incurred. Corrections and/or alterations requested less than two weeks prior to the due date will be considered but may be denied. In the event of an emergency, or for the sake of structural or artistic integrity, Cherry on Top may make alterations where necessary.
STORAGE
We recommended that all baked goods be kept in a dry place at an optimal temperature of 25ºC or below. Cakes and other baked goods should not be placed in direct sunlight or hot, humid areas because heat and moisture can adversely affect cakes. Refrigeration is not usually necessary because all of our cakes have been refrigerated before delivery. We recommend allowing the goods, especially cakes, come to room temperature before consumption, as they are best enjoyed at room temperature. All baked goods should be refrigerated in warm weather and/or if they contain any fruit and/or if they are not consumed on the day of delivery or collection. When cakes are removed from the refrigerator, they may form condensation but it is normal and will dry over time. Leftover cake should be wrapped in clingfilm and refrigerated. Displaying your cake and/or other baked goods outside is done at your own risk. Cherry on Top cannot be held responsible or liable for any consequences of poor storage, adverse weather conditions or outdoor locations.
INEDIBLE ITEMS
Occasionally we use dowel rods, ribbons, wires, skewers, flowers and other inedible items in and/or on our baked goods for structure, support or decoration. We will provide the user with a list of the inedible items and it is the user’s responsibility to remove the inedible items from the baked goods before consumption. Cherry on Top and their associates cannot be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
FOOD ALLERGIES
We do our best to avoid ingredients that may cause allergic reactions for for those with food allergies – please tell us about your allergies before placing your order. Unless otherwise specified, all of Cherry on Top’s products contain cow’s milk, egg and wheat (gluten). Our products may also contain peanuts, tree nuts, soya, or traces thereof. All of our products are made in a kitchen that uses these items, thus there is always a risk of cross contamination (even though our cross contamination policies are very strict) therefore we cannot guarantee a total absence of these items in any of our products. Users with food allergies must tell us about their allergies before placing their order and must be aware of this risk. Cherry on Top will not assume any liability for adverse reactions from the food consumed, or items one may come in contact with whilst eating any products.
Click here if you are looking for Cherry on Top’s Privacy Policy