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.
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 firstname.lastname@example.org
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.
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.
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.
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.