Terms and Conditions | Tomi’s Desserts

TERMS & CONDITIONS

Please read these Terms and Conditions carefully before placing an order.

DEFINITIONS

TDS - Tomi's Desserts Limited.

Confirmation Email - Email confirming the contents of the order, the “use by date”, Delivery and the cost of the Service

Delivery - Date for orders to be delivered or collected; orders may be collected if stated in the Confirmation Email.

Booking Fee - 50% of the total cost of the Service. A Confirmation Email is only issued after the Booking Fee is received. (Booking Fee for wedding services is 30%).

Service - Including but not limited to; fulfilment of orders placed and delivery of orders placed with TDS. The total cost of the Service will be communicated within the Confirmation Email to the email address provided when placing an order.

1. ORDERS

1.1. Orders are to be placed via email to tomisdesserts@gmail.com at least 14 days before Delivery is required.

1.2. Orders are deemed accepted upon delivery of a Confirmation Email to the email address provided when placing an order.

1.3. When placing an order please clearly state any alternate contact email address if necessary. Unless an alternate email address is provided, the email address used to place the order is deemed to be the email address provided for the purpose of receiving the Confirmation Email.

2. LATE ORDERS

2.1. If an order is placed and Delivery requested in less than 7 days, then the cost of the Service is due in full.

2.2. If an order is placed and Delivery requested in less than 7 days, then a late fee of £15 may be added to the total cost of the Service.

2.3. A Booking Fee is not applicable in this instance.

3. PAYMENT

3.1. All payments must be made in GBP (British Pounds).

3.2. All outstanding amounts (exclusive of the Booking Fee) due for the Service are due 3 days prior to Delivery. Payments can be made via cash payment, bank transfer, PayPal or ‘tap to pay’ services such as sumUp. If all outstanding amounts due are not received 3 days prior to Delivery, TDS reserves the right to cancel the Service for which no refund will be made.

3.3. Booking Fees are non-refundable 7 days prior to Delivery.

3.4. Prices are liable to change at any time, but such changes will not affect orders in respect of which a Confirmation Email has been received.

4. DELIVERY POLICIES

4.1. Collection is available, the date and time for collection will be confirmed by email, SMS text or WhatsApp.

4.2. Delivery is possible but should not be less than 14 days after delivery of the Confirmation Email.

4.3. Delivery will be paid for by the buyer and is included in the total cost of the Service. If an order is lost during Delivery, the total cost of the Service will be refunded either via Bank Transfer or via the original method of payment of the Booking Fee, within 30 days pending the outcome of an investigation determining that TDS was at fault for the loss. If an item is damaged during delivery, TDS will not be liable, please see Refund/Return Policy.

4.4. Please note all cakes with 3 or more tiers will require delivery and are not available for collection.

5. REFUND/RETURN POLICY

5.1. Orders are refundable at the discretion of TDS. If part or all of an order is damaged during delivery, a complimentary item may be offered to be delivered free of charge. If part or all of an order is unsatisfactory, a written explanation via an email, addressed to tomisdesserts@gmail.com, is needed before the item may be considered for a refund. This email must be sent within 24 hours of collection or delivery. As the case may be; a thorough description of the damage or unsatisfactory quality, along with photographic evidence where reasonably relevant, must be included in the written explanation when requesting a refund. If the order matches the contents of the Confirmation Email and the buyer is unsatisfied for any reason other than those aforementioned in this Refund/Return Policy, TDS is not liable to provide a refund. Orders cannot be returned due to the nature of perishable goods.

6. CANCELLATION

6.1. An order may be cancelled up until 7 days prior to Delivery and Booking Fees will be refundable up until this date. Please note Booking Fees are non-refundable less than 7 days prior to Delivery.

7. COMPLAINTS

7.1. TDS is committed to providing a high-quality service to all our clients. If something goes wrong with your order, or if you have a complaint, please contact us at tomisdesserts@gmail.com. This will help us to improve our services.

7.2. We will reasonably endeavour to respond to your email complaint within two weeks of receipt. Alternatively, if you would like to request a refund please refer to the Refund/Return Policy.

8. LIMITATION OF LIABILITY

8.1 TDS will not be liable to the maximum extent permitted by the applicable law, for any direct, indirect, incidental, or consequential damage, or any other damage and loss, costs, expenses and payments, regardless of the alleged liability or form of action, whether in contract, tort or otherwise, including negligence, intellectual property infringement, product liability and strict liability, that may result from, negligent acts or wrongdoings of food and dining venues, or from the unavailability of ordered items, or from delivery delays, or from any unintentional fault or error made by TDS, or from any communication with TDS, regardless of whether TDS has been advised of the possibility of such damages.

9. GOVERNING LAW, JURISDICTION

9.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be determined by the courts of England and Wales.

9.2. These Terms and Conditions are subject to change. Any variation to these Terms and Conditions is at the discretion of TDS.

10. SEVERABILITY

10.1. If any provision of these Terms and Conditions are held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms and Conditions will continue to remain in full force and effect.

If you have any questions about these Terms and Conditions, please contact us at tomisdesserts@gmail.com.

By using the Service, agree that you are aged 18 and above, as well as acknowledging that you have read, fully understood and agree to these Terms and Conditions.

Last updated: April 2025