TERMS & CONDITIONS
1. Definitions
1.1 Customers are referred to as “you”, “your”, “customer” or “consumer”. Sweet Pavilion LLC is referred to as “we”, “us”, “our”.
2. Contact & Company Details
Sweet Pavilion, LLC
Email: contact@sweetpavilion.com
Registered with the North Carolina Department of The State of Secretary.
Certification #C202122801611
3. General
3.1 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect from when they are posted on the website (see date at the top) and it is your responsibility to read the Terms and Conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
3.2 We only sell to those over 18. If you are under the age of 18, we may not accept your order and you must discontinue the order process now. By placing an order with us you confirm that you are at least 18 years old, or in the case of the product containing alcohol being a gift, you also confirm that the recipient is 18 or over. You also confirm that the information that you give is correct and truthful.
3.3 The contract between us shall be governed by the state of North Carolina and any dispute between us will be resolved exclusively in the courts of the state of North Carolina under state law. English is the only language offered for the conclusion of the contract.
3.4 When you place an order, we collect certain personal and transactional information (e.g. name, address, email address).
4. Ordering
4.1 All orders must be made online on this website and are subject to these Terms and Conditions.
4.2 Acceptance of order and completion of the contract is made once the order is confirmed by us in writing (by email) and payment has been made in full. English is the only language offered for the conclusion of the contract.
4.3 We reserve the right not to accept any order due to one or more of the following:
4.3.1 The product is out of stock.
4.3.2 Payment has not been authorized.
4.3.3 Error in pricing or product description.
4.3.4 Unexpected limits on our resources which we could not reasonably plan for.
4.3.5 We cannot meet the deadline you have specified.
4.3.6 The criteria in clause 3.2 in these Terms and Conditions are not being met.
4.3.7 Technical failure of the website.
4.4 All products are subject to availability. In the unlikely event that we are unable to supply you with your request, we will notify you as soon as possible.
4.5 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.6 Once the order has been collected, we will send you a collection confirmation via email.
4.7 On occasion the product specification may change. If this does happen, we will do our best to contact you to offer you a substitute item of the same or better quality, at the same price. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable item.
4.8 Please make sure to thoroughly read our dietary, allergen and product information for any allergy concerns before ordering. This can be found in our Frequently Asked Questions and on the Flavours description page.
4.9 All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.
4.10 Products may vary slightly from their pictures: All our cakes, cupcakes and confectionery products are freshly baked and crafted by hand. As each product is as individual as the person who made it, slight variations from the original website image may occur. The images of all products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.11 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.12 Making changes to your product (made-to-order cakes). If you wish to make a change to the product you have ordered, please contact us as soon as you can and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.
4.13 We reserve the right to make minor changes to the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
5. Risk
5.1 We cannot accept any claim for damage, loss or deterioration after the collection of your order has been made. Please adhere to any storage and handling instructions verbally communicated to you carefully upon receipt of your order. This does not affect your consumer protection rights.
6. Delivery & Collection
Cakes, Cupcakes and Confectionery
6.1 Freshly baked, made-to-order cakes, cupcakes and confectionery are available for delivery on a case-by-case basis.
6.2 For larger orders that exceed our regular courier capacity we reserve the right to charge extra when delivery options become available. We will contact you with a quotation for your approval should this be the case.
6.3 Collection dates and time slots are limited and can be selected when checking out in the online shop. Customers are required to provide a government-issued ID upon order collection.
6.4 If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and do not accept any claim for a refund or replacement.
6.5 Collections can be made from the Sweet Pavilion production site in North Carolina. Simply select a date and time for collection when checking out using the online shopping process. If, for any reason you are running late or are not able to collect as planned, please call us or send an email to let us know.
6.6 Customers, or their dedicated carrier, are required to provide a valid order confirmation number and sign a disclaimer upon collection to confirm that the order has been received in good condition. Whilst we will provide the customer with correct handling and storage instructions with each order, once collected, the responsibility for any damage through transportation lies with the customer. Due to the fresh and fragile nature of our cakes, we strongly advise against collections by bike and recommend that journeys should take no longer than 30 minutes, especially during warm weather. For more details and advice on how to handle fresh, delicate and perishable products, such as our cakes and cupcakes, please see our Product Information.
6.7 Should for any reason an order not be collected in time, we will retain it for 24 hours to allow you sufficient time to call our customer service team to re-arrange a new time for collection. Please note that we do not offer refunds or replacements for orders that have not been collected within 24 hours after the agreed date and time.
7. Payment & Prices
7.1 All prices are quoted in USD and are exclusive of tax.
7.2 Payment must be made when placing the order. This also applies to any pre-ordered items.
7.3 We accept payment by Visa, MasterCard, American Express and Apple Pay.
7.4 When using the card, you confirm that you are the cardholder or have permission to make payment with the card by the cardholder.
7.5. The price you will be charged is the price stated on the website at the time we receive your order. In the unlikely event that an incorrect price has been given, we will contact you as soon as possible to see if you would like to go ahead with your order at the correct price or cancel the order. If we fail to get in contact with you, we will cancel the order in respect of the incorrect priced product.
7.6 Please make sure you receive a receipt of payment via email as well as a confirmation of your order. Failure of either to arrive, might indicate that the order has not gone through successfully.
7.7 We reserve the right to change prices at any time. We reserve the right to amend prices at any time at our discretion before, but not after, we accept orders.
7.8 We cannot be held responsible for any charges local Customs wish to apply to your order. We recommend that you check with your local customs authorities before placing an order with us.
8. Cancellations
8.1 You can always cancel your order with us. Your rights when you cancel your order will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to cancel your order:
(a) If the product you have bought is faulty or misdescribed you may have a legal right to cancel the order (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back).
8.2 You may cancel your order because of something we have done or are going to do for a reason set out at (a) to (d) below and we will refund you in full for any products which have not been provided with. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (except, see clauses 4.13 and 8.9)
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control
(d) you have a legal right to cancel the order because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer is explained under Consumer Protection Law. If you are a consumer then for most products bought online, you have a legal right to change your mind within 7 days of your collection date and receive a refund.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) perishable items or items that reduce in value once handled. This includes any food products, including cakes and cupcakes.
HOWEVER, we do offer a goodwill cancellation basis for these products where certain requirements are met (see clause 8.5)
(b) made-to-order or customized products which may include special editions or signed books (see clause 8.6)
(c) services, such as academy courses, once these have been completed, even if the cancellation period is still running
(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
Fresh made-to-order cakes, cupcakes & confectionery
8.5 If you wish to cancel your cake order you must give us the following minimum notice to qualify for a credit or refund:
(a) cupcakes: 48 hours before delivery or collection
(b) 6-inch or 8-inch layer cakes: 72 hours before delivery or collection
(c) All personalised cakes and cakes larger than 6-inches: 72 hours before delivery or collection.
Workshops, courses and masterclasses
8.6 If you cannot attend a course, we may be able to transfer your booking to another class if available, but only in extenuating circumstances and at our sole discretion. In this case, Sweet Pavilion LLC must be advised in writing at least 3 weeks prior to the commencement of the class. In the event that you are unable to attend a course and would like to send someone to replace you, please notify us in writing by email to contact@sweetpavilion.com.
8.7 If Sweet Pavilion LLC has to cancel a course: We reserve the right to cancel or postpone a course if we see necessary. In the unlikely event that a course needs to be cancelled or rescheduled by us, we will give as much notice as possible. We will offer a full refund of the cost of the course fee only, or the option to transfer to another available course. Please be advised that we take no responsibility for the travel or accommodation expenses you may have incurred, and we advise customers who travel from afar to take out travel or cancellation insurance.
8.8 From time to time it is necessary to update, improve or amend existing course formats according to customer feedback, market trends or for operational reasons. Sweet Pavilion LLC reserves the right to change or make adjustments to the content of any course without giving prior notice to existing bookings. This will not affect the quality or value of the tuition.
How to cancel your order:
8.9 To cancel your order, please email us at contact@sweetpavilion.com. Please provide your name, home address, details of the order, order number and, where available, your phone number and email address. For the avoidance of doubt, any order cancellations must be made in written form.
9. Refunds and returns
Fresh made-to-order cakes, cupcakes & confectionery
9.1 If for any reason you are not happy with your cake order, please contact us immediately by email to contact@sweetpavilion.com. We may ask that you return the product to us for quality inspection or provide photographic evidence within 24 hours from receipt of the order. If the product is faulty or misdescribed we will either correct the mistake or provide a replacement prior to your event. If this is not possible, we will offer some or all of your money back.
Workshops, courses and masterclasses
9.2 We are unable to offer refunds on any courses booked if you cannot attend a course. In the unlikely event that we need to cancel a course, we will offer a full refund of the cost of the course fee only, or the option to transfer to another available course. Please be advised that we take no responsibility for the travel or accommodation expenses you may have incurred, and we advise customers who travel from afar to take out travel or cancellation insurance.