Terms & Conditions
Terms & Conditions
The “Seller” is defined as the legal entity Somerset Home-baked Goodies, The “Buyer” means the person (legal or natural) who buys the goods. “Goods” is defined as the items to be supplied by the Seller to the Buyer as listed in the Order Confirmation. The “Site” means the website somersethomemade.com and is owned and operated by Somerset Home-baked Goodies.
These Terms and Conditions shall apply to the sale of the Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred except where the Seller has agreed to such variation in writing and by way of signature. By ordering from Somerset Home-baked Goodies you agree to be legally bound by these Terms and Conditions (“Conditions”) and accept that these Conditions may be modified or amended and posted on this website from time to time.
PAYMENT AND DEPOSIT
We require either, Payment At Delivery for Goods up to a value of Php5,000.00 or, unless otherwise agreed in wiriting, a 25% non-refundable deposit on orders for Goods in excess of Php5,000.00 is required to Confirm an order, and the remaining 75% is due At Delivery. Deposits are non-refundable. Special Conditions may be agreed and apply to Orders in excess of Php5,000.00 (see also “Cancellations and Alterations” clause of these “Conditions”). We provide for payment options including: bank deposit, PayPal and Cash On Delivery
Consultations are by appointment only and are not applicable to all Orders. An appointment for a Consultation and/or tasting must be agreed on with Somerset Home-baked Goodies by email and the consultation fee must be paid prior to Consultation date before it can be confirmed. All appointments for Consultation will be confirmed in writing by Somerset Home-baked Goodies.
All price quotations, written or verbal, are valid for 30 days from the date of quotation.
CANCELLATIONS AND ALTERATIONS
If you have any queries or need to make any changes to an Order please contact us immediately. We will assess your request for an alteration and let you know its effect on the price and any agreed timetable. Accepting any alterations is at the discretion of the Seller. Alterations requested less than 24 hours before completion may be subject to a surcharge. We cannot refund any of the cost of any Orders cancelled with less than 24 hours notice. Orders paid in full and cancelled with more than 24 hours notice will receive a partial refund of 50% of the total amount paid. In the unlikely event that we have to cancel your Order for any reason, then we will give you as much notice as possible, and discuss the matter with you and try to agree a suitable alternative.
In the unlikely event that your Order arrives damaged, it is the Buyer’s responsibility to report the damage to us within 6 hours and send photographic evidence of the damage within 24 hours if you wish to claim a refund or replacement. The Seller will not take back any undamaged goods from the Buyer unless agreed in writing by the Seller. The Seller accepts no liability for Orders that are damaged after they have been delivered to the agreed location. For Orders delivered to venues, the Seller requires a signed delivery note by the person in charge to say that the cake has arrived and that it arrived in good condition. Cakes collected from the Somerset Home-baked Goodies studio (14 Forest View Village, Catalunan Grande, Davao City) require a signed collection note by the person in charge to say that the Order was collected in good condition. Damages after this point are not Somerset Home-baked Goodies’s responsibility. All Somerset Home-baked Goodies products are fragile and require care and attention when handling, storing, and displaying. Please pay careful attention to our storage and transportation (where relevant) instructions that will be provided with the Order. Where samples of the Goods are shown to the Buyer, the Buyer hereby accepts that they consider such samples to be representative of the Goods. Any description applied to the Goods is only given by way of identification and does not constitute a sale by description.
CONCERNING THE PRODUCTS
The Products ordered are fresh on the day of delivery to or collection by you and will remain fresh for a further 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
Products which were due to be collected by you from our bakery and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.
We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from one or our shops if they are damaged during transit to your specified location provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in Good Condition and undamaged at the point of collection.
Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.
We will notify you of any Product containing nuts or other potential food alergens on the specific Product’s Site page. However, since our kitchens do handle nuts we cannot guarantee that traces of nuts and other potential food alergens will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.
Intellectual Property Rights
All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
You will infringe our rights if you copy or reproduce any part of the Site except for:
a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
you printing out any pages from the Site as a record of any Products you have purchased from it; or
you printing out a copy of the Terms and Conditions which we would request you to do; or
your own personal use provided that:
no documents or related graphics on the Site are modified in any way;
no graphics on the Site are used separately from the corresponding text; and
the Company's copyright and trade mark notices and this permission notice appear in all copies.
Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
For the purposes of these Conditions "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed Php500.