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Terms & Conditions of Sale

CUSTOMER NOTICE

The terms and conditions of sale stated on the Website apply to all contracts for the sale of Product(s) and/or Service(s) by the Seller to a Buyer, including all other terms and conditions of sale stated on a case-by-case basis.Terms and conditions of sale stated on this website overwrites all verbal and non-verbal agreements.

As the Buyer, you are responsible to read all the terms and conditions stated on the Website thoroughly before securing any orders in the form of making payments or deposits to PastryDen.

All terms and conditions apply to all contract of sale therefore applies to all Buyers.

1. DEFINITIONS

In this Terms & Conditions of Sale, unless the context states otherwise:“Buyer” refers to the person who buys or agrees to buy the Product(s) and/or Services(s) from the Seller. Buyer is defined as “Consumer” in section 12 of the Unfair Contract Terms Act (Cap. 396);

“Seller” or “PastryDen” refers to PastryDen Pte Ltd; Singapore Unique Entity Number (UEN) 201201491K operating www.pastryden.com (“Website”);

“Conditions” refers to the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

“Delivery Date” refers to the date when the Product(s) are to be delivered, as specified by the Seller;

“Product(s)” refers to the goods which the Buyer agrees to buy from the Seller;

“Service(s)” refers to the agreed act of duty or labour rendered by the Seller to the Buyer;

“Price” refers to the price for the Product(s) excluding additional packaging, additional Labour Cost(s), delivery & Additional Decoration(s)

“Labour Cost(s)” refers to the cost of labour in production, packing & delivery of good(s).

“Official Quotation” refers to a formal statement provided by the Seller to supply the Good(s) and Service(s) required by the Buyer, at a specified price and within the specified period.

“Quotation Expiry” refers to the date of which quotation is no longer valid in relation to order lead-time, which is at least 7 days unless stated otherwise in the quotation.

“Lead Time” refers to the total time taken to produce, process, package and deliver product(s) to a Buyer.

“Official Invoice” refers to a detailed list of Product(s) and/or Service(s) with an account of all costs: an itemized bill that contains the: total charge, terms, payment, delivery information which is similar to that of a receipt.

“Payment Methods” meaning the method of payment we accept, which is Bank Transfer and Couriered Cheque only.

“Deposit” refers to a sum (of at least 50% on all orders) given to Seller to confirm the order or reservation of date for advance orders.

“Short Delivery” refers to delivery which lacks or short of a few product(s) to the Buyer.

2. DISCLAIMER & EXCLUSIONS

PastryDen does not make or give (and shall not be deemed to make or give) any representation or undertaking to the Buyer, and shall, to the fullest extent permissible by law, be bound by no condition, warranty, innominate term or other obligation (whether express or implied, and whether imposed or implied by statue, at common law or otherwise) concerning the condition, quality, physical state or attributes, origin, fitness or suitability for any purpose, or conformity with description or sample (notwithstanding any description or picture references the Seller may have supplied of the Product(s) and/or Service(s)) of the Product(s) and/or Service(s).

The Seller shall not be liable for the loss of profit/business/goodwill or any special, indirect or consequential loss or damage resulting from or arising out of the contract of sale.

To the extent that the Seller is liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product(s) and/or or breach of the Seller’s obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the Product(s).

The display of any Product(s) and/or Service(s) on the Website is not an offer to sell and PastryDen shall be under no obligation whatsoever to supply the Product(s) and/or Service(s) ordered through our website.

If you place an order with us on our Website or via email to purchase Product(s) and/or Service(s) to PastryDen, it will be regarded as an offer to purchase.

PastryDen will acknowledge your order as soon as possible but will be under NO obligation to supply the Product(s) and/or Service(s) until we accept your order by issuing an Official Invoice. Such acceptance shall be a condition precedent to the contract for the sale of Product(s) and/or Service(s) by the Seller to the Buyer and shall take effect only on these Conditions.

Any forms of payment to PastryDen shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions of Sale.

Acceptance of delivery of the Product(s) and/or Service(s) on the entry or inscription of the Buyer’s signature on the Seller’s delivery order/note, which entry or inscription shall immediately constitute and be deemed to constitute conclusive evidence of the Buyer’s satisfaction with acceptance of the Product(s) and/or Service(s).

Any variation to these Conditions (including any special terms and conditions agreed between the parties) is not applicable unless agreed in writing by the Seller.

In the event that there are any discrepancies or differences in any Terms & Conditions specified on our Website and/or on any other marketing materials, PastryDen reserves the right to amend and correct the said differences at the time of notice, and possesses the final say and decision as interpreted by the management at PastryDen.

3. PRODUCTS & FRESHNESS

All food items are best consumed on the day of purchase or delivery date. Food on display are best consumed within one (1) hour.

Product images and actual products may differ slightly in terms of colour, decorations, flavours and et cetera.

Customized products and designs are subjected to slight variations and availability of decorative accessories.

4. ORDER LEAD TIME

The Seller reserves the right to accept or reject any orders and/or customized designs in relation to availability of slots, labour, materials and et cetera.

Standard products require at least seven (7) days in advance or more depending on type and quantity of Product(s) required.

Customized Product(s) must be ordered at least fourteen (14) days in advance. They include products such as customized whole cakes, backdrop designs, specific packages, and et cetera.

5. DEPOSIT & PAYMENT POLICY

The Buyer shall pay the agreed price for the Product(s) as stated on the Seller’s invoice and not (where different) as expressed in any quotation, estimate or documentation, or given orally by the Seller.

All pricings quoted are in Singapore Dollars (SGD).

All Product(s) sold by PastryDen do not and will not include Goods & Services Tax.

A non-refundable deposit of $200 or 50% of total price, whichever is higher, is required to confirm any orders, unless otherwise stated.

In the event that a required deposit is not made five (5) working days prior to event, the Seller reserves the right to cancel the order without any notification to the Buyer.

If, in any unforeseen circumstances that, the Seller is unable to accept or fulfil the order, the deposit will be refunded at no administrative charge.

We accept payment via “Bank Transfer” and “Couriered Cheque”. We accept “Credit Cards” payment for purchases via the Website.

“Cash/Cheque on Delivery” are accepted if specifically stated and agreed between the Buyer and the Seller.

For Bank Transfers, the Buyer has to make full payment as stated on the Quotation and/or the Invoice issued to the Buyer by the Seller. Please input the reference number on the Quotation and/or Invoice when making the transfer. Buyers are advised to retained and provide any proof of transfers in case of discrepancies.

For Cheque Payments, Buyer may mail a non-post-dated cheque to our business address. Buyers are advised to retained and provide any proof of transfers in case of discrepancies.

In an event that the Buyer is unable to provide any proof of payments and that Seller does not receive any payments, the Seller reserves the right to cancel the order immediately.

A late payment fee of 5% per month is chargeable on all outstanding due and owing not settled within the agreed credit terms. Pricing may be subjected to change without prior notice.

For information on other payment methods & extra surcharge, please continue reading or refer to the FAQ section.

6. AMENDMENTS & CANCELLATION POLICY

An administrative surcharge of $10 will be imposed for each amendment. Amendments must be made ten (10) working days prior to Product(s) event or delivery date, subjected to approval.

A $25 administrative charge will be imposed for each cancellation request.

For orders cancelled twenty-one (≤21) days or less prior to event date, 100% penalty on order total, and no refunds will be provided.

For orders cancelled thirty (≥30) days or more prior to event date, 50% penalty on order total in addition to a $25 administrative charge.

For orders cancelled sixty (≥60) days or more prior to event date, only a $25 administrative charge will be levied.

The Seller may cancel the contract of sale at any time before the Product(s) are delivered by giving a written notice (e-mail) to the Buyer. On the giving of such notice, the Seller shall repay to the Buyer any sums paid in respect of the Price of the product as according to the cancellation clauses. The Seller shall not be liable for any loss or damage whatsoever (inclusive of indirect or consequential losses) arising from such cancellation, due to late payment.

The Buyer may cancel the contract of sale at least sixty (60) days in advance before the delivery date by giving a written notice (e-mail) to the Buyer. On the giving of such notice, the Buyer shall be eligible for a full refund of total payment amount received.

Termination or suspension of the contract of sale, whether by the Seller or the Buyer and for whatever cause, shall be without prejudice to the accrued rights of the Seller. Notwithstanding termination of the contract of sale (for whatever cause), all obligations of the Buyer under the contract of sale shall, where relevant, survive termination, and the Seller shall be entitled to require performance of such obligations.

7. DELIVERY & PICK-UP POLICY

The Seller reserves the rights to accept or reject requests for specific time deliveries in relation to availability of drivers and transport.

Delivery time will not and cannot be fixed (eg. 12pm), instead is within a specific time frame of 1 hour (eg. From 11.30pm – 12.30pm), unless otherwise stated.

The Seller will strive to deliver within the delivery timing, as close to the stipulated timing.

Delivery time could be affected due to bad weather or traffic conditions and/or unforeseen circumstances.

The Seller shall not be liable or responsible for any late delivery or failure to deliver the products ordered due to unforeseen circumstances beyond control.

Specific delivery details such as contact person’s name, contact numbers, address should be provided which will be written on the invoice.

All invoices are used as final point of reference for delivery personnel.

The Seller shall not be liable for wrong information provided by the Buyer or written on the invoice. Buyer is responsible to check for the accuracy of the invoice details.

The Seller will deliver the Product(s) to the address that the Buyer provided to the Seller’s coordinators as written on the invoice. At the time that was stated by the Buyer and to the person in charge of the collection of the Product(s) as stated by the Buyer.

In the event whereby the Buyer is unhappy with the product, the Buyer should not accept the Product(s) and contact the Seller’s team immediately.

Should our courier be unable to deliver, a follow up e-mail or phone call will be sent to the Buyer informing the Buyer how they can collect their Product(s) or arrange for a re-delivery. It will then become the Buyers’ responsibility to contact our coordinators to arrange a suitable re-delivery date.

If no contact is made to our coordinators, the Seller accepts no liability or any loss or damage by reason of a delivery failure owing to the recipient not being available, or if the Product(s) perish and become inedible due to the result of non-delivery.

The Seller can only deliver to the address provided by the Buyer when placing an order and is not liable for late or failure to deliver if the stated address on invoice is incorrect before delivery.

In the event that there is no recipient to receive the Product(s), the Product(s) will be sent back to PastryDen’s storage facilities for self-pick-up by Buyer. No refund will be entertained due to the perishable nature of our products.

The Seller shall not be liable to the Buyer for late delivery or short delivery of the Product(s).

PastryDen Pte Ltd reserves the rights not to entertain any complains after Product(s) are delivered.

Standard collection (tear-down) timing is two (2) hours after the event commencement time, exclusive of delivery and set-up hours prior to that, for catering orders (eg. Event starts at 1pm therefore collection is at 3pm).

8. ACCEPTANCE & REJECTION OF PRODUCTS

The Buyer shall inspect the Product(s) upon delivery. The Buyer acknowledges and agrees that the entry or inscription of the Buyer’s signature on the Seller’s delivery note on the delivery of the Product(s) to the Buyer shall be conclusive evidence that the Buyer has examined the Product(s) and that the Product(s) correspond in every respect with the Product(s) that the Buyer is entitled to receive under the contract of sale.

The Buyer shall also be deemed to have accepted the Product(s) and is satisfied with the Product(s) upon either receiving the product, consuming it, signing the delivery slip (invoice) or after deliverymen has left the delivery location after delivery of product(s).

Where the Buyer, having received delivery of the Product(s), rejects them, the Seller reserves the right to require the Buyer to return the Product(s) to the Seller in its original form, irrespective of whether the Buyer is entitled to reject the Product(s).

The Buyer may not reject delivered products, on the grounds of short delivery. Product(s) that have been delivered by the Seller to the Buyer is chargeable at contract rate of the Product(s) that have been delivered.

Where the Buyer does within the relevant time period as stated above, notify the Seller in writing of any claim that the Product(s) delivered are defective or damaged or that there has been non-delivery of the Product(s), the Seller shall be given a reasonable opportunity to inspect the delivered Product(s) concerned and/or otherwise investigate the Buyer’s claim(s).

Where the Seller after such inspection/investigation agrees that the Product(s) are defective or damaged or that there has been non-delivery of the Product(s), as the case may be, though no fault of the Buyer, the Seller shall at its sole absolute discretion and without any further liability on its part, be entitled to either one of the below stated:

  • Delivered Product(s): Refund of a maximum of 20% for the Product(s) in question. OR;
  • Undelivered Product(s): Redeliver the Product(s) or fulfil the delivery of the Product(s), as the case may be. OR;
  • Undelivered Product(s): 100% refund for undelivered product(s) at contract rate to the Buyer within seven (7) working days.

If the Buyer rejects any Product(s), the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of such Product(s) or the failure by the Seller to supply Product(s), which conform to the contract of sale.

If the Buyer accepts or have been deemed to have accepted any Product(s), then the Seller shall have no liability whatsoever to the Buyer in respect of those Product(s).

9. RISKS

The risks in the Product(s) shall pass from the Seller to the Buyer upon delivery and receiving the products (acceptance of goods), be it in the form of delivery or self-collection.

The risks in the Product(s) shall pass from the Seller to the Buyer if the Buyer fails to receive products at appointed delivery location or time when the Product(s) are due and already delivered on the agreed day and date.

In the event where the Seller agrees to deliver the Product(s) to another delivery location (different from the original delivery location stated on the invoice), the risk undertaken by the Seller during delivery shall not extend to any risk of deterioration in the Product(s) that is necessarily incident to the course of transit.

The Buyer acknowledges and agrees that the Product(s) are perishable and that the Buyer would, upon delivery of the Product(s) assume full responsibility for the proper handling, storage and use of the Product(s).

10. PRIVACY POLICY

All billing and personal information are kept private and solely for documentation and administrative use only. We do not sell or supply Buyer’s private information to third parties or anyone not related to our company, PastryDen Pte Ltd.

PastryDen own and reserve the right to post Buyers’ company logo, name, comments, testimonials and pictures of the event on our website without consent of our Buyers.

PastryDen owns the photography rights to all products that are sold by us.

PastryDen also reserves the photography rights to advertise our customers’ cakes in any form of media.

If you are uncomfortable or dislike the information posted on our Website or any other platforms managed by PastryDen, feel free to write to [email protected] to request for it to be taken down.

Please see our Privacy Policy for more information on how we manage your information.

11. GOVERNING LAW

These Terms & Conditions are governed by the laws of Singapore. You consent to submit to the non-exclusive jurisdiction of the Courts of Singapore in any dispute relating to this Policy.

Amendments and Updates

We may amend the Terms & Conditions of Sale from time to time to ensure the consistency with any developments to the way PastryDen conducts its business(es) or any changes to the laws and regulations applicable to PastryDen. We will make available the updated Terms & Conditions on our website. All communications, transactions and dealings with us shall be subject to the latest version of this Terms & Conditions in force at the time.

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