Terms & conditions

The Cherry on the Cake V.O.F.

avenue Winston Churchilllaan 39/3

1180 Brussels

Belgium

VAT BE0893020503
 

Placing an Order

At The Cherry on the Cake you can place an order online, or by email. All prices quoted on our website are in EUROS, include VAT but do not include delivery costs. If applicable, a delivery charge will be added during the purchasing process. For more information on delivery and charges, please go to Delivery & Payment.

Promotional offers and prices are subject to validity at the time of ordering. Prices can change without notice.

By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. You will also have declared that you are older than 18 years of age and responsible for your purchase.

The sales contract is created on the Order Summary page when you click on “Confirm Order”. The sales contract becomes binding when we receive confirmation of receipt of your payment. The Cherry on the Cake can cancel an order or add extra conditions if necessary for example for large orders, incomplete order procedures and problems with previous orders. In this case you will be notified within 24 hours of your purchase.
Companies and/or individuals with a valid VAT number can request an invoice. This option is included in the purchasing process. The current rate of VAT is 21%.

Once you have placed your order you will receive an order confirmation email from us.

Products, Law & Territory
 
All products offered by The Cherry on the Cake.com fall under Belgian legislation. If products are used in an incorrect or irresponsible manner, The Cherry on the Cake.com can not be held liable under any circumstances. Furthermore, The Cherry on the Cake.com cannot be liable for any material or physical damage to third parties caused by illegal and/or incorrect use of goods purchased from this website.
Our Terms and Conditions and your use of the The Cherry on the Cake.com website are governed by Belgian law and you agree to submit to the jurisdiction of the Belgian court. Disputes concerning the conclusion, the validity, the interpretation and implementation of the sales contract or the current general terms and conditions fall under Belgian legislation and will be treated exclusively by the jurisdiction of the District Court of Brussels, Belgium.

Website and Conformity of Goods

We endeavour to ensure that the goods we sell have accurate descriptions, specifications and pictures. However, these are not binding and are aimed at giving you a general description of the products. The Cherry on the Cake.com will not be responsible for errors or omissions.
We aim to only post pictures that are a close representation of the product. Colours can however vary from one computer to another due to browser software and computer system set up. As a result, we cannot be held liable for colour differences. 
The Cherry on the Cake.com cannot be held liable for damages incurred from access or use of this website nor for the temporarily unavailability or poor functioning of the website.

Order Cancellation and Returns Policy

Belgian legislation (14th July 1991) allows the buyer to cancel the order within 7 working days of the date of delivery. The goods need to be returned within 5 working days after the notification of cancellation. You may only return goods after confirmation from The Cherry on the Cake.com to do so. Cancellation is not possible for goods that have been especially made for you.
The goods need to be returned to The Cherry on the Cake.com in perfect condition, undamaged, unopened and in the original packaging. The buyer should include a copy of the invoice or delivery note. The Cherry on the Cake.com has the right to refuse returned goods or not refund the goods if these have been damaged, used, or washed or if the original packaging has been opened. You will be required to arrange and pay for the return of the products to us. For an order cancellation, The Cherry on the Cake.com will refund the buyer within 30 working days upon receipt of the goods and will repay the cost of goods but not the incurred delivery charges. We will only refund the costs of postage where the item returned is faulty.
When returning goods you are strongly recommended to use a trusted courier service as we cannot accept responsibility for parcels lost in transit. Returned parcels with unpaid or insufficiently paid postage will be refused and sent back to the sender.
We will not accept returns of articles made to measure.

Address for returns:
The Cherry on the Cake.com
Av. Winston Churchilllaan 39/3
1180 Brussels
Belgium

Loss or damage during transport

In accordance with Belgian law the buyer is responsible for loss and/or damage of an ordered product once the products have been delivered. You are responsible for checking your goods upon delivery. In the event of damage, a refund or replacement can only take place if the goods are immediately returned to The Cherry on the Cake.com upon receipt. By signing the delivery note, the buyer declares acceptance of the goods and a refund or replacement will no longer be possible.

Delivery

Goods are usually delivered within 7 working days, stock permitting. If goods are no longer in stock, momentarily or permanently, The Cherry on the Cake.com will notify you. Dates quoted for delivery are estimated dates only and may be subject to changes which are out of our control. Eventual delivery delays do not give the buyer the right to cancel the order, refuse goods or claim damages. 
The buyer is responsible for communicating the correct delivery address. If applicable, a delivery fee will be charged, covering the delivery to a single address. In the case of an incorrect delivery address extra charges may occur (for example for the re-dispatching of the parcel). Additionally,The Cherry on the Cake.com  is not liable in the case of the impossibility of delivery due to incorrect delivery details. 

Guarantee & Warranty

If goods fall under warranty The Cherry on the Cake.com will endeavour to have faulty items replaced or the goods refunded in accordance with the warranty general terms & conditions but will not be liable for any further damage claims. The Cherry on the Cake.com can never be held liable if a supplier does not follow through on its responsibilities for example in the eventual case of a bankruptcy of the supplier. The Cherry on the Cake.com is not responsible for the loss, material or any other damage incurred by the buyer or any other third party due to the use of the goods.

Complaints

Complaints can be made by emailing us at caroline@thecherryonthecake.com and we will respond within 5 working days.

Privacy

Your personal details will only be used by The Cherry on the Cake.com for the confirmation, invoicing and delivery of your order. However, if you have given your personal consent during the registration process, we may transmit your personal details to organisations contractually bound to The Cherry on the Cake.com. In accordance with the law 78-17 dated 6th of January 1978, you have the right to access and amend your personal data. You can do this personally by accessing your account information online (via details after registration) or by contacting us at caroline@thecherryonthecake.com.

Intellectual property rights

All content of the The Cherry on the Cake.com website (including pictures, designs, logos, written texts, photographs and other materials) and the underlying technology are protected by copyright trademark or registered trademark. They are protected by intellectual property rights and belong to The Cherry on the Cake.com.
Any party who wishes to link their website to the The Cherry on the Cake.com website can only do so with the explicit authorisation of The Cherry on the Cake.com. Every hyperlink redirected to the The Cherry on the Cake.com website using framing or in-line link is forbidden.