Terms & Conditions

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1. Terms and Conditions Overview

1. These Terms and Conditions apply to the provision of the services detailed in our quotation (“Services”) by Eden Confectionaries.

2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier). These Terms and Conditions and our quotation (together, “The Contract”) form the entire agreement between us.

3. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of Eden Confectionaries.

4. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

2. Interpretation

1. A “business day” means any day other than a Saturday, Sunday, or bank holiday in England and Wales.

2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

3. Words imparting the singular number shall include the plural and vice versa.

3. Services

1. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects, for a reasonable charge.
   We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

2. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

3. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

4. Your Obligations

1. You must obtain any permissions, consents, licences, or otherwise that we need and must provide us with access to any and all relevant information, materials, properties, and other matters required for us to provide the Services.
   If you do not comply with this clause, we can terminate the Services.

2. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section.

5. Fees and Deposits

1. The fees (“Fees”) for the Services are set out in the quotation and are on a time and material basis. A quotation will specify a price or the method of calculation (e.g., hourly rate or fixed price).

In addition to the Fees, we can recover from you:
a) reasonable incidental expenses (travel, trims, research, fabric swatches, subsistence, etc.);
b) the cost of services provided by third parties required for performance; and
c) the cost of any materials required for the Services.

1. You must pay for any additional services not specified in the quotation in accordance with our current applicable hourly rate or any other agreed rate.

2. VAT is charged at the standard 20% rate in addition to the Fees.

3. You must pay a non-refundable deposit (“Deposit”) as detailed in the quotation at the time of acceptance.

4. If the Deposit is not paid, we can withhold provision of Services or terminate the Contract.

5. The Deposit is non-refundable unless we fail to provide the Services or are at fault for such failure.

6. The outstanding balance (“Balance”) must be paid in full before arranging collection of finished products or services.

7. You must arrange collection within seven (7) days of being notified that your order is ready, unless otherwise agreed in writing.

8. We reserve the right to withhold finished products, materials, or items if any balance remains outstanding.

6. Price Reduction

1. You can claim a price reduction where repeat performance is impossible or cannot be carried out with reasonable skill and care within a reasonable time without causing significant inconvenience.

2. The amount of any price reduction will depend on the seriousness of the breach.

7. Cancellation and Amendment

1. Services: You can cancel within 14 days. If you agree for the service to start within this period, you may be charged for work already completed.

2. Digital content: You have a 14-day right to cancel and receive a full refund unless the download has already begun and you acknowledged this in advance.

3. We can withdraw, cancel, or amend a quotation if it has not been accepted or work has not begun within 90 days of issue.

4. Either party may cancel an order for any reason prior to acceptance.

5. Amendments must be submitted in writing as soon as possible. Additional costs will be added to the Fees.

6. If changes are required due to circumstances beyond our control, we will notify you immediately and aim to minimise disruption.

8. Payment

1. We will notify you of the payment of the Fees due:
   a) upon issue of quotation;
   b) upon collection/delivery as agreed;
   c) balance due before collection;
   d) in certain cases, Services may begin prior to deposit receipt (at our discretion);
   e) extra Services ordered after work begins must be confirmed in writing.

2. You must pay Fees within the agreed timeframe — time of payment is of the essence.

3. If payment is late, we will charge 8% per annum interest above the Bank of England base rate plus an administrative fee up to £100.

4. Payments must be made in full without deduction or offset.

5. If payment is not received, we can suspend work and cancel future services.

6. Receipts will be issued upon request.

7. All payments must be made in British Pounds unless otherwise agreed.

9. Subcontracting and Assignment

1. We may assign, transfer, charge, or subcontract any rights or obligations under this Contract.

2. You must not do so without our prior written consent.

10. Termination

1. We may terminate immediately if you:
   a) commit a material breach of these Terms;
   b) fail to pay any amount due;
   c) become insolvent or bankrupt;
   d) enter voluntary arrangement or liquidation; or
   e) become subject to administration or winding-up proceedings.

11. Unwanted Orders or Change of Mind

1. You must notify us immediately if you no longer wish to proceed.
   You will be invoiced for services performed up to the date of cancellation. Products ordered must be paid for in full.

12. Delivery / Collection

1. Collections must be arranged in advance.

2. Deliveries can be arranged upon request.

3. We may use third-party couriers for delivery.

4. We are not responsible for delivery delays caused by events beyond our control.

5. Tracking details will be provided where possible.

6. It is your responsibility to ensure someone is available to receive and sign for delivery.

7. Delivery fees will be added to the final balance unless agreed otherwise.

13. Storage

1. We store materials and items for up to thirty (30) days after completion.

2. We may ask you to collect items earlier if space is limited.

3. We do not store materials for cancelled or paused projects.

4. Uncollected items after thirty (30) days may be disposed of or shipped at your expense.

14. Health and Safety

1. We comply with CDM Regulations 2015 and all relevant health and safety legislation.

15. Disputes

1. We aim to resolve disputes quickly. Please email contact@edenconfectionaries.uk for assistance.
   We will respond within five (5) working days. Independent authorities may be involved where necessary.

2. Disputes fall under the jurisdiction of the courts of England and Wales (or Scotland/Northern Ireland as applicable).

16. Exceptions

1. You cannot make a claim if the service was carried out with reasonable care and skill but did not meet your personal expectations.

2. You cannot claim where you or your representative caused the problem.

3. If you request use of inappropriate materials or methods against our advice, you cannot claim for the outcome.

4. Any such agreement must be confirmed in writing.

5. You cannot claim if you simply change your mind, unless a statutory right to cancel applies.

6. No claims will be accepted for faults arising from fair wear and tear.

17. Intellectual Property and Imagery

1. We reserve all copyright and intellectual property rights in any goods supplied in connection with our Services.

2. We may take legal action to prevent infringement.

3. Some images on this website belong to Eden Confectionaries, others to their respective owners. All are used for illustrative purposes only.

4. Images cannot be reproduced without prior written consent of Eden Confectionaries or the image owner.

18. Personal Data

1. We do not share your data with third parties.

2. We collect contact details, billing and shipping addresses, and other communication data for order processing.

3. We do not collect or store sensitive data such as bank or card details.

4. Your email may be used for marketing updates.

5. You may unsubscribe from marketing emails at any time.

6. We do not share or sell your designs or business information.

19. Non-Disclosure Agreements (NDA)

1. All NDA requests must be made in writing and signed by both parties.

2. Learn more or download example NDAs via www.gov.uk.

3. We reserve the right to create and share imagery, case studies, or behind-the-scenes content about our Services for marketing purposes.

4. We will endeavour to credit product owners where possible.

20. Liability and Indemnity

1. Our liability is limited as follows:

2. The total liability is limited to the total Fees paid under the Contract.

3. We are not liable for:
   a) indirect or consequential losses;
   b) loss of profit, data, business, or reputation;
   c) failure caused by events beyond our control;
   d) losses arising from your breach of obligations; or
   e) results arising from your chosen specifications or materials.

4. You must indemnify us against damages or claims caused by your actions.

5. Nothing limits our liability for death, injury, negligence, or fraud.

6. Refunds will be issued for items faulty, misdescribed, or not fit for purpose.

7. Refunds will not be issued if you:
   a) knew of a defect when ordering;
   b) damaged or altered items;
   c) no longer want the item;
   d) provided unsuitable materials or unclear instructions.

21. Circumstances Beyond Control

1. Neither party is liable for delay or failure due to causes beyond reasonable control (e.g., power failure, strikes, natural disasters, war, or terrorism).
   If delays exceed 90 days, either party may terminate the Contract.

22. Communications

1. All notices must be in writing and signed by or on behalf of the party giving notice.

2. Notices are deemed received:
   a) upon delivery by courier during business hours;
   b) upon confirmation of email or fax transmission;
   c) five (5) business days after posting by regular mail; or
   d) ten (10) business days if sent by airmail.

3. Notices must be sent to the most recent address or email notified to the other party.

23. No Waiver

1. No delay or omission in exercising rights shall operate as a waiver.

24. Severance

1. If any provision is found unlawful or unenforceable, it shall be severed, and the remainder shall continue in effect.

25. Law and Jurisdiction

1. This Agreement is governed by and interpreted according to the laws of England and Wales.
   All disputes (including non-contractual claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.