1. Terms & Conditions of Sale

   1.  This document (together with any documents referred to in it) informs the Customer and Consumer as applicable (hereafter referred to as “you” or “your”)  of the terms and conditions upon which we sell and supply the MasterClasses and other products  (the 'Goods')  and/or services (the “Services”) as listed on our website ,www.kiranmandalia.com, (the 'Website') and duplicated at our Head Office (in person, by phone or via email) to you. Before confirming your order please:

      1. Read through these terms and conditions, by ordering any of the Goods or Services listed on our Website or at our Head Office, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on our Website and duplicated at our Head Office from time to time.

   2. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) and continued purchases at our Head Office following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions. No employee of Kiran Mandalia or Cake Boulevard is authorised to waive our terms and conditions. 

2. About Us

   1. The Website & Our Services are owned and operated by Kiran Mandalia (“we”, “us”, “our”).

3. Communication

   1. You agree that communication via email, phone, letter and other electronic communications where delivery of such communications is instantaneous are acceptable means of communications.

4. Overseas Orders

   1. Our Website is only intended for use by customers resident in England, Scotland and Wales.  We can, at our discretion, accept orders outside of this.  This will be at our sole and absolute discretion and subject to additional shipping fees, postage costs and import duties if this is outside the UK for any sale of goods.  Please ensure you contact your local customs office or taxation authority for further information prior to placing your order. We shall not take any responsibility for Overseas Orders whatsoever where the Customer has failed to take steps to ensure that all posting and shipping fees, costs and import duties have not been satisfied by you.  Any overseas customers intending to take our courses would need to make their own arrangements to visit our UK Head Office to attend their selected course.

5. Registration on our Website

   1. Where necessary when registering on the Website you must choose a username and password of satisfactory security. You are responsible for all orders placed and accepted by us under your chosen username and password.

   2. By registering on the Website you undertake:

      1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods and courses are true, accurate, current and complete in all respects

      2. To notify us immediately of any changes to the information provided on registration or to your personal information

      3. That you are over 18

      4. To only use the Website using your own username and password

      5. To make every effort to keep your password safe and not to disclose your password to anyone

      6. To change your password immediately upon discovering that it has been compromised

      7. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

      8. You authorise us to transmit your name, address and other personal information supplied by You (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity. We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to the Website immediately and without notice to you if:

         1. You fail to make any payment to us when due

         2. You breach any of these Conditions

         3. You are impersonating any other person or entity

         4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you

         5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

6.  MasterClasses with us:

   1. All our MasterClasses are created with the highest level of care.  The cake being created on the day of the MasterClass may not be that shown on the website.  However, the techniques and finishing being used will be in line with the description provided.

   2. Where possible we require all MasterClasses to be booked 48 hours in advance to ensure preparations​ can be made for your attendance. 

   3. We reserve the right to accept orders on shorter notice than those stipulated in clause 6.2. However this is at our sole and absolute discretion and we shall agree this with you at the outset of your instructions.

   4. We will provide the materials required for your courses including at least one edible tier in your cake decorating courses.  Additional tiers will be dummy tiers.

   5. We shall not be liable for any consequential loss to the customer whether this arises from a breach of contract or any other way. Liability for any claim howsoever arising shall not exceed the amount as paid at the time of the dispute by you. 

7. Ordering Process

   1. Any quotation given by us before you make an order for goods is not a binding offer by us to supply any such goods. When you decide to place an order for goods with us, this is when you offer to buy such goods from us.

   2. When you place your order with us, we will acknowledge it in store by our authorised staff members or by email if the course or product cannot be booked online. Such acknowledgement does not, however, mean that your order has been accepted until payment has been received in full.

   3. We will only accept your order when you book online (or in store if the item or course is unavailable to book online).  We will email you to confirm this (Confirmation E-mail). At this point:

      1. a legally binding contract will be in place between you and us, and

      2. We will book you into our MasterClass as requested.

   4. We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:

      1. The classes or goods are unavailable

      2. We cannot authorise your payment

      3. You are not allowed to buy the goods from us

      4. We are not allowed to sell the goods to you

      5. You have ordered too many goods

      6. The minimum number of students required for the class has not been reached

      7. There has been a mistake on the pricing or description of the goods​

8. MasterClasses

   1. It is your duty to ensure the course is aligned with your skill level​

   2. You can call the Head Office or contact us at any time should you have any queries about the course content or skill level required

   3. Kiran Mandalia or Cake Boulevard will not be liable for any misunderstandings about the course content.  All courses are non-refundable.

   4. We do not guarantee any sales on completion of any of our classes. 

   5. Any advise provided are as a guide and it is at your discretion to ensure you conduct your own due diligence regarding any laws or practices that are overseen by any governing body. 

   6. Completion of our classes does not entitle you to use any brands associated to Kiran Mandalia (including Cake Boulevard) for any purpose what so ever including advertising and promotional activities and within sales to customers.

9. Cake Boulevard Collective

   1. The Elite MasterClass will be attended by the person booking and is non transferable​

   2. On successful completion of your Elite MasterClass course you will become a member of the Cake Boulevard Collective

   3. An annual membership is payable at the end of your membership period (each membership period is 12 months)  to remain in the collective.

   4. Kiran Mandalia reserves the right to remove any social media content, blogs or any promotional material linked to you or your business on non-payment of the annual fee

   5. We do not guarantee any sales for members of the collective, it is your responsibility to continue your own marketing and generate leads and sales

   6. Our clients will have access to the Cake Artists within the collective to select from on our website, we will not unfairly guide clients to a specific member of the Collective

   7. Kiran Mandalia reserves the right to select you for projects that may be in the pipeline.  Should you agree to participate,  Kiran Mandalia reserves the right to tag and endorse you on such projects. 

   8. All images taken by us, images from your website and social media will be used as content by Kiran Mandalia on her own platform as well as other platforms for promotional purposes.  As a member of the Cake Boulevard Collective, this is acknowledged as acceptance on such images being used for the said purposes.

   9. You must ensure your own T&C's and Privacy Policies are available to your clients

   10. You must deal with complaints and procedures using your own processes.

   11. Any contracts you sign are between you and the party with which you sign and no legal action can fall onto Kiran Mandalia or any associated businesses including Cake Boulevard in any event.

   12. We reserve the right to remove members from the Collective if we feel you are not aligned with our ethos, if we receive more than 3 complaints for poor quality or service or for any activities that we feel have a negative effect on our brand. In such an event no refund for the Elite MasterClass other MasterClasses or membership fees are refundable to you.  

10. Payment

    1. We accept cash, credit cards and debit cards as shown on our online payment methods.

    2. Your credit card or debit card will only be charged when the orders are accepted in accordance with clause 7.

    3. All payments by credit card or debit card need to be authorised by the relevant card issuer.

    4. If your payment is not received by us we reserve the right to cancel you order with us​​

11. Force Majeure

    1. We shall not be liable if delayed in or prevented from performing our obligations under these terms and conditions due to Force Majeure, provided that we:

       1. promptly notify you of the Force Majeure event and its expected duration; and

       2. use reasonable endeavours to minimise the effects of that event.

    2. If, due to Force Majeure, either we or you:

       1. shall be unable to perform a material obligation; or

       2. are delayed in or prevented from performing our obligations for a continuous period exceeding 2 days the other party may, within 10 days, terminate the contract on immediate notice or the both you and us shall, within 3 days, renegotiate the contract to achieve, as nearly as possible, the original intent.

    3. A Force Majeure event shall be construed as meaning an event or sequence of events beyond our or your reasonable control (after exercise of reasonable care to put in place reasonable back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake, Government bans or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes but excluding your inability to pay or circumstances resulting in your inability to pay.

    4. Where neither you or we can come to an agreement following any Force Majeure event then the contract for the supply of Goods shall become frustrated and both you and we shall be released from our contractual obligations to each other. Any payments made in accordance with clause 10 shall be kept by us in so far as they relate to the Service and/or Goods which we have provided before and up to any force majeure event.  This includes any preparation or paperwork (chargeable at £120 per hour) that we carry out on orders as well as any special equipment ordered. 

    5. Any refunds due will be in the form of a credit note that would be required to be used in a single transaction within the period stated on the credit note when issued.  This can range from 1 month to 12 months and is at our sole discretion.  We do not offer cash / card refunds under any circumstances and your acceptance of this is confirmed on placing any orders with us.

12. Complaints

    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:

       1. the Goods

       2. our Service to you

       3. any other matter

    2. Please contact us within 14 days and send and address all complaints to our Authorised Complaints Handler.

    3. We shall use our best endeavours to attempt to resolve the matter using our internal complaints procedure. Upon receipt of a validly addressed complain our Complaints Handler shall:

       1. Acknowledge your complaint within 5 working days of receipt of your complaint

       2. Investigate your complaint and speak with all relevant parties involved.

       3. The Complaints Handler will send you a detailed, written reply to your complaint, including their suggestions for resolving the matter. This reply will be sent within 21 working days of our first response.

       4. If you are not satisfied with our response, contact us again and we will arrange for a senior manager or Our director to review the decision.

       5. We will write to you within 14 working days of receiving your request for a review, confirming the final decision on your complaint and explaining our reasons.

13. ​Deposit and Charges

    1. A non-refundable full payment is required for all goods and MasterClasses on our website. 

    2. Upon receipt of the Payment you will be booked into your chosen MasterClass. Where applicable any goods ordered will be dispatched within 5 - 10 working days.

    3. An order is only set to confirmed if your payment has been made and funds have been cleared.

14. Cancellations & Refunds​

    1. ​All deposits and payments made are non-refundable

    2. It may be possible to switch your MasterClass date or type of MasterClass, however, this is at our sole discretion.

    3. We recommend you take out the appropriate insurance to cover you in the event that you are unable to attend for any reason.  

    4. We reserve the right to cancel a class including if we do not reach the minimum required attendees for the class.  In such an event we will refund you in full and notify you with as much notice as possible. 

    5. Any refunds due will be in the form of a credit note that would be required to be used in a single transaction within the period stated on the credit note when issued.  This can range from 1 month to 12 months and is at our sole discretion.  We do not offer cash / card refunds under any circumstances and your acceptance of this is confirmed on placing any orders with us.

15. Disclaimer

    1. ​Whilst any information or prices shown on the website are kept as up-to-date as possible, Cake Boulevard reserves the right to change the quoted prices without notice and customers should confirm prices when placing their order. 

    2. Placing an order with Cake Boulevard is taken as acceptance of these terms and conditions. The customers statutory rights are not affected. English law applies to all transactions and English Courts shall have exclusive jurisdiction over any matters arising from these terms and conditions 

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Last Updated on 14th July 2020

 

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