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Personalised Figures - Handmade For Your Special Occasion

Terms of Sale

Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.

These terms of sale should be read in conjunction with the order form and the theicingontop.co.uk website conditions of use and privacy & cookies policy.

1. Formation of The Contract

  1. These terms of sale apply to all Personalised Polymer Clay Cake Toppers and Figures ("the goods") supplied to our customers ("you") by The Ginger Well Limited ("The Icing on Top", "we").
  2. No contract exists between you and The Icing on Top for the sale of the goods until we have received and accepted your order and send you confirmation by email to the email address you have given. Once The Icing on Top does so, there is a binding legal contract between us.

    The Icing on Top's acceptance of your order can only occur after we have received and checked your detailed briefing information.
  3. The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
  4. Given the personalised and made-to-order nature of the product, you do not have the right to cancel the contract once it has been agreed.
  5. The Icing on Top may change these terms of sale without notice to you in relation to future sales.

2. Description and Price of The Goods

  1. The description and price of the goods you order will be as shown on the order form sent to you by email by The Icing on Top.
  2. The Personalised Polymer Clay Cake Toppers and Figures that complete your order are supplied as specified on your order form. Please ensure you check the details carefully.
  3. The prices payable for goods that you order are set out in your personalised quote. All prices are correct at the time of issue and will be honoured up until the end of the stated valid quote period.

    Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, (eg. detailed briefing indicates more work required than indicated on quote request form), we will advise you by email, offer to make you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
  4. Any minor changes must be notified at the pre-bake stage. After baking, no other changes are possible.
  5. In addition to the price, you will be required to pay a delivery charge for the goods and the return of your briefing material, as shown on the order form.

3. Payment

  1. Payment for the goods and delivery charge can be made by any method shown on theicingontop.co.uk website at the time you place your order.
  2. If there are delays in The Icing on Top receiving correct payment for the order, this may delay the delivery of the goods and the return of your briefing material.
  3. Once full payment has been received and we have accepted your detailed briefing, no refunds can be given.

4. Delivery

  1. The delivery of the goods you order and the return of your source material will be to the mainland UK or Northern Ireland address you give when you place your order. No orders will be accepted by The Icing on Top that require delivery to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. The goods must be signed for by an adult aged 18 years or over on delivery.
  2. The Icing on Top will use Royal Mail Special DeliveryTM to return your source material and to deliver the goods you order, as specified on your order form.
  3. If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
  4. We make every effort to deliver the Personalised Polymer Clay Cake Topper/s or Figure/s of your order by the estimated delivery date shown on the order form. However, The icing on Top will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, The Icing on Top will inform you as soon as possible.
  5. You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

5. Content

  1. You may only use The Icing on Top to produce Personalised Polymer Clay Cake Topper/s or Figure/s that do not infringe any copyright, trademark, patent or other intellectual property right of any third party.
  2. Wherever the detailed briefing material provided for an order breaches these terms relating to acceptable content we will not be able to proceed with the project until the necessary changes have been jointly agreed. If no agreement can be reached then the order will be cancelled and The Icing on Top will, within 30 days return the briefing material, refund or recredit you for the sum that has been paid by you or debited, less any deposit paid and the costs of returning the briefing material to you.
  3. The Icing on Top will not accept your order unless you have either agreed to these terms online or returned a signed copy of the order form showing that you agree to these terms. If there is a delay in The Icing on Top receiving confirmation of your acceptance of these terms or receiving payment this may delay the delivery of the goods and the return of your briefing material.

6. Copyright Waiver and Limitation of Liability

  1. You take sole responsibility for the legality of all materials & content supplied to The Icing on Top. By accepting and using The Icing on Top Personalised Cake Topper & Figure service, you pledge that all materials & content supplied to The Icing on Top for whatever reason in no way infringes on any copyright, trademark, patent or other property right of any third party.

    You will indemnify and hold The Icing on Top harmless in respect to any claim of violation of such laws.
  2. You agree that the liability of The Icing on Top, its agents and employees, for any losses or damages of any kind or nature to your source material, is limited to the cost of replacing it with blank media or unused material as appropriate.
  3. You also agree that The Icing on Top, its agents and employees shall not be otherwise liable to you for any loss or damage of any kind or nature, whether direct, incidental, consequential, or otherwise.

7. Product Usage & Image Rights

  1. Private and decorative use only.
  2. Commercial use is specifically excluded unless pre-agreed in writing by The Icing on Top.
  3. Photographic images of toppers and figures created by The Icing on Top may not appear on websites or any publication without the written permission of The Icing on Top. An additional fee may be required if permission is given.
  4. The Icing on Top retains the right to use photographic images of all toppers and figures produced within its marketing materials, (including theicingontop.co.uk website), and for promotional purposes within third-party publications.

8. Defective Goods

  1. All goods supplied by The Icing on Top should be free from defects on the date of supply.
  2. As soon as you take delivery you are responsible for the safety of the goods.
  3. In the unlikely event of damage to the goods in transit, you should notify us by email or phone no later than the working day after receiving the goods.

    You will be asked to describe the issue and (if possible) to email a digital image of the breakage so that the problem can be accurately assessed.

    For urgent minor repairs you may wish to remedy the situation by using a strong craft glue to re-join any fragments to the main part of the figure or topper.

    Where the goods require more extensive repairs or you prefer The Icing on Top to remedy the minor damage, we ask you to return the goods to us using Royal Mail Special Delivery. We will despatch the repaired goods back to you by a mutually agreed date.

    The Icing on Top will refund the cost of the postage paid in returning goods damaged in transit within 30 days.

9. Data Protection

  1. We gather personal information about you when you request a quote.

    The details we ask for at this stage are title, first name, surname, email address and phone number.

    We request this information for the following business reasons:-

    • Identification
      We use the information gathered to identify you in future communications between us.

    • Communication
      We use the information gathered to communicate with you about our services as you have requested and to address you correctly in any such communication.

    • Web Security
      Internet security is important to us. In order to access our online payment area for placing your order, customers need to supply a valid email address. The validity of this information is checked against emails supplied at quote request stage.

    • UK Service Only
      The Icing on Top services are only available to people with a UK postal address.


    At quote acceptance stage we ask you to provide details of your delivery address.

    We request this information for the following business reasons:-

    • Identification
      We use the information to identify you in future communications between us.

    • Communication
      We use these details to communicate with you about our services as you have requested.

    • Market Analysis
      We use the postcode information provided at aggregate level for market analysis purposes.

    • Delivery Procedures
      To protect both our customers and The Icing on Top, we only despatch orders to the delivery address provided at quote acceptance stage.

  2. While The Icing on Top takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, we cannot be responsible for the acts of those who gain unauthorised access, and we make no warranty, express, implied or otherwise, that we will prevent unauthorised access to your private information. In no event shall The Icing on Top or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorised access to your personal information, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether The Icing on Top was given actual or constructive notice that damages were possible.
  3. The Icing on Top will not disclose any personally identifiable information about you without your permission unless we are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud).

10. Applicable Law

  1. These terms of sale and the supply of goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
  2. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

"The Icing on Top" is a trading name of The Ginger Well Limited
Registered in England: No. 5309741.
Registered Office: 21 St Thomas Street, Bristol, BS1 6JS

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