Terms & Condition
Dear Valued Customer,
Thank you for choosing Cat & the Fiddle for all your cake needs. By purchasing our products, you are deemed to have read, understood and accepted the following terms. For the purposes of clarity, Cat & the Fiddle shall be referred to as “C&F”/“We”/“Our”/”Us” in this policy.
1. STANDARD TERMS AND CONDITIONS OF TRADING
These terms form the basis of the agreement between our customer and C&F. These terms, your order and order confirmation are considered by C&F to set out the whole agreement between you and us for the sale of our products. It is your responsibility to check through all details in the order confirmation are complete and accurate.
This agreement together with order confirmation documents provided constitute the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties.
(a) Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on any statement, representation, warranty or understanding made prior to this agreement save to the extent that such statement, representation, warranty or understanding is incorporated into this agreement.
(b) Each of the parties acknowledges and agrees that in entering into this agreement it has not relied on (or has been induced to enter into this agreement by) any statement, representation, warranty or understanding made prior to this agreement. Nothing in this paragraph excludes any liability for fraudulent misrepresentation.
In the event that any one or more such provisions of this agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted.
2. COMMITMENT TO QUALITY EXCELLENCE
C&F ensures that the goods we provide are of satisfactory quality as defined in the Sales of Goods Act S14 (2) and comply with the lemon law as encapsulated in the Consumer Protection (Fair Trading) Act.
At Cat & the Fiddle, the safety, quality and hygiene of all our products is our top priority. Our products are produced in a state-of-the-art ISO2200 accredited facility using industry best practice and strict quality control procedures. ISO22000 is the global benchmark for the highest standards of expertise, quality and integrity in food safety.
During transit, our cakes are handled with care by a team of dedicated drivers in temperature-controlled vehicles. Our drivers adhere to a set of strict Service Standards including the commitment to making your deliveries on-time, every time as well as ensuring your cakes are delivered as Chef Daniel Tay himself intended.
Whilst every endeavor is made to ensure consistency, all product images shown are for illustration purposes only and may not be an exact representation of the product. Cat & the Fiddle reserves the right to change product images and specifications at any time without notice.
3. PAYMENT CONDITIONS
All prices are non-negotiable. We do not ‘price match’, as our prices are based upon our high standard of work and quality of ingredients used. Successful payment secures the listed price(s) for the order and prevents any further price increases up to the point of delivery, except in exceptional circumstances beyond our control, e.g., increase in ingredient prices, increase in fuel prices…etc.
We offer discounts and other forms of promotional pricing from time to time. Hence it is our policy to display prices reflecting discounts or promotional pricing during the period of promotion.
We are committed to the avoidance of over or undercharging. To ensure pricing accuracy, it is our policy to clearly list all prices in Malaysian Ringgit (MYR), inclusive of Goods and Services Tax, delivery and shipping charges, and any additional charges.
In the event of C&F's special promotion, please kindly note the discount will be automatically applied to the lower-priced cheesecake. Please also note that there is a maximum of 1 complimentary cake per order during such events. All other promotions and discounts are not applicable during such special events.
Placing an Order
To place an order, follow the instructions on the Checkout page of this website. You are able to correct errors on your order up to the point at which you click on the “Pay Now” button on the “Pay” page. Orders can be placed up to a maximum of 30 days in advance of the intended date of delivery.
You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements. We will use various procedures to authenticate each transaction. By placing an order, you confirm that the details contained in the order are correct in all respects. The system will display a confirmation page listing out the details of your order. This confirms receipt of your order.
A contract between you and us is only formed when we receive your PayPal / credit / debit card payment and send you a confirmation email that your order and payment has been accepted. Please keep a copy of the confirmation page for your records. For self-collection of your order, please also present the payment confirmation email upon collection at any C&F collection points. We may, at any time, decline to process your order or any part of your order for any reason including where insufficient or incorrect information has been provided, authentication has not been possible or an exchange rate has been quoted in error.
You will be required to pay for your order in only one of two ways, either by making a payment via credit or debit card at the time of online ordering or by subsequently making a payment via PayPal. For any PayPal payment, you must make payment within 12 hours of the placement of your order, otherwise we may cancel your order.
Pre-payment with credit card is required through our online shop. Cash on delivery or any other payment method is not accepted. Upon completion of your order, you will receive an email, an automated order summary and an invoice.
Children/minors under the age of 18 must seek permission from their parents before placing an order and are deemed to have done so.
All creative and copy is written with the laymen in-mind to ensure the message is clear and understandable for audiences of all ages. Terms and Conditions for contests and promotions are stated in legible text and plain English. From time-to-time, communications will be tested with audiences of various age groups to ensure messages are understood as the intended.
Orders can be cancelled at least 36 hours ahead of the scheduled Collection / Delivery date by contacting our Customer Service hotline at +60 18 8721 818 or email to firstname.lastname@example.org. However the value of the order can onlFy credited as store credit to the purchaser's C&F Account and not as a direct refund. Please note that cancellation of all orders will incur an administrative charge of MYR37.61 (including GST). Do kindly note that all order is non-refundable or non-exchangeable for cash, in kind, or other goods and services during promotional period.
We reserve the right to cancel your order and refund any money paid at our absolute discretion with or without reasonable basis.
5. ALTERATIONS AND CHANGES TO YOUR ORDER
It is your responsibility to read and check the details of your order thoroughly; any requests to amend an order must be made in writing at least 36 hours before the specified delivery/collection time. Please note that all alterations and changes of orders will incur an administrative charge of MYR37.61 (including GST). Do kindly note that alterations are not allowed for orders made during promotional period.
All illustrations and descriptions displayed on our website or distributed by email, brochure or in any other way are for guidance purposes only and may not necessarily conform to the good(s) which you receive from us. We cannot guarantee that all the specific products, including ingredients and/or add-ons, used and/or included in the production and/or sale of our cheesecakes at any given time will also be used and/or included for all present or future orders. For example, when a supplier de-lists an item such as a particular stencil design, etc, we will endeavour to re-design this to reflect as closely as possible the spirit of the original design using replacement products.
In all cases we will try to contact you to advise you of any such changes, however we reserve the right to replace these items for those of equal or better quality without consultation. We reserve the right to make alterations to the design, appearance and technical specifications of our products from time to time and at such time or at any other times, to make alterations to our advertised information concerning such products, without notice.
6. ALLERGIES & SPECIAL DIETARY REQUIREMENTS
ll our cakes contain some form of gluten, fish, eggs and dairy products, so they are not suitable for those suffering from intolerance or allergies to these particular foods. Please be aware that our cheesecakes may/could contain traces of nut. We will not be held responsible for any adverse effects arising from the consumption of our products by anyone suffering from intolerance or an allergy to nuts and/or any food.
Non-edible items may be used as decorations or packaging for the cheesecakes. It is your responsibility to ensure that any non-edible items are removed prior to consumption.
As of 10 November 2019, all C&F cheesecakes are officially Halal-certified by Department of Islamic Development Malaysia (JAKIM).
7. DELIVERY & COLLECTION CONDITIONS
Our cheesecakes can be collected directly from our office, retail stores or delivered to you at a requested address. Delivery is by arrangement only and delivery charges apply. During festive seasons, a delivery surcharge of MYR27.86 may also apply. It is essential that when delivery is confirmed, someone is present to receive the cake(s) at the specified time interval as, without explicit consent, we are unable to leave your order with someone else or unattended since our cakes may deteriorate if left on the doorstep. If for any reason you are not present at the time of delivery or where you have provided an incorrect, inaccurate or incomplete delivery address, we will endeavour to re-deliver, however this will be subject to a fee of MYR27.51 (Next Day) and MYR51.88 (Same Day) including GST. Alternatively, you may collect your cakes from our office.
We cannot be held liable for any damage that is rendered to the cake(s) and/or any other items (including gifts, flowers, chocolates...etc) purchased from us after delivery or collection. Once the cake(s) and/or any other items has been delivered/collected we will not accept any liability either for any damage sustained to the cake and/or any other items thereafter or for any failure to follow the instructions provided.
If you chose to collect the cheesecake(s), and are unable to fulfil the collection on the specified date within the specified hours, please contact us to make the amendment. We will allow collection extension up to 7 days from the collection date. Once the order has been accepted, we will not be held liable for any damage to the cheesecake(s) once it has left our premises.
In the event if you have purchased multiple cakes in a single order, do kindly note that orders cannot be split and all cakes are to be collected/delivered on the same day as arranged.
For cheesecake(s) that have been delivered/collected, any missing add-on items for the associated order will be refunded as store credits to the purchaser’s C&F account within 3 business days accordingly.
We do not deliver to Sabah and Sarawak, restricted airline and cargo areas, BBQ pits as well as locations outside of mainland Malaysia. Any orders made to the excluded locations will be cancelled.
Neither we, nor any delivery service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
8. STORAGE & CONSUMPTION
We pride ourselves on baking our cheesecakes lovingly with no additives or preservatives so we know exactly what goes into them. We are therefore unable to make a warranty as to the length of time for which the cakes will remain fit for consumption. We do however recommend our cheesecakes to be consumed within 48 hours from collection/delivery but they can be chilled/refrigerated for up to 3 days. All cheesecakes need to be stored in the refrigerator and brought back to room temperature before consuming. We do recommend that our cheesecakes are best eaten up to 3 days after collection/delivery. It is the responsibility of the customer to keep the cakes in the manner prescribed by us and those rules prescribed for under Agri-food and Veterinary Authority regulations.
Our cheesecakes are packaged safely in boxes specifically designed for our cheesecakes. As such, they should arrive in the same perfect condition that they leave us in. Once you take your cheesecakes from us, they are yours to treasure. They don’t make any noise, so remember to drive carefully!
10. FEEDBACK AND COMPLAINTS
We take all complaints seriously however we ask for patience with factors that may be beyond our control (e.g. traffic conditions etc.) as we cannot be held liable for any such delays. We will endeavor to resolve all complaints within 5 business days of receiving them.
If our cakes need did not meet your expectations, complaints should be made within 24 hours of receipt of the cake(s) to be eligible for any form redress and if you should wish to request an exchange or refund then you must allow part or all of the cake, upon our request, to be collected by us to allow us to investigate the complaint (as per Section 10. Refunds and Exchange below).
Complaints regarding our cheesecakes or our services should be directed to our Customer Service team at +60 18 8721 818 or email@example.com. If we are unable to resolve your complaint to your satisfaction within 36 hours, you may also request mediation through the CaseTrust Mediation Centre.
11. REFUNDS AND EXCHANGE
In the rare event that our cakes fail to meet our commitment to quality, a refund or an exchange may be offered at our discretion. We will endeavour to resolve all requests for refund or exchange within 3 business days of receiving the request.
Any request for refund or exchange must be made within 24 hours of receipt of the cake(s) and the complainant must allow part or all of the cake, upon our request, to be collected by us to allow us to investigate the complaint provided you have complied with any request by us to return the cake in dispute to our office. In circumstances where a refund is offered, it will be limited to the value of the cake in dispute and the funds will be transferred via the payment method used for the order within 2 business days of the complaint being resolved. Additional avenues of recourse other than mediation, whether it may be further compensation or otherwise, is not available.
In circumstances where you are eligible for a refund, we may at our absolute discretion offer to exchange the cake in dispute within 3 days of the complaint in alternative to providing a refund. Exchange will not be allowed in any other circumstances. Do kindly note that all orders are non-refundable or non-exchangeable for cash, in kind, or other goods and services during promotional period.
Where our cheesecakes are purchased for the purpose of resale, either in whole or in part, you are prohibited from referring to C&F and using any C&F brand elements, including but not limited to C&F’s ‘look and feel’, trademarks, logos, text (including cake names), photographs, graphics, videos, text, images and other materials without our express, prior written consent.Should you wish to purchase our cheesecakes for the purpose of resale, we strongly encourage you to contact us at firstname.lastname@example.org so that we may best accommodate your requirements.
13. PRIVACY & DATA PROTECTION POLICY
14. CHANGES TO TERMS AND CONDITIONS
Cat & the Fiddle reserves the right to amend these Terms and Conditions from time to time without prior notice.
If you have any queries or concerns about C&F’s terms and conditions, please contact:
Cat & the Fiddle Malaysia
G-G-1, Block G,
Parklane Commercial Hub,
47301 Petaling Jaya,
Updated 24 February 2023