1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Cakes To You and our address is 7 Middleton Avenue, Hove, East Sussex, BN3 4PH.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01273 251188 or by writing to us at email@example.com or 7 Middleton Avenue, Hove, East Sussex, BN3 4PH.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these
terms, this includes emails.
1 Order processing and payment
a. A Contract will only exist between you, the purchaser, and Cakes to You when an email is sent acknowledging an order and payment has been taken or received by us; whichever is later.
b. A minimum of 3 working days is required for all orders, subject to prior written agreement and availability of products.
c. Payments by credit or debit card will normally be debited within 24 hours.
d. No payment will be deemed to have been made until we have received cleared funds.
e. You will make all payments due under the contract without any deduction by any method.
f. In the event that payment is not received by us by the due date, we will be entitled to suspend all other deliveries until payment is received and/or to cancel the contract. In such event we will be entitled to sell any products in our possession and you will indemnify us for any loss.
g. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
h. You will be liable for all costs incurred by us in recovery of debts not paid by the due date, and may charge interest to you at the rate of 4.5% a year above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
a. All products made in the Cakes to You kitchen are made by hand and there may be minor variations in appearance and weight.
b. All pictures and descriptions on the website or distributed by email or brochure are for guidance purposes only and will not form part of the contract.
c. We reserve the right to make alterations to the design, appearance and specifications of our products and our advertised information regarding our products without notice. In the unlikely event we are unable to fulfil your order as requested we reserve the right to substitute some or all of the contents or packaging with an item of equal or greater value without notice.
a. Ingredients include butter, eggs, flour, milk, and nuts. Traces of nuts, and other allergens may be found in products not specified as including them. Please call or email us if you require specific information if you wish to enquire about any product ingredients prior to ordering.
a. Delivery charges on the delivery page are only indicative and if the actual cost is higher we reserve the right to charge the actual cost of delivery without notice.
a. We deliver to any postal address in the United Kingdom. We do not deliver to any country outside the United Kingdom.
b. We will endeavour to deliver on the date that you specified in your order from Monday to Friday between 8am and 6pm. This includes monthly deliveries for Cake A Month, which we will endeavour to deliver Monday to Friday, between the 7th and 21st of each month. Additional charges would apply for deliveries on Saturdays. Any orders placed for Saturday, Sunday or public holiday will be delivered as soon as possible after that date.
c. Our delivery service is only available Monday to Friday and is not available on Saturday, Sundays, UK public holidays and for 2 days after a public holiday.
d. Only one delivery date will apply per order. If multiple delivery dates are chosen in one order we reserve the right to charge an additional amount for delivery on multiple dates. We will contact you before charging an additional amount.
e. You are responsible for ensuring the name and delivery address is accurate and complete. We will not be responsible for any non-delivery due to incorrect or incomplete data.
f. Deliveries to workplaces/business addresses, hospitals and military bases will be to main reception areas only. Deliveries cannot be made to PO Boxes.
g. If there is a delay in the delivery of any products we will not be responsible for any loss whatsoever caused either directly or indirectly by the delay. This will not be a reason to terminate any contract.
h. If cakes or biscuits are damaged in transit, the maximum amount of compensation payable will be limited to the price of the damaged products.
i. On delivery it is your responsibility to check the products to ensure they haven’t been damaged in transit and the order is correct and complete, and to notify us in writing within 48 hours of any damage or incorrect orders.
j. Any damaged or incorrect orders should only be returned to us after consulting with us. They should be returned at your own cost within 3 days of delivery.
k. You will be responsible for full payment for any goods delivered, even if damaged, unless clauses 5i. & 5j. above are adhered to.
6. Force Majeure
a. Neither we, nor any courier or postal 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.
a. You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
b. Only order amendments or cancellations which are given at least 2 working days before the intended delivery date may be accepted. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day.
8. Personal Messages
a. You are entirely responsible for any text or other material which you post or send on this message system and we accept no liability for any such content.
b. You agree that any messages posted by you on your card or sent by us on your behalf to anyone will not contain anything which could be considered obscene, abusive, vulgar, racist, defamatory, harassing, threatening, or which are either unlawful or which could cause embarrassment or distress to anyone.
c. We do not screen messages but we may, on occasions, monitor content. We reserve the right to refuse to send or display messages and will terminate access to the website at any time and without liability to you in the event of any such objectionable message.
9. Title and Risk
a. The products are at your risk from the time of delivery.
b. Ownership of the products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the products and all other sums which are or which become due to us from you on any account.
c. You may not resell the products without our prior written consent.
a. We may assign or subcontract the Contract or any part of it to any person,
firm or company.
11. We may end the contract if you break it. We may end the contract for a product at
any time by writing to you if:
a. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
c. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
d. you do not, within a reasonable time, allow us access to your premises to supply the services; or
12. Customer Services
a. Because of their perishable nature, cakes and biscuits are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with your products please get in contact.
b. In order for us to resolve any complaints quickly and to our mutual satisfaction, we request that you make any complaint within 1 day of the date of delivery or intended delivery of your purchase.
a. Whilst we agree to use our reasonable endeavours to ensure that the Cakes to You website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Cakes to You website or Services and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Cakes to You website and/or the Services impossible or impractical.
b. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
c. The content, information and material on this Website is provided without any conditions, warranties or other terms of any kind.
14. Liabilities and Warranties
a. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products Subject to clause 14.a, our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order placed with us or in connection with the Services in any way shall be limited to the price you have paid for the relevant Goods.
b. Subject to clauses 14.a and 14.b above we exclude all liability for any claims, losses, demands and damages whatsoever and howsoever caused, even if we have been advised of the possibility of the same, arising directly or indirectly out of or in any way connected with the Contract and/or your use or inability to access the Cakes to You website and/or with the provision of the Services, whether arising in contract, tort (including negligence), under statute or otherwise provided that nothing contained in this condition affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the products supplied.
c. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
d. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15. Intellectual Property
a. All content and materials in this website, without limitation are owned by Cakes to You. All rights are reserved.
b. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
16. User Information
b. You are prohibited from posting or transmitting to or from this website any material or doing anything in connection with your use of this website which would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is which is technically harmful in any way.
c. We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
d. You shall fully indemnify Cakes to You its suppliers, employees, and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 16.
17. Links to the website
a. No link should be made to this website without obtaining our prior permission.
b. Any agreement to a link being made will only be granted provided no alteration is made to any website page or content and provided you do not misrepresent your relationship with us or imply that we are endorsing any products other than our own.
c. We reserve the right to withdraw any right which we grant to link to the website at any time, and to take any action that we deem appropriate in the event that a link is made to any website that contains information considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is which is technically harmful in any way.
d. You shall fully indemnify Cakes to You, its suppliers, employees, and agents for any loss or damage suffered as a result of any breach of your obligations under this condition.
a. We have taken care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computers, and the reproduction process, there may be differences in the appearance of some items, including the colours of products.
b. Any clerical error or omission in the website or in any documentation or information issued by us shall be subject to correction without any liability on our part.
c. We will make every effort to deliver your order as requested, however, we will not be held liable if we fail due to circumstances beyond our control. Any orders placed will only be processed if full payment details are given and accepted. If for any reason we are unable to supply the products as advertised we will notify you, except that we reserve the right to substitute products of equal or greater value in the event of such supply difficulties.
d. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
e. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Cakes to You website from time to time. We will post any changes on the website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the website. Changes will be effective immediately after posting on the website.
f. We reserve the right to suspend, restrict or terminate access to the Cakes to You website for any reason at any time.
g. These Terms and Conditions shall be deemed to include all other notices, policies,
h. disclaimers and other terms contained in the Cakes to You website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
j. This agreement supersedes all prior arrangements, and agreements between you and us and sets forth the entire agreement and understanding between you and us relating to the supply of cakes and biscuits.
k. Purchases will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
l. These terms and conditions do not, in any way, affect your statutory rights as a consumer.
a. If you have any questions regarding these terms and conditions or have any complaints or comments about our website please contact us.
Cakes to You is referred to as “we” or “us” in this policy.
Cakes to You take your privacy and data security seriously. The following describes how we collect and process your personal data.
The data we collect
We try to collect only enough personal information to fulfil your order and to monitor the performance and health of our website. This includes:
a. Your Name
b. Your Email Address so we can send confirmation emails
c. A contact telephone number if we need to contact you about your order
d. Delivery details of the order (recipient’s name, address, delivery instructions)
e. Your order history and details of the items purchased
f. Any personalised messages or customisation related to your order
g. Your password (should you choose to create an account)
h. Any correspondence or communication with us.
You can opt out of our email marketing at any time using the unsubscribe link at the bottom of all messages or by getting in contact with us here.
We share only essential items of your personal data with carefully selected service providers in order to process your order. Order particulars will dictate which of these we will send your details to or not. Here is a breakdown of what personal data we share with Royal Mail in order to fulfil your order and send you delivery notification we share:
Recipient name, delivery address, email address, mobile phone number (if supplied)
Access to your personal information
You are entitled to view, amend or delete the personal information that we hold. Please contact us here in order to make a request.
This policy was last updated 4 December 2018