This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
Before confirming your order please:
Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at clause 14
Print a copy for future reference.
By ordering any of the Goods listed on this Website, 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 this Website from time to time.
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) 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.
2. ABOUT US
This Website is owned and operated by The Crafted Cake ('we'/'us'/'our'), registered in England and Wales having our registered office and business address at 5 Cavaye House, Cavaye Place, London, SW10 9PT. www.thecraftedcake.co.uk.
You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We will contact you by email or provide you with information by posting notices on our Website.
4. ELIGIBILITY TO PLACE AN ORDER AND MAKE A PURCHASE
1. To be eligible to place an order and purchase Goods from The Crafted Cake and lawfully enter into and form contracts with us, you must:
Be 18 years of age or over.
Be legally capable of entering into a binding contract.
Provide full details of a delivery address in the United Kingdom.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website and/ or place an order or make a purchase.
The prices of the Goods are quoted on the Website. These are base prices only as each cake is bespoke and therefore prices will vary according to each client’s individual specifications.
Prices for delivery are quoted for delivery in the United Kingdom only.
The prices quoted do not include VAT, as we are not a VAT registered company, but exclude delivery costs, which will be added to the total amount due from you. Details of our delivery charges can be located on our Website.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery (see our cancellation policy at clause 13 for more details).
All payments must be made via direct bank transfer upon receipt of an invoice or invoices issued by The Crafted Cake, which will provide all the necessary details required to complete this action.
Payment will be debited and cleared from your account before the dispatch of the Goods to you.
By accepting these Conditions you:
Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale.
Any changes made to your order after initial payment has been made to us will be charged/ refunded accordingly on top of the initial invoice (see our alterations policy for more information).
7. ORDER PROCESS AND FORMATION OF A CONTRACT
All orders are subject to acceptance and availability. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you are correct.
A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have received your payment and upon the signing of a delivery/ collection note after the Goods have been successfully delivered/ collected. We will send you an email to confirm payment has been received (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
Any change to those policies or these Conditions is required to be made by law or governmental authority.
We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice.
The Crafted Cake can only deliver within the United Kingdom.
The Goods will be delivered to you at the address you provided during the order process.
We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
A delivery date must be specified by you when placing your order. If it becomes necessary to alter the delivery date initially agreed upon, it must be a minimum of fourteen (14) days before the new delivery date.
We shall not be liable for any delay in delivering the Goods, however caused.
The Crafted Cake will not accept orders required between 24th – 27th December.
The Crafted Cake will not be held responsible for delivery delays outside our control, including industrial action or a disruption to the service however, we will keep you informed of any delays that we are informed of.
9. RISK AND TITLE
1. The Goods will be at your risk from the time of delivery.
2. Ownership of the Goods will only pass to you when we receive full payment of all sums due and the cost of delivery.
10. CANCELLING YOUR CONTRACT AND RETURNS
Cancelling before receiving a Confirmation Notice:
1. You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org or a letter to 5 Cavaye House, Cavaye Place, London, SW10 9PT. Your cancellation notice must quote your name, address, and the name or a description of the Goods.
Cancellation after receiving a Confirmation Notice:
2. You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice. Written notice of cancellation must be received by The Crafted Cake a minimum of Fourteen (14) days before the due delivery date in order for you to receive a full refund.
If you do not send The Crafted Cake your cancellation notice before the stated fourteen (14) day period, you will be subject to the payment of 50% of the agreed price of Goods to The Crafted Cake. You can send your cancellation notice by email to email@example.com or a letter to 5 Cavaye House, Cavaye Place, London, SW10 9PT. Your cancellation notice must quote your name, address, and the name or a description of the Goods.
3. Exception to the right to cancel
You will not have a right to cancel an order for goods purchased from us, in the following situations:
If you expressly agree to us beginning to provide any services before the end of the cancellation period.
The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
The Contract is for the supply of damaged, faulty or wrongly delivered goods.
We are unable to exchange, or accept return of edible goods which have been damaged in transit, but are happy to offer a full refund in this situation following proof of the damage.
We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, provided that the conditions set out in paragraph 10.5.2. are met. We must also be reasonably satisfied that:
the Goods have not suffered damage after delivery;
the Goods have not been misused or used other than in accordance with the instructions; and
the problem is not due to normal wear and tear.
In addition to the requirements of paragraph 10.5.1, the Goods in terms of which you are claiming a refund must have:
been damaged on delivery;
been delivered in a faulty condition; or
have been delivered to you in error.
4. Incorrectly priced or described Goods
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within fourteen (14) days of sending you notification (whether or not you receive it), we will reject your order.
If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 10.5.
5. Processing refunds
We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by direct bank transfer and upon the receipt of any necessary bank details required to complete this action.
We reserve the right to refuse to issue a refund in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear. This does not affect your statutory rights.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at firstname.lastname@example.org or by post at 5 Cavaye House, Cavaye Place, London, SW10 9PT.
12. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to The Crafted Cake, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
13. WEBSITE USE
14. LIABILITY AND INDEMNITY
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to section 2(3) of the Consumer Protection Act 1987
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
any loss of goodwill or reputation; or
any special or indirect losses; or
any loss of data; or
wasted management or office time; or
any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the Goods you purchased.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
You undertake that any review, feedback or rating that you write shall:
Comply with applicable law in the UK and the law in any country from which they are posted
Be factually accurate
Contain genuinely held opinions (where applicable)
Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
Not be used to impersonate any person, or to misrepresent your identity
You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
We reserve the right to publish, edit or remove any reviews without notifying you.
16. FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include
Strikes, lock-outs or other industrial action
Shortages of labour, fuel, power, raw materials
Late, defective performance or non-performance by suppliers
Private or public telecommunication, computer network failures or breakdown of equipment
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Acts, decrees, legislation, regulations or restrictions of any government
Other causes, beyond our reasonable control
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).
18. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
19. EXTERNAL LINKS
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
The privacy practices of such websites
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
The use which others make of these websites; or
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
20. LINKING TO THE WEBSITE
You can create a link to the Website from another website, document or any other source. Any link must be:
To the Website's homepage
Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
All notices given by you to us must be given to us at 5 Cavaye House, Cavaye Place, London, SW10 9PT or by using email@example.com. We may give notice as described in clause 3.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
22. ENTIRE AGREEMENT
The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
All our cakes are made in an environment that contains nuts. We cannot guarantee that, even when a cake is made without nuts, that traces of nuts of any kind will not be present. It is your responsibility to inform potential consumers of our cakes purchased by you of this fact and, therefore, we cannot be held liable for any allergic reactions, injuries or deaths relating to the consumption of nuts present in our cakes.
All our cakes, unless specifically requested, contain gluten. It is your responsibility to inform potential consumers of our cakes purchased by you of this fact and, therefore, we cannot be held liable for any allergic reactions, injuries or deaths relating to the consumption of gluten present in our cakes.
25. GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in the United Kingdom.
Every purchase you make shall be deemed performed in England and Wales.
The Conditions and any Contract brought into being as a result of usage of this Website or by placing an order with The Crafted Cake will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.