Terms & conditions
Thanks for visiting Cakeshop.com. We’ll do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your purchase.
These terms and conditions apply to the use of this website, www.cakeshop.com (the “Website”). By visiting cakeshop.com or by placing an order, you confirm that you have read these terms and conditions and agree to adhere to them in their entirety. If you do not agree to these terms and conditions, you must not use this Website.
We may update or vary our terms and conditions from time to time, so please check this page for the latest version whenever you visit Cakeshop.com. We can also update and vary the terms and conditions by notice on other pages of this Website.
2. Trading details
Whenever you buy a product through this Website, you will be contracting with Eshack Limited (Eshack Ltd), a limited liability company incorporated in England and Wales under company number 08074012.
Registered office: 37 Great Pulteney Street, Bath, BA2 4DA
Email address: firstname.lastname@example.org
VAT registration number: GB151841619
3. Ordering from us
3.1. Product description
We use our reasonable endeavours to make sure that every product on cakeshop.com is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout. Cakeshop disclaims all representations and warranties that the content or information on this Website is accurate, complete, up to date or does not infringe the rights of any third party.
3.2. Placing your order
When you place an order with us (by choosing an item and completing our online checkout process), we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order.
Our acceptance of your order only takes place when we despatch it. A ‘purchase contract’ between you and cakeshop.com is therefore made at the point of despatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made.
From time to time, we may not be able to accept an order for the following reasons:
- If, unfortunately, we do not have your chosen goods in stock
- Where we cannot obtain authorisation for your payment
- If there has been a pricing or product description error
- If you do not meet any eligibility criteria set out in our terms and conditions
- If the order for personalised products contains reference to any copyrighted information where you have not obtained permission
- If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
3.3. Personalising your products
Cakeshop.com aims to provide you with a fast, high-quality service, so any products you order are sent for production on the same or next working day. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. We cannot refund items where the personalisation has been mis-spelt due to an error made by you so please ensure these details are correct at time of purchase.
If you are uploading a photo, images must be in JPEG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it. However, an on screen warning will appear to let you know that the image might not print very well. Following this we recommend that you only use bright, high resolution images at all times, failure to do so may result in a lack of print quality.
3.4. Ordering multiple products
Multiple items can be ordered at the same time and will be despatched together if ordered on the same order (paid for all together at checkout).
At cakeshop.com, you can pay for your goods using a credit or debit card.
4. Supply and pricing of goods
4.1. Supply of Goods
The gift products sold on our website are manufactured and shipped in-house in the UK.
4.2. Transfer of Title
Goods despatched from the UK.
By placing your order with us you are agreeing to take title to your goods at the point of despatch from our UK production facilities.
4.3. Prices and sales tax
All prices shown on the website include sales tax at the prevailing rate if applicable. Specific details regarding sales tax are outlined below:
Goods shipped from the UK
The prices of goods shipped from the UK include VAT at the prevailing rate (Currently the standard rate is 20%). Cake Toppers are outside the scope of vat at time of writing and are therefore 0 rated.
4.4. Postage and packaging charges
For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.
4.5. VAT Receipts
In most cases your order confirmation contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice, these are available upon request by emailing: email@example.com; please allow up to 10 working days for these to be sent.
We know just how important it is that your products arrive on time for that special occasion. During the order process, cakeshop.com will notify you of the despatch dates available. As we use a non-tracked delivery service there is no way for us to trace your order once sent. We use Royal Mail to deliver all orders, and once dispatched delivery times are dependent on them, we therefore never guarantee any delivery dates. For an estimate on delivery to you please use our FAQ or read on for further information.
We will make you aware of any delivery charges prior to the acceptance of your order.
Delivery times and charges will differ depending on which products you order. More details are set out below.
5.1. General despatch information
Please note: The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
Your order is likely to arrive much faster if you use a postcode. It sounds simple, but many people forget to add it!
You can check that you have the correct postcode by using the Royal Mail’s handy postcode finder www.royalmail.com
If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
All orders are posted by First Class or airmail – these services are not able to be tracked, this is simply to keep your costs as low as possible.
Postage charges are at a flat rate dependent on your location, we reserve the right to change this method and pricing at any time. The postage cost is inclusive of the stamp, envelope(s) and packaging.
Most of the packaging will fit through a standard letter-box, so the recipient will not necessarily need to be at the address to receive the order. If no one is in and the item cannot be delivered, the item will be returned to the nearest Royal Mail depot. A note will be left requesting its collection.
Cakeshop.com ‘working days’ are Monday-Friday excluding bank holidays. We dispatch all orders same/next working day.
Royal Mail ‘working days’ are Monday – Saturday excluding bank holidays.
The Royal Mail advise that 90% of first class post in the UK will arrive the following day. Unfortunately, the other 10% can take up to 3 days. If possible, we recommend you allow 3 working days for delivery from the 'Sent by us' date.
If possible, please allow three working days from despatch for orders to arrive. After all, it is better for a topper to arrive two days early than one day late! Remember, you can also put a note on the envelope to tell the recipient not to open it until a certain date. Large letters (sponge toppers) are hand processed by Royal Mail’s sorting system, so we recommend an extra day for delivery.
If your order hasn’t arrived after three days, PLEASE email us. We would rather send a replacement than leave you disappointed.
International Postage Timings
- Europe: Please allow 4 working days
- Outside Europe: please allow 7 working days
6. Best before dates
Cakeshop.com toppers will have minimum 2 months to be used by at time of despatch. Generally though this will be over 6 months.
7. Returns and refunds
At cakeshop.com, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
7.1. Reporting a problem
If for any reason you are not happy with your Cakeshop order, please contact us via our email address: firstname.lastname@example.org or use our Contact Form. You will need to quote your order number, your email address and the details of the problem with the order.
We aim to acknowledge any complaint within 14 working days, (usually it takes 1-2 days) and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item.
7.2. Returning products and issuing refunds
Where an item is faulty, we will ask you to return it to us within three days of receipt. You can contact our Customer Service Team for a returns address. Your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3, ‘Personalising products’, for more information.
7.3 Multiple refund requests
If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.
8. Your privacy and security
Cakeshop.com is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998.
8.1. How we use your contact information
The personal information you provide to us will include your contact details, payment card details and information about any recipients of products that you wish us to deliver products to.
Cakeshop will not sell or disclose any personal data to any third party unless required to do so by law.
We will use your information to send you regular email newsletters, keeping you informed of new products and seasonal offers. Your email will be added to our mailing list when you make an order.
Where a phone number is requested, we may use this to contact you to ensure that you are happy with the service you received.
If you’d like to unsubscribe from our mailing list you can do so by using the link inside your email or by contacting us at: email@example.com. If you make another order after this point your email address will be automatically added to our mailing list again.
8.3. Securing your personal information
Cakeshop.com uses Secure Socket Layers (SSL), the most advanced security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the Internet. Our Customer Service Team has access to this information.
8.4. Credit card transactions
Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order.
9. Use of the Website
9.1. Abuse of service
You agree not to use Cakeshop.com directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner.
9.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the Website is protected by cakeshop.com’s or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
9.3. Website content and service access
We will always try to ensure that cakeshop.com is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
From time to time we host competitions on Cakeshop.com - we wish you the best of luck with winning a fabulous prize or two, but below are some legalities and rules that apply to all competitions on Cakeshop, Social Media websites and our partners.
Cakeshop Competition Rules
These rules are the conditions of entry to all competitions conducted through www.Cakeshop.com (the “Website”) (“Competitions”). They apply together with any additional Terms and Conditions published on the Website.
- These rules together with any specific rules set out in the competition notices published on the Website (“Competition Notices”) about us are the “Competition Rules” and apply to competitions on the Website. By entering a Competition, entrants agree to be bound by the Competition Rules and all other Terms and Conditions on the Website.
- Competitions are not open to persons who at any time between the start date of the Competition and the date on which the winner is selected (inclusive) are employees of Eshack Ltd, any of its wholly owned subsidiaries or any marketing services agency or other company involved directly with the administration of the Competition, or any member of their households.
- Eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire. These will be set out in the relevant Competition Notice.
- By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Eshack Ltd reserves the right to verify the eligibility of all entrants.
- The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the relevant Competition Notice, Competitions are only open to residents of the United Kingdom and you are not entitled to enter the Competition if you are resident outside of the United Kingdom. Where a Competition is open to entrants from outside the United Kingdom, you are not entitled to enter the Competition if you are resident in a country or jurisdiction where the Competition may breach any law or regulation. Where this applies, Eshack Ltd’s invitation to enter the Competition in such country and/or jurisdiction is withdrawn.
- Where a Competition is open to all age groups, Eshack Ltd assumes that by using the Website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition in accordance with the Competition Rules. If a Competition is only open to a certain age group (e.g. 18 and over), this will be set out in the relevant Competition Notice within the “About us” section of the Website, and Eshack Ltd assumes that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition.
- Eshack Ltd reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Competition Rules.
- In the event that any entrant is disqualified from the Competition, Eshack Ltd in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to the CompetitionRules.
- Entries through agents or third parties will be invalid.
- Competition Entries must be made in the manner and by the closing date and time specified in the Competition Notice. Failure to do so will disqualify the Entry.
- There is no purchase requirement to enter a Competition
- Proof of posting or emailing cannot be accepted as proof of delivery. Eshack Ltd cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Eshack Ltd’s control.
- Entrants should note that Eshack Ltd does not undertake to return any Entries, including those containing artistic or other material.
- Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct Entries (for Competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to Eshack Ltd) or from all submitted Entries in Eshack Ltd’s absolute discretion (where creative or artistic merit or other subjective criteria apply to Entries) within 28 days of the closing date specified in the Competition Notice. In all matters, the decision of the judge(s) and Eshack Ltd shall be final and no correspondence or discussion shall be entered into.
- Prize winners will be notified in the manner and within the time specified in the Competition Notice (and may be contacted by Eshack Ltd’s nominated supplier(s)). Return of any prize notification as undeliverable or your failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the Website.
- Claims for prizes must be made in the manner and within the time specified in the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
- Prizes are non-transferable and there is no cash alternative. Eshack Ltd reserves the right to substitute prizes of equal or greater value at any time.
- Prizes are awarded at the discretion of Eshack Ltd and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where Entries are being judged on creative or artistic merit or other subjective criteria, Eshack Ltd and/or the Competition judges in their absolute discretion reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the requisite standard.
- Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Eshack Ltd reserves the right to request written proof of age of any winner.
- All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
All Entries will become the property of Eshack Ltd on its receipt of them and will not be returned. In consideration of Eshack Ltd agreeing to consider entrants to the Competition, each entrant hereby assigns to Eshack Ltd all intellectual property rights in his or her Entries and waives all moral rights.
For the avoidance of doubt, pursuant to the above assignment of intellectual property rights Eshack Ltd (and third parties authorised by Eshack Ltd) may make any and all Entries available on the Website and in any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and license the Entries in any way it sees fit, including in advertising and/or sponsorship.
- Eshack Ltd does not guarantee to use or otherwise make publicly available any Entry. Eshack Ltd may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
- Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing, threatening or illegal. If relevant, Eshack Ltd reserves the right, but without having the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
- Eshack Ltd does not accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. The prizes are provided without warranty of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, conformity with description or fitness for a particular purpose. The express provisions of these Competition Rules are in place of all warranties, representations, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded by Eshack Ltd to the maximum extent permitted by law.
- Eshack Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received as a result of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
- Nothing in the foregoing shall exclude Eshack Ltd liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
- The name of the winner and the winning Entry will be sent to anyone who writes to Eshack Ltd within 3 months after the closing date, enclosing a stamped addressed envelope, requesting details of the winning Entry.
- Winners may be requested to take part in promotional activity and Eshack Ltd reserves the right, without additional payment or permission, to use the names, ages and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity. By entering the Competition you agree to such use of your personal information, images, photographs and/or audio and/or visual recordings.
- Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation. Data relating to entrants will be retained by Cakeshop.com Ltd for a reasonable period after the Competition closes to assist Eshack Ltd to operate Competitions in a consistent manner and to deal with any queries relating to the Competition.
- The Competition and the Competition Rules are governed by English law and any disputes are subject to the exclusive jurisdiction of the courts of England. The Website is only intended to be accessed from the United Kingdom. Eshack Ltd makes no representation that materials on the Website relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Website outside of the United Kingdom, you are responsible for compliance with all local laws.
11. Website Offers and Promotions
There are no cash alternatives to our offers
Promotions cannot be back dated or applied retrospectively to orders already placed
We reserve the right to cancel, change or extend the offer at any given time
Promotions are only valid on our UK website and to customers registered to their UK Account
Orders must be purchased within the valid promotion time, but can be despatched at any date permitted by the Cakeshop.com calendar
Cakeshop.com will not be responsible for any technical issues which result in the failure to apply the promotional discount to an order, whether any such failure is within the control of Cakeshop.com or not.
Cakeshop.com reserves the right at its sole discretion to disqualify any person it finds to be tampering or to have tampered with the operation of the promotion or the Cakeshop.com website, or to be acting in violation of these terms and conditions or the terms and conditions of the Cakeshop.com website.
Eshack Ltd’s decision is final in all matters relating to our promotions.
If in its sole discretion Cakeshop.com offers a refund or credit for your order, the amount refunded or credited will not exceed the cash value of the original offer
Offers cannot be used in conjunction with other offers. If the items in your shopping basket qualify for more than one offer, the most beneficial discount for you will be applied.
These terms and conditions constitute the entire agreement in respect of the use of this Website and the items and services offered via this Website.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
Only you and Eshack Ltd shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English Courts.
© Eshack Limited 2015