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Terms and Conditions

Terms & conditions of purchase.

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.

1. Introduction

These terms and conditions of purchase, the Website Use Terms and our Privacy Policy apply to your use of this website, Cakeshop.com  (the “Website”). By visiting the Website or by placing an order, you confirm that you have read and understood these terms and conditions and agree to be bound by them in their entirety. If you do not agree to these terms and conditions, you must not use this Website.

We recommend that you print a copy of these terms for future reference. 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 the Website. We may also update and vary the terms and conditions by notice on other pages of this Website.

2. Information about us and how to contact us

2.1 Who we are. Whenever you buy a product through this Website, you will be contracting with Cakeshop.com (UK) Limited, a private limited company incorporated in England and Wales under company number 10307696 (“us”, “we”, “our”).  We operate this website.

  • Registered office: 37 Great Pulteney Street, Bath, BA2 4DA
  • Email address: hello@cakeshop.com
  • VAT registration number: GB309761586

2.2 How to contact us.  You can contact us by writing to us by email to: hello@cakeshop.com or by post to: 37 Great Pulteney Street, Bath, BA2 4DA.

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

3. Ordering from us

3.1. Placing your order

How we will accept 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 product(s) 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 dispatch it. A contract between you and us is made at the point of dispatch. If you have cancelled your order, or if we notify you that we cannot accept your order, then no contract will have been made.

If we cannot accept your order.If we are not not be able to accept your order, we will inform you in writing and will not charge you for the product.  This might be because:

  • Unfortunately, we do not have your chosen goods in stock
  • We cannot obtain authorisation for your payment
  • There has been a pricing or product description error
  • You do not meet any eligibility criteria set out in our terms and conditions
  • The order for personalised products contains reference to any copyrighted information where you have not obtained permission
  • 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.

Your Order Number.We will assign an order number to your order and tell you what it is in the email acknowledgment which you receive.  It will help us if you can tell us this order number whenever you contact us about your order.

3.2. Our Products

Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the image accurately and make sure that the prices area correct, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Occasionally there may be small variations in colour, typefaces and layout.

Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.

3.3. Personalising your products

We aim 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. We cannot change an order once it has been paid for.  Provided we have not sent you an email confirming dispatch, we may be able to cancel your order where you have noticed and error and you can re-order your product(s).

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.

Any content (images or text) which you upload must not (without limitation):

  • violate the intellectual property rights or the right to privacy of any third party
  • be defamatory of any person or otherwise be threatening, abusive or harass, upset, embarrass, alarm or annoy any other person
  • be obscene, offensive, hateful or inflammatory
  • promote sexually explicit material
  • promote violence
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • promote any illegal activity

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual proper rights.

3.4. Ordering multiple products

Multiple items can be ordered at the same time and will be dispatched together if ordered on the same order (provided that they are paid for all together at checkout).

3.5. Payment

On our Website, you can pay for your goods using a credit or debit card or any other payment option that we may offer from time to time.  You will see the options on the payment page of your order.

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 dispatched from the UK

By placing your order with us you understand and agree that ownership of your product(s) passes to you at the point of dispatch from our UK production facilities.  Risk in the product(s) will pass to you when they are delivered to the address which you have provided.

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: hello@cakeshop.com; please allow up to 10 working days for these to be sent.

5. Delivery

We know just how important it is that your products arrive on time for that special occasion. During the order process, we will notify you of the dispatch 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. If you want to be able to track your order, please select the tracked Royal Mail option for delivery, otherwise your order will be sent using a non-tracked delivery service and we will be unable to trace your order once it has been sent.

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.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.1. General dispatch information

Please note: The dispatch 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.

Please check your delivery address details.  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 cannot be tracked, this is simply to keep your costs as low as possible.

Orders are posted by First Class, airmail or Royal Mail’s premium tracked services –  if you would like to track your order, you should choose the tracked service for delivery.

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.

Postage timings

Our ‘working days’ are from 9am to 5pm Monday-Friday excluding bank holidays (in England & Wales). We dispatch all orders same/next working day.

Royal Mail ‘working days’ are Monday – Saturday excluding bank holidays.

Royal Mail advises 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 dispatch 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 5 working days
  • Outside Europe: please allow 10 working days

6. Best before dates

Our toppers will have minimum of 2 months to be used by at time of dispatch. 

7. Returns, refunds and cancellations

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 order, please contact us via our email address: hello@cakeshop.com or use our Contact Form. You will need to quote your order number, your email address and provide 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 provide us with a photograph of the product clearly showing the fault within three days of receipt. Your right to a refund 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 your products’, for more information.

7.3 Cancelling your order

You have the right to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a)        we have told you about an upcoming change to the product or these terms which you do not agree to;

(b)        we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)        there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)        we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)        you have a legal right to end the contract because we have breached these terms and conditions.

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund of the purchase price. You will be responsible for the cost of returning these products to us safely and in a resaleable condition.  You should use a secure method of returning the product to us as risk in the product will remain with you until it has been received by us.

When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

(a)        any products which are personalised; or

(b)        any products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.     

7.4  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

We are committed to protecting your privacy. We will use the information that we collect about you in accordance with our Privacy Policy.

© Cakeshop.com (UK) Limited 2019

 

 

 

 

Website use terms

Please read these terms and conditions carefully before using this website

1. What's in these terms?

These terms tell you the rules for using our website www.cakeshop.com (our Website).

2. Who we are and how to contact us

www.cakeshop.com is a Website operated by Cakeshop.com (UK) Limited ("We"). We are registered in England and Wales under company number 10307696 and have our registered office at 37 Great Pulteney Street, Bath, BA2 4DA. Our VAT number is GB309761586. We are a private limited company.

To contact us, please email hello@cakeshop.com or write to us at 37 Great Pulteney Street, Bath, BA2 4DA.

3. By using our Website you accept these terms

By using our Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Website. We recommend that you print a copy of these terms for future reference.

4. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Website:

  • Our Privacy Policy.
  • Our Terms & Conditions of Purchase which will apply to any purchase of goods and service from our Website.

5. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 27.02.2019.

6. We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities.

7. We may suspend or withdraw our Website

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. 

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. You must keep your account details safe

If you choose to set up an account with us including a username and password, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable your account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user name and/or password, you must promptly notify us at hello@cakeshop.com

9. How you may use material on our Website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Do not rely on information on this Website

The content on our Website is provided for general information only. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

11. We are not responsible for websites we link to

Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

12. Our responsibility for loss or damage suffered by you

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 and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website. In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes.

13. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

14. Use of this Website

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.
You agree not to use this Website:

  • in any way that breaches any applicable laws or regulations (local, national or international)
  • in any way that is unlawful or fraudulent or may have such effect
  • for the purpose of harming or attempting to harm minors in any way
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
  • to reproduce, duplicate, copy or re-sell any part of our Website

Where you upload anything for personalisation purposes, you undertake that such content will not breach our Terms & Conditions of Service.

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.

15. We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

16. Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a consumer who is a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer who is a resident of Scotland, you may also bring proceedings in Scotland.