Terms of service

Last updated on 26 April 2023

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Cake Girl London!

We are Cake-Girl Ltd, a company registered in England and Wales under company number 11312651 and with our registered office at Oaks Cottage Hersham Farm Business Park, Longcross Road, Chertsey, Surrey, England, KT16 0DN (Cake Girl London). Our VAT number is: 446 70966 6

In these terms, we also refer to Cake Girl London as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being https://cakegirllondon.co.uk/ and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase Products through this Website, over the phone or via email (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.


How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)

  • Part B: Terms for when you browse and interact with this Website (applies when you browse)

  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.


I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.


The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your Products, in most cases, you can change your mind and get a full refund. This is also known as the ‘cooling off period’. However, given that the Products we sell are custom-made and perishables, you are not entitled to a refund because you change your mind.

However, the Consumer Rights Act 2015 says Products must be as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights applicable to you and our Products.


DISCLAIMER

Before you buy any of our Products, please make you read and understand the below.

  1. (Allergens) Our Products may contain allergens and are not suitable for people with severe allergies. You are responsible for ensuring that all persons who consume or come into contact with our Products are aware of the allergens.

  2. (Dietary Requirements) We can cater for special dietary requirements such as Gluten Free, Vegan, and Halal. Whilst great care is taken in the Production of special dietary requirement orders, it is possible that your cake may contain trace amounts as they are produced within the same kitchen that handle these ingredients.


Part A For When You Buy Products…

1. SUBMITTING AN ORDER

  1. By submitting an order for purchase of a Product using the Website’s functionality (Order), or by submitting an order through other means including over the phone or via email, you represent and warrant that:
    1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
    2. you are authorised to use the debit or credit card you provide with your Order.
  2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
  3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed (Order Confirmation).

    PRODUCTS

    2.1. GENERAL

    1. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colour’s accurately reflect the colour of the Products.
    2. As all our Products are handmade, designs may vary and they may not exactly match the image on our Website.
    3. We require a minimum of 2 Business Days’ notice on all shop order cakes other than wedding cakes and our postal range (Minimum Notice Period). Please be aware that from time to time, the Minimum Notice Period may be increased.
    4. All Products shown on our Website are subject to availability. We reserve the right to remove any Product from our Website for any reason and without notice to you, and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

    2.2. Cake Storage and shelf life

    1. All Products will remain fresh for a further 3 days from the time of delivery or collection, if kept by you refrigerated in the box provided.
    2. For cupcakes, we suggest storing them in a cool, dark place on a flat surface.
    3. For further information, please see our ‘Cake Care Guide’ [insert link]

    2.3. EDIBILE IMAGES

    If you wish to supply a digital picture as part of your Order, please note:

    1. we only accept jpg images; and
    2. the quality of print is dependent on the quality of the photo you provide.

    2.4. SERVICE AVAILABILTY

    We do not accept Orders from individuals located outside of the post codes specified on our website at [TBC] (Service Areas). By placing an Order, you agree and warrant that you are a resident of one of our Service Areas.

    3. PAYMENT

    1. All prices are:
      1. per unit (except where indicated);
      2. in British Pounds; and
      3. subject to change prior to you completing an Order without notice.
    2. (Fees) The fees for an Order must be paid in full prior to the Order being accepted by us.
    3. (Payment obligations) Unless otherwise agreed in writing, if we issue an invoice to you for an Order, payment must be made by the time specified in such invoice..
    4. (VAT) Unless otherwise indicated, amounts stated on the Website do not include VAT. In relation to any VAT payable for a taxable supply by Cake Girl London, you must pay the VAT subject to Cake Girl London providing a tax invoice.
    5. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

    4. COLLECTION DELIVERY

    4.1 COLLECTION

    1. If you select the collection option at the checkout, you must collect the Products within the collection timeframe as selected at the time of your Order, or as otherwise agreed in writing by us.
    2. If you make an Order over the phone, we will advise you of the collection timeframe for you to collect the Products, and you must collect the Products within this timeframe, or otherwise as agreed in writing by us.

    4.2. DELIVERY

    If you select the delivery option at the checkout:

    1. (Delivery Costs) Delivery costs will be added to your invoice. The prices displayed on your invoice are inclusive of delivery to the address chosen by you. If you place an Order over the phone, we will advise you of the delivery costs associated with your Order, and such costs must be paid at the time of placing your Order.
    2. (Delivery Details) Cake Girl London may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
    3. delivery is to the delivery point specifically accepted by Cake Girl London; and
    4. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    5. (Service Area) We only deliver to addresses within the Service Areas.
    6. (Delivery days) We do not deliver Products on Sundays or Bank Holidays
    7. (Delivery Timeframes) Our delivery timeframes are as set out on our Website and confirmed by you when placing an Order. We will use our reasonable efforts to deliver the Products during this timeframe, however matters beyond our control may cause delays and we will not be held liable for such delays.
    8. (Address) We will deliver the Products to the front door of your nominated delivery address (Delivery Address). If you ask us to deliver inside a premise or building at the Delivery Address, or to one of your neighbours, and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address or to your neighbour. You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
    9. (Delivery Issues) Third party courier terms may apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
    10. Your failure to meet delivery) If you are not present at the time we make a delivery and re-delivery is required, you acknowledge and agree that we will charge you an additional delivery fee. If you elect to collect your Order instead, you acknowledge and agree that we will only be available for certain timeframes as communicated to you, and we will not be liable if we are not available at your desired collection time.

    5.  CHANGES TO YOUR ORDER

    5.1 CANCELLATION BY US

    We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

    5.2 CANCELLATION BY YOU

    1. You may cancel your Order by written notice to us provided to info@cakegirllondon.co.uk.
    2. If the notice under clause 2(a) is:
      1. more than 4 weeks prior to the delivery or collection date, you will be provided with a full refund;
      2. less than 4 weeks but more than 2 weeks to the delivery or collection date, you are not entitled to a refund. However, we may offer you a store credit (at our sole discretion);
      3. less than 2 weeks prior to the delivery or collection date, no refund will be provided.
    3. Since our Products are all custom made and perishable items, you are not entitled to cancel your contract and we are under no obligation to offer a refund under the Consumer Contracts Regulations 2013.
    4. This does not affect your statutory rights whereby your Order has been damaged in transit or the Products were not of satisfactory quality or as described when you may be entitled to a replacement or a refund.

    5.3  REFUND

    1. Taste is a very personal matter and is subjective. We cannot accept the return of any Products merely because you do not like the taste of them.
    2. We do not offer refunds for change of mind.
    3. We hope that you will be pleased with your Products. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the flavour of Product is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by phone/email address or phone number. In these circumstances, we may credit or refund your purchase (at our sole discretion) provided the procedure in this clause 3 is followed.
    4. In the case of damaged or incorrect Products you must take photographic evidence and email this to us within 12 hours of receipt of the Products, and retain the damaged or incorrect Products and all packaging for inspection by us. Subject to our assessment on the claimed damage or incorrect Products and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further Products.
    5. Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 12 hours of delivery by us or collection by you or your courier/agent.
    6. When emailing us please state clearly your date of order, name and delivery address details and provide photos of any damaged/incorrect Product together with a photo of the complete delivery slip and any labelling on the packaging which might be on the back, side or underneath.
    7. If you are entitled to a refund, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
    8. For the avoidance of doubt, if we have incurred third party expenses in connection with your Order (such as purchase of sugared flowers or other decorations), you are liable for such third party expenses regardless of when you cancel your Order.
    9. You acknowledge and agree that if you are entitled to a refund, we are only required to provide you with a refund and we are not liable to you for any further costs whatsoever.
    10. Nothing in this clause 5 is intended to limit or otherwise any of your rights which cannot be excluded under applicable law.

    6. RISK AND TITLE

    1. The Products will be at your risk from the time you collect the Products or we deliver them to the Delivery Address.
    2. Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.

    7. INTELLECTUAL PROPERTY

    1. Cake Girl London retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
    2. In this clause 6, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in United Kingdom and throughout the world.

    8. THIRD PARTY SUPPLIERS

      1. We may do any of the following:

        1. outsource any part of performing any services related to providing the Products, including delivery of your Products; or

        2. procure materials and Products from third party suppliers,

    without further notice to or permission from you.

    1. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or Products.

    Part B For When You Browse This Website…

    9. ACCESS AND USE OF THE WEBSITE

    You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

    10. YOUR OBLIGATIONS

    You must not:

    1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Cake Girl London;
    2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
    3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
    4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
    5. use the Website with the assistance of any automated scripting tool or software;
    6. act in a way that may diminish or adversely impact the reputation of Cake Girl London, including by linking to the Website on any other website; and
    7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
      1. gaining unauthorised access to Website accounts or data;
      2. scanning, probing or testing the Website for security vulnerabilities;
      3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
      4. instigate or participate in a denial-of-service attack against the Website.

    11. INFORMATION ON THE WEBSITE

    1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      1. the Website will be free from errors or defects (or both, as the case may be);
      2. the Website will be accessible at all times;
      3. messages sent through the Website will be delivered promptly, or delivered at all;
      4. information you receive or supply through the Website will be secure or confidential; and
      5. any information provided through the Website is accurate or true.
    2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Product descriptions, prices and other Website Content.

    12. INTELLECTUAL PROPERTY

    1. Cake Girl London retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Cake Girl London or as permitted by law.
    3. In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

    13. THIRD PARTY TERMS AND CONDITIONS

    1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    2. You agree to any Third Party Terms applicable to any third party Products and services, and Cake Girl London will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

    14. LINKS TO OTHER WEBSITES

    1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

    15. THIRD PARTY PLATFORM

    1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
    2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

    16. SECURITY

    Cake Girl London does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

    17. REPORTING MISUSE

    If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

    Part C Liability And Other Legal Terms

    18 LIABILITY

    1. (Liability) To the maximum extent permitted by applicable law, Cake Girl London limits all liability in aggregate of all claims to you (and any third parties who encounter the services or Products through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any Products or services provided by Cake Girl London to the total Fees paid by you to Cake Girl London under the most recent Order.
    2. All other express or implied representations and warranties in relation to Products and the associated services performed by Cake Girl London are, to the maximum extent permitted by applicable law, excluded.
    3. Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
    4. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect. (Indemnity)
    5. You indemnify Cake Girl London and its employees, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or Products through you) arising from your or your representatives’:
      1. breach of any third party intellectual property rights;
      2. breach of any of these terms;
      3. use of the Website;
      4. negligent, wilful, fraudulent or criminal act or omission; or
      5. use of any Products or services provided by Cake Girl London.
    6. (Consequential loss)

    To the maximum extent permitted by law, under no circumstances will Cake Girl London be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Cake Girl London (except to the extent this liability cannot be excluded under applicable law).

    19. GENERAL

    19.1 GOVERNING LAW AND JURISDICTION

    This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

    19.2 THIRD PARTY RIGHTS

    This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999to enforce any term of this agreement.

    19.3 WAIVER

    No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    19.4 SEVERANCE

    Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    19.5 JOINT AND SEVERAL LIABILITY

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    19.6 ASSIGNMENT

    A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

    19.7 COSTS

    Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    19.8 ENTIRE AGREEMENT

    This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    19.9. INTERPRETATION

    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing;
    3. (gender) words indicating a gender includes the corresponding words of any other gender;
    4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

    20 NOTICES

    1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
    2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
    3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

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