Acceptance of terms
These provisions set out the terms and conditions on which you may make use of the Medcakes website (the “Site”) whether as a guest or registered user (“Customer Terms”). We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site, you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms, then please do not use the Services or any part of them.
1. About us
2. Instructions and further information for customers ordering cakes with pictures
- Choose a picture, bearing in mind the cake you are asking us to put it on and the writing you propose. It makes sense in most square cakes to use a landscape picture with the message written below.
- Check the picture for clarity, focus, red eye etc. We cannot process or enhance pictures.
- The picture data file should be as large as possible and especially so for the larger cakes, to reduce pixilation.
- If you want more than one picture or want to add text, you can do so if you prepare it on your own software such as Photoshop or Publisher and send us the composite picture as a JPEG file. We are not able to process other formats such as Pdf or Word documents.
- Where there is no option to upload the picture whilst ordering online, please send the picture to the branch email address as shown on the yellow copy of the order, with the order number in the subject of the email. Call the branch if you encounter difficulties.
- The cake decorator, at their discretion may crop away “uninteresting” areas of the picture, unless you specify otherwise.
- Placement of the picture and the hand written message will be at the discretion of the cake decorator.
- Although we use the latest printing technology, we cannot guarantee print colours will match any other items.
- You take complete responsibility for the use of the image(s) you provide us and indemnify us against any claims for infringement of copyright and for obtaining permission from persons for the use of their images.
- Images on sugar paper start to deteriorate with time as the sugar paper dissolves into the cream below. Therefore, picture cakes should be collected promptly and used on the same day wherever possible.
3. Disclaimer of Warranties and limitation of liability
- (a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
- (b) The Site are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties.
- (c) You can download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
- (d) Neither we, nor our licensors are liable to you or any user for any use. Such limitation:
- (a) Includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages);
- (b) Includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages);
- (c) Applies whether damages arise from use or misuse of and reliance on this App, from inability to use the App, or from the interruption, suspension or termination of the App (including any damages incurred by third parties).
- (e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
4. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page. No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
5. Payment methods
Purchases for goods and/or services you make with Sellers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.
6. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
7. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, details of collection, or of delivery, of postage and packing if such is available. The delivery costs vary according to the delivery methods we offer.
8. Returns / Cancellations
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact the Seller directly using the order enquiry facility on the Site in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy set out in the Services Standards. Cakes made to order must be collected as arranged. Preparation for personalised order cakes start as early as 72 hours before collection. Therefore, if you try to cancel your order within 72hours of the collection time, it is highly unlikely that the shop will be able to cancel your order. No refunds will be given for:
- cancellations within 72 hours of collection time.
- uncollected cakes- for whatever reason
For Hygiene reasons, uncollected cakes will be destroyed after 24 hours of collection time.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time. The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third-party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
10. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site 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 Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such 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 Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements, and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms, or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
14. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
15. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16. Law and jurisdiction
Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
General comments about the Site are welcome, please contact us at www.medcakes.co.uk. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them.
18. Other applicable terms and conditions
Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below. Gift vouchers: special terms and conditions When purchasing a gift voucher or using a gift voucher to make a purchase on www.medcakes.co.uk, you agree to be bound by the Terms and Conditions for Shoppers above and to be bound by the special conditions relating to gift vouchers below.
How to purchase and redeem gift vouchers
- When purchasing a gift voucher from www.medcakes.co.uk the purchaser must choose a gift voucher type and design.
- Email gift vouchers will be dispatched by email to the designated email account as soon as payment for the gift voucher has been cleared.
- Printable gift vouchers will be dispatched by email as a downloadable PDF to the email account of the purchaser as soon as payment for the gift voucher has been cleared.
- It is the responsibility of the purchaser to ensure that the delivery email address entered is correct. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by a customer (such as, a mis-typed email address).
- Our standard payment methods apply for the purchase of gift vouchers. Gift vouchers are only available for purchase in pounds sterling.
- When redeeming gift vouchers, the unique gift voucher code stated on the gift voucher will need to be entered at the checkout.
- If the goods purchased total less than the value of the gift voucher, any gift voucher balance will be held against your account on www.medcakes.co.uk
- If the goods purchased exceed the amount of the gift voucher, the balance must be paid by credit or with debit card when the gift voucher is redeemed.
- Please note that the value of the gift voucher and any top-up-payment will be debited before the applicable seller will have accepted your offer to purchase a product. Therefore, if the seller(s) does not accept your offer to purchase a product using a gift voucher, we will refund you the amount of the gift voucher used, and any top up payment made in anticipation of such purchase to your account on www.medcakes.co.ukand credit or debit card respectively.
- Our standard terms and conditions shall apply regarding the purchase of goods made using a gift voucher.
General gift voucher terms and conditions
- 11. By purchasing and/or redeeming a gift voucher you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
- 12. The terms and conditions on the Site shall apply to gift vouchers. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these gift voucher terms and conditions.
- 13. www.medcakes.co.uk gift vouchers can be redeemed only on www.medcakes.co.uk towards the purchase of items currently featured on our Site (subject to availability).
- 14. Gift vouchers are an arrangement between you and us or the gift voucher holder and not the sellers using www.medcakes.co.uk. Gift vouchers cannot be redeemed on the individual websites of any sellers on www.medcakes.co.uk.
- 15. Gift vouchers cannot be purchased in conjunction with any other goods on www.medcakes.co.ukin the same transaction.
- 16. Gift vouchers cannot be used to purchase other gift vouchers.
- 17. The maximum value of gift vouchers that can be purchased in any one order is £500.
- 18. One or more gift vouchers can be redeemed against a single order.
- 19. We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted, or used without permission.
- 20. We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
- 21. A gift voucher may be cancelled and refunded to the purchaser, provided that the purchaser cancels such gift voucher within seven (7) working days of purchase of the gift voucher. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.
- 22. Gift vouchers must be redeemed within six months of the date of dispatch by us and will expire after such date.
Promotional codes terms and conditions
- 1. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
- 2. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.
- 3. www.medcakes.co.ukpromotional codes can only be used on www.medcakes.co.ukand towards the purchase of items currently featured on our Site excluding delivery charges.
- 4. Promotional codes are an arrangement between you and us and not the Sellers using www.medcakes.co.uk. Promotional codes cannot be used on the individual websites of any Sellers on www.medcakes.co.uk.
- 5. Promotional codes cannot be used in conjunction with the group gifting payment option, with any other offer on www.medcakes.co.uk in the same transaction, or for the purchase of gift vouchers.
- 6. The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are a combination of letters and numbers, e.g., Med123456789, and should be entered on the payment page during checkout for the discount to apply.
- 7. Each promotional code will have a limited time in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out these limits can be found in the communication you received with the code itself.
- 8. www.medcakes.co.uk reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. www.medcakes.co.ukmay update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.
- 9. Promotional codes have no cash value, cannot be transferred, and cannot be forwarded or reassigned.
- 10. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
- 11. These promotional codes are provided and operated by at 308 Whippendell Road, Watford WD18 7PD.
Purchases from our High Street Shops
In purchasing or ordering and subsequently collecting a purchase form our store, the customer understands and agrees to the following:
- 1. On placing the order, the customer is responsible for the correct instruction of the cake requirements. This includes their chosen design number, size, colour, date and time of collection and the exact spellings of the handwritten message on the cake. It is the customer’s responsibility to check the receipt has all the right instructions. Any errors must be pointed out to our sales staff and corrected at the counter before leaving the shop.
- 2. Cakes must be collected on the date and time consumed within 24 hours. Cakes not collected on time will be kept for no more than 24 hours and the store shall take no responsibility for their freshness. Dissolving pictures, drooping fruit, spreading colour are some of the inevitable problems in these cakes and the store shall not be responsible for their condition.
- 3. Customers must acquaint themselves with the trading hours of our shops. Shop staff will not delay closing of shops and wait for customers to collect after closing times. Similarly, staff will not make telephone calls/ texts to remind customers of their uncollected cakes.
- 4. The person collecting the cake is responsible for checking that the cake and writing, including spelling and colouring are acceptable and this should be a responsible adult appropriately instructed. Changes made after collection will be chargeable and even possibly refused, as they may not be possible without major re-construction.
- 5. Customers should appreciate Shop Managers and Cake Decorators work under a busy and stressful environment trying to manage huge swings in demand. The proportion of cakes collected successfully and on time exceeds 99% throughout franchisees but will never be 100%. Customers must note that there is no compensatory mechanism for the odd occasion that there is a failure to hand over the cake the instant a receipt is produced for collection. Orders are taken for cakes at the same price as if they were available for purchase over the counter from display. There is no premium charged for a guaranteed, rigidly timed delivery. It is therefore the responsibility of the customer to ensure they leave enough time for the collection of the cake considering the possibility of late or even non-delivery.The shop staff will endeavour to have cakes ready by the time agreed and specified on the order receipt. If the shop staff are unable to provide a cake within 30 minutes of this time, the customer can, if they wish, ask for a full refund of all monies paid for this order, and this will be given back in the same mode of payment used to place the order. The maximum liability of the shop in such instance is the value of the cake. On no account will the shop be responsible for any further or consequential damages (parking tickets, Hall charges, defamation etc.). The collection of a cake for a celebration is special event in people’s lives and customers must give it the extra consideration it deserves. Where a delivery service has been agreed, The Shop management cannot guarantee the exact time of delivery. Customers should allow extra time for deliveries to come late and possibly not at all. In all cases, the shop’s maximum liability is a refund of monies paid for the cake. Claims for consequential losses or damages will not be entertained.
- 6. Carrying the cake home is the customer’s responsibility. It must be carried flat and will usually require a dedicated person using both hands to carry it to the car. It will not survive a journey in a carrier bag with other shopping being carried in the same hand. Claims for cakes that have been damaged because they have moved in the box due to inappropriate carriage will not be entertained.
- 7. The customer is responsible for the prompt refrigeration of fresh cream cakes on leaving the shop. These cakes will deteriorate within a couple of hours if left unrefrigerated and even less than an hour if left in a car on a hot summer’s day. It is the customer’s responsibility to ensure that they have the means to safely transport the cake home and access to a refrigerator of such a size to accommodate the cake when it gets there.
- 8. Cream and icing colour dyes are edible and safe for consumption but may temporarily stain mouth, hands, and body, and also PERMANENTLY stain dresses carpets and furniture. It will be the customer’s responsibility to warn guests and guard against children accidentally soiling clothes and furniture. The shop shall not be liable for laundry charges or damages due to staining.
- 9. Toys and accessories shown on menus are not guaranteed to be the same on the cakes as they are subject to availability. Shop management reserve the right to replace toys with something suitable in pictures if they are not available.
- 10. All menu pictures (on website, iPad in-store or leaflets) are for guidance only- The shop does not guarantee exact replication of the cake in the picture.
- 11. We reserve the right to photograph and use images of all cakes produced in our shops for marketing and advertising purposes. We retain copyright of all images produced and reserve the right to display said images at our discretion. We will not sell any images without permission.
- 1. Definitions
- 1.1 “www.medcakes.co.uk”, “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to the Medcakes ltd, a private company registered in England and Wales Company number 13590328 with its registered office address at 308 Whippendell Road Watford WD18 7PD, is a trading name Medcakes.
- 1.2 “You” refers to you the visitor and, or customer.
- 1.3 “Website” means this website at www.medcakes.co.uk.
- 2. Access to website
- 2.1 You can access most parts of this Website without having to register any details with us. This includes all articles, guides, news, and product information pages within the Website. [Access to our customer control panel is only available to registered members. Registration is free.]
- 2.2 It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.
- 2.3 Our Website is intended for people in the United Kingdom. Content available on our site may not be suitable or accessible from other countries. We may restrict the availability of our website or our services or goods to any person or country at any time without prior notice. If you access our site from outside the United Kingdom, you do so at your own risk.
- 3. Use of website and services
- 3.1 Any material that is available free of charge on this Website you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the Website content.
- 3.2 All intellectual property (including without limitation copyright) in this Website and its content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our website for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video, or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.
- 3.3 Otherwise than in accordance with clause 3.1, no part of this Website may be used without our prior permission.
- 3.5 We do not guarantee that our website will be free from bugs or viruses or always protected against hacking. You are responsible for setting up your computer to access our website and using appropriate firewall and virus protection software.
- 3.6 Our terms and conditions of supply will apply if you purchase goods or services from our website.
- 4. Site uptime
- 4.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Website is unavailable at any time. We do not guarantee that our website, or any content on it, will be available uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
- 4.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance, or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
- 5. Visitor conduct
- 5.2 When using this Website, you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from this Website any material:
- 5.2.1 for which you have not obtained all necessary consents.
- 5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or
- 5.2.3 which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
- 5.3 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 site will cease immediately.
- 5.4 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2
- 5.5 If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
- 6. Your account and password
- 6.1 If you choose, or you are provided with, a user log-in or password as part of our security procedures, you must keep such information confidential.
- 6.3 If you suspect anyone else knows your user log-in or password, you must promptly notify us at email@example.com. You can also use this email address if you have problems with logging in or access.
- 7. Links to and from other websites
- 7.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them, or any material contained in them. If you choose to access a third-party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
- 7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
- 7.2.1 you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing.
- 7.2.2 you do not misrepresent your relationship with us or present any false information about us.
- 7.2.3 you do not link from a website that is not owned by you; and
- 7.2.4 your website 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 United Kingdom.
- 7.3 If you choose to link to our Website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered because of your actions.
- 8. Disclaimer and exclusion of liability – please read carefully
- 8.1 Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions, or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date. We are not liable to send you notice of any changes or corrections made.
- 8.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties, and conditions which but for these Terms may have effect in relation to this Website.
- 8.3 All information and services are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions regarding this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
- 8.4 Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action based on the content of our website, you must obtain suitable advice from a professional or specialist.
- 8.5 You use the Website at your own risk – neither we, nor our agents, employees, and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or because of any misrepresentation, misstatement or tortious act or omission, including negligence).
- 8.6 Neither we nor any other party (whether involved in producing, maintaining, or delivering this Website) shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect, or consequential loss, and whether in tort, contract or otherwise in connection with this Website.
- 8.7 We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
- 8.7.1 use of, or inability to use, our website: or
- 8.7.2 use of, or reliance on, the contents of our website.
- 8.8 In addition if you are a business user, we will not be liable to you for:
- 8.8.1 lost profit or turnover.
- 8.8.2 interruption or disruption of your business.
- 8.8.3 your failure to make anticipated savings.
- 8.8.4 lost business opportunities or damage to your goodwill or reputation; or
- 8.8.5 indirect or consequential losses.
- 8.9 In addition if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 8.8.1 to 8.8.5.
- 8.10 We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software, and data from your use of our Website or your downloading of any content on it, or on any website linked to it.
- 8.11 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
- 9. Miscellaneous
- 9.1 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
- 9.2 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Website and it supersedes all prior communications and proposals, whether electronic, oral, or written, between you and us with respect to the use of the Website.
- 9.3 You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
- 9.4 Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
- 9.5 We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
- 10. Governing jurisdiction
Disclaimer for Delivery Orders
The drivers will attempt to deliver your cake within the given time slot. However, due to circumstances beyond our control such as traffic, if we are unable to do so, we will attempt to update you by telephone. On reaching your address, the driver will attempt to knock on your door and phone if there is no response. If the driver is unsuccessful in contacting you, he will return your order to the shop. It will then be your responsibility to collect your cake from the shop. We will not re-attempt to deliver your order. The driver will bring your order to your door or the entrance of your building in case of Flats. It will be your responsibility to collect the cake from the driver and offer any additional assistance that may be required for larger cakes. On receipt of your cake, you must check for any damages on arrival and if there are any issues, you will need to contact the store immediately. Please accept that cakes delivered by third parties may not be 100 per cent perfect and be prepared to overlook slight damages. However, if your cake is badly damaged, photos should be taken, and the cake returned with the driver to the store so a refund can be processed. It may not be able to provide you with another cake at the time and all we could do is offer you a full refund. Please be prepared for this worst-case scenario. We will share your contact details with our drivers as they may need to contact you on arrival. They will not be allowed to share your details to any other 3rd party companies. We rely on external drivers to be available to deliver your order. It is our intention to fulfil your order, but in the event your order cannot be delivered (e.g., no drivers available), we will notify you and you will have the following options,
- 1. Collect your order from the store and we will refund you the delivery charge.
- 2. You may wish to cancel the order and receive a full refund with our apologies.