By ordering/ purchasing goods from Ayo’s Cakes and Bakes you agree to the following terms and conditions. Kindly note, we reserve the right to amend these terms without notice. Any such changes will take effect from when they are posted on the website and it is your responsibility to read the Terms and Conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
This website ayoscakes.com (“the Site”) is owned and operated by AYO’S CAKES AND BAKES (“us”, “our” or “we”).
This document is only available in English.
The following constitutes a legal agreement between a visitor (“you”) and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 16 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 16 may not register on this Site, and parents or legal guardians may not register on their behalf.
When registering on our Site, purchasing a Product, or by checking the box indicating your acceptance of this Agreement where applicable, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name or password with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box where applicable, register on our Site or purchase any Product(s) and do not attempt to access the Site.
Our Site is established to enable you to chose and purchase products from our Site (“Products) that we offer for sale online.
The contract between us shall be governed by the Laws of the United Kingdom and any dispute between us will be resolved exclusively in the courts of the United Kingdom.
2. ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.
3. Ordering Online
All orders must be made online on this website and are subject to these Terms and Conditions.
Acceptance of order and completion of the contract is made once the order is confirmed by us in writing (by email) and payment has been made in full. English is the only language offered for the conclusion of the contract.
We reserve the right not to accept any order due to (but not limited to) one or more of the following:
- The product is out of stock.
- Payment has not been authorised.
- Error in pricing or product description.
- Unexpected limits on our resources which we could not reasonably plan for.
- We cannot meet a deadline you have specified.
- The criteria in clause 1 in these Terms and Conditions are not being met.
- Technical failure of the website.
All products are subject to availability. In the unlikely event that we are unable to supply you with your request, we will notify you as soon as possible.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Once the order has been dispatched we will send you a dispatch confirmation via email. Please ensure you select the correct delivery charge for the product you’re ordering, for:
- Cakes and cupcakes, please select “Cake/Cupcake Inhouse Delivery” for delivery to the following postcodes: BR1 – BR8, SE1 – SE28, DA1 – DA18, CR0 and CR2 – CR8.
- Cake/cupcake orders for postcodes outside of this will need to be collected from our Orpington base, unless otherwise agreed in writing. In this instance, we will advise the cost for delivery. Full payment for this “special delivery” will need to be received prior to the completion of your order.
- Postal Treats, Edible Gifts and Stationary, please select your chosen UK Royal Mail service option. Please note, gift and stationary items are not available for local pickup. If “local pickup” is selected as the checkout, we will request the additional shipping charges are paid prior to the shipment of your order.
If the incorrect shipping service is selected, we will request the additional shipping charges are paid prior to the delivery of your order. In this instance, ownership of the products will remain with Ayo’s Cakes and Bakes until the outstanding payment have been received.
On occasion the product specification may change. If this does happen, we will do our best to contact you to offer you a substitute item of the same or better quality, at the same price. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable item.
Please make sure to thoroughly read our Dietary & Allergen Guide and product information for any allergy concerns before ordering. When ordering, please advise us of any allergies. As all of our good are baked in a kitchen where nuts/dairy and gluten are present we cannot guarantee our products are nuts/dairy and gluten free as our equipment will have come in contact with these.
All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
Products may vary slightly from their pictures: All our cakes, cupcakes and confectionery products are freshly baked and crafted by hand, for each order. Decorations and finish may vary slightly from the original website image. The images of all products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Making changes to your product (made-to-order cakes). If you wish to make a change to the product you have ordered please contact us as soon as you can and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.
We reserve the right to make minor changes to the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
4. Custom Orders/ Enquiries
Requests for custom orders must be made online on this website via either our bespoke or sweet tables pages (dependant on your requirement) and are subject to these Terms and Conditions.
You are required to fill out and submit our order form. Kindly note, this is a request and not an order confirmation. We will then provide you with a quotation/invoice based on the information supplied. Please ensure that all details are accurate and correct and that you understand our terms and conditions. Please notify us of any errors as failure to do so may result in additional charges where changes are necessary during/after the order has been completed.
When ordering, please advise us of any allergies. As all of our good are baked in a kitchen where nuts/dairy and gluten are present we cannot guarantee our products are nuts/dairy and gluten free as our equipment will have come in contact with these.
If you wish to proceed with the order, a 50% non-refundable deposit will need to be paid as per the instructions listed on your quotation/invoice. Please note, we will only reserve a space in our order book until the date we request the deposit is paid. If you choose to pay your deposit after this time, we do not guarantee we will be able to fulfil your order, and recommend you contact us before sending across your payment. Please ensure you use the payment reference listed on your invoice to allow us to track the payment easily.
On receipt of your deposit, we will send an email advising if your order has been approved. Once your order has been received and confirmed, a contract will come into existence between us and you will henceforth be bound by our terms and conditions. The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our discretion. We reserve the right not to accept any order.
Full payment for your order must be received by the date listed on your invoice. Failure to pay for your items in full as requested will result in the non-delivery of your products. You will also forfeit the right to your deposit as this is non-refundable.
If the requested delivery/ collection date for your order is less than 5 days away, a late fee may be incurred. If you wish to cancel your order, we reserve the right to invoice you for work already completed or for items purchased specifically for your order if the cost of these exceeds the amount of the deposit paid.
If you wish to make a change to the product you have ordered please contact us as soon as you can and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.
We reserve the right to make minor changes to the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
5. Risk & Title
The Products will be at your risk from the time you collect the Products from our shop or we deliver them to you.
All of our goods are packed with care and attention. Once items have been collected by a client/ third party Ayo’s Cakes and Bakes is not liable for any damage incurred during the transportation of your order or any subsequent defect in our products arising from (but not limited to) accidental or wilful damage, negligence, failure to follow instructions or any alterations carried out.
Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
6. AVAILABILITY, DELIVERY & COLLECTION
The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you as designated by you, within a given time slot which we will notify to you following confirmation of your order.
If for any reason you find yourself unable to collect your order within the given time slot, we will retain your ordered Products for collection by you for 24 hours, or upon payment of the delivery charge by credit card we may be able to arrange to deliver to you within our delivery time slot and delivery zone during the next 24 hours (subject to delivery availability).
If for any reason no one is present to receive delivery of the Products at the delivery address you have provided to us we will take the Products back and retain the same for 24 hours during which time you may telephone us (07956154956) to either arrange for personal collection or for delivery by us within 24 hours (subject to delivery availability) upon payment of a further delivery charge.
In order for us to hand over the ordered Products upon collection or delivery, the recipient must provide to us the valid Order Confirmation number and must also sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.
Please note that we do not offer refunds or replacements for orders that have not been collected within 24 hours after the agreed date and time.
7. Payment & Prices
All prices are quoted in GBP. We do not accept other currencies. Our prices include VAT but exclude delivery costs, which will be added to the total amount due before completion of your order and can be checked on our Deliveries page.
The price to be paid by you for any Products will be as quoted on our Site or invoice (if applicable for customs orders) except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect pricing.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product’s correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product’s correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
Payment for all Products on our site must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.
Payment details for custom orders will be noted on your invoice. Your booking is not confirmed until payment has been received as per the instructions/ terms stated on the invoice.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
8. E-Gift Cards
E-gift cards can be redeemed online at http://www.ayoscakes.com by entering your gift card number on the cart or checkout page where prompted to do so.
They cannot be exchanged for cash, are not transferable and remain the property of Ayo’s Cakes and Bakes. Re-sale is prohibited. Only one E-Gift Card can be redeemed in any one transaction.
They may be used to purchase goods of a higher price than the amount on the card, on payment of the difference. If you do not spend the entire balance on the E-Gift Card, the remaining balance will be updated after each transaction.
If any item purchased with an E-Gift Card is subsequently exchanged for an item of a lower price or refunded, any money owing will be added to the remaining balance on the card.
E-gift cards are valid for 12 months from the date of issue. Any remaining balance will be cancelled on expiry of the validity period.
Our E-Gift cards should be treated as cash; they are not cheque guarantee, credit or charge cards. Ayo’s Cakes and Bakes will not accept liability for lost, stolen or damaged E-Gift Cards.
E-Gift cards cannot be returned or refunded, except in accordance with your statutory rights, for example in the event they are not of satisfactory quality.
Under the Regulations, (as outlined above), if you are contracting with us as a consumer online or by phone, you have the right to cancel all or part of your order for either an E-Gift Card at any time up to 14 calendar days after the day on which you place your order, provided none of the balance has been spent. Further details are set out above. A refund will be given to the original purchaser.
Ayo’s Cakes and Bakes reserves the right to amend the terms and conditions of E-Gift Cards at any time and to take appropriate action, including the cancellation of the card, if, in its discretion, it deems such action necessary. This does not affect your statutory rights.
9. Vouchers and Discount Codes/ Coupons
Vouchers and discount codes/coupons can be redeemed online at http://www.ayoscakes.com by entering the relevant code on the cart or checkout page where prompted to do so. If placing a custom order/ enquiry please quote your voucher number when filling out our order form
They cannot be exchanged for cash, are not transferable and remain the property of Ayo’s Cakes and Bakes. Re-sale is prohibited. Only one discount code/ coupon can be redeemed in any one transaction.
Codes are for single use only and are not valid against other offers, promotions or customer discounts.
Discounts cannot be applied to orders once payment has been processed.
Your rights when you cancel your order will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to cancel your order:
(a) If the product you have bought is faulty or misdescribed you may have a legal right to cancel the order (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back)
You may cancel your order because of something we have done or are going to do for a reason set out at (a) to (d) below and we will refund you in full for any products which have not been provided with. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (except, where we reserve the right to make minor changes to product – see section 3 and where due to the nature of the product a cancellation is not possible; listed below )
(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) you have a legal right to cancel the order because of something we have done wrong
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) perishable items or items that reduce in value once handled. This includes any food products, including cakes, cupcakes and our confectionary items. We do, however, offer a goodwill cancellation basis for these products where certain requirements are met (see below)
(b) made-to-order or customised products which may include special editions or signed books, cards etc.
(c) services, such as workshops, courses and masterclasses once these have been completed, even if the cancellation period is still running
(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, such as our baking mixes etc.
(e) digital products, such as E-books or downloadable recipes which cannot be returned once purchased
Cakes, Cupcakes and confectionary orders
A refund will be issued for any cancellation made formally in writing more than 12 full weeks prior to your required collection/delivery date. If you choose to cancel your order after this period, we will offer a refund less the 50% deposit. Cancellations made within 14 days are not refundable or transferable. In the unlikely event we are unable to complete to order due to circumstances beyond our control, we will issue a full refund.
11. Refunds and Returns
Cakes, Cupcakes and confectionary orders
We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the colour or wording is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone on 07956154956. If a Product is not as on the Order Confirmation or damaged we may credit or refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we may refund the price you paid for the returned Products together and/or the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.
We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.
We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
Baking mixes and stationary
Our returns policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Our baking mixes are heat sealed for hygiene purposes, if this seal is broken/ tampered with, then it is not eligible for return.
To complete your return, we require a receipt or proof of purchase. Please email us at email@example.com to advise us of your desire to return the item. We will provide you with the return address. Please include a copy of your invoice or a document stating your name, full address and post code, order number and reason for return in your package. Kindly note, that you will be responsible for the payment of return shipping costs.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Please note that shipping costs will not be refunded. If your refund is rejected and you wish for the item(s) to be returned, you will be asked to pay to have the item(s) shipped back to you.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded. We will only replace/exchange items if they are defective or damaged. If you need to exchange it for the same item, please send us an email at firstname.lastname@example.org with a picture/description of the damage so this can be arranged if applicable.
We cannot be held liable for any packages being returned to us that are lost in transit. Please ensure you obtain proof of postage so you are able to contact your postal company in the event your package goes missing.
Workshops, courses and masterclasses
We are unable to offer refunds on any workshops booked if you cannot attend a course. In the unlikely event that we need to cancel a course, we will offer a full refund of the cost of the course fee only, or the option to transfer to another available course. Please be advised that we take no responsibility for the travel or accommodation expenses you may have incurred, and we advise customers who travel from afar to take out travel or cancellation insurance.
Ebooks, Downloadable Recipes and Digital Products
Digital products are non-refundable once purchased as access to the product is granted immediately and the product cannot be returned. If you have any questions about the product you wish to purchase, please contact us prior to making your purchase.
Digital products remain the property of Ayo’s Cakes and Bakes, and MAY NOT be resold or re-shared.
We will not accept the return of any Products which have been purchased from any outlet other than this online Site.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded or exchanged.
The provisions of this clause do not affect your statutory rights.
12. Our right to vary these terms and conditions
We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
YOU AGREE that:-
It is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;
It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;
It is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name and password. You will not allow others to use your user name or password and you will notify us immediately of any unauthorised use of either of them. We shall not be responsible for any losses arising out of the unauthorised use of your user name or password and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;
We shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;
Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);
You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
Variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.
13. System Requirements
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
14. Misuse of the Site
We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.
You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
We may require you to change your user name or password or any other information which permits you access to purchase Products from the Site.
We have the right to withdraw any Product from the Site for any reason 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.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to email@example.com
We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. 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 welcome ‘hot links’ to the Site, but not ‘deep linking’ by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.
It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
19. Intellectual Property Rights
All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
You will infringe our rights if you copy or reproduce any part of the Site save for:
- A temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
- You printing out any pages from the Site as a record of any Products you have purchased from it; or
- You printing out a copy of the Terms and Conditions which we would request you to do; or
- Your own personal use provided that:
- No documents or related graphics on the Site are modified in any way;
- No graphics on the Site are used separately from the corresponding text; and
- The Company’s copyright and trade mark notices and this permission notice appear in all copies.
- Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
For the purposes of this Clause 22 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
Concerning the Site:
You understand and agree that your use of the Site is at your own sole risk. The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.
Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
Concerning the Products:
Cakes, cupcakes and confectionery products ordered that are delivered in person are fresh on the day of delivery to or collection by you and will remain fresh for a further 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
Items shipped via post are recommended to be consumed on the day of receipt. Your products will contain a threshold for consumption in the package when received. If your product is delivered after this time, we do not recommend it is consumed. If you choose to consume this product, we are not liable for any deterioration of the product or damages and you do so at your own risk. Please note, that the delivery times quoted are an estimate provided by UK Royal Mail and are not guaranteed. We are not liable for any delays in receiving your product(s) and advise you select your shipping option accordingly.
Products which were due to be collected by you from one of our shops and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.
We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from one or our shops if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.
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 24 hours of delivery by us or collection by you or your courier/agent.
We will notify you of any Product containing nuts, other allergens or gelatine on the specific Product’s web page. However, since our kitchen does handle nuts and other allergens we cannot guarantee that traces of nuts or other allergens will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.
21. Third Party Rights
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
22. Law and Legal Notices
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms and conditions shall not be construed against the drafting party.