Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Cake Shop. The collective work includes works that are licensed to Cake Shop. Copyright 2010, Cake Shop ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Cake Shop or purchasing Cake Shop products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Cake Shop or to purchase Cake Shop products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Cake Shop. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Cake Shop used in the site are trademarks or registered trademarks of Cake Shop .

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Cake Shop disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Cake Shop does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cake Shop does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some US states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Cake Shop shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Cake Shop has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Cake Shop product is mistakenly listed at an incorrect price, Cake Shop reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cake Shop reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Cake Shop shall issue a credit to your credit/debit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the shopping process. These terms and conditions, or any part of them, may be terminated by Cake Shop without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Cake Shop may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Cake Shop.

Miscellaneous

Your use of this site shall be governed in all respects by the laws the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Cake Shop products) shall be in UK law. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Cake Shop products) must be commenced within one (1) year after the claim or cause of action arises. Cake Shop’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cake Shop may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Cake Shop or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Cake Shop does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Cake Shop is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Cake Shop reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Cake Shop in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Cake Shop, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Cake Shop may link to sites operated by third parties. However, even if the third party is affiliated with Cake Shop, Cake Shop has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cake Shop. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Cake Shop seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Refunds

1.  Refunds may occasionally be offered at the discretion of the management. Refunds are only taken into consideration in circumstances where there is a clear reason to do so, for example technical failure, or situations where you clearly did not receive what you have ordered.

2.  All claims for refunds will only be entertained if received in writing at the shop within 48 hours of collection. The maximum refund we offer is the value of the cake and delivery. Further compensation is not available.

Internet Sales

1.   Internet sales orders can only be confirmed as received once a confirmation email has been received by the customer.

2.  The two hour notice commences upon confirmation.

3.  No amendments can be made to internet orders once payment has been made.

4.  We must be notified of any complaints arising from a fresh cream cake within 24 hours. The cake and any portions need to be returned for testing and further investigation within 24 hours.

5.  In the event of a technical failure, website service outage or issues beyond our control, the extent of our liability will be limited to the total amount paid for the cake. Service Outages on our website will not include downtime due to Acts of God, Force Majeure, nor outside security breaches.

6.  In the event that an incorrect price is charged for an online order due to any technical glitch or error on the online ordering system, Cake Shop reserve the right to charge the correct price. We will make every effort to notify you of this prior to collection.

Cakes

1.   Serving portions are estimates only.

2.  We do not offer exact dimensions as each cake is hand crafted in freehand. Our cakes carry a significant impact and we are yet to receive any complain regarding portion sizes.

3.  Our cakes do not have nuts as an ingredient (unless included as an extra) but there may be nut traces present as we do handle nuts on the premises.

4.  Our cakes are made with vegetable fat and contain no animal fat.

5.  It is the customer’s responsibility to notify us in writing on the order form if a food allergy exists.

6.  Cake Shop denies all responsibility relating to the flowers as its suppliers cannot guarantee that the flowers have not been sprayed. While all efforts will be made to so neither the stems nor the petals are actually in direct contacts with the cake itself (plastic or paper will be used or the flowers will be placed around the cake rather than on the cake), Cake Shop declines all responsibility with regards to any fresh flowers to be placed on the cake or otherwise.

7.  You (the customer) are responsible for advising your caterers of the inedible items on the cake so that they remove them before serving.

Wedding Cakes. This section applies to studio sales only.

1.  You will always be given written order confirmation. Please check it and notify us in writing if anything is not correct.

2.  Wedding cake stands can be hired costing £100.00 which is refunded when the stand is returned within three days after date of collection or delivery of the cake. Late return of a Wedding Stand is charged at £5.00 per full day which will be deducted from the deposit held until fully depleted.

Cake Storage and Shelf Life

1.  All cakes should be stored in a cool dark place on a flat sturdy surface.

2.  Only Fresh cream cakes should be stored in a fridge.

Edible Images and Sugar Models

1.  Edible images can be put on almost any cake at an additional cost.

2.  Editing and altering images may involve extra charges.

3.  We can scan and print any photograph or image. Whenever an image is scanned and printed the quality deteriorates so make sure you give us the best quality pictures you can.

4.  If you wish to supply a digital picture, we only accept jpg and png images.

5.  Hand made sugar models to accompany your cake such as flowers, stilettos etc cost extra. These are quoted for separately.

Orders

1.  Fresh cream cakes can be made with four hours notice commencing confirmation of order.

2.  Buttercream cakes require two working day notice, and icing cakes require at least 7 working days notice.

3.  We require 8 weeks notice for wedding cakes. Please order as early as you can if possible. Please ensure to check your order thoroughly before payment.

4.  For bespoke cakes, our decorators can only create the finished article from what they interpret from the wording of your order. It is not possible to create exact specifications when modelling food, just a graphical representation.

5.  24 hours after your cakes has been ordered and paid for, any further alteration will carry a £5.00 administration fee

6.  Internet orders cannot be altered once payment is made.

7.  If an inscription, colour or any other choice is left un-selected on your order then we reserve the right to use our own discretion.

Payment

1.  We require a deposit on Wedding Cakes. 30% is due on order, the balance due 21 days prior to delivery / collection.

2.  Fresh cream cakes require a 50% deposit.

3.  All buttercream and icing cakes require a 50% deposit.

4.  We only accept cash, credit or debit cards. We do not accept cheques.

Online payment

1.  Non-receipt of a Paypal payment authorisation confirmation by the customer indicates non-acceptance of order.

2.  The order confirmation must be provided when collecting cakes.

3.  We take no responsibility for ensuring the authenticity in respect of the bearer of the receipt for collection of the cake.

Delivery for Wedding cakes

1.  All wedding cakes are delivered boxed.

2.  Delivery charges are quoted separately at the time of order.

3.  All cakes will be delivered on your chosen delivery date.

4.  Once the cake has been collected or delivered it is no longer the responsibility of Cake Shop.

5.  Deliveries are not guaranteed. By making a purchase you accept that deliveries cannot always be fulfilled. In the event of a delivery not being fulfilled, a full refund will be offered.

6.  The goods will be delivered to you, the buyer, at the address provided by you on the order form

7.  The risk in the goods shall pass to you upon such delivery taking place

8.  Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery you, the buyer, shall be entitled to cancel the order at any time before delivery takes place

9.  Notification of a cancellation will be given verbally or via email, no set time scales for notifications are given.

10.  We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical.

11.  Our driver may try to call any contact details left with us if they require any assistance with the delivery. Cake Shop cannot be held responsible for spoiling a surprise, if you have a surprise planned then you must collect the cake from our store, that way you will have full control.

Cancellation

1.  There will be no refund on cakes cancelled, however on shop orders a credit voucher may be issued for the equivalent value, valid for six months from date of issue.

2.  Credit vouchers are issued at the discretion of the management. Internet orders cannot be cancelled or amended once payment is made.

3.  A administration charge of 30% of the order will be deducted from your refund if a cake is cancelled prior to delivery or collection.

4. Novelty cakes & Wedding cakes are excluded from the above and carry a seven day cancellation notice period. Notice is required in writing either by email or letter to our head office. If notice is received 7 days or more prior to the delivery date a 25% (of monies paid) credit note will be issued to you. Any notice within the seven day period is exempt from any credit being issued.

Complaints

1.  Corrections and repairs to cakes, including inscription mistakes, can be corrected on the same day in most cases. You are required to give us this opportunity and must let us know of the problem upon collection or delivery of the cake.

2.  All questions or queries related to aesthetics or design must be made immediately at time of collection or delivery.

3.  Complaints are very rare and so we take them very seriously. Some complaints may require further investigation and an immediate response may not always be possible. Cakes, or part of cakes, must be returned within 17 hours of collection to ensure we are able to fairly assess the nature of the complaint. The cake must be in a suitable state to enable further investigation, assessment and testing.

Allergen Notice

*Gluten, Dairy, Lactose & Nuts are present on our premises. We can however never guarantee 100% non contamination in any of the above as they are present in our bakery. We have taken extra precautionary measures to lessen the chance of cross contamination.