Information About Us
Welcome to www.cake-cetera.co.uk (the “Site”), a trading name of Cake Cetera Ltd. Our registered office is Unit 14, 69 Bothwell Road, Hamilton, ML3 0DW We are registered in Scotland with company number – SC453212
By accessing or using the Site and purchasing our Products you agree to be bound by all of the terms and conditions in, and linked to, these Terms of Service (the “TOS” or the “Agreement”). If you do not wish to be bound by this Agreement, then you may not access or use this Site or purchase any Products. If you have any questions or concerns regarding this statement, then you should contact us at [email protected]
You must read and accept all Terms of Service before using the Site offered by Cake Cetera
The purchase of products from the Site from Cake Cetera Limited (“we” or “us” or “Cake Cetera”) is governed by these terms and conditions. By ordering any of our Products, you (“you”, “the Purchaser” or “the Buyer”) agree to be bound by these terms and conditions. Contained in these terms and conditions are details of current regulations governing online shopping. Please read them carefully as they contain important information. If you intend to purchase from this Site Cake Cetera recommends that you print and carefully read and review a copy of these terms and conditions. Cake Cetera reserves the right to change, modify, substitute or remove, without notice, any information on this Site as necessary. You are also required to approve the Standard Terms and Conditions of Paypal (“Paypal Terms”) when setting up payment details. The Paypal Terms are incorporated in to this agreement so far as they are compatible and consistent with these terms.
Effective date: November 19th, 2013
Description of Services
In the Site, Cake Cetera provides users with access to sales of cake and treats (such food, the “Products” and such service, along with other related services, the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
This Agreement, together with any additional terms on the Site, shall govern any order you make through the Site or Services for Products. Cake Cetera ships only to addresses in the United Kingdom. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, we may decline to accept your Order or any part of your Order. If we decline to accept your Order, we will attempt to notify you at the email address you provided. The Products will be at your risk from the time of delivery. Ownership of the Products passes to you on delivery as long as full payment has been received
Cake Cetera website lets you select a delivery day of your choice or a next day delivery for orders placed by 12pm Monday to Friday, please note this is not a guaranteed service.
If you need order for a special occasion and need this delivered that day etc we would advise to book this delivery for at least a day before to avoid any disappointment. We are unable to refund due to a late issue with courier when we have despatched on desired day. We don’t want to ruin birthdays or disappoint when it’s outwith our control so always advise booking earlier. Unlike flowers our goods aren’t delivered from a local depot.
Orders placed on Friday after 12pm or Saturday can be delivered on the following Tuesday at the earliest and we regret that we cannot guarantee delivery times, please ensure you therefore enter the correct delivery date. All our items are sent recorded delivery and we can track progress. In the event of a delivery to a large company organisation/hospital where the goods may be received at a reception it is the customer’s responsibility to liaise with them to locate parcel. We can’t be held responsible after parcel has been signed for at the delivery address.
All items are subject to availability. The date and time of delivery shall not be the essence of the contract and any failure by us to make delivery on any particular date shall not entitle the customer to refuse the delivery or to claim for any expenses, loss of profits or other consequential losses whatsoever. Road traffic delays and accidents can cause courier delays and this is unfortunately outwith our control.
Ownership of the goods will pass to the customer on receipt of payment and dispatch of the goods. We will inform you as soon as possible if the goods you have ordered are not available. Once Cake Cetera have dispatched the goods to our third party courier (Royal Mail or TNT), we cannot be held responsible for any failure on their part to deliver on your chosen date. Please note that orders placed after the cut off time for your specified delivery date will be delivered as quickly as is possible but they will incur a delay.
In the event that you aren’t happy with your order or it has been damaged you must let us know within 12 hours after receiving.
You are entitled to cancel your order within seven working days of receipt of the goods (with the exception of products which have be opened or have date expired while in your possession).
We must be advised by email to [email protected] with photos prior to you returning any items and you must arrange for your own return of the goods. We cannot refund any items without full quantity of product being returned.
We are only able to match macaron colours as close as we can and can’t match exactly unless orders are over 500. We are unable to refund orders that don’t match to your chosen shade exactly.
We are unable to refund any personalised or perishable goods unless they have been damaged.
The goods must be returned in a satisfactory condition. Returned orders will be refunded in full within 30 days. Should you be unsatisfied in any way with your purchase or gift please contact us.
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. By submitting your payment information to us, you authorise us to charge you via the applicable payment method at our convenience. You represent that you will not use any form of payment unless you have all necessary authorisation to do so. To pay for an Order, you will need to provide Cake Cetera with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such order. We can only accept payment in pounds Sterling. We accept debit and credit cards including Mastercard, Solo, UK Maestro, Visa, Visa Debit/Delta and Visa Electron.
In the unlikely event that your payment card is used fraudulently to make a purchase with Cake Cetera, you, the consumer, are entitled to cancel the said payment(s). If payment has already been made, you, the customer, are entitled, in accordance with the standing Consumer Protection (Distance Selling) Regulations 2000 (as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005) (together “the Distance Selling Regulations”), to a re-credit or to have all sums returned to you by the card issuer.
Where we have validly taken payment in consideration of providing Products under this contract and where the Customer obtains a repayment from their credit card provider (“also known as a Charge Back”), notwithstanding such Charge Back, the Customer shall remain liable to us for such sums save where the Customer has returned the Products to us in the specific circumstances permitted by this Agreement. Customers receiving a Charge Back shall be liable to pay us an administration charge of £20 each month until we receive payment in full from the Customer where the Charge Back represents a breach of this Agreement.
Pricing and Products
We are not responsible for typographical errors regarding price or any other matter. Products displayed may be unavailable, and prices are subject to change. Despite our best efforts, a small number of the items on our Site may be mispriced. All prices do not include shipping which will be added to your total purchase price.
In the event that an order needs to be cancelled as recipient is on holiday. You must inform us by no later than 1pm the previous day.
Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL CAKE CETERA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability
We warrant to you that any Product purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased. This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987; or
- For fraud or fraudulent misrepresentation;
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
You agree to indemnify and hold Cake Cetera (and its officers, directors, employees, agents and suppliers) harmless from any claim or demand, including reasonable legal fees, or arising out of or related to your breach of this Agreement, or your violation of any law or the rights of a third party.
Survival of Terms
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of this Agreement.
Choice of Law
This Contract, its formation and the supply to you of any products or services ordered on our Website will be governed by Scottish law. Any dispute or claim arising in connection with the supply to you of any products or services, the formation of this Contract or any non-contractual dispute will be subject to the exclusive jurisdiction of the Scottish courts.
This Agreement including, without limitation, any other terms and conditions that may appear on the Site from time-to-time (for example, the shipping policy, return policy, and information regarding items and orders) contain the full understanding and agreement with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of this Agreement shall remain in full force and effect. The failure of Cake Cetera to insist upon or enforce strict performance by you of any provision of this Agreement shall not be construed as a waiver of any provision or right. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement. We may provide notice to you relating to the Site and/or this Agreement by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.
If you have any questions about these Customer Terms and Conditions, please send us an email at [email protected]cake-cetera.co.uk