This website www.cakeholelondon.com (the Site) is operated by Cakehole London Limited, a limited liability company registered in England and Wales with company number 06886194 and with its registered office at Unit 5, Hamilton Road Industrial Estate, Hamilton Road, London SE27 9SF. Throughout the Site, the terms “we”, “us” and “our” refer to Cakehole London Limited. Cakehole London Limited offers the Site including all information, tools and services available from the Site to you, the user, subject to your acceptance of these terms and conditions.
By visiting the Site and/or purchasing goods (Products) from us, you agree to be bound by the following terms and conditions (Terms). These Terms apply to all users of the Site and the purchase of all Products using the Site. By accepting these Terms you also agree to our Privacy Policy which can be found under the Privacy Policy link on the Site. If you do not agree to these Terms then you must stop using the Site. These Terms constitute a legal agreement between you and us. You must be at least 18 years old to use the Site on your own behalf. If you are under 18 but at least 15 years old you must show these Terms to your parent or legal guardian to register on your behalf. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.
Our contact details can be found under the Contact Us link on our Site.
Using our Site
We may amend these Terms and the Site from time to time. Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or any Product at any time.
You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
Passwords
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print one copy and may download extracts of any page(s) from our Site for your personal use only.
You must not modify the paper or digital copies of any materials you have printed or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trade Marks
Our Site contains the UK registered trade marks with numbers UK00002559087 and UK00003014529 which are registered to us. You are not permitted to use them without our approval.
Content on the Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Links to other Sites
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Bugs and Viruses
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, 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 without notice. If you wish to link to or make any use of content on our Site other than that set out above, please contact us.
Terms and Conditions for Purchase of Products
The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the Products accurately the visual appearance of the Products may vary slightly from those images. Because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Site may vary. The packaging of the Products may vary from that shown on images on our Site.
Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms your order has been accepted. A contract for purchase of the Products between us will only be formed when we send you the email confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery timeframe we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
Returns and your Right to Cancel
If you are a consumer you have a legal right to cancel certain contracts for the purchase of goods online, however this right of cancellation does not apply to our Products as they are perishable. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
If you find that Products delivered are not those ordered by you, the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately and we will give you instructions as to returning the item or issuing a replacement. You must retain the damaged Products and all packaging for inspection by us. Subject to our review of the defective or damaged Product and to these Terms we will refund the price you paid for the returned Products together with the delivery charge or provide you with a replacement. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products if they are damaged during transit to your home provided that you or your courier/agent has signed a delivery receipt confirming that the goods were in good condition and undamaged at the point of collection. Please note that flavour is often a matter of personal preference and therefore we will not provide a refund because you do not like the taste of a Product.
You should review the FAQs section of our Site for information on how to store our Products, some of which should be stored at an ambient temperature and some of which should be refrigerated. We will not be liable to you in respect of any complaint concerning any Product which is not raised by you within 24 hours of delivery by us or collection by you or on your behalf.
Payment and Pricing
The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Site. It is always possible that some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided we will treat the order as cancelled and notify you by email. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
You may pay for Products using a debit card or credit card or cash if you collect a Product.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
If you order a non-standard Product (such as a wedding cake with personalised designs to your specification) you will not be able to order or pay through the Site. We require payment of 50% of the price of the Product when you order and the remaining 50% three weeks before the agreed date of delivery.
Delivery, Risk and Title
We deliver in accordance with the information under the Delivery page on our Site. We do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
The Products will be at your risk from the time you collect the Products from us or we deliver them to you. Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
Liability – Business Customers Only
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence;b) fraud or fraudulent misrepresentation; or
c) any other liability which cannot be excluded at law.
Subject to the preceding paragraph our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Liability – Consumers Only
We only supply the Products for domestic and private use. You agree not to use Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms caused by an event outside of our control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
General
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are only for the benefit of you and us and no other person can claim a benefit from these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Governing Law and Jurisdiction
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.