Terms & 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.

Acceptance of terms

These provisions set out the terms and conditions on which you may make use of Cake Shop Franchise Ltd website (the "Site") either as a guest or registered user ("Customer Terms"). 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. These Customer Terms and conditions are reviewed and modified periodically. It is up to you as the consumer to check and agree to the terms and conditions when using our services.

1. About us

The Services are operated by Cake Shop Franchise Ltd ("we"). We are registered in England with our registered office address at Cake Shop Franchise Ltd Unit 15, Fountain Lane, Oldbury, B69 3BH. Company registration number 10313104.

Accessing our Service

From time to time, we may restrict access to any or all the Services, to users who have registered with us. Any private data and other information provided by you is managed by us in accordance with our Privacy Policy. You confirm that you agree to the terms of our Privacy Policy, by giving any personal data or other information. We will not be accountable if for any reason any of our services are inaccessible at any time or for any period.

2. Instructions and further information for customers ordering cakes with pictures

  1. Select a picture, taking into consideration the cake you are asking us to put it on and the writing you suggest.
  2. Images on sugar paper start to deteriorate with time as the sugar paper dissolves into the cream below. Therefore, picture cakes should be collected on time and used on the same day wherever possible.
  3. The image should be as large as possible and especially so for the larger cakes, to reduce pixilation.
  4. Check the picture for clarity as we are not able to process or enhance pictures.
  5. Positioning of the picture and the handwritten message will be at the judgment of the cake decorator.
  6. You take complete responsibility for the use of the image(s) you provide us and protect us against any claims for infringement of copyright and for obtaining permission from persons for the use of their images.
  7. If you want more than one picture or want to add text, then send us the edited picture as a JPEG file. We are not able to process other formats such as Pdf or Word documents.
  8. Please send the picture to the branches 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. Alternatively, when ordering online, you will receive an e-mail with a link to upload your picture.
  9. The cake decorator, at their discretion may crop away areas of the picture, unless you specify otherwise.
  10. Although we use the latest printing equipment, we cannot promise print colours will match any other items.

3. How contracts are formed between customers and Cake Shop Licensed Franchisees

Each order you place will be considered as an agreement by you to purchase the goods and/or services stipulated within it subject to the Customer Terms and the applicable details on the product page. No online order shall be deemed to be accepted by the Franchise until an email has been issued that establishes acknowledgement of your order. The contract between you and a Franchise will relate only to those goods and/or services notified in the email acknowledgement of order.

4. 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.

5. Payment methods

Purchases for goods and/or services you make with Franchise may only be paid for using a debit or credit card through our payment provision (or any other payment method which we may make available from time to time. The Franchise agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All costs 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. You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination you 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 suspending any transaction after processing has begun.

7. Delivery arrangements

Delivery is only available at selected stores. This is to be arranged with the branch that you are using.

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.

8. Returns / Cancellations

No refunds will be given for cancellations within 24 hours of collection time or for uncollected cakes- for whatever reason. For Hygiene reasons, uncollected cakes will be destroyed after 24 hours of collection time.

If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site, please contact the Franchise directly via e-mail or in branch, which will be approved in accordance with our Returns & Refunds Policy.

Cakes made to order must be collected as arranged. Preparation for customized order cakes start as early as 24 hours before collection. Therefore, if you try to cancel your order within 24 hours of the collection time, it is highly unlikely that the shop will be able to cancel your order.

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.

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

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.

9. Viruses, hacking and other offences

By misuse of our Site or any part of the Service such as introducing viruses, or other material, which is malicious or technologically destructive, you would commit a criminal offence under the Computer Misuse Act 1990. Any 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 we will be in a position to report you to the relevant law enforcement authorities. We will, furthermore, co-operate with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately, if any such type of breach is encountered.

10. 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.

11. 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.

12. 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.

13. Waiver

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 explicitly stated to be a waiver and is communicated to you in writing. 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.

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, strikes or other labour disputes (whether or not relating to the Seller's workforce), governmental actions, acts of God, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, 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 suspended for the period of time that the circumstances continue.

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.

15. Rights of Third Parties

Under the Contracts (Rights of Third Parties) Act 1999 or otherwise. No provision of these Customer Terms shall be enforceable by any third party. 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).

16. Law and jurisdiction

Any dispute arising from or related to the purchase of goods or services through our Site shall be subject to the exclusive jurisdiction of the courts of England.

17. Further applicable terms and conditions

The terms and conditions which apply to the purchase of goods or services through our Site them are as follows;

Purchases from our High Street Shops

By purchasing/ ordering and then collecting a product from our licensed Franchise store, the customer understands and agrees to the following:

  1. On placing the order, the customer is responsible for the accurate instruction of the cake requirements. It is the customer’s responsibility to check the receipt has all the right directions. This includes their chosen design number, size, colour, date and time of collection and the exact spellings of the handwritten message on the cake. Any errors must be declared to our staff and corrected at the counter before leaving the shop.
  2. The person collecting the cake is required and will be responsible for checking that the cake and writing, including spelling and colouring are acceptable. Furthermore, this should be a responsible adult appropriately instructed. Modifications made after collection will be chargeable and even possibly denied, as they may not be possible without major re-construction.
  3. Cakes must be collected promptly on time and 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 condition upon late collection.
  4. Customers must check trading hours of our shops. Shop staff will not be required to 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.
  5. Customers should understand Shop Managers and Cake Decorators work under a busy and demanding environment trying to control vast swings in demand. Customers should note that there is no compensatory system for the odd occasion that there is a failure to hand over the cake the instant a receipt is produced for collection.
  6. The shop staff will endeavour to have cakes ready by the time agreed and specified on the order receipt. On no account will the shop be responsible for any further or consequential damages (parking tickets, Hall charges, defamation etc.) upon collection of cakes.
  7. 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. Then placed flat in the boot of the car without other shopping around it. Claims for cakes that have been damaged because they have moved in the box due to inappropriate carriage will not be entertained.
  8. The customer is responsible for the swift 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.
  9. Cream and icing colour
  10. Dyes are edible and safe for consumption but may temporarily stain mouth, hands and body, and PERMANENTLY stain dresses carpets and furniture. It will be the customer’s responsibility to warn guests and guard against children accidentally staining clothes and furniture. The shop shall not be liable for laundry expenses or damages due to staining.
  11. 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.
  12. 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.

18. Governing jurisdiction

These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.

19. 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.

20. 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.

21. 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.

© 2020 by Cake Shop Franchise Ltd