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