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Consumer Terms of Sale

BACKGROUND: 

These are the terms which apply to the sale of cakes and other baked goods (the “Cakes”) to you, when you make a purchase as a consumer on our website, www.cakestories.com (“Our Site”).

Some Information About Us

Our Site, www.cakestories.com, is owned and operated by CAKE STORIES LLP registered in England under number OC398400,whose registered address 511 Durham Road Low Fell, Gateshead, Tyne And Wear, United Kingdom, NE9 5EY, whose main trading address is 12 Brentwood Avenue, Jesmond, Newcastle, NE2 3DH.

When You Use Our Site

Access to Our Site is free of charge. We provide this on an “as is” basis and “as available”. This means that we might need to change Our Site from time to time. We can also withdraw your permission to use Our Site at any time and for any reason.

You must treat all security information and passwords as confidential.

Our Site might be interrupted and contain errors from time to time, although we do our best to make sure this is not the case.

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use Our Site will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to Our Site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via Our Site.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in Our Site and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You must not change, copy, reproduce or translate anything on the site without our consent. You are not permitted to license, sell, rent, lease, transfer, assign, distribute, exploit or otherwise make any documents or online resources from the site available to any third party.

If you breach these terms, you lose your right to use Our Site, and must destroy or return any copies you have made.

Business Customers

These terms apply to consumers only and do not apply to customers purchasing Cakes in the course of business.

International Customers

Please note that we only deliver within the United Kingdom.

Our Cakes

You can find our pricing and descriptions of the Cakes on Our Site. These prices and Cakes may change from time to time, so please check back regularly to make sure your choice is available when you place an order.

We do our best to make sure all descriptions and graphical representations of the Cakes correspond to the Cakes that you will receive. But please bear in mind:

  • Images on Our Site are just for illustrative purposes. There can be differences in colour between these images and the actual Cakes themselves, due to computer displays, lighting and other things
  • Images or description of packaging are just for illustrative purposes, and there can be differences in the actual packaging of the Cakes too
  • Due to the nature of the Cakes sold through Our Site, there can be variances in size and weight of those Cakes between the description and the actual Cakes you will receive

None of these exclude our responsibility for mistakes we might make due to negligence on our part; these only relate to minor variations of the correct Cakes, not to different Cakes altogether.

All descriptions of the Cakes include a full list of ingredients. We will indicate where a Cake is suitable for vegetarian/vegan/gluten free customers, and our descriptions will clearly state if a Cake contains any allergens.

Please note that, while we do our best to make sure that our Cakes are prepared in a safe environment, we can’t guarantee that they will be free from ingredients such as:

  • Gluten
  • Milk or lactose
  • Eggs
  • Peanuts
  • Other nuts
  • Celery
  • Mustard
  • Sesame seeds
  • Soya or soybeans
  • Fish

We can’t guarantee that the Cakes you would like will always be available. We don’t include stock indications on Our Site, but we will let you know as soon as possible after you place your order if a Cake isn’t available. If there is no alternative Cake that you would like to order, we will refund you as soon as possible.

We might sometimes have to make changes to our Cakes if we need to do so from a regulatory or legal perspective. However, if any change will impact your enjoyment of the Cakes, we will let you know in advance.

We do our best to make sure that the prices on Our Site are correct. We are allowed to change prices and also to add or remove special offers when we wish. If we change a price, this will not impact an order you have already placed.

We will check all prices before accepting your order and sending you an email confirmation. However, if Our Site has shown you the wrong pricing information, we will contact you to let you know about the mistake. If the correct price is lower than you have paid, we will charge you the lower price. If the correct price is higher, we will give you the option to purchase the Cakes at the correct price or to cancel your order. We will not proceed with processing your order until you respond. If we don’t hear from you within 48 hours, we will cancel your order and send you an email to confirm this.

All prices on Our Site include VAT.

Delivery charges are not included in the prices shown on Our Site. The delivery charge will be automatically calculated when you checkout on Our Site, and added to your final price.

Placing an Order

Our Site will guide you through the ordering process. You will be given the opportunity to review and amend your order before submitting it, so please check it carefully before making your purchase.

If you provide us with incorrect or incomplete information, we might not be able to process your order. We will ask you to correct it but, if we haven’t heard from you within a reasonable time, we will cancel your order.

Cake Stories will not be responsible or offer refunds for items shipped to an incorrect address submitted through the ordering process.

Our Site isn’t making a contractual offer to you. When you place your order on Our Site, this is your offer to buy from us and, when we send you our order confirmation by email, this is our acceptance of your offer. At this stage, you have a legally binding contract.

Our order confirmation to you will include:

  1. Your order number
  2. Confirmation of the Cakes ordered including links to full details of the main characteristics of the Cakes order
  3. Pricing, including taxes, delivery costs and other charges
  4. Estimated delivery date and time 

If we can’t accept your order for any reason, we will email you to explain why. If we have already taken payment, we will refund you as soon as possible (to the same payment method you used to make the purchase).

Paying for the Cakes

You will be prompted to pay on Our Site as part of placing your order. 

Gift Cards

You will be given the option on Our Site to purchase digital gift cards. These gift cards are for the price advertised, and are delivered via email to either you or your chosen recipient.

Our gift cards are redeemable against any product advertised on Our Site, and can be redeemed by the holder of the gift card entering the gift card code at checkout. 

All gift cards are valid for 12 months from the date of purchase, unless we stop trading.

Gift cards cannot be exchanged for monetary value, and we do not provide ‘change’ on gift cards that are used to buy a product less than the value of the gift card. 

Delivery, Risk and Ownership

We will ship all Cakes via Royal Mail 24 Tracked Service. Orders placed before 12 noon will be dispatched on the same day, if they have been placed Monday to Friday. Orders placed after 12 noon will be shipped the next working day. Orders placed after 12 noon on a Friday will be shipped the following Monday. 

This does not apply to bank holidays or any other days when Royal Mail does not make deliveries, when the Cakes will be delivered on the next working day.

You understand that we rely on the Royal Mail to make deliveries and, although we do our best to ensure your order gets to you on time, we cannot be, and are not, responsible for delays or other issues caused by Royal Mail.

Although our Letterbox products are designed to fit through the majority of letterboxes, we do not guarantee that the package will be delivered through the recipient’s door if their letterbox is small, obstructed or non-existent. 

Local delivery will be available via our local courier service, ZMove, within a fixed radius, which will be shown on Our Site. This allows us to provide a same day service to local customers, if your order is placed before 12 noon. If your order is placed after 12 noon, you will receive your order the next day (or on Monday, if your order is placed after 12 noon on a Friday).

If no one is at your delivery address to receive the Cakes, and they can’t be posted through the letterbox or left in a safe place that you have nominated, it is the responsibility of the courier to explain how to rearrange delivery or where to collect the Cakes from.

If you do not rearrange delivery or collect the Cakes within 48 hours, we will be required to dispose of them, and treat the contract as cancelled. We will refund you the cost of the Cakes, but not the cost of delivery. Where delivery is offered as ‘free’ we will recoup the shipping costs incurred from the price paid and refund the remaining in return for the failure of delivery.

Delivery is completed, and you are responsible for the Cakes, once we have delivered the Cakes to the address you included within your order on Our Site. Ownership of the Cakes passes to you when we have received payment in full, including delivery charges.

We can’t be responsible for delays caused by delivery carries, including Royal Mail. We will always do our best to get the Cakes to you on time, but cannot guarantee this.

We cannot accept cancellations for delayed parcels that have already been dispatched.

If you have a problem with the Cakes

We really hope you love the Cakes we provide; however, we understand that sometimes things happen.

By law, we must provide you with goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information we have provided, and that match any samples you have seen.

If the Cakes do not comply with this when you receive them, or are incorrect, please contact us at hello@cakestories.com

We will not be liable for the issue if we have told you about the issue before you made the purchase, if you purchased the Cakes for an unsuitable purpose that we couldn’t have known about, or if the issue arises from normal wear and tear, misuse or intentional or careless damage.

If we give you a refund under this section, this will be provided to you within 14 days.

If you return the Cakes for any reason at all, you must do so in the original packaging and in the same condition as you received them.

Cake stories are not responsible for any shipping fees for returned products

For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Cancellations

You can cancel an order upto 12 noon on the day you placed the order, or 12 noon the following day if the order is placed in the afternoon on Our Site, and receive a full refund. However, this does not apply if you have opted for a quick delivery service, as detailed above.

After 24 hours, you may not cancel your order.

Because the Cakes we provide are perishable, you do not have the usual consumer rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You can cancel once you have received the Cakes if there is an issue with them, as set out above, but not because you have changed your mind. This applies to standard Cakes and also to bespoke Cakes ordered on Our Site.

Other Products

Although Our Site is predominantly for the sale of Cakes, we may also sell other products, such as merchandise (the “Goods”). In such case, the same terms contained above shall apply to the Goods, except that:

  • You have 14 days to tell us if there is a fault or issue with the Goods
  • You have a 30-day cooling off period, during which you can change your mind about the Goods for any reason and get a refund conditional on the successful return of the goods in the same condition as you received.
  • Cake stories are not responsible for any shipping fees for returned products

The reason for these differences are due to the Goods being non-perishable in nature. Otherwise, the remainder of these terms will apply.

Our Liability to You

We will be responsible for any foreseeable loss or damage that you suffer because we have breached these terms, or because of our negligence. However, we won’t be responsible if a loss to you isn’t foreseeable.

We only provide the Cakes for personal consumption. They are not intended for commercial, business or industrial use, including resale. We will not be responsible for any loss of profit, loss of business, interruption to business or any loss of business opportunity.

We are not trying to limit or exclude our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

We are not trying to exclude or limit our responsibility for complying with consumer protection legislation. 

If you would like more details on your consumer rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

Events Outside Our Control

We will not be responsible for delay or failing to perform our obligations to you if this is due to something happening that is outside our control. This includes a power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

Communicating with Us

If you wish to contact us to ask questions, to give us feedback or to make a complaint, please do so at: hello@cakestories.com  

We will do our best to get back to you as soon as possible.

Your Personal Data

We will need to ask you for some personal data to be able to fulfil your order. Please see our privacy policy for more information on this, which can be found on Our Site.

The Legal Bit  

We can assign our rights and obligations under these terms to someone else, but you cannot. If we do so, you will be informed in writing.

The contract formed when you place an order is between you and us. No one else is intended to benefit, nor will they be able to enforce any part of these terms.

If any part of these terms isn’t valid or lawful, the rest of the terms will still apply.

We may amend these terms from time to time, so please check back regularly, as any updated terms will apply to an order you place.

These terms, and any non-contractual obligations arising hereunder, will be governed by the laws of England and Wales. As a consumer, you also benefit from protections in your country of residence. If there is a dispute between you and us, the court in the country you reside in will have exclusive jurisdiction.

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