Last Updated: 21 March 2017
cakesaround.com is a website operated by Cakes Around Ltd ("we", “our”, “us” or "Cakes Around"), registered in England and Wales, with company number 10380334, whose registered office is at International House, 776-778 Barking Road, Barking, London E13 9PJ, United Kingdom.
We provide a service (“Service”) of placing orders from our partner Bakers (“Bakers”) through our website www.cakesaround.com and mobile applications through which you access our website or services (together, "Website"). References to Website in these Terms include any current or future versions of the website www.cakesaround.com and mobile applications. "You" and "Your" means the person using this Website.
This page (together with the Cookies Policy) informs you the terms and conditions (“Terms”) on which you access our Website and order products ("Products") through our Bakers. Please read these Terms carefully before you start using our Website and order any Products. By accessing our Website and/ or placing an order you agree to be bound by these Terms, notices and disclaimers. If you do not agree to these Terms, please exit the Website immediately, and you will not be able to order any Products through our Website.
We reserve the right to change these Terms from time-to-time by changing them on this page. You should check the Website regularly to review the current Terms, because they are binding on you. We also advise you to print a copy of these for future reference. These Terms are only in English language.
1. Accessing Our Service
Our Service is intended to be accessed by users located in the UK who are over 18 years of age. Information, materials or functions included in this Website may not be appropriate for use in other jurisdictions.
By using this Website, you agree that any personal information provided by you is true, current and complete and that you will notify us immediately of any changes to your personal information by updating your account on the Website.
You also agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use.
You are also not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your accounts.
You are also responsible for keeping your login details confidential, for any activities that occur under your account and for making all necessary arrangements to access the Website and also ensuring that all persons who access the Website through your Internet connection are aware of these Terms and that they comply with them.
You may not use the Service for any unauthorised, illegal or unlawful purpose, including without limitation: interfere with, damage or disable the operation of this Website or attempt to gain unauthorised access to this Website or to any networks or equipment connected to it; distribute any abusive, unlawful, harmful, threatening, obscene or other objectionable material; transmit material that constitutes a criminal offence; and/or interferes with anyone’s use of the Website.
We may terminate or suspend (at our discretion) your right to use the Website by notifying you in writing if we believe in our sole discretion that you have breached the Terms.
2. Website Content & Availability
We will try to ensure that information on the Website is correct and up-to-date, however we do not guarantee it is so. We may make changes to the Website content at any time without notice and if needed, we may restrict access to our Website, or close them indefinitely.
We will try to make the Website available 24/7, however we do not undertake any obligation to do so, and will not be liable to you if it is unavailable at any time or for any period.
Our Website contains links to other sites and resources. They do not imply an endorsement or sponsorship of, or our affiliation with those sites. We also have no control over the contents of those sites and you access them entirely at your own risk, making us not liable for any loss or damage caused by accessing such sites.
You may provide a non-framed link to our homepage www.cakesaround.com, if you agree to do so in a fair and legal way. Any website from which you link must comply with the content standards set out in these Terms; and we have the right to withdraw linking permission for any reason.
All Products are subject to availability and we do not give any undertaking that the Products ordered from any Baker through us will be of satisfactory quality or suitable for your purpose. It is also your responsibility to thoroughly check the supplied Products while collecting an Order.
If you are dissatisfied with the quality of Product(s) or the service provided by a Baker and wish to seek a refund or any other compensation, you should contact the Baker directly to lodge your complaint. If you are unable to contact the Baker, or the Baker refuses to deal with your complaint, you can contact us within 48 hours of placing your Order and we will attempt to contact the Baker in order to request compensation on your behalf. Please note that we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Baker.
The Bakers may use nuts or other allergens in the preparation of certain Products. We cannot guarantee the ingredients of any Products sold by the Bakers and have as such, advised Bakers to list all allergens included in a Product on the Product details page of the Website.
Please ensure that all the information you enter is correct (incl. Email address and phone number) and any errors are rectified before clicking ‘Make Payment’. Once you do so, the Order will be submitted and we will start to process it and as such errors won’t be able to be corrected.
On receipt of your Order, we will begin processing it by sending it to the relevant Baker(s) and will notify you by email that your Order has been received. If the Baker is not able to satisfy the order, they will email you ideally within 24-36 hours of receiving the Order. The contract for the supply of any Product you order through us will be between you and the Baker(s).
You can also place Personalised Orders through us, whereby your request is submitted to the Bakers you choose ‘Get Quote’ from. Bakers will provide a no obligation quote based on your request. By choosing ‘Get Quote’ you agree to them contacting you by the chosen method of communication on the request form. Bakers have the right to update their quote if more information is received based on your communication with them. If you want to choose a Baker, click ‘Accept quote’ after which payment is requested.
You can cancel any Order, if the Baker hasn’t already started preparing the Order. We will give you an indication of this date in the Order confirmation mail. If you wish to change or cancel your Order after this date, you should contact us on firstname.lastname@example.org and we will try to contact the Baker. However, there is no guarantee that we will be able to reach the Baker or if the Baker will agree to your requests.
If any payment you make is declined or not authorised, your Order will not be processed further and will be communicated to the Baker(s).
6. Price & Payment
The price of any Products will be as quoted (in British Sterling Pounds) on our Website or through your Account section for Personalised orders. These prices may exclude delivery costs or any optional cake inscription charges. These will be added to the total amount due where applicable.
Prices are liable to change at any time, but changes will not affect Orders already placed. Some Products listed on our Service may be incorrectly priced. In such case, we will notify you as soon as we can and cancel the relevant Order.
Payment for all Products can be made by credit or debit card through our Service. This is made directly to Cakes Around and is passed to the Baker. We are authorised by Bakers to accept payment on their behalf and a payment to us will discharge your obligations to pay that price to the Baker.
Please note that there may be delays with the processing of card payments from time-to-time which may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
A credit or discount may apply to your Order if you use a promotional voucher code recognised by the Website, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of discount vouchers.
If your Order is subsequently cancelled by the Baker for any reason, we will refund the relevant amount into your bank account. However, this may take around 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the Baker will be responsible or liable to you in relation to a delay by your bank or card issuer in the release of funds back into your account.
7. Promotional Code
The usage of a promotional code (“Promo code”) is for the intended recipient only and may not be copied, reproduced, distributed, or published in any form, or stored in a data retrieval system, without a prior written permission from us. Promo Codes distributed or circulated without our written approval are not valid for use and may be refused or cancelled. Any attempt to manipulate the usage of Promo codes will render the Order and may lead to that account being closed.
When you use a Promo code, you warrant to us that you are the duly authorised recipient of the Promo code and that you are using it in accordance with these Terms, lawfully and legally.
Only one Promo code can be redeemed per Order, however they could be used multiple times until the expiry date. Expiry dates are specified on the adverts, coupons or leaflets, and these will contain information specific to that campaign.
If a Promo code becomes invalid due to technical failures or any other causes beyond our control, we reserve the right (subject to any written directions given under applicable law) to suspend or modify the campaign that is related to that Promo code.
Promo codes cannot be exchanged for cash or any other alternatives and have no monetary value. Promo codes cannot be used for the Personalised Orders requested through the Service.
We reserve the right, at any time and in its sole discretion to vary or terminate the operation of a Promo code without notice. We shall not be liable to you or any third party for any loss or claim arising out of the rejection, cancellation or withdrawal of any Promo Code.
All deliveries are the sole responsibility of the Baker accepting the order. The Baker will try to meet the delivery time you agreed, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
If you do not open the door or respond to their call within 10 minutes of the Baker physically reaching your address, they reserve the right to leave the premises, and you will be charged for the Product. You can however arrange re-delivery or pick it up by speaking directly to the Baker. If there are additional costs due to any changes, the Baker will let you know in advance and the payment can be made directly to the Baker.
You have the right to cancel an Order before the minimum cancellation period stipulated by the Baker in the confirmation email, by going into My Account section of the Website.
We or the Baker reserves the right to cancel any order, and will notify you immediately. You will not be charged for any Orders cancelled in accordance with this clause. Any payment made for such an Order will be reimbursed using the same method you used to pay for your Order.
Whilst every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any Order that is based on inaccurate information or technical glitches in the Website.
10. User Comments
These content standards apply to any and all material (reviews, requests or any others) which you provide to our Service ("Comments"). They reflect your opinions after having ordered through the Website, or any statements, advice or opinions provided are yours only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Comments.
Comments must comply with applicable law in the UK and in any country from which they are posted. Comments must not:
Any material you upload to our Service or data we collect will be considered non-confidential and nonproprietary. You agree that we have the right to disclose, copy, distribute, and sell to third parties any such material or data for any purpose related to our business. If such material is protected by intellectual property rights, you grant us a perpetual, world-wide, royalty-free licence to use it as above for any purpose related to our business.
We also reserve the right and have the sole discretion to remove or edit at any time any Comments posted, uploaded or transmitted to the Website that we determine breaches the above Terms, or for any other reason.
We may also remove any posting or material uploaded by you to our Service; issue a warning; take legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/ or disclose information to law enforcement authorities as we feel is necessary.
11. Intellectual Property Rights
You should not print, copy, reproduce, download, republish, broadcast, display, re-use or alter the materials from this Website in any way except for your own personal, non-commercial use, without our prior written permission.
All copyright, trademarks and other intellectual property rights in this Website and its content (including Website design, text, graphics, logos, icons, images and all software, databases and source code connected with the Website) excluding your Comments are owned by or licensed to be used by us as permitted by law.
To the extent permitted by law, Cakes Around provides this Website and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, regarding the content or availability of this Website, or that it will be timely or error-free, or that the Website or it’s server are free of viruses or other harmful components.
Neither Cakes Around nor any Baker shall have any liability to you or any third party for any losses or damages in connection with the usage of our Service. If Cakes Around or the Baker is found to be liable to you, our total aggregate liability is limited to the price you have paid for the Products in your Order.
Nothing in these Terms excludes or limits Cakes Around’s or our Baker’s liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
We will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Website.
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website.
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
We accept no responsibility or liability for the quality or quantity of any goods delivered by or collected from the Bakers.
The transmission of information via the internet is not entirely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
Our performance under these Terms will be suspended while any Force Majeure Event continues, and we will have an extension of time for performance during that period.
If any provision of these Terms are judged by a competent authority to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
15. Entire Agreement
These Terms constitute the entire agreement between you and Cakes Around and supersedes all prior discussions, negotiations, correspondence, arrangements and understandings between the parties relating to that subject matter of any contract.
16. Law And Jurisdiction
17. Questions & Concerns
All questions regarding Products shown on this Website should be directed to the Baker.
If you have any concerns about these Terms, materials which appears on our Terms, login details or anything else, please contact us at email@example.com.
Copyright 2017 Cakes Around. All rights reserved.
Registered in England and Wales., Company No. 10380334
Copyright 2017 Cakes Around. All rights reserved.
Registered in England and Wales., Company No. 10380334
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