Please read these terms and conditions. They will apply to any order you make for goods from Candy Cakes LTD. You understand that by ordering any goods, you agree to be bound by these terms and conditions. You should retain a copy of these terms and conditions for future reference.
1.1 This website is operated by Candy Cakes LTD ("we", "us" or "our"). We are registered in England and Wales under No. 06328131 and CANDY CAKES LIMITED whose registered office address is:
205 Crescent Road New Barnet Hertfordshire, EN4 8SB
Our main trading address is:
26 Goodge Street Fitzrovia London, W1T 2QG
Our VAT number is 91541 3640 you are the customer.
1.2 Goods displayed on our website can be ordered online through our secure server, by emailing us at email@example.com or by calling our telephone ordering service on +44(0) 203 167 1369. If there is anything you do not understand, please raise it at the time you place your order.
1.3 Your order constitutes an offer to us to buy our goods. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you be sending you notice (the "Order Confirmation"). The contract between us (the "Contract"). will only be formed when we let you have the Order Confirmation.
1.4 The Contract will relate only to those goods confirmed in the Order Confirmation. We will not be obliged to supply any other goods, which may have been part of your order until the dispatch of such goods has been confirmed in a separate Order Confirmation.
1.5 By placing an order, you confirm that:
1.5.1 You are legally capable of entering into a binding contract;
1.5.2 You are eighteen years or over; and
1.5.3 You have read and agree to be bound by these erms and conditions.
1.5.4 Please understand that if you refuse to accept these terms and conditions, you will not be able to order any goods from us. In case of orders made through the website please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you do not do that you cannot place an order.
1.6 We sell goods only to end consumers. All goods are sold subject to the condition that they will not be resold
1.7 The Contract may be subject to your right of cancellation (see paragraph 5 below).
1.8 We may change these terms and conditions without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understood the current version of our terms and conditions.
2. Description and price of the goods
2.1 The description and, subject to paragraphs 2.2 and 2.3 below, the price of any goods you order will be as shown on our website at the time you place your order, subject only to any inadvertent typographical errors for which we will not be liable. We also operate a customization service where non-standard goods may be ordered by special arrangement. If you would like to use this service, please contact us at firstname.lastname@example.org or by telephone +44(0) 203 167 1369 to discuss your options and our prices.
2.2 The prices of the goods include standard delivery charges. Additional delivery charges can be found on our website.
2.3 The prices of the goods stated on our website are those operating under our standard service. An additional charge will be payable if you require our express service, as stated at paragraph 4.2 below.
2.4 All prices are inclusive of VAT, where applicable.
2.5 The goods are subject to ingredient availability. You will be informed when placing your order if any goods cannot be produced and in that event, we will offer you an alternative.
2.6 Please be aware that all our goods may contain nuts or traces of nuts.
2.7 Every effort is made to ensure that information concerning prices and descriptions on our website are accurate at the time you place your order. However, our website contains a large number of items and it is always possible that, some of the goods listed on our website may be incorrectly priced. We will verify prices when we send you your Order Confirmation.
2.8 Prices are liable to change at any time, but changes will not affect those orders for which a Order Confirmation has already been sent.
2.9 We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. However, we will advise you in writing where it is not possible to accept your order to buy the goods at the price stated.
3.1 Payment are secure and made through Paypal The debit, credit and charge cards accepted by us are those listed on the website.
3.2 Where you pay by debit, credit or charge card, Paypal will debit the price of the goods from your payment card at the time of your order. We reserve the right to terminate any Contract if we are refused payment.
3.4 You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you.
4.1 We deliver anywhere in central London but an additional delivery charge will be payable based on the delivery post code (PLS see DHL charging sheet in delivery section).
4.2 If you order goods from our standard service, delivery will be made between Tuesday and Friday as far in advance as you would like upon which you will receive an Order Confirmation.
4.4 We will arrange a time for delivery once a Contract has been formed and confirm this to you in the Order Confirmation or by contacting you separately with a delivery confirmation. It is essential that you, or someone on your behalf, will be available to receive and sign for the goods at the delivery address at the time of the arranged delivery. If someone at the delivery address other than you signs for the goods, we are entitled to assume that person is authorised by you to do so.
4.5 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery time and date.
4.6 If no one is at the delivery address when delivery is attempted then the following arrangements will operate, depending on whether the order contains frozen perishable goods.
4.6.1 No responsibility is taken by Candy Cakes Ltd after the goods leave our premises. Please always keep in mind that due to the delicate nature of our products, transportation and manhandling might cause them slight disfiguring. No refunds are given in such an event.
5. Amendment of order and cancellation rights
5.1 In the case of perishable goods, you may amend or cancel your order by contacting us by email at email@example.com or over the telephone on +44 (0)203 167 1369 prior to the following cut-off times.
5.1.1 In the case of our standard delivery service, no later than three hours after the Order Confirmation.
5.1.2 In the case of our express delivery service, no later than 30 minutes after the Order Confirmation.
5.2 If you amend or cancel your order containing perishable goods within the time limits stated at paragraph 5.1, then within 30 (thirty) days of the amendment/cancellation:
5.2.1 if you have paid the price by credit, debit or charge card, we will credit your payment card with the appropriate sum; and
5.2.2 if you have paid by gift voucher, we will issue you with a replacement gift voucher.
5.3 Where you amend or cancel an order for perishable goods outside the time limits stated at paragraph 5.1, we will be unable to resell any unwanted goods since they are freshly made to order and we will also have incurred a charge to our courier on the booking of your delivery. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation or the relevant gift voucher(s).
5.4 In respect of non perishable goods only, you have the right to cancel the order and to send back the goods at any time within seven working days beginning on the day after you receive the goods. A working day is any day other than weekends and bank or other public holidays. Please note that this right does not apply to perishable goods such as frozen goods. If you wish to send back non-perishable goods, you need to comply with the following arrangements:
5.4.1 You should give us notice by telephone on +44 (0)203 167 1369 or by email at firstname.lastname@example.org giving details of the goods concerned.
5.4.2 You should then return the goods to us, in secure packaging, within five working days of notifying us that you wish to return the goods. You will be responsible for the cost of returning any goods to us unless they are defective or we have delivered the goods to you in error or as a substitute. Alternatively, we can collect the goods from you, but you will have to pay the cost to us of recovering the goods.
5.4.3 You must take reasonable care to ensure that the goods and their packaging are not damaged, pending their return.
5.4.4 Within 30 (thirty) days of the date on which you notify us of cancellation, and if you have paid the price of the goods by credit, debit or charge card, we will credit your payment card with the appropriate sum and if you have paid by gift voucher,we will issue you with a replacement gift voucher.
5.4.5 If we have already collected the goods ourselves, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
5.5 In the case of mixed orders comprising both perishable and non-perishable goods, your cancellation rights under paragraph 5.4 above will only apply to that part of your order which comprises non-perishable goods. You may amend or cancel that part of your order which comprises perishable goods in accordance with the provisions of paragraphs 5.1 to 5.3 above.
5.6 For your protection we recommend, when returning any goods, you use a reputable delivery service that can provide evidence that they have delivered such goods back to us. Please ensure that the goods which are being returned are packed with sufficient care to ensure damage does not occur in transit. We will not be responsible for damage to returned goods caused by insufficient packaging. In most cases sufficient packaging means inside a strong cardboard box with adequate internal cushioning around the goods.
6. Refunds policy in case of customer complaint.
6.1 Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect goods, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by telephone. We may then, at our discretion, require you to send us a photograph of the goods which are the subject of the complaint. We may also require you to return the cake to us, postage and packaging to be refunded by us in this instance.
6.2 You should note that where you order any cake with a topping, the topping by its nature may become dislodged during transit. In most cases, you will easily be able to replace the topping on top of the cake and this will in no way affect the quality of the cake itself. Accordingly, in that event, you will only be entitled to the remedies under clause 6.3 if there is some other problem with the quality of the cake after the topping has been replaced.
6.3 Subject to your compliance with paragraphs 6.1 and 6.2 above, where you have received incorrect goods, a short delivery of goods or goods that do not meet with your reasonable satisfaction, we will, at our option:
6.3.1 make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
6.3.2 to the extent that you have paid the price of the short shipped or unsatisfactory goods by credit, debit or charge card, refund the appropriate sum to your payment card and, to the extent that you have paid by gift voucher, issue you with a replacement gift voucher.
6.4 We will not require payment of any additional delivery charge in respect of the replacement of goods or making good their shortfall in these circumstances.
7. Our liability
7.1 If either we or you are in breach of any of these terms and conditions, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of such breach.
7.2 Unless set out in these terms and conditions we will not be responsible for any loss or damage to the goods after you have taken delivery of them.
7.3 We cannot accept liability for losses that were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price you paid for the goods in question.
7.4 This does not include or limit in any way our liability:
7.4.1 for death or personal injury caused by our negligence;
7.4.2 under section 2(3) of the Consumer Protection Act 1987;
7.4.3 for fraud or fraudulent misrepresentation; or
7.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.5 We will not be liable under any Contract for any loss or damage caused by us or our employees or agents in circumstances where:
7.5.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
7.5.2 such loss or damage is not a reasonably foreseeable result of any such breach; and;
7.5.3 any increase in loss or damage resulting from breach by you of any of these terms and conditions.
8.1 We are committed to ensuring that your privacy is protected and we will take all reasonable precautions to keep your personal information secure.
8.2 We will use any personal information you provide us for the purpose of fulfilling your order, for market research and for statistical analysis. We may share this information with our service providers and agents for this purpose.
8.3 We would also like to contact you by telephone, email or fax to notify you of products and offers that may be of interest to you from time to time. We will ask you whether you consent to receiving such information from us at the time that you provide us with your personal information.
8.4 We do not sell, rent or transfer your personal information to third parties for their marketing purposes.
8.5 You have a right to ask for a copy of your information (for which we may charge a small fee) and to correct any inaccuracies in your data.
9. Making a complaint
9.1 We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at email@example.com We endeavour to respond to all complaints within 14 working days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
10. Intellectual property
10.1 All rights, including copyright, trademarks, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these terms and conditions confers on you any licence or right under any of our trademarks, names or logos or those of any third party.
10.2 We reserve the right to issue legal proceedings against any persons who copy any text, photographs, images, graphics, logos, button icons, trademarks or any part of this web site. The content of our website is and remains the property of Candy Cakes Ltd.
11. Written Communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
11.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 All notices given by you to us should be given to us by post at 40 Margaret Street, London, W1G 0JH. or by email at firstname.lastname@example.org.
12.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12 above.
12.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.1 If any of these terms and conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permissible by law.
13.2 These terms and conditions will be governed by English law and the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute which may arise between us.
13.3 We will try to resolve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so in England.
The http://www.candycakes.eu website is operated by the Candy Cakes LTD of 40 Margaret Street, London, W1G 0JH.
If you have any queries please contact us on +44(0) 207 636 7558