Please read these terms and conditions. They will apply to any order you make for goods from Candy Cakes Retail LTD. You understand that by ordering any goods either online, by phone or email, 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 Retail LTD ("we", "us" or "our"). We are registered in England and Wales under No. 07058244 and CANDY CAKES RETAIL LIMITED whose registered office address is:
205 Crescent Road
Hertfordshire, EN4 8SB
Our VAT number is 123953221 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) 020 7499 1172. 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 terms 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) 020 7499 1172 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 (see 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 Retail 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)20 7499 1172 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)20 7499 1172or 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.
6.5 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.
6.6 Since taste is a very personal matter and subjective we cannot accept the return or refund of any Products merely because you do not like the taste.