- THESE TERMS
1.1. What these terms cover. These are the Terms and Conditions on which We supply products to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who We are, how we will provide products to you, how you and We may change or end the contract and what to do if there is a problem. If you think that there is a mistake in these terms please contact us.
1.3. Changes to these terms. We may change these terms from time to time to comply with changes in the law, to take account of new ordering or payment processes, or new products we may offer. Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply to your order.
- ABOUT US
2.1. Who We are. We are Print Cakes Ltd, a limited company registered with Companies House, Company number: 11287745, established in the North East of England. Our address is 34 Joan Avenue, Sunderland, SR2 9TA.
2.2. How to contact us. You can contact us at 0191 567 3403 or in writing by email at email@example.com.
2.3. How we may contact you. We ask that you provide contact details when making an order, including a telephone number and an email address so we can get in touch with any issues or queries.
3.1. Large Orders. A large order is an order exceeding 500 cakes. This refers to the quantity in one single order.
3.2. Working Days. This includes the day the order is placed but does not include weekends or bank holidays.
3.3. Bank Holidays. We do not deliver on bank holidays. We understand that certain places we deliver to will have different bank holidays, therefore please contact us if you are unsure whether your delivery date will be affected.
- OUR CONTRACT WITH YOU
4.1. How We will accept your order. Our acceptance of your order will take place when you receive an email accepting your order (Order Confirmation).
4.2. If We cannot accept your order. If We are unable to fulfil your order due to unforeseeable circumstances, We will inform you of this and you will not be charged or you will receive a full refund if payment has already been made.
4.3. Your order number. We will assign an order number to your order and inform you in your Order Confirmation when We have accepted it. It will help Us if you can tell Us the order number if you contact Us about your order.
5.1. Products may vary from their pictures. The images of the products on our website are for illustrative purposes only. We try to display the colours, sizes and shapes of the cakes accurately but cannot guarantee that your product will look identical to those images.
5.2. The final product may vary. When you supply us with images We will attempt to replicate the image provided by you as accurately as possible. However, due to the nature of printing edible items we cannot guarantee that colours and images will be reproduced exactly. For example, there may be variations in colour. We request that any images sent to Us are of the highest quality.
5.3. Allergens. We try to accurately display allergen warning and information on our cakes, however We cannot guarantee they will be free from cross contamination as all cakes are made in the same kitchen. If you have any questions regarding allergens please contact us.
5.4. Contact us. If you have any queries regarding the design of your cakes, or need a more accurate colour match for your cakes, please contact Us.
6.1. Notice. We require a minimum of 48 hours’ notice when placing an order. Large Orders should be placed 14 Working Days in advance.
6.2. Charge. Your card will be charged when you place your order.
6.3. Method. Large Orders are only payable over the phone or by invoice, We will then confirm the order by email to the email address you provided. All other orders are payable online, by the phone, or by invoice.
6.4. When you must pay. You must pay for your order before We dispatch the products. If We have not received the payment then We have the right to suspend all deliveries until payment is received. We will contact you informing you of this suspension.
6.5. When funds will leave your bank. The timeframe it takes for payment to leave your bank account will depend on your issuing bank.
6.6. Contract. Acceptance by us of any payment made by you in connection with any products does not constitute our acceptance of your order and a legally binding contract is not formed until you receive your Order Confirmation as referred to in Clause 4.1. This is also applicable to orders made over the telephone.
6.7. Deposit. If you are placing a Large Order you may be asked to provide a deposit of 15% of the purchase price excluding delivery costs. As soon as We have received your payment We will issue you a full refund of the deposit. In the event that your payment is withdrawn, this deposit will be non-refundable.
7.1. Minimum order. The minimum order for delivery is one box of 6 cupcakes.
7.2. Cost. The cost of delivery is dependent on the weight of your order. The price of delivery will be shown before you have completed your order. We reserve the right to change the cost of delivery, you will be notified of any changes. Please see below for the cost of delivery per weight of the goods.
|Shipping weight||Shipping price|
|0.0kg – 1.2kg||£2.95|
|1.3kg – 2.2kg||£3.95|
|2.3kg – 3.5kg||£8.95|
|3.6kg – 4.0kg||£9.95|
|4.1kg – 5.2kg||£10.95|
|5.3kg – 10.2kg||£14.95|
|10.3kg – 15.0kg||£19.95|
|15.1kg – 20.0kg||£29.95|
|20.1kg – 30.0kg||£34.95|
|30.1kg – 45.0kg||£39.95|
7.3. Where we deliver. We deliver to any postcode in the United Kingdom. The locations listed below are classed as remote and may attract additional delivery charges. Delivery to these locations may take an extra 24 hours and we have the right to refuse or cancel an order to these locations. Please see a full list of these postcodes here.
- Northern Ireland
- Channel Islands
- Isle of Mann
- Scilly Islands
- Scottish Islands and Highlands
7.4. When to expect your delivery. Deliveries will be attempted on the date specified in your Order Confirmation. Delivery on the date and time specified is intended to be an estimate and is not guaranteed. Please note we do not deliver on Sundays, Mondays or Bank Holidays.
7.4.1. The delivery date is confirmed when you order. Earlier deliveries and weekend deliveries may be arranged for an additional charges. Contact Us if you require any further information.
7.5. Our liability. Once the order has been transferred to the courier We have no control over the delivery process, including any damage occurring in transit or late deliveries.
7.5.1 If there is a delay in delivering your order We may be able to track it with the courier. We can only contact couriers between 9:00 and 17:00 Monday to Friday, excluding bank holidays.
7.5.2 If an item is lost in transit We must be notified within 48 hours of the expected delivery date set out in your Order Confirmation. We may be able to refund your order up to a maximum paid by you if the cakes cannot be traced and are confirmed lost by the couriers.
7.6. When you become responsible for the goods. The goods will be your responsibility from the time we deliver your order to the address you gave us.
7.7. Information we need from you. You are required to provide full details for the delivery, including your name, your company’s name, the address and the postcode for delivery. We also ask that you provide a contact telephone number so we can get in touch regarding any issues with your order.
7.8. If our courier delivers you products in accordance with your instructions (whether it is to a safe place, or to a neighbour, or otherwise) neither We nor they will be liable for any loss, theft or damage to the products following such delivery and any such instructions are given at your own risk. We are not liable for incorrect delivery if you provide an incorrect delivery address. It is your responsibility to arrange redelivery or collection in accordance with the courier’s instructions.
7.9. If you are unable to accept the delivery, you will be responsible for any additional charges for returning the goods.
- REFUNDS AND CANCELLATION
8.1. Tell us you want to end the contract. If you have changed your mind and would like to end the contact with Us, please let us know by contacting Us on 0191 567 3403 or email Us at firstname.lastname@example.org. Please provide your name, home address, details of the order and your contact details and We will advise you on the status of your order.
8.1.1. Please note that once your cakes have been made and or the printed icing toppers have been produced you will not receive a full refund for your order in the event of a cancellation. This is because the goods are of a perishable nature and are made to order so cannot be resold. The printed toppers may be produced as soon as the order is accepted. If the toppers have already been produced the retail price of the toppers will be deducted from your final refund.
8.2. Refund. If there is a problem with the product, please provide us with pictures and a description of the problem to email@example.com within 48 hours of receiving your goods. We may be able to remake your product or give you a full or partial refund.
8.3. When you will get your refund. Please allow up to five working days for us to process your refund, this will be from the point at which your refund is confirmed.
8.4. How to tell us about problems. If you have any questions or complaints about your order, please contact us on 0191 567 3403 or write to us at firstname.lastname@example.org.
- INTELLECTUAL PROPERTY AND CONTENT
9.1. Images. You must only supply Us with images for which you own copyright or trademark, or which you are authorised to supply to Us by the owner. When you place an order, you confirm that none of the images you supply contain anything that would infringe any copyright, trademark, design right or other intellectual property right of any third party.
9.2. By supplying Us with an image, you agree to grant PrintCakes a non-exclusive licence to use that image. Although you will still own the rights, We will have the right to freely use, edit, alter, reproduce or publish and distribute that image. This licence will be free of charge, permanent and capable of sub-licence. PrintCakes may exercise all copyright and publicity rights of the image, to their full extent and for the full period for which any rights exist in that image. If you are not in a position to grant such a licence, please do not supply Us with the image. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Us using the images you supply.
9.3. If you are providing corporate logos or trademarked images it is your responsibility to ensure that any material supplied in any medium is not infringing any relevant intellectual property law.
9.4. Refusal. You must not supply Us any images or any other material, or any content within such images, which contain any threatening, defamatory or blasphemous material, or are racially offensive or abusive of any religion, or likely to incite hatred against any person or group, or are otherwise criminal or offensive in the minds of reasonable people, or are obscene or menacing or harassing in any way, or breach any applicable law.
- DATA PROTECTION
- OUR RESPONSIBILITY FOR LOSS OR DAMAGED SUFFERED BY YOU IF YOU ARE A BUSINESS
11.1. If you a business. If you are a business customer these terms constitute the entire agreement between us in relation to your order. You acknowledge that you have not relied on any statement, promise, representation or warranty made which is not set out in these terms. You will have no claim for innocent or negligent misrepresentation based on any statement in these terms.
11.2. Nothing in these terms shall limit or exclude Our liability for:
11.2.1. death or personal injury caused by our negligence;
11.2.2 .fraud or fraudulent misrepresentation;
11.2.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.3. Subject to Clause 11.2 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between Us and you.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOUR IF YOU ARE A CONSUMER
12.1. If you are a consumer. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession.
12.2. We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
12.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.4. If you are a consumer We only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose Our liability to you will be limited as set out in Clause 11.
12.5. As a consumer you will have legal rights (including statutory remedies) in relation to products that are faulty. Advice about your legal rights (and statutory remedies) is available from your local Citizens’ Advice Bureau or trading standards office.
- FORCE MAJEURE
Neither party shall be in breach of the contract nor liable for delay in performing or failing to perform, any of its obligations under the contract if such delay or failure results from events, circumstances or causes beyond reasonable control.
14.1. Governing law. These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
14.2. Jurisdiction. Each party irrevocably agrees that the courts of England and Wale shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation.