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| Terms and Conditions - allcakes.co.uk |
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Terms and Conditions Use of site Your use of this website is subject to the Terms and Conditions of All Cakes by Patricia Hill. Before continuing to use this site, please read the information detailed below. Nothing in these conditions affects the statutory rights of the consumer. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. We will endeavour to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, the nature of the Internet means this cannot be guaranteed. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to minimise any such suspension or restriction. We reserve the right to make changes to our website and these terms and conditions at any time. You will be subject to the terms and conditions in force at the time that you use the website or that you order goods from us, unless any change to those terms and conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. We provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. Please carefully review their privacy statements and other conditions of use. Orders To order online, please click on the items that you wish to buy and add them to the shopping cart. After you have finished selecting items, click on “checkout” and you will be asked for the information we require to fulfil your order. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "confirm order" button on the check out page. All orders made by you through the website are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. We reserve the right to amend, reduce or reject any order. All goods and services are subject to availability. We reserve the right to make part deliveries and invoice accordingly. You must supply a landline telephone contact number for your order to be processed. For security reasons no goods will be sent to customers supplying only mobile telephone contact numbers. After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order. It does not constitute legal acceptance by us of your order. Acceptance of your order and the formation of a contract between us will take place when the goods you have ordered have been dispatched to you unless we have notified you that we do not accept your order or you have cancelled it prior to dispatch. All prices are in £ Sterling. Credit and debit card payment is welcome. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. If you are shopping from outside the UK your credit card company will charge you in your own currency. You will be responsible for any charges levied for currency conversion. When processing your order, the information provided will be subject to credit and fraud prevention checks. For these purposes we may transfer your information to trusted third parties. We use Worldpay (part of the Royal Bank of Scotland group) to accept Visa and Mastercard, Switch, Solo and Delta payments on our behalf. Credit card payment will not be debited to customers account until date of despatch. No goods are dispatched until full payment has been received. We reserve the right to amend prices or details of specification or delete items from the product list without notice. Prices charged for goods shall be those ruling at time of despatch and the right to withdraw any items in the range without prior notice is reserved. Customers will be notified at time of order if any prices have altered. Our products and prices are subject to change. Promotional terms only apply in the period stated for the promotion. Whilst we will try to ensure that prices on the website are accurate, we are not responsible for errors that may occur. If we discover any errors in the price of goods before we accept your order, we will notify you as soon as possible and give you the option to resubmit your order at the correct price or cancel the order. Order shortages or discrepancies must be reported to us within 3 days of receipt of goods. When ordering goods for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Exchanges and refunds The Distance Selling Directive (2000) applies to customers located in the European Union. Goods can only be exchanged with our prior agreement, if received back undamaged within 10 days of receipt. Please note we are unable to exchange or accept return of edible goods (including flower paste), opened or unopened, for hygiene reasons. We are unable to offer refunds if we have not been notified within this time period. Goods must be returned in their original packaging unused and in perfect condition. It is the customer's responsibility to ensure that the goods are adequately packaged in the event of any return. You should obtain a certificate of proof of posting if you are returning goods by Royal Mail. (We regret that a refund can only be provided for items received back by us in accordance with this clause). No returns will be accepted unless the original invoice number is quoted. Should you be sent an item incorrectly we will change it for the correct item. Please contact us and we will advise the appropriate method for return. If we are at fault your postage will be refunded in full. If you return items, we will process the returns, and you can expect a refund in the same form of payment originally used for purchase within 5 weeks of our receiving your returns. Please note this delay is necessary due to potential for chargeback by our payment processing company. Delivery Charges for delivery are not included in the stated product price. We endeavour to dispatch your order as quickly as possible. Goods are normally dispatched same or next day from stock and within 2 days where stock is being replenished. We do, however, reserve the right to dispatch orders in order of receipt in exceptionally busy periods. In the event that dispatch of orders is exceeding a 5 day timeframe, a notice will be posted on our website. If you receive goods damaged in transit, please advise us immediately upon receipt of order to enable us to pursue a claim on your behalf with the Post Office or carrier. Please ensure when signing for receipt of goods that you add “unchecked” against your signature. Do not accept your parcel from the carrier if it is damaged in any way. Postage, shipping and processing costs are subject to increase by the Post Office / carrier at any time. Therefore we reserve the right to amend these prices without notice. All Cakes by Patricia Hill will not be liable for any consequential loss caused by failure of the carrier to deliver. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses you might incur as a result of a delay in receiving your goods or subsequent delays that may result from delivery problems. When ordering goods which will be dispatched with Royal Mail you should allow up to 14 days for delivery within the UK. Goods sent by Royal Mail are dispatched first class but Royal Mail will not entertain claims for missing items until 14 days has elapsed from date of posting. Where a signature is required by the carrier to acknowledge receipt, this must be by an adult (aged 18 years or over). Risk of loss and damage of products pass to you on the date when the products are delivered or on the date of first attempted delivery by the carrier or postal service. Miscellaneous We reserve the right to withdraw any goods from the Website at any time. We will not be liable to you or anyone else for withdrawing any goods from the Website. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. The words 'Gold' and 'Silver' referred to in the product listing relate to the colour of the product only; it does not indicate the presence of precious metals. We reserve the right to pass on all costs of dishonoured cheques and legal action implemented to recover debt. If you are planning to use products for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. Age Restricted Goods If you wish to order goods which may only be purchased by persons of a certain age, you warrant that you are of the appropriate legal age to purchase the items. If we reasonably believe that you are not legally entitled to order certain goods, we reserve the right to cancel your order. Liability and Safe use of goods We advise caution in the use of non-edible items on cakes and other edible goods, and do not accept any liability for the inappropriate use of any products whatsoever. Our liability for any injury (other than death or personal injury), damage or loss, in particular consequential loss, arising from the use of any goods purchased via this website, or from the transaction itself, are hereby excluded. Any injury, damage or loss arising directly from the negligence of All Cakes by Patricia Hill or any of its agents will be limited to a refund of the value of the goods purchased, together with any delivery charges paid. We will not be held responsible where performance of any obligations to you is prevented, frustrated or impeded by any circumstance or caused beyond our reasonable control. This condition does not affect your statutory rights. We cannot accept liability for shortages in quantities delivered unless you notify us of any claim of short delivery of the goods within three working days of delivery. In such circumstances our liability shall be restricted to making good the shortfall. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. We will take all reasonable precautions to keep the details of your order and payment secure, e.g. by use of a recognised payment services provider, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver to be effective must be in writing and signed by an authorised representative of All Cakes by Patricia Hill. Electronic communications When you visit allcakes.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on our website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Security All personal details are handled in accordance with the Data Protection Act 1998 and our own Privacy Policy. Jurisdiction English law applies to this contract. By placing an order with All Cakes by Patricia Hill, all parties accept that any unresolved dispute will be settled in accordance with English law and in English courts. All correspondence will be undertaken by all parties in the English language. If any part of these terms and conditions is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected. We practice a policy of continual review and reserve the right to change the above terms and conditions at any time without notice. |
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