Purpose of Use
The cake-stuff.com web site is designed as an introduction to some of the products and services offered by Cake Stuff Ltd (hereafter referred to as “The Company”).
Copyright
Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with The Company or using this web site as a shopping resource. Any other use of materials on this web site including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of The Company is strictly prohibited. All designs shown on the web site are protected by international copyright and ownership in the design lies with the designers and/.or manufacturer of the particular design in question. It is an offence to copy any of these designs and the owners reserve the right to use both the criminal and civil law to protect their rights. Most designs shown are owned by members of ACID (Anti Copying In Design) who actively prosecute anyone illegally copying members’ designs. For the avoidance of doubt, Scots law applies at all times.
Trademarks
Product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners. Their use is protected by international copyright law.
Conditions of Web Site Use Disclaimer
To the fullest extent permitted by Law, Cake Stuff Ltd is providing this web site and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this web site including, without limitation, warranties of merchantability and fitness for a particular purpose, colour representation, design/item availability, timescale, compliance with legislation outside the EU. In addition, the wire free world does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price, design and availability information is subject to change without notice. Except as specifically stated on this web site, to the fullest extent permitted at law, neither The Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, The Company does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of The Company, its affiliates, directors, employees or other representatives.
Colours / Designs
Colours and designs shown on the web site are representative only and The Company offers no guarantee of precise colour or design match, due to the limitations of photography and conditions outwith The Company’s control such as reproduction of images on The Customer’s PC. Manufacturing variations in colour, design, material, length, width and presentation are to be expected although the Company guarantees that no such variations will affect the quality of the product nor shall any variation in length or width contravene the Sale of Goods Act. In particular, the colours/shades of sugarpaste, paste colourings, dust colourings, icing colouring pens and all other products designed to colour sugarpaste or marzipan are not guaranteed to the international nature of manufacture and the effect which environment, temperature and humidity have on such products. The Company also points out that different brands of white sugarpaste icing contain varying amounts of blue colouring in order to obtain the whiteness – adding an icing colouring to white sugarpaste will produce different results depending on the brand of sugarpaste.
Dimensions / Weights / Volumes
All dimensions, weights and volumes stated are approximate and as are accurate as required by UK and EU legislation. The Company advises customers to allow a small variation in dimension / weight / volume when ordering as suggested by common usage and sense.
Food Safety
All goods are stored and handled in a professional, hygienic environment at all times. The Company meets and strives to exceed all Local Authority Environment Health standards, EU Regulations and UK legislation covering the handling and labelling of edible products. Once any edible product leaves The Company’s premises, The Company cannot control conditions which could affect hygiene, safety or quality and, therefore, The Company will not accept the return of any edible item unless it was supplied incorrectly or is faulty. Put simply: when a customer purchases any edible product from The Company, they can be assured it is brand new and has never previously left The Company’s premises.
Labelling
All goods meet the latest Local Authority Environment Health standards, EU Regulations and UK legislation covering the handling and labelling of edible products. These rules may differ in other countries and The Company is happy to provide detailed ingredients listings in advance of ordering, on request.
Prices
The Company reserves the right to change prices without notice and especially for non-UK customers, where a currency conversion is required. International exchange rates vary on a daily basis and the price charged may vary slightly from the price advertised due to PayPal, Nochex and Zen-Cart software offering different exchange rate calculations. For example: a non-UK customer paying by PayPal accepts PayPal’s exchange rate as part of the terms and conditions of using PayPal. This exchange rate may be slightly different from that used to calculate the advertised product price.
VAT
All prices include VAT where applicable. Edible supplies, books and postage are normally free of VAT. There is no reduction in price for orders from outwith the UK as the value of the VAT included goes towards the costs of offering and administrating free worldwide shipping. For larger trade orders a VAT receipt can be supplied on request. For larger non-UK orders, a special VAT-free purchase may be possible but must be arranged with The Company in advance.
Delivery Times
The Company shall strive to deliver all in-stock items within a maximum of 14 business days of receiving cleared payment and, in most cases, will strive to ship the order within 3-5 business days. However, The Company is bound by Distance Selling Regulations and, as such, is obliged to state that it reserves the right to deliver within a 28-day period. The company stresses that this is a legal requirement and that, in almost all cases, orders are shipped within 7 business days. Faster shipping options may be available at checkout depending on order weight.
The Company strives to deliver all "Best Rate Shipping" orders within 14 working days and "Express Shipping" orders within 7 working days.
By placing an order, The Customer accepts these timescales and special comments/requests re faster delivery added to the order form are not considered part of the Contract of Sale.
Availability
The products shown on this web site are also sold by The Company through a physical showroom, by mail-order and by other on-line media. Stock availability shown on the web site cannot be guaranteed and The Company reserves the right to cancel any orders where delivery cannot be fulfilled within 14 days and/or new stock is not expected to arrive right away.
Back Orders
Although rare, an item(s) may become out-of-stock, in which case The Company reserves the right to ship all available parts of the order and, at its sole discretion, to ship the balance or refund the balance to The Customer. The Company will attempt to notify The Customer and offer The Customer the option of a back-order or refund. The Customer is asked to note that orders are not accepted upon a “conditional” basis - The Company has the right to ship whichever parts of an order are available without The Customer having the right to cancel the rest of the order. The shipping costs of any back order(s) will be covered by The Company.
Shipping Costs
The software used for this website uses a pre-defined system of calculating shipping costs based on product weight and delivery destination. No system can be totally accurate and The Company endeavours to be as fair and equitable as possible when charging for shipping.
Within the UK, orders of up to 1.5kg (packed) can normally be shipped by Royal Mail; orders over 1.5kg are normally shipped by carrier. The Company can deliver any order up to 20kg (packed) to any UK mainland address for the same flat rate.
Customers in Northern Ireland, on Scottish Islands, the Isle of Man, the Channel Islands or with a BFPO address should choose Royal Mail options only at checkout or contact The Company for an amended invoice as carrier delivery is not available to these areas.
Outwith the UK customers of up to 2kg (packed) can normally be shipped by Royal Mail International Air Mail (if box is within dimension restrictions); orders over 2kg are normally split and sent as separate packages. The Company can also quote for delivery by International Datapost or FedEx for larger international orders.
Shipping Terms & Conditions
The Company “ships on behalf of the Customer”. The Company offers worldwide shipping on all orders except on products prohibited by size (cake stands too large for Air Mail), weight (over 2kg too heavy for Air Mail), safety (aerosols not permitted for Air Mail), licensing (some character cake tins/decorations etc not allowed in certain countries) among others, but the contract for delivery rests between The Customer and Royal Mail or the shipping company chosen by The Customer.
The Company is bound by all relevant UK legislation including, but not limited to, the Sale of Goods Act and Distance Selling Regulations but emphasizes that The Company is not liable for any loss or damage to orders in shipping. Should an order be lost or damaged, The Company will provide details for The Customer to claim against the shipping company. The Company offers upgraded shipping options and highly recommends these as they offer on-line tracking facilities.
Non-UK customers are reminded that Air Mail does not offer an on-line tracking facility and that Royal Mail requires 21 working days before they will consider an item lost. The Company recommends the use of International Signed For© to countries where this service is available. In all cases the Terms and Conditions of Royal Mail or the appropriate shipping company apply.
Where The Customer places a special instruction in the instruction box when paying and this instruction is deemed a qualification of The Company's Terms & Conditions, The Company hs the right in law to ignore this instruction where it appears The Customer is attempting to add a new condition to the contract.
Instructions to leave parcels unsigned for and unattended cannot normally be honoured as the carriers require a signature on delivery. Where The Company agrees to pass such an instruction to the carriers, The Customer accepts full responsibility for the safety of the order and for delivery. For the avoidance of doubt: where The Customer requests an order is left somewhere (for example"leave in garage") and later claims non-delivery of the order, The Company will not be liable for non-delivery if it can prove delivery was attempted / made following this instruction.
Returns
The Company will accept returns of most items* up to 14 days after date of order in line with the Distance Selling Regulations and other statutory obligations. Please contact The Company direct within 7 days of ordering to arrange returns. Items returned without prior authorisation cannot be processed for refund. *edible goods, personalized/customized goods, cut ribbon and items designed and approved for coming into contact with foodstuffs (e.g. cake boards) and specially ordered items are exempt from the returns policy. In the case of sugarcraft items this is for food safety and hygiene considerations and in the case of customized / personalized items it is simply because the goods may not be of any use to another customer.
If goods are supplied incorrectly or are faulty, The Company will accept returns and will replace or refund as the customer prefers, reimbursing the customer any reasonable return P&P costs. In this instance “reasonable” is deemed to be as using the same or comparable service as used for shipping the original order. The customer is responsible for the safe return of the item(s). Where the goods are correct but the customer changes his/her mind, The Company will only accept return of goods which remain in original packaging and which arrive at The Company’s offices in “as new” re-saleable condition. Once the item has been received The Company will refund the value of the goods. Shipping and packing costs are not refundable.
For the avoidance of doubt The Company will not sell second hand edible goods of any description, even if packaging is intact. The Company, therefore, cannot accept the return of any edible item unless it was supplied incorrectly or is faulty.
Timescale is entirely the responsibility of the customer. The Company offers a range of shipping options and ensuring sufficient time for the order to arrive and to be replaced if necessary is solely the responsibility of the customer.
