PURPOSE OF USE
The cake-stuff.com web site is designed to present the products and services offered by Cake Stuff Ltd (hereafter referred to as “The Company”) for the purposes of sale and ecommerce. The web site remains the sole property of The Company and use of the site is governed by these Terms and Conditions.
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 products 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 product 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. For the avoidance of doubt, Scots law applies at all times.
Product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners. "Cake Stuff", the Cake Stuff logo (both with and without text), "Helping You Bake It Better" strap line are all registered trade marks and the intellectual property of The Company. 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.
MINIMUM AGE FOR ORDERING
The Company will not intentionally supply anyone under the age of 18 due to regulations covering various products sold. Products containing alcohol and solvents are sold by The Company, as are knives. By proceeding to order from The Company, The Customer is confirming they are at least 18 years of age.
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 due to the international nature of manufacture and the effect which environment, temperature and humidity have on such products. The Company 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 are as 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.
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 been returned by another customer.
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. The Company strives to provide as much detailed product information as possible but can, however, only provide information supplied by the manufacturer and cannot provide additional information such as suitability for Kosher, Halal, food allergies, the presence of animal fats within certain ingredients and suchlike unless already specifically stated on the product page.
The company does not regard products sold as "gift items" (apart from those specifically sold within the GIFTS section of the website) - that is to say that The Company's policy is to regard retail packaging as protection for the product and not, in itself, part of the product. Should a product arrive with the retail packaging marked / torn / dented / scratched etc then this does not mean the product is not of merchantable quality, but purely shows that the packaging has done its job in protecting the product, and that The Company will not regard the product as not being of merchantable quality. In other words - the packaging is not part of the product so damaged packaging is not the same as damaged product, therefore the product cannot be considered as not being of merchantable quality, as defined by the Sale of Goods Act.
The Company endeavours to use recycled material and compostable packaging materials wherever possible but the priority is to protect the products, so reserves the right to use whatever type, style and quantity of packaging The Company feel appropriate for any particular order.
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, SagePay, Nochex and other website 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.
The price advertised is the "selling price". The Company will honour all selling prices even where an error has occurred in The Customer's favour except in circumstances where a technical fault on either The Company's website, SagePay, PayPal, any other card / bank payment platform or The Customer's own computer / tablet / phone causes the price to display incorrectly at checkout (eg the advertised price is correct but displays at checkout as zero). In such circumstances, The Company shall endeavour to contact The Customer to arrange for them to pay the balance, or will cancel that item from the order.
All prices include VAT (Value Added Tax) where applicable, at the current UK rate. Most edible supplies and books are normally free of VAT. There is no reduction in price for orders from parts of the UK where VAT is normally not payable - such as the Channel Islands, nor can VAT be removed from order totals for business customers within the EU. The Company will provide a full VAT invoice with every order, which enables business customers to reclaim VAT within their own country. The Company reserves the right to amend all prices throughout the website should the UK rate of VAT change and/or should VAT rules change regarding which goods are applicable for VAT.
The website offers a facility for The Customer to view prices in a range of currencies. This currency conversion is based on rates shown on XE.com at that point in time and may differ from official exchange rates or PayPal exchange rates. Because of differing bank, credit card and PayPal exchange rates the actual total charged to The Customer in their own currency may differ from the total shown on The Company's website, but the total price in Sterling (£GB) will be exactly as advertised.
Non-UK customers using other currencies to pay must be aware that differences in exchange rates between various banks, credit card companies and PayPal could lead to a situation where, if an order has to be cancelled and refunded, The Customer receives a slightly different amount in refund than the amount they originally paid - the amounts will be identical in Sterling (£GB) but The Company cannot be responsible for fluctuations in the international exchange rates or for charges levies by The Customer's bank, credit card company or PayPal.
ADDING ITEMS TO, OR CHANGING, YOUR ORDER
Unfortunately, it is not normally possible for an order to be added to, or changed, once once payment has been processed. In order to ship orders quickly and correctly the system has to be highly automated and although The Company has tried many times to accommodate customers wishing to add items or change their order, this inevitably leads to delays and other problems. The moment the order is paid, it is printed out into the warehouse and joins the queue of orders being processed - it is often not physically possible to retrieve this order, make the changes requested, process additional payments, print a new order form and then return this to the warehouse within a reasonable timescale which would avoid delays - again, simply due to the high volume of orders in the system. The Company are always happy to try and help but ask that The Customer understands why such changes may not always be possible.
The Company shall strive to deliver all in-stock items within a maximum of 1 week to UK mainland customers - the vast majority arriving within 3-4 working days at most. The Company shall strive to deliver all in-stock items within a maximum of 2 weeks to all UK non-mainland customers - the vast majority still arriving within 1 week. However, The Company is bound by Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) 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 delivered well within 7 business days. Faster shipping options may be available at checkout depending on order weight and The Customer's location.
Notwithstanding, The Company strives to deliver all Standard Delivery orders within 3-4 working days (except special order items) and all Express Delivery orders placed before 2pm the next working day - assuming UK mainland delivery addresses. The Company shall strive to deliver all in-stock items to international customers within the advisory timescales supplied by Royal Mail. Timescales vary from country to country but, in general, most orders within the EU arrive within 7 – 10 business days; most orders to Italy and Eastern Europe arrive within 7-14 business days, most orders to other countries arrive within 10-14 business days but it should be noted that Royal Mail only quote delivery to “point of entry” into another country. Neither The Company nor Royal Mail has any control over customs clearance time or the final part of delivery which is handled by the domestic postal service within the country.
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.
The products shown on this web site are also sold by The Company through other on-line media. Stock availability shown on the web site is subject to customer returns, supplier availability and, as such, cannot be guaranteed. Stock availability cannot be confirmed prior to checkout as more than one customer may have the same product in their online shopping bag – it is only at the point of checking out the order that the web site can adjust stock levels. 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.
Although rare, an item(s) may become out-of-stock for a short period, in which case The Company reserves the right to ship all available parts of the order and, at its sole discretion, to ship or refund the balance to The Customer. 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.
The website uses a 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 mainland small, lightweight orders can normally be shipped by Royal Mail; larger, heavier orders are normally shipped by courier. The Company can deliver any order up to 20kg (packed) to any UK mainland address for the same flat rate. Delivery costs for orders over 20kg are automatically calculated by additional weight.
Customers in Northern Ireland, on Scottish Islands, the Isle of Man, the Channel Islands, the Isle of Wight, other UK offshore islands or with a BFPO address will be offered Royal Mail options as well as courier options at checkout. Courier delivery to these areas includes a non-mainland / islands surcharge as is standard. For heavier orders, Royal Mail options may be based on sending multiple parcels. The Company reserves the right to ship all orders in the number of parcels which best offer protection to the goods in that particular order.
Outside the UK, orders 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 may also be able to offer courier delivery options to customers in some EU member countries.
Due to the current political situation, following advice from HM Government, we cannot deliver to Russia at the present time.
SHIPPING TERMS & CONDITIONS
The Company “ships on behalf of the Customer”. The Company is bound by all relevant UK legislation including, but not limited to, the Sale of Goods Act, Distance Selling Regulations and the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations but The Company emphasizes that it is not liable for any loss or damage or consequential loss to orders in shipping beyond the original value of the order.
The Company offers worldwide shipping on all orders except on products prohibited by size, weight (eg 2kg limit for Air Mail), safety (eg aerosols not permitted on aircraft), 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. Non-UK customers are reminded that Royal Mail International Air Mail does not offer an on-line tracking facility and that Royal Mail requires 21 working days before they will consider an item late or lost. The Company recommends the use of International Signed© to countries where this service is available. In all cases the Terms and Conditions of Royal Mail or the appropriate shipping company apply. In relation to orders where the final destination is not the UK, The Company’s liability is limited by the Warsaw Convention and the Montreal Convention – both of which limit the liability of the carrier in respect of loss, damage or delay.
Delivery is normally during the business hours 0800 - 1800, although both Royal Mail and carrier deliveries can commence from early morning. The Company offers The Customer the opportunity to specify a different delivery address from The Customer’s (billing) address. Where this alternative delivery address is that of a friend, relation or neighbour The Company respectfully points out that The Customer remains solely responsible for ensuring safe delivery of all items and in good condition. The recipient at the delivery is acting on behalf of The Customer so, for example, if this person signs for 3 boxes in good condition then The Customer cannot later claim only 2 boxes were delivered.
Where The Customer places a special instruction in the message box at checkout, and where this instruction is deemed a qualification of The Company's Terms & Conditions, The Company has the right in law to ignore this instruction where it appears that The Customer is attempting to qualify an existing condition, or add a new condition to the contract.
The Carriers require a signature on delivery for all orders. Where the carriers agree to leave the order unsigned for and unattended, 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 or part of the order, or damage to the order or part of the order, The Company will not be liable for if it can prove delivery was attempted / made following this instruction.
The Company will not pass on delivery instructions to the carriers which involve discretionary decisions which would be required to be made by the delivery driver, or vague instructions; for example, instructions which include comments like “leave outside if not raining” or “leave somewhere safe”. For the avoidance of doubt, in all cases where The Customer has given instructions for the order to be left unsigned for and unattended, delivery shall be considered successful and complete when the carriers follow out the said instructions. Subsequent loss or damage to the order or any part thereof is not the responsibility of the carrier or The Company. The Customer is solely responsible for ensuring the designated delivery address is “safe”, including (but not limited to) that it is secure from possible theft, damage by domestic or wild animals, or ingress of water.
FAILED DELIVERY ATTEMPTS & RE-DELIVERY CHARGES
If The Customer is not available to accept delivery of the order, the carriers will leave a card to advise that a delivery attempt has been made. The Customer should contact the carriers at the number shown on the card right away to arrange re-delivery. Failure to contact the carriers within 48 hours maximum from the original delivery attempt could result in the carriers returning the order to The Company. The automated email sent by The Company to The Customer to confirm that the order has been shipped also includes tracking information such as a consignment number, plus the contact telephone number and website details for the carriers.
After the order has been returned to The Company, a charge has to be made to have it re-sent to The Customer. In most cases the re-delivery charge is the same as the original delivery charge on The Customer’s order, before any discount was applied. Cancelling the order at this stage will not result in the refund of the original delivery costs to The Company and these will be deducted from any refund.
A similar system applies of delivery by Royal Mail, although experience shows that cards are often not left to advise customers of an attempted delivery. The Company advises The Customer to phone their local Royal Mail Delivery Office in such instances, as this is where 90% of all non-delivered mail is held. The Customer should contact Royal Mail immediately as, although mail may be held for up to 7 days before being returned to sender, Signed For and 1st class mail can be returned sooner than 7 days. The Company stresses that The Customer should call the Delivery Office – not simply check with the local Post Office.
The cake-stuff.com website automatically sends an email to The Customer on the day the order is shipped - thereby alerting The Customer to its imminent arrival within 48 hours at most (UK mainland). The Company’s website may also generate an automated email giving The Customer additional tracking information for the order although because of spam filters and other factors outwith the Company’s control, this is offered as an additional service and, as such, any failure to receive the email does not constitute a breach of the contract. Should the expected delivery date pass without delivery being made or a card having been received from the carriers, The Customer should contact The Company as a matter of urgency so that The Company may endeavour to trace the order before it is returned to The Company by the carriers.
The cake-stuff.com website operates in such a way that The Customer should know when to expect delivery and should contact The Company right away if this delivery timescale has not been met. Where the carriers have attempted delivery and have recorded that a card was left for The Customer, The Company can only rely on that information as being accurate. The Company cannot enter into any dispute arising out of whether or not a card was left by the carriers; all such concerns should be addressed to the carriers directly.
For full details of The Company’s Returns Policy please see the Delivery & Returns page. In summary . . .
DAMAGED, FAULTY & INCORRECT ITEMS
Under the Sale of Goods Act, Cake Stuff are happy to replace any damaged, faulty or incorrectly supplied item right away; or refund that item if you prefer. The item may need to be returned to us so that we can identify the root problem and return faulty items to the manufacturer. Where this is necessary, Cake Stuff will reimburse your reasonable return postage costs up to correctly calculated 1st class post if arranged with us in advance. Where franked postage is incorrect (eg small parcel rate instead of large letter) we will reimburse the value of the correct postage costs. Items returned without first arranging with us are done so at your own risk and cost. In some cases it may not be safe or possible to send a replacement (eg outsized cake boards / boxes would almost certainly not arrive intact if posted on their own) so we would refund in full for the incorrect item
CHANGING YOUR MIND
If you change your mind about an item (if it was not what you expected) then under the Distance Selling Regulations and, from 13th June 2014, the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013, Cake Stuff are happy to credit your Cake Stuff account (e-wallet) you on return of the item, providing it is new (unused), complete in all original packaging and that doing so allows us to stay within our Food Safety Policy. Retail customers can opt for the amount to be refunded using the original payment method if preferred. You must contact us within 7 days of receipt and return the item within 14 days. In these circumstances, return postage costs are payable by the customer. Edible, food-contact, customized or personalized items, cut ribbon and items specially ordered for the customer cannot be returned.
Please note that if you return an item for refund and this brings your order total below £75 (below £100 for Trade Customers) then where free or discounted delivery has been applied, the original delivery charge will be payable. The cost of delivery will be deducted from the value of any refund so in some cases this may mean that (when you include return postage costs) it may not seem worth returning an item so please speak to us first so that we can help. Please remember this only applies to items being returned under the Distance Selling Regulations/ the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
Please note Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations do not cover business-to-business transactions (ie trade customers).