CUSTOMER TERMS AND CONDITIONS
Last updated: 8 February 2016
Please read these Terms carefully and make sure that you understand them before confirming your acceptance.
By accessing the Website and placing an Order through it, you are agreeing to be bound by these Terms.
We reserve the right to change the Terms from time to time by changing them on this page. We advise you to print a copy of these Terms for future reference.
1. About us
1.1 Who we are. We are Mums Bake Cakes Ltd (we, us), a company registered in England and Wales. Our company registration number is 09890451 and our registered office is at 16 Hollingworth Court, Turkey Mill, Ashford Road, Maidstone, Kent, England, ME14 5PP. Our registered VAT number is 232344145.
1.2 How to contact us. You can contact us by telephoning our customer service team at 0330 055 7057 or by emailing us at firstname.lastname@example.org.
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your Order.
2. About you
2.1 Who you are. By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old or, if you are ordering on behalf of a business, that you have authority to bind the business on whose behalf you are submitting the Order.
3. Our contract with you
3.1 The service we will provide. We will provide a service for you to place an Order with a baker (Baker) for a cake (Cake) on the Website (Service). As part of the Service we will process all payments relating to the Order and, where required, liaise with the Baker on your behalf in accordance with these Terms. We warrant that the Service will be provided by us using reasonable care and skill.
3.2 Accessing our Service. We provide access to the Service on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period.
3.3 Intellectual property rights. We own or are the licensee to the copyright and other intellectual property rights in the Service, including the Website and the materials (but excluding materials uploaded by the Baker, such as photographs and Cake descriptions) published on the Website.
4. Contract with the Baker
4.1 Your contract with the Baker. The legal contract for the sale of Cakes purchased via the Website (Contract of Sale) is between you and the Baker you place your Order with and such Contract of Sale shall comprise these Terms, the Confirmation Email (see clause 5.3) and the description given on the Website for the Cake that is the subject of the Order, and you agree to be bound by all such provisions.
4.2 Our role in the contract between you and the Baker. The Baker you place your Order with has instructed us as their agent to conclude the Contract of Sale with you and accept, refund and process all payments relating to the sale of their Cakes via the Website. For the avoidance of doubt we are not party to any Contract of Sale. We have no control over, and accept no responsibility for, the making or delivery of the Cakes, the information on the Website relating to the Cakes or the Bakers, or the actions or omissions of any Baker relating to the Contract of Sale.
5.1 Allergies. We have included information provided by the Bakers relating to the Cakes on the Website. We try to accurately display all the ingredients and allergens present in each Cake which has been provided to us on behalf of each Baker on the Website. However, if you have any concerns regarding allergens please contact us before you place your Order and we will forward your query to the relevant Baker and get back to you on their behalf as soon as possible.
5.2 Making an Order. Once you have selected the Cake you wish to order from your chosen Baker and provided all requested information, you may submit your Order by clicking the ‘place my order’ button.
5.3 How We will process your Order. Once we have received your Order, we will submit it to your chosen Baker and you will receive an order confirmation email to confirm that your Order has been received and is being processed. Unless otherwise stated, your Order must allow at least 2 clear working days (not including bank holidays) for the Baker to bake your Cake (this means that if you want the Cake to be delivered on a Friday, you must submit your Order on Tuesday allowing the Baker Wednesday and Thursday to bake).
5.4 If the Baker cannot fulfil your Order. If the Baker cannot fulfil your Order, we will inform you of this by email and will not charge you for the Cake. This might be because of unexpected limits on the Baker’s resources, because they have identified an error in the price or description of the Cake or because the Baker is unable to meet a delivery deadline you have specified. We encourage all our Bakers to notify us promptly if they are unable to fulfil an Order.
5.5 Your Order number. If the Baker accepts your Order, we will assign an order number to your Order and tell you what it is when the Baker accepts your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
5.6 Amending or cancelling an Order. Once you have submitted your Order, you will not be entitled to cancel or amend your Order or to a refund of the price you have paid. However, should you wish to amend or cancel your Order you may contact us on email@example.com or 0330 0557057 and we will attempt to contact the Baker on your behalf with the request. However, we offer no guarantee that we will be able to reach the Baker or that they will accept such request.
6. Images and logos
6.1 Images and logos. If you provide an image and/or a logo to a Baker to use on a Cake, you must own the intellectual property rights in that image and/or logo or you must have all necessary permissions to use the image and/or logo on the Cake. Your Order may be refused by the Baker if there is any concern that the use of any image and/or logo might infringe the intellectual property rights of a third party. You shall indemnify and hold us and the Baker harmless against any and all damages, liabilities, costs, expenses and/or losses arising out of or relating to any breach of this clause 6.1 in relation to any claim or action that the use of any images and/or logos provided by you infringes a third party’s intellectual property rights.
7.1 Delivery. Neither we nor the Baker can guarantee that an Order will be delivered on the delivery date/within the time you have selected but the Baker will do their best to ensure that the Order is delivered on time. Neither we nor the Baker can accept any responsibility or liability arising from a late delivery of a Cake.
7.2 If you are not at home when the Cake is delivered. If no one is available at the delivery address to take delivery, the Baker will leave the person you have instructed them to deliver the Cake to (the Recipient) a note about how to rearrange delivery or collection (if suitable). The Baker will only hold a Cake until the end of its shelf life before disposing of it. If a Baker disposes of a Cake because it has passed its shelf life, or the Baker has otherwise been unable to deliver the Cake to you in accordance with this clause 7, you will not be entitled to a refund.
7.3 If delivery details provided are incorrect. Neither we nor the Baker shall be liable for any delay or failure in delivery of the Cakes that is caused by your failure to provide the Baker with adequate delivery instructions or any other instructions that are relevant to the supply of the Cakes.
8. Price and payment
8.1 Where to find the price for the cake. The price of the Cake (which includes VAT and delivery costs) will be the price indicated on the Website when you placed your Order.
8.2 What happens if we or the Baker got the price wrong on the Website. It is always possible that, despite ours and the Baker’s best efforts, some of the Cakes may be incorrectly priced. If the Cake's price at your Order date is wrong, we will contact you to confirm the correct price before the Baker starts processing your Order.
8.3 When you must pay and how you must pay. Payment for all Orders must be made through the Website. Payment can be made by VISA, American Express, Mastercard or Maestro. You must pay for the Cakes when submitting your Order.
8.4 If the Baker cannot accept your Order. Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Baker (as described in clause 5.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Baker will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
9.1 Cake information. We try to accurately display the Cake names, descriptions, prices, ingredients, allergen warnings and other information as provided to us by the Bakers. The Bakers are responsible for providing this information and ensuring that it is complete, accurate and up-to-date, and we do not accept any responsibility for any incomplete or inaccurate information. If you are in any doubt about allergy warnings, ingredients in a Cake or any other information relating to the Cake, you should contact our customer service team on 0330 055 7057 or firstname.lastname@example.org who will forward your query to the Baker.
9.2 Cakes may vary slightly from their pictures. The images of the Cakes on the Website are uploaded by the Bakers and are for illustrative purposes only. Your Cake may vary slightly from those images as each Cake is homemade. Neither we nor the Baker guarantee that the Cake that is delivered to the Recipient will be identical to the Cake in the photograph.
9.3 Cake packaging may vary. The packaging of the Cakes may vary. The Baker will pack each Cake in a secure and hygienic manner.
9.4 Quality of the Bakers. We do not give any undertaking, assurance or warranty about the Bakers on the Website and we disclaim any such undertakings, assurances or warranties.
9.5 Quality of the Cakes. We do not give any undertaking, assurance or warranty that the Cakes ordered from any Baker through this Website will be of satisfactory quality or suitable for your purpose and we disclaim any such undertakings, assurances or warranties.
10.1 General. To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
10.2 Service. The Service is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
10.3 Cakes. To the fullest extent permitted by applicable laws, and subject to clause 10.4, we disclaim all liability and responsibility relating to the Cakes.
10.4 Exclusions. Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. Nothing in these Terms affects your statutory rights.
10.5 Limitation of liability. Subject to clause 10.3, our total liability to you in respect of all losses arising under or in connection with your use, or inability to use any part of the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the value of the Order or £100, whichever is the lower.
11.1 Reasons for which we can terminate with immediate effect. We may terminate or suspend your right to use the Service if we believe that you have breached any of your obligations under these Terms.
12. Feedback or Complaints
12.1 How to tell us about problems. If you are dissatisfied with any Cake or service provided by a Baker please consider providing a rating and/or a review on the Website to reflect your experience.
12.2 Compensation. If you are dissatisfied with any Cake or service provided by a Baker and wish to seek a refund or compensation, please let us know and we will contact the Baker to lodge your complaint. Please note that we have no control over the Bakers or the quality of their Cakes or the service they provide and we have no responsibility or liability to compensate you on behalf of any Baker.
13.1 General. Other than personally identifiable information, which is protected under the Data Protection Act 1998, any material you provide in connection
with the Service will be considered non-confidential and non-proprietary and may be made viewable to the public on the Website. This will include any comments, feedback or ratings you submit in relation to a Baker or a Cake.
13.2 Prohibited material. You are prohibited from submitting any comment, feedback or rating on a Cake or a Baker that you Order from that:
13.2.1 is unlawful or fraudulent;
13.2.2 is unauthorised advertising;
13.2.3 contains viruses or other harmful programming;
13.2.4 contains any defamatory, obscene or offensive material;
13.2.5 promotes violence or discrimination; or
13.2.6 infringes the intellectual property rights of another person.
13.3 Our right to remove reviews. We reserve the right to remove any review, rating or feedback which breaches clause 13.2 above or is in any other way objectionable.
13.4 Relying on reviews of others. Reviews reflect the views and opinions of the reviewer only. We accept no responsibility for any reviews, ratings or feedback posted on the Website or the opinions expressed within them relating to any Baker or Cake. Accordingly we accept no liability to any person arising from any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
13.5 Liability. You agree to indemnify us against any and all losses, damages and claims incurred by or made against us by a Baker or any other third party in connection with any review, feedback or ratings you have posted or uploaded to the Website.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under the contract between you and us. The contract under these Terms is between you and us. No other person shall have any rights to enforce any of these Terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to the contract between you and us and where you may bring legal proceedings. These terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.