Acceptance of terms
These provisions set out the terms and conditions on which you may make use of the cakezoneonline website (the “Site”) whether as a guest or registered user (“Customer Terms”). We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
1. About us
The Services are operated by Cake Zone UK limited (“we”). We are registered in England and Wales with our registered office address at 1581 London Road, Norbury SW164AA. Company registration
Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
2. Instructions and further information for customers ordering cakes with pictures
Choose a picture, bearing in mind the cake you are asking us to put it on and the writing you propose. It makes sense in most square cakes to use a landscape picture with the message written below.
Check the picture for clarity, focus, red-eye etc.
The picture data file should be as large as possible and especially so for the larger cakes, to reduce pixilation.
If you want more than one picture or want to add text, you can do so as long as you prepare it on your own software such as Photoshop or Publisher and send us the composite picture as a JPEG file.
please send the picture to the branch email address, with the order number in the subject of the email. Call the branch if you encounter difficulties.
The cake decorator, at their discretion may crop away “uninteresting” areas of the picture, unless you specify otherwise.
Placement of the picture and the hand written message will be at the discretion of the cake decorator.
Although we use the latest printing technology, we cannot guarantee print colours will match any other items.
You take complete responsibility for the use of the image(s) your provide us and indemnify us against any claims for infringement of copyright and for obtaining permission from persons for the use of their images.
Images on sugar paper start to deteriorate with time as the sugar paper dissolves into the cream below. Therefore, picture cakes should be collected promptly and used on the same day wherever possible.
3. Disclaimer of Warranties and limitation of liability
(a ) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(a) Includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages);
(b) Includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages);
(c) Applies whether damages arise from use or misuse of and reliance on this App, from inability to use the App, or from the interruption, suspension or termination of the App (including any damages incurred by third parties).
(e) Nothing in these Customer 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.
4. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
5. Payment methods
Purchases for goods and/or services you make with Sellers may only be paid for using a debit or credit card through our payment facility and /or paypal (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
6. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
7. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of collection, or of delivery, of postage and packing if such is available. The delivery costs for each Seller vary according to the delivery methods they offer.
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact the Seller directly using the order enquiry facility on the Site in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy set out in the Services Standards.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
10. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
14. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
15. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16. Law and jurisdiction
Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
General comments about the Site are welcome, please contact us at www.cakezoneonline.co.uk/contact. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them.
18. Other applicable terms and conditions
Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.
Purchases from our High Street Shops
In purchasing or ordering and subsequently collecting a purchase form our licensed Franchise store, the customer understands and agrees to the following:
On placing the order, the customer is responsible for the correct instruction of the cake requirements. This includes their chosen design number, size, color, date and time of collection and the exact spellings of the handwritten message on the cake. It is the customer’s responsibility to check the receipt has all the right instructions. Any errors must be pointed out to our sales staff and corrected at the counter before leaving the shop.
Cakes must be collected on the date and time consumed within 24 hours. Cakes not collected on time will be kept for no more than 24 hours and the store shall take no responsibility for their freshness. Dissolving pictures, drooping fruit, spreading color are some of the inevitable problems in these cakes and the store shall not be responsible for their condition.
Customers must acquaint themselves with the trading hours of our shops. Shop staff will not delay closing of shops and wait for customers to collect after closing times. Similarly staff will not make telephone calls/ texts to remind customers of their uncollected cakes.
The person collecting the cake is responsible for checking that the cake and writing, including spelling and coloring are acceptable and this should be a responsible adult appropriately instructed. Changes made after collection will be chargeable and even possibly refused, as they may not be possible without major re-construction.
Customers should appreciate Shop Managers and Cake Decorators work under a busy and stressful environment trying to manage huge swings in demand. The proportion of cakes collected successfully and on time exceeds 99% throughout franchisees but will never be 100%. Customers must note that there is no compensatory mechanism for the odd occasion that there is a failure to hand over the cake the instant a receipt is produced for collection. Orders are taken for cakes at the same price as if they were available for purchase over the counter from display. There is no premium charged for a guaranteed, rigidly timed delivery. It is therefore the responsibility of the customer to ensure they leave enough time for the collection of the cake taking into account the possibility of late or even non-delivery.
The shop staff will endeavor to have cakes ready by the time agreed and specified on the order receipt. If the shop staff are unable to provide a cake within 30 minutes of this time, the customer can, if they wish, ask for a full refund of all monies paid for this order and this will be given back in the same mode of payment used to place the order. The maximum liability of the shop in such instance is the value of the cake. On no account will the shop be responsible for any further or consequential damages (parking tickets, Hall charges, defamation etc.). The collection of a cake for a celebration is special event in people’s lives and customers must give it the extra consideration it deserves.
Where a delivery service has been agreed, The Shop management cannot guarantee the exact time of delivery. Customers should allow extra time for deliveries to come late and possibly not at all. In all cases, the shop’s maximum liability is a refund of monies paid for the cake. Claims for consequential losses or damages will not be entertained.
Carrying the cake home is the customer’s responsibility. It has to be carried flat and will usually require a dedicated person using both hands to carry it to the car. It will not survive a journey in a carrier bag with other shopping being carried in the same hand. Claims for cakes that have been damaged because they have moved in the box due to inappropriate carriage will not be entertained.
The customer is responsible for the prompt refrigeration of fresh cream cakes on leaving the shop. These cakes will deteriorate within a couple of hours if left unrefrigerated and even less than an hour if left in a car on a hot summer’s day. It is the customer’s responsibility to ensure that they have the means to safely transport the cake home and access to a refrigerator of such a size to accommodate the cake when it gets there.
Cream and icing color dyes are edible and safe for consumption but may temporarily stain mouth, hands and body, and also permanently stain dresses carpets and furniture. It will be the customer’s responsibility to warn guests and guard against children accidentally soiling clothes and furniture. The shop shall not be liable for laundry charges or damages due to staining.
Toys and accessories shown on menus are not guaranteed to be the same on the cakes as they are subject to availability. Shop management reserve the right to replace toys with something suitable in pictures if they are not available.
All menu pictures (on website, ipads in-store or leaflets) are for guidance only- The shop does not guarantee exact replication of the cake in the picture.
We reserve the right to photograph and use images of all cakes produced in our shops for marketing and advertising purposes. We retain copyright of all images produced and reserve the right to display said images at our discretion. We will not sell any images without permission.