TERMS AND CONDITIONS OF SALE
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.5 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.6 “Supplier” means Cake Girl London that owns and operates http://cakegirl.wpengine.com;
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 “Website” means http://cakegirl.wpengine.com.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier’s email via the website stated in clause 1.6.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. VAT is not charged. Where applicable, the price EXCLUDES delivery charges.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and / or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus delivery charges, if applicable, must be made according to http://cakegirl.wpengine.com/shopping-info/.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4% per annum above the base rate of Barclays Bank from time to time in force.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall begin to perform the Services once payment has been made.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 Where a specific delivery / collection date has been agreed, and where this delivery / collection date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery / collection date or receive a full refund.
8.2 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery / collection. In any event time of delivery / collection shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery / collection date.
8.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.4 Collections of the Goods shall be made at the Supplier’s address specified in the order and the Buyer shall make all arrangements necessary to collect the goods.
8.5 Risk in the Goods shall pass to the Buyer upon delivery / collection of the Goods, or where the Buyer fails to take delivery / collection at the agreed time, at the time delivery / collection was attempted.
8.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9 CANCELLATION AND RETURN
9.1 There are no refunds given upon cancellation of any cake order or service.
9.2 Refunds will only be given if the Supplier is responsible for an unforeseen change of circumstances.
9.3 The refund will never exceed the total amount received by Cake Girl London
10 GIFT VOUCHERS
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
10.1 Gift vouchers will be emailed within 5 working days of acceptance of order. Payment must be made according to http://cakegirl.wpengine.com/shopping-info/.
10.2 The Buyer must notify the Supplier of any discrepancy as soon as possible but in any event within 7 days of the delivery of the vouchers.
10.3 Gift vouchers may be exchanged for any products or services offered by Cake Girl London. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer’s order.
10.4 Gift vouchers are valid for 12 months from the date of purchase and cannot be renewed once they have expired.
11 LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.