BUILD-A-CUPCAKE LTD TERMS & CONDITIONS
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
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.
Before placing an order with us, please ensure that you read the terms and conditions below. These are the terms you have accepted when registering with us.
When supplying Cake via our Mail Order Catalogue or Web Shop, the Build-A-Cupcake Ltd will comply with the Consumer Protection Distance Selling Regulations 2000 (DSRs).
Where we refer to ‘working days’ within this document, this includes Monday to Friday only. Saturday and Sunday are not classed as working days.
- “Website” means the website located at www.buildacupcake.co.uk or any subsequent URL which may replace it and is owned and operated by Build-A-Cupcake Ltd Build-A-Cupcake Ltd “Build-A-Cupcake Ltd”; “we” or “us” means Build-A-Cupcake Ltd Build-A-Cupcake Ltd registered office: ****************************;
- “Conditions” means these terms and conditions;
- “Product” means a cupcake displayed for sale on the Website;
- “Product Description” means that part of the Website where information in respect of the individual Product/Cake is provided;
- “Price” means a retail price that a Product is advertised for sale at;
- “Users” means the users of the Website collectively;
- “Personal Information” means the details provided by you on registration;
- “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer;
- “Dispatch Confirmation E-mail” means the email we send to you to confirm that we’ve dispatched your order to you; “United Kingdom” or “UK” means England, Wales, Scotland, Northern Ireland and the Channel Islands;
- “You” means a user of this Website.
Our services are available only to, and may only be used by individuals who can be legally bound by contracts under the applicable law. Each user of the Website must have a valid credit or debit card and a valid e-mail address for contact purposes. Build-A-Cupcake Ltd’s services are available only for credit and debit card types which are listed on the Website.
The Website is not directed to children under the age of 18. If you are under 18 years old, you may browse the Website, however, you may not place an order online or provide Build-A-Cupcake Ltd with any of your personally identifiable information. Build-A-Cupcake Ltd will permanently delete a child’s personally identifiable information if a parent so requests by sending an e-mail to email@example.com.
We do not sell alcoholic products to persons under the age of 18 as per the licensing Act 2003. Refusal of a store pickup or driver delivery is at our discretion. In placing an order containing alcohol you confirm that you, and the intended recipient(s), are aged 18 years or over.
OUR CONTRACT WITH YOU
The service we will provide. We will provide a service for you to place an Order with a Build-A-Cupcake Ltd (Build-A-Cupcake Ltd) 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 Build-A-Cupcake Ltd on your behalf in accordance with these Terms. We warrant that the Service will be provided by us using reasonable care and skill.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions. We will do our utmost to ensure that availability of the website is uninterrupted and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. We may also need to restrict or temporarily suspend your access to the Website for the purpose of maintenance, or the introduction of new facilities or services.
ACCESS FROM OUTSIDE THE UK
Whilst the primary Users of this Website are UK residents we do offer our Cake and services worldwide. In some cases, cupcake available on this website may not be purchased in certain countries under local laws. Users are responsible for compliance with local laws if and to the extent local laws are applicable.
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.
Acceptable use of the Website
Subject to these Terms you may access and use the Website and order online.
The following Terms define the acceptable use of the Website. While using the Website you agree to refrain from willfully, or carelessly –
- Interfering with or disrupting the functionality of the Website;
- Disobey or breach these Terms or any other applicable instructions conveyed by Build-A-Cupcake Ltd and its officers;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
- Impersonating any person or entity, or making any false statement about your identity, employment, agency or affiliation with any person or entity;
- Providing false or misleading credit card details and/or false delivery address when placing an order online;
- Displaying the Website or any part thereof in an exposed or concealed frame;
- Linking to certain elements on the Website independently from the web pages on which they originally appear;
- Email, transmit or otherwise make available any information and materials that infringes third party’s right, including Intellectual Property Rights;
- Email, transmit or otherwise make available software viruses, Trojan horses, warms and any other malicious application to computers and networks;
- Email, transmit or otherwise make available any information or material which may constitute or encourages conduct that would constitute a criminal offense or civil wrongdoing or otherwise violets any applicable law;
- Email, transmit or otherwise make available any information or material which may be deemed threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately by email or phone of any changes.
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 Build-A-Cupcake Ltd, such as photographs and cupcake descriptions) published on the Website.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account.
We shall not be liable to any person for any loss or damage which may arise from failure by you to take the necessary measures to protect your account details.
When you place an order to purchase a cake from us, we will send you an email confirming the receipt of your order (“Order Receipt Confirmation email”).
Your contract with Us: The legal contract for the sale of Cupcakes purchased via the Website (Contract of Sale) is between you and the Build-A-Cupcake Ltd you place your Order with and such Contract of Sale shall comprise these Terms, the Confirmation Email and the description given on the Website for the Cupcake that is the subject of the Order, and you agree to be bound by all such provisions
Your order represents an offer to us to purchase a cake which is accepted by us when we send you the Dispatch Confirmation email. That acceptance will be complete at the time we send the Dispatch Confirmation email to you.
Any Cupcake on the same order which we have not confirmed in a Dispatch Confirmation email to have been dispatched do not form part of that contract.
Allergies. We have included information provided by the Build-A-Cupcake Ltd relating to the Cupcakes on the Website. We try to accurately display all the ingredients and allergens present in each Cupcake 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.
MAKING AN ORDER
Once you have selected the Cupcake 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.
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)
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.
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.
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.
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 terms, you will not be entitled to a refund.
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.
CAKE, PRODUCT DESCRIPTIONS AND PRICES
Whilst we do our best to maintain sufficient stock levels, we cannot guarantee availability of stock at all times.
- We have taken extra care to ensure that all descriptions are accurate. However, orders will only be accepted if there are no material errors in the description of the Cake or their prices as advertised in this catalogue. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only.
- We sell a wide range of edible and non-edible colourings and therefore appreciate the importance of variation in colour. We have made every effort to display as accurately as possible the colours of our Cake that appear on the website. However, as the colours you see will depend on various factors such as lighting, monitor display make and type, monitor display settings etc, we cannot guarantee that the appearance of illustrated colours will accurately reflect the colours of Cake supplied.
To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials in the catalogue. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials in the catalogue.
EDIBLE AND NON-EDIBLE CAKE
WARNING: We advise caution in the use of non-edible items on cakes and other edible Cake, and do not accept any liability whatsoever for the inappropriate use of any Cake.
ORDERS FROM OUTSIDE THE UK
Customers ordering from outside the UK please note that, in some cases, Cake available in this catalogue may not be purchased in certain countries under local laws or due to licensing rights. Users are responsible for compliance with local laws if and to the extent local laws are applicable.
IMAGES AND LOGOS
Images and logos. If you provide an image and/or a logo to us 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 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.
PRICE AND PAYMENT
Where to find the price for the cupcake. The price of the cupcake (which includes VAT and delivery costs) will be the price indicated on the Website when you placed your Order.
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.
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.
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 this terms 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.
Payment will be taken (from the card supplied by yourself, or by means of presenting your cheque to the bank) once Cake have been picked, but prior to dispatch. You will receive an invoice confirming payment taken. NO CAKE WILL BE DISPATCHED BEFORE PAYMENT IS RECEIVED. We will contact you immediately should we experience problems taking payment. (Please note that cheque payment may delay processing of your order, particularly where items are out of stock and/or substitutions made).
We reserve the right to send Cake up to the value of the payment received.
We reserve the right to process payment for a reduced value should some items become unavailable.
Refunds will be credited directly to the same card you used to place your order or if requested can be sent by cheque.
PRIVATE DATA SECURITY
We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using SagePay, a secure online payment gateway that encrypts your card details in a secure host environment.
In the interests of your security, we will not store your credit (or other payment) card details and you will be required to input these details each time you place an order via the Site. To help ensure that your shopping experience is safe, simple and secure we uses Secure Socket Layer (SSL) technology.
We will take reasonable care to keep the details of your order and payment secure where it is within our power and control to do so. You accept and acknowledge however that the internet is not a secure medium for the transmission of information and data including payment details and such information and data may be accessible by third parties.
Links to other sites
The Website may include links to content on other web sites and online services. Build-A-Cupcake Ltd does not operate or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, Build-A-Cupcake Ltd does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. Build-A-Cupcake Ltd assumes no responsibility or liability for such third party websites or services, or for their availability.
The Website may include paid advertisements, sponsored links and commercial information (the “advertisements”). By clicking on the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. Build-A-Cupcake Ltd is not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages or offers.
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 +44 119 328 2954 or firstname.lastname@example.org who will forward your query to the Baker
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.
Cake packaging may vary. The packaging of the Cakes may vary. The Baker will pack each Cake in a secure and hygienic manner.
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.
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.
RETURN, REFUND AND CANCELLATION POLICY
We are only able to refund and cancel cupcake orders by 10am the day before your order is due to be delivered or collected. Should you need to cancel or amend any of our larger cakes we require two working days’ notice to arrange this for you. Should your order be damaged this should be reported immediately and photographic evidence must be emailed to email@example.com, Please note we are unable to accept returns.
PRIVACY AND SECURITY
Personal information is private and therefore treated with the highest standards of security and confidentiality. We never make your personal details available to other companies for marketing purposes other than within the Build-A-Cupcake Ltd. We (and our representatives) may hold your personal details in order to process your order and/or maintain your account.
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.
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.
Cakes. To the fullest extent permitted by applicable laws, and subject to clause 10.4, we disclaim all liability and responsibility relating to the cupcakes.
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.
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Build-A-Cupcake Ltd Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact Build-A-Cupcake Ltd using our contact information below to have that child’s account terminated and information deleted.
LIMITATION OF LIABILITY
Subject to clause Above 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.
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.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
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.
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.
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.
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.
CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to change these Conditions from time to time and you should read them when ordering.
Copyright (c) 2019(s) of first publication Build-A-Cupcake Ltd. Our website, logos, scripts, page headers, button icons, and product names included in or made available through www.buildacupcake.co.uk are trademarks or trade dress of Build-A-Cupcake Ltd, in United Kingdom and other countries.
You are banned from using, republishing, reproducing, transmitting, copying, changing, or distributing the trademarks found on this website in any way without Build-A-Cupcake Ltd prior clear written consent.
- Build-A-Cupcake Ltd, together with our licensors, own and control all the copyright and other intellectual property rights in Build-A-Cupcake Ltd website and the material on our website; and
- The entire copyright and other intellectual property rights Build-A-Cupcake Ltd website and the material on our website are reserved.
GOVERNING LAW AND JURISDICTION
We do not represent or warrant that the Service complies with the regulatory regime of any other country. If you access the Site from other locations outside England and the United Kingdom you do so entirely at your own risk and you are responsible for compliance with local laws.
These Terms and our Delivery and Returns Policy shall be interpreted in accordance with and governed by the English Law and the United Kingdom and the parties shall submit to the exclusive jurisdiction of the English courts.
EU DATA PROTECTION
To comply with the European Union General Data Protection Regulation, we aim to abide by the new May 25 GDPR Regulation on Users data. When the User connects to the internet or sends email, the User’s data is transmitted over an unprotected public network. Such data may be transmitted across international borders even if both the sender and receiver are located in the same country. Transmission takes place in the form of separate coded packets, but the details of the sender and receiver are not encrypted. It is therefore possible for unauthorized third parties to gain access to such information and infer the existence of contacts with Build-A-Cupcake Ltd.
By using our email service, the User gives us permission to reply to the User one or more times via email. Build-A-Cupcake Ltd is not responsible for any damage resulting from the use of email. Furthermore, the email service may not always be available, owing to technical reasons beyond the control of Build-A-Cupcake Ltd. Build-A-Cupcake Ltd collects data (through cookies or web beacons) regarding visits to the Site (including the User’s IP address) which are used for statistical or security purposes, for monitoring the system, for management and marketing purposes, and in order to comply with legal and regulatory obligations. These data are anonymous. Build-A-Cupcake Ltd only collects data that identifies the User when such data are supplied voluntarily. In this case, Build-A-Cupcake Ltd may use such information for the same purposes as data collected regarding visits to the Site. Appropriate security measures are taken to ensure that third parties cannot gain access to such information.
Build-A-Cupcake Ltd reserves the right to communicate personal data to external service providers, while ensuring that such providers handle the information confidentially. Build-A-Cupcake Ltd may, however, be required by law, a court order or an administrative decision to communicate personal data to third parties.
(Last Updated May 17th, 2019)
Courts of England: Rev. 243D589