PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What’s in these terms?
These terms tell you the rules for using our website https://cakeowls.com (our site).
Who we are and how to contact us
https://cakeowls.com is a site operated by Baking You Happy Limited (“We”). We are registered in England and Wales under company number 13961475 and have our registered office at 4 Aztec Row, Berners Road, Islington, London, United Kingdom, N1 0PW.
We are a limited company.
To contact us, please email firstname.lastname@example.org.
By using our site you accept these terms
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
Our Acceptable Use Policy https://cakeowls.com/acceptable_use_policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you purchase goods from our site, our Terms and conditions of supply https://cakeowls.com/terms will apply to the sales.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our site is only for users in the UK
Our site is directed to people residing in the United Kingdom who must be at least 18 years of age. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
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. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly change your password and notify us at email@example.com.
How you may use the material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
Product images on this site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the actual product. Therefore, products may slightly vary from the images. We may also change the manner in which a product is decorated.
All products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if any products you have ordered are not available and where possible offer a substitute.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards, blogs and images. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Terms and Conditions for the purchase of products on our site
Your order constitutes an offer to us to buy our product(s). After placing an order, you will receive an email from us. This email is an order confirmation and invoice to notify you of the fact we have received and accepted your order.
Your order is not accepted until the full payment has been received by us at which time a legally binding agreement on the terms set out here will become effective. We may refuse any order or any application to join our subscription service for any reason whatsoever.
It is your responsibility to check and amend any errors before submitting your order to us. If you notice an error in your order you must notify us by telephone at 07366 776363 at least 2 full days before the order is due to be collected or delivered.
If you wish to amend the products or collection/delivery date on your order, please call us at 07366 776363 at least 2 full days before the order is due to be collected or delivered and we will do our best to accommodate, subject to availability of ingredients and our bakers.
Covid-19 – Should you need to reschedule your celebrations due to Covid-19, we offer a free date change. You can do so by contacting us. If you are unable to reschedule, we offer a credit note for the full value of your order valid for a period of 12 months from the order date. As our products are made to order and perishable your legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000 does not apply.
When you sign up to our subscription plan, you must cancel or postpone your order by 23:59 on the Sunday of the week your order is due. This is dependant on the frequency selected when you signed up to our subscription plan (weekly, bi-weekly or monthly). Our website allows you full control of your subscription plan including cancelling a plan fully at any time or pausing your plan for a set period. These changes can be made under the ‘My Account’ section of our website. Cancelled subscription plans will not attract any processing fee. Orders for the current week cannot be cancelled after 23:59 on Sunday.
We handle all allergens in our kitchen and cannot guarantee our products are allergen free. Our products may contain gluten, dairy, eggs, gelatin, nuts and soya amongst others. Whilst we offer egg-free and vegan options, please note these products are made in a common kitchen. If you have an allergy of any significance, we strongly advice that you call us on 07366 776363 or e-mail us at firstname.lastname@example.org before you handle or consume our product(s).
Inserts and Sharp Objects
Please note some of our cakes may contain inserts. Example include dowels for multi-tier cakes, plastic sticks to hold lollipops, figurines, prints etc. Please also note some fondant figurines may have sharp objects or pins essential to create these objects. Examples include fondant figurines, fondant roses etc. We recommend you do not consume them. Should you desire to consume them, exercise extreme caution and call us on 07366 776363 for advice.
Price & Payment
Payment for all products must be by credit or debit card. A list of cards accepted by us are shown on the checkout page and all cardholders are subject to validation checks and authorisation by the card issuer. You will receive an invoice upon completion of authorisation and receipt of payment by us. All our prices include VAT where applicable. Delivery costs vary and may be added to the total amount due before completion of your order.
Prices may differ by sales channel. This means prices on our website can be different from prices in store at any point in time. You should purchase the product on the appropriate sales channel to obtain the price listed on the sales channel.
We reserve the right to vary our prices at any time, but these changes will not affect orders already placed and where we have already sent you an invoice. If the price of your subscription plan changes, we will notify you via e-mail at least 2 weeks prior to the change.
The price to be paid by you for products will be as quoted on our site except in cases of obvious error, in which case we will contact you to discuss the revised price or offer you a full refund.
Promotion or Voucher codes
Any promotional code or offer on our website cannot be used in conjunction with any other promotion, past or present.
Each promotional code or offer may be used only once per customer. If more than one customer is registered at the same delivery address, our promotion code or offer may only be used by one customer registered at that address.
We reserve the right to withdraw or terminate any of the promotional codes or offers at any time. If this happens, then the promotional code or offer may not be used for any orders placed after the date of withdrawal or termination. We reserve the right to reject the use of a promotional code or offer where fraud is suspected.
We offer two separate loyalty card schemes, one for cupcakes and one for cakes. Terms and conditions are listed on the cards and both participation and redemption are only applicable in-store. Both loyalty card schemes can run in parallel and you are entitled to one stamp per visit, subject to the conditions listed on the loyalty card. The stamps cannot be clubbed with any other offer.
We reserve the right to withdraw or terminate any of the loyalty schemes at any time. If this happens, then the loyalty cards may not be used for any orders placed after the date of withdrawal or termination.
We offer a ‘Refer a Friend’ scheme and enables you to introduce your friends and family to Cake Owls in exchange for a reward. The following rules apply.
This is an online only scheme and you have to be fully registered on our website and subscribed to our newsletter.
You will receive a referral credit of £5 when your friends and family register on our website, subscribe to our newsletter and make a purchase of minimum £30 value using your unique referral link. It must be clear from your communication that your friends and family have received the referral link from you and not from Cake Owls. Referral credits will expire after 12 months from issue.
You are permitted to refer a maximum of 10 friends and to earn a maximum of £50 referral credit. We may, at our discretion, allow you to refer more than 10 friends and to benefit from any subsequent referral credit.
You can refer a maximum of one person per household and you cannot refer yourself. If we suspect you have used different email addresses or delivery addresses to circumvent our system, we may decide to count this as a fraudulent referral. For any referral which we deem to be fraudulent, we reserve the right to cancel the referred transaction, and withdraw all referral credit from your existing account.
If you have been referred by a friend to open an account with Cake Owls and make a purchase, this introductory offer is only valid for your first purchase and cannot be used in conjunction with any other offers on our website.
All orders are subject to availability. If a specific product is not available, we will contact you via your e-mail address or phone number (where available) and offer you a suitable replacement. Alternatively, we will offer you a full refund.
Collection & Delivery
You must collect your order from the store address you selected on our website when you placed the order. Store opening hours are listed on our website home page. Where you have selected delivery, we will only deliver to the delivery address provided by you on the date you requested the product (Date Required). Our delivery service is limited to local post codes, which can be checked at the time you place an order on our website.
Your order will be ready for collection from 4PM on the date you selected on our website ‘Date Required’. If you do not collect your order on the day, we will hold your products safely until 4PM of the following day, after which they will be disposed due to the fresh nature of the product. You are not entitled to a refund in this case. Please call us on 07366 776363 as soon as possible to discuss an alternative collection time before 4PM the following day.
We will deliver your order on the date you selected on our website ‘Date Required’. We will notify you of the approximate delivery time in the morning of the delivery date. If no one is present to receive the delivery of your order, we will take your order back to our store and we will hold your products safely until 4PM of the following day, after which they will be destroyed due to the fresh nature of the product. You are not entitled to a refund in this case. Please call us on 07366 776363 as soon as possible to discuss an alternative collection time before 4PM the following day. Second deliveries are subject to availability of delivery drivers and time slots.
Our subscription boxes are delivered by Royal Mail second class and fit in standard letterboxes. You are not required to be present to receive the delivery of your subscription box.
We reserve the right to use any alternative delivery method without prior notification to you. We will not be held responsible for any delivery delays, outside our control.
It is your responsibility to report all lost subscription boxes within 7 days by contacting us at: email@example.com. You are required to comply with either the courier’s compensation process or ours. We are unable to offer a refund if you fail to comply with these processes which may be amended from time to time.
If you change address, you must update your address details in the ‘My Account’ section of the website no later than the Sunday at 23:59 hours of the week when your subscription box is due. Change of delivery address may be subject to additional checks by your card issuer or by us.
We reserve the right to cancel your subscription if in our opinion, the postal service in your area is unreliable.
We hope that you will be delighted with your order. If for some reason, you are not satisfied with your order then please call us on 07366 776363 or e-mail us at firstname.lastname@example.org to discuss how we can rectify the situation. Please read our returns policy below.
When you collect your order, please ensure the order is complete, the products are as ordered and check for damages. Ownership of the products transfers to you upon collection and we will not be responsible for any subsequent damages or missing items.
For deliveries, please ensure the order is complete, the products are as ordered and check for damages on receipt of delivery. Ownership of the products transfers to you upon delivery and we will not be responsible for any subsequent damages or missing items. Should you notice any discrepancies or damages, please call us immediately on 07366 776363 or e-mail us at email@example.com to discuss how we can rectify the situation.
If a product is not as ordered or is damaged, we will credit or refund your purchase. If you are claiming a refund for damaged goods, you must e-mail pictures to firstname.lastname@example.org and retain the damaged goods plus all packaging for inspection by us. Refunds are subject to our inspection. Please mention your order number, name and delivery address in your e-mail or when you call us.
Refunds will only be made to the to the original payment method used by you when making the online purchase.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://cakeowls.com/terms.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy https://cakeowls.com/acceptable_use_policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy https://cakeowls.com/acceptable_use_policy.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the following rights to use that content:
For digital images you upload or otherwise make available to us for printing on your cake, you grant us rights to store those images on our website or systems until your order is complete and for 30 days thereafter.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, 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 without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy https://cakeowls.com/acceptable_use_policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
Which country’s laws apply to any disputes?
Our trademarks are registered
“Cake Owls” and “BAKING YOU HAPPY” are trademarks of Baking You Happy Limited. You are not permitted to use them without our approval.
COPYRIGHT 2020 CAKEOWLS. ALL RIGHTS RESERVED.
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