Terms of Acceptance:
These terms and conditions outline how you may use the Cakery website (the “Site”), whether you are a registered user or a guest (“Customer Terms”). We reserve the right to make changes to these Customer Terms (and the documents they refer to) and any other component of the Service at any time. We’ll let you know about these updates by posting information about them on the Site. Periodically check the Customer Terms for updates. You consent to be legally bound by these Customer Terms by using the Site. Please refrain from using the Services or any portion of them if you do not agree to these Customer Terms.
1. About us
The Services are operated by The Cakery Limited (“we”). We are registered in
Making Use of Our Service
Temporary access to the Services is allowed, and we reserve the right to discontinue or change the services we offer through the Site without prior notice. If any of the Services are ever temporarily or permanently unavailable for any reason, we shall not be held responsible.
We reserve the right to limit users who have registered with us from accessing some or all of the Services. We process any personal information and other data you supply in accordance with our Privacy Policy. You agree to the terms of our Privacy Policy by providing any such personal data or other information.
2. Instructions and additional details for clients buying cakes with images
Consider the cake you want it on and the words you want to use when choosing a photo. In the majority of square cakes, it makes appropriate to utilise a landscape image with the phrase printed beneath it.
Verify the image’s sharpness, focus, red eye, etc. We are unable to edit or improve images.
To minimize pixilation, the picture data file should be as big as it can be, especially for the larger cakes.
As long as you create the composite image on your own using tools like Photoshop or Publisher and give it to us as a JPEG file, you are free to add additional images or text.
Word or PDF documents, for example, cannot be processed by us.
Please submit the picture to the branch email address listed on the yellow copy of the order if there is no option to upload it while placing the order online. Be sure to include the order number in the subject line. In the event that you run into problems, call the branch.
Unless you express otherwise, the cake decorator may decide to crop out “uninteresting” portions of the image.
The cake decorator will have final say on where to put the handwritten note and the image.
Despite using cutting-edge printing technology, we cannot guarantee that print colours will match those of any other items.
You accept full responsibility for how the image(s) you provide are used.
3. Limitation of Liability and Disclaimer of Warranties
(a) To the fullest extent permissible by applicable laws, we disclaim liability for any injury resulting from your use of any portion of the Service.
(b) To the fullest extent permissible by law, we fully disclaim all express, implied, and statutory warranties and provide the Site “as is” and “as available.”
(c) The App is available for download and use at your own risk, and you are solely liable for any losses of data or harm to your hardware device(s) that arises from doing so.
(d) For any use, neither we nor our licensors are responsible to you or any other user. Such a restriction:
- 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);
- 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);
- 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.
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 (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.
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.
Gift vouchers: special terms and conditions:
When purchasing a gift voucher or using a gift voucher to make a purchase on cakery website you agree to be bound by the Terms and Conditions for Shoppers above and also to be bound by the special conditions relating to gift vouchers below.
Promotional codes terms and conditions:
- By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
- The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.
- cakery promotional codes can only be used on eggfreecake.co.uk and towards the purchase of items currently featured on our Site excluding delivery charges.
- Promotional codes are an arrangement between you and us and not the Sellers using cakery website Promotional codes cannot be used on the individual websites of any Sellers on eggfreecake.co.uk.
- Promotional codes cannot be used in conjunction with the group gifting payment option, with any other offer on eggfreecake.co.uk in the same transaction, or for the purchase of gift vouchers.
Disclaimer for Delivery Orders
The drivers will attempt to deliver your cake within the given time slot. However, due to circumstances beyond our control such as traffic, if we are unable to do so, we will attempt to update you by telephone.
On reaching your address, the driver will attempt to knock on your door and phone if there is no response. If the driver is unsuccessful in contacting you, he will return your order to the shop. It will then be your responsibility to collect your cake from the shop. We will not re-attempt to deliver your order.
The driver will bring your order to your door or the entrance of your building in case of Flats. It will be your responsibility to collect the cake from the driver and offer any additional assistance that may be required for larger cakes.
- On receipt of your cake, you must check for any damages on arrival and if there are any issues, you will need to contact the store immediately. Please accept that cakes delivered by third parties may not be 100 per cent perfect and be prepared to overlook slight damages. However, if your cake is badly damaged, photos should be taken and the cake returned with the driver to the store so a refund can be processed. It may not be able to provide you with another cake at the time and all we could do is offer you a full refund. Please be prepared for this worst case scenario.
- We will share your contact details with our drivers as they may need to contact you on arrival. They will not be allowed to share your details to any other 3rd party companies.