07821 077114

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.cupcakeyourself.co.uk (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.



1.            INFORMATION ABOUT US

1.1                       We operate the website www.cupcakeyourself.co.uk.  We are Cupcake Yourself of Lightwood Road, Stoke-on-Trent, ST3 7HB.

 

2.            YOUR STATUS

By placing an order through our site, you warrant that:

(a)    you are legally capable of entering into binding contracts;

(b)    you are at least 18 years old;

(c)     you are resident in Great Britain; and

(d)    you are accessing our site from Great Britain.


 

3.            HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1           After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Acceptance E-mail).  The contract between us (Contract) will only be formed when we send you the Acceptance E-mail. 

3.2           The Contract will relate only to those Products which we have confirmed acceptance of in the Acceptance E-mail.  We will not be obliged to supply any other Products which may have been part of your order until the acceptance of the order of such Products has been confirmed in a separate Acceptance E-mail.

3.3           Where applicable, an Acceptance E-mail will not be sent until the deposit is paid in accordance with clause 7.7.

 

4.            OUR STATUS

4.1           We may provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.


5.            AVAILABILITY AND DELIVERY

   Your order will be fulfilled by the delivery date set out in the Acceptance E-mail.




6.            RISK AND TITLE

6.1          The Products will be at your risk from the time of delivery.

6.2          Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.



7.            PRICE AND PAYMENT

7.1          The price of the Products and our delivery charges set out on our site from time to time are provided as a guide only.  The actual Products we provide will vary in price dependent upon your specific requirements and confirmation of price will be given in the Acceptance E-mail. 

7.3          Product prices and delivery charges are liable
~ to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance E-mail.

7.4          It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our confirmation process.

7.5          We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Acceptance E-mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

7.6          Payment for all Products must be by cheque, cash or BACS. 

7.7          We require 50% of the full order value to be paid at the time of placing the order and prior to the Acceptance E-mail being sent as a non-refundable deposit.  The balance of the order value shall be payable on delivery.  Failure to pay the balance of the order value on delivery shall entitle us to either:

-      complete delivery and charge interest accruing on a daily basis at 4% above the base rate of Barclays Bank plc from time to time; or

-      refuse to complete delivery.

7.8          Should an order require delivery within 4 working days of the order, we have the right to request 100% of the price of the order be paid prior to the Acceptance E-mail.



8.            OUR REFUNDS POLICY



8.1          If you return a Product to us because have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. 



8.2          We will usually refund any money received from you using the same method originally used by you to pay for your purchase.



8.3          Subject to clause 8.1 no other refunds will be provided.



9.            WARRANTY

9.1          We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. 



9.2          You acknowledge that we give no warranty or guarantee as to the ingredients in the Products.  We will endeavour to use fresh and in date ingredients and discard any Products or ingredients which are unsuitable for consumption.

 

10.          OUR LIABILITY

10.1         Subject to clause 10.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.



10.2         Subject to clause 10.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

10.2.1      loss of income or revenue;

10.2.2      loss of business;

10.2.3      loss of profits;

10.2.4      loss of anticipated savings;

10.2.5      loss of data; or

10.2.6      waste of management or office time.



However, this clause 10.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 10.2.



10.3         By placing an order for any of the Products you hereby licence us to use your intellectual property as is strictly required for the purpose of completing the order.  Where you have placed an order on behalf of or as an agent for a third party then, we will presume that the relevant permission has been obtained from the necessary third party or holder of the intellectual property rights and that we have been granted the appropriate licence to complete your order.  We will not be liable for loss, damages, costs and expenses incurred as a result of our use of the relevant intellectual property for this purpose. 



10.4.1      We reserve the right to use the Products with or without your intellectual property for promotional and marketing purposes on our website or other promotional material, unless you expressly notify us in writing that you do not want us to.


10.5         Nothing in this agreement excludes or limits our liability for:

10.5.1      death or personal injury caused by our negligence;

10.5.2      fraud or fraudulent misrepresentation;

10.5.3      any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

10.5.4      defective products under the Consumer Protection Act 1987;

10.5.5      any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

10.6         Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.



11.          INDEMNITY

You shall keep us indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any claim made against us for actual or alleged infringement of your or a third party's intellectual property rights arising out of, or in connection with the manufacture, supply, use or promotion of the Products (in accordance with these terms). 



12.          WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.



13.          NOTICES


All notices given by you to us must be given to Katherine Warrilow by e-mail at hello@cupcakeyourself.co.uk.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.



14.          TRANSFER OF RIGHTS AND OBLIGATIONS

14.1         The contract between you and us is binding on you and us and on our respective successors and assignees. 


14.2         You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 


14.3         We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.




15.          EVENTS OUTSIDE OUR CONTROL



15.1         We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 



15.2         A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:



15.2.1      strikes, lock-outs or other industrial action;



15.2.2      civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;



15.2.3      fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;



15.2.4      impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;


15.2.5      impossibility of the use of public or private telecommunications networks; and


15.2.6      the acts, decrees, legislation, regulations or restrictions of any government.


15.3         Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.



16.          WAIVER

16.1         If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.



16.2         A waiver by us of any default will not constitute a waiver of any subsequent default.



16.3         No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.



17.          SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract 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.



18.          ENTIRE AGREEMENT



18.1         These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.



18.2         We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

 

18.3         Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

 

 


18.4         We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.



19.          OUR RIGHT TO VARY THESE TERMS AND CONDITIONS


19.1         We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 


19.2         You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance E-mail (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).



20.          LAW AND JURISDICTION



Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.