TERMS AND CONDITIONS
This site is operated and owned by CakeToolbox.co.uk. Please read the Terms and Conditions on this web page carefully. We recommend that you save a copy for your records.
These Terms and Conditions ("Terms") apply to the sale and supply of Goods (the "Goods") by CAKETOOLBOX.CO.UK ("the Seller" or "Us") to you. When you have read the Terms and Conditions you will be asked to tick the box to indicate that you have read, understood and agree with the Terms set out below. If you tick the box then we will accept you as a customer and your order will be processed, your contract with the seller for the sale of Goods to you on these terms will be concluded. You reaffirm your acceptance of the Terms every time you enter the website. The Seller reserves the right in its absolute discretion at any time and without notice to remove, amend or vary the content, which appears on any page of the Web Site. If you do not accept the Terms, do not use the website.
If you wish to discuss any part of these Terms, then please contact us by the following:
In writing to:
27 Churchill Road
UK Tel: 0740 100 33 27
International (Calling code): +44 (0)740 100 33 27
Facebook Page: CakeToolbox.co.uk
*Please note the above address is for written correspondence only. We are purely an online business only. Strictly no visitors allowed at this time.
Price of the Goods
Warranties and liability
Intellectual property rights
Limitations of liability
Accuracy of contents
Date protection and cookies
General payment information
Paypal and credit cards
Gift vouchers and promotional offers
DELIVERY AND SHIPPING:
Where is my parcel
In order to purchase Goods you will be required to complete the registration form found at the checkout stage on-line. The details provided by you are important and you confirm and undertake that all such information is true, correct and complete in all respects. You agree to notify us immediately of any changes that are relevant to your registration by informing us, by post, telephone or e-mail. To place orders through this website, customers must be strictly 18 years of age or above.
Price of the Goods
We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture) any change in delivery dates, quantities or specification of the Goods which is requested by you, or any delay caused by any instructions of you or failure of you to give the Seller adequate information or instructions.
Warranties and liability
Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery. Where we sell Goods supplied by a Third Party, we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but will, where possible assign to you the benefit of any warranty, guarantee or indemnity given by the third party supplying the Goods to the Seller.
The above warranty is given by the Seller subject to the fact that the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Sellers instructions or a third party’s instructions (where the Goods have been supplied by a third party to the Seller) (whether oral or in writing) misuse or alteration or repair of the Goods without the Sellers approval;
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these terms, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Sellers sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but the Seller shall have no further liability to you. Except in respect of death or personal injury caused by the Sellers negligence, the Seller shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and the entire liability under or in connection with the contract shall not exceed the price of the Goods paid by you for the Goods supplied, except as expressly provided in these terms.
The Seller shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Sellers obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Sellers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Sellers reasonable control:
Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery. For the avoidance of doubt, the company, as designated above, assumes no personal liability whatsoever in respect of any matter relating to the Goods, their delivery or any other matter.
If a dispute arises out of or in connection with these Terms, the parties will, with the help of the Centre for Dispute Resolution (CEDR) seek in good faith to resolve it by alternative dispute resolution. If the parties fail to agree terms of settlement within twenty-eight days of commencement of the procedure then either party shall have the option of commencing litigation and the parties hereby submit to the jurisdiction of the English Courts. The commencement of the procedure is defined as the commencement of the first dispute resolution meeting.
Every contract between you and the Seller incorporating these Terms and any agreed variations to the Terms shall be governed and construed in accordance with the law of England.
Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. You may view, download for caching purposes only, and print pages or images from the website for your own personal use. However, you must not:
- republish material from this website (including republication on another website);
- sell, rent or otherwise sub-license material on the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
The Company makes no warranty or representation that the use of this website or e-mails (including email attachments) sent to you from us, will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs. We will not be liable to any person for any loss or damage which could arise to computer equipment as a result; we therefore recommend you put in place your own security measures (such as running your own virus check before opening any attachments).
Accuracy of contents
We will take all reasonable care to ensure that all details, descriptions and prices on the Website are correct at the time when the relevant information was entered onto the system, however we do not warrant that the text descriptions, colours or other content is accurate, complete, reliable, current or error free; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
Any dimensions, weights and capacities described are approximate only.
This website also contains links to other websites, which are provided for your convenience. These websites are independently operated and beyond the control of CakeToolbox.co.uk. CakeToolbox.co.uk does not necessarily endorse these websites and instead recommends you approach them at your own risk and independently verify them for yourself. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
Data protection & cookies:
We never give your personal details to third parties without your prior consent, however the phone number provided by you at checkout may be passed onto our courier, who may need to contact you with regards to your delivery. If this is a problem, please omit your phone number from your registration details or contact us before paying for your order.
All personal details are handled with the accordance with the Data Protection Act 1988. We may hold your personal details for general administrative, marketing and monitoring purposes (i.e. you agree we may contact you by mail, telephone or e-mail from time to time about goods and services which may be of interest to you).
Information may be collected in an assortment of ways ie: such as by emails, letters, site statistic information etc and we will not resell or divulge any information about you to a third party, unless you have given us your explicit consent.
You have the right to apply for a copy of your information (which may be subject to payment of a small fee) and to have any inaccuracies corrected.
All our information is stored on a secure server to ensure that all your personal and transactional information is protected to the highest standards, however please note that data transmission over the internet is inherently insecure, and we cannot guarantee the security of date sent over the internet.
We cannot be held liable if, through no fault of our own, details are intercepted by third parties and used.
You are also responsible for keeping your password confidential. We will not ask you for your password.
All online payments are taken via PayPal on a 128 bit secure server to ensure all your transactional information is protected to the highest standards. When you see a golden "padlock " symbol at the bottom right-hand side of your screen, it shows that the page is "secure" from "Third Parties". For more information please see www.paypal.com.
General payment information
All orders must be made in full, before it is released for delivery. If you fail to make payment, we are entitled to cancel the transaction, or suspend delivery of the Goods until payment is made in full. You can select which payment option you would like at checkout. If paying by post, please ensure you also print out a copy of your order. It is advisable to send payment by “Recorded Delivery” or in the least to obtain “Proof of Postage” as we cannot be held liable for payments lost or delayed in the post. All payments must be in pounds sterling. We do not generally accept cash in the post, as it is done so at your own risk. Please send your payment to the contact address as stated above.
For all retail orders we accept; cheque, postal order, PayPal and all the major credit cards processed securely via PayPal (you do not need a PayPal account to pay using PayPal). For further information please see: www.paypal.com
For all UK wholesale orders we accept; cheque, postal order or payment by bank transfer (please e-mail us for details). We also accept PayPal (and all the major credit cards through PayPal), but please contact us in advance, should you wish to pay by this method as there will be a 3.5% surcharge to pay (this is a direct cost from PayPal and we do not profit off this). For all non-UK customers: please email us in advance to discuss the different payment options available.
Please make cheques payable to L Marsh. Please ensure you include your sort code and account number on the reverse for bank clearance purposes. Please allow 10 working days for your cheque to clear. E-cheques may take longer to clear. Only once has your cheque will we post your parcel.
PayPal and credit cards
You don't need a PayPal account to pay by PayPal. PayPal is run on a 128 bit secure server to ensure all your transactional information is protected to the highest standards. For more information please see www.paypal.com. NB: If you are a Wholesale customer, you will need to contact us in advance before making payment as there will be a 3.5% surcharge to pay (this is a direct cost from PayPal, we do not profit off this). If you'd like to avoid this surcharge please by an alternative payment method (such as by online bank transfer, cheque or postal order).
Gift vouchers and promotional offers
Please note that only one promotion can be used in a single order, the one of greater value would be the one applied.
To avoid disappointment, please ensure you use your gift voucher or promotional offer before the stated dead-line.
Promotion codes, discounts and gift vouchers cannot be transferred or exchanged for cash. Their cash value is £0.01.
If paying by post, please include details of the promotion you would like to use towards paying for your order. It is your responsibility to send gift vouchers to us by secure registered mail, as we cannot be held liable for items that are lost or delayed in the post.
DELIVERY AND SHIPPING:
The cost of delivery is calculated at checkout. If after viewing the delivery cost, you decide not to go ahead; you can always cancel the transaction. We do not usually have one fixed delivery charge, because we think it's only fair to charge at "cost" only.
The price you pay depends on:
- the size and weight of the products your order
- the shipping location
- and the delivery service opted for (ie: second class post)
Occasionally we may run ‘free UK delivery’ offers or other promotions – please check the relevant section of the website for details. Any such discounts will be automatically deducted at checkout.
To help the environment, we often used recycled packaging to ship your order. We trust this is ok with you, as we do try to minimise your costs.
We ship world-wide! Customers who are accepting imported goods, are advised to contact us in advance of paying, for a shipping quote. You should also be aware that you may be liable for any local import duties that apply.
We know how important it is that you receive your parcel as quickly as possible so we aim to process your order within 48 hours of payment clearing (once we have confirmed all your items are in stock).
Once your Goods are dispatched, we will email you with an approximate delivery date and (if relevant) a tracking number. In general, Goods being delivered to a UK address usually take 2-3 working days to arrive, however to avoid disappointment, please allow up to 10 working days.
Most of our parcels are delivered through the Royal Mail however we may also use other delivery companies. Once your parcel leaves our hands, we cannot be held liable for items lost, damaged or delayed in the post.
Please allow extra time for:
- Busy periods such as christmas, or periods of industrial action (ie if the Royal Mail go on strike)
- Parcels that are either too big for your letterbox, or that require a signature on receipt (ie if no-one is in to receive the parcel, you will either need to collect it from your local sorting office, or need to arrange a re-delivery).
- Parcels that are being shipped to a non-UK address
Further information: Royal Mail
Where is my parcel?
Once your item is in the post, we will email you with an approximate date for delivery. If after 10 working days your parcel has not arrived, please contact us and we will do our best to chase it up for you.
In the first instance, we recommend you contact your local sorting office, as parcels that are either too big for the letter-box or that need a signature upon receipt, are often held there. It may also be worth checking to see if the parcel has been left with any of your neighbours.
In general, you should be aware that the Royal Mail do not class an item missing until at least 15 working days (from the due date of delivery). If we declare your item as missing, then we may require your co-operation in filling in the necessary paperwork. Only once we have been refunded by the courier, are we then required to process your refund.
Please note that once your parcel leaves our hands and is in the post, we cannot be held liable for items that are lost, damaged or delayed. We will however, do our best to help you.
Any discrepancies or shortages within the order, or faulty or damaged items must be reported to us within 3 days of receipt of item(s) delivered.
If you are not happy with your purchase, you have a period of 7 days (the "Cancellation Period") within which to withdraw/cancel the transaction. The Cancellation Period begins the day after the day the Goods are delivered to you.
To cancel the transaction please e-mail us at email@example.com detailing your reasons why.
We will then confirm via email that your order has been successfully cancelled.
Refunds will only be processed, once:
- The items are returned to us, in the original condition you received them in (ie: un-opened and un-used).
- you have e-mailed us for an authorisation code, before returning the Goods
- any free gifts or buy one get one free items associated with an item are returned at the same time.
NB: for wholesale orders, we do not generally sell products on a sale or return basis. However, if the product has been damaged in transit or is faulty, please contact us within 3 days of order receipt. Strictly NO returns on underwear, stock that has clearly been described as “sold as seen” or “used” or cut ribbons. Food items are also non-returnable due to food safety concerns. Goods being returned are done so at your own expense, as postage is seen as a direct cost. Any refund of this amount will be at our discretion. Refunds will be given at the sole discretion of the Company Management. The monetary value of promotion codes and discounts will not be refunded in cash, however you may still use them on your next order (provided they are still in date). Once we have received the returned goods, we will refund you within 14 days. The refund will go back into the original charged account.
In the first instance, if you'd like to return your item(s), please email us at firstname.lastname@example.org so that we can give you an authorisation code and know what item(s) to expect back. It would also be useful if you could describe the reason(s) for the return. Please then package the Goods securely and return to the address above. Any free gifts or buy one get one free items associated with an item must be returned at the same time. We recommend you opt for “Recorded Delivery” or in the least obtain a "Proof of Postage" certificate from the post office, as we cannot be held responsible for Goods lost or damaged on return to us. Goods being returned are done so at your own expense, as postage is seen as a direct cost. Any refund of this amount will be at the sole discretion of the Company Management. Please don't forget to email us the tracking number!
For retail orders; we will pay for the delivery charge of your first exchange if you are a UK customer. Subsequent exchanges however will be charged at the standard delivery rate. Wholesale orders however may be different, please contact us for further information.
From time-to-time we may run cake decorating competitions. These are purely just for fun. Judging will be based on the workmanship, creativity and presentation of the cake. A panel of informal judges will select the winning photograph. To make sure the competition is fair, you may not enter if you are employed, or are related to anyone at CakeToolbox. You must be 18 years of age or older to enter the competition. The judges decision is final. CakeToolbox.co.uk also has the rights to refuse entry. Each entry must be the sole unaided work of the competitor whose name appears on the entry form. To enter, each competitor must submit a photograph and complete an entry form. Only one entry per person. Photographs must be of good quality and no smaller than 6”x4” (15cmx10cm). Please ensure you mark the back of each entry photograph with a label bearing the name and address of the competitor. By entering the competition, you are agreeing that any photographs supplied of your cake may be used in promotional material. Any entries that do not comply with our rules and regulation will be disqualified. Please email us for a full details of our competition terms and conditions.
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