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(1) Introduction
You must abide by these rules in order to use our website, and by doing so, you fully accept these rules. You must not use our website if you disagree with these terms and conditions or any part of these terms and conditions.
(2) Licence to use website
The website and the content on it are the property of us or our licensors, unless otherwise specified. All of these intellectual property rights are reserved, subject to the licence below.
In accordance with the limitations outlined below and elsewhere in these terms and conditions, you are only permitted to view, download for temporary storage, and print pages from the website for your own personal use.
You must not:
(a) Republishing content from this website in any format, including republication on another website, is prohibited;
(b) market, lease, or sublicense website content;
(c) display any website content in public;
(d) use information from our website for commercial purposes by copying, reproducing, or in any other way exploiting it;
(e) alter any content on the website in any way; or
(f) Republish content from this website [aside from material that has been expressly and specifically made available for republishing.
(3) Acceptable use
You are not permitted to use our website in any way that endangers it or that could endanger its availability or accessibility. You are also not permitted to use it for any purposes or activities that are unlawful, illegal, fraudulent, or harmful.
Use of our website to copy, store, host, transmit, send, use, publish, or distribute any content that contains (or is linked to content that contains) spyware, a computer virus, a worm, a keystroke logger, a rootkit, or other harmful computer software is strictly prohibited.
Without our express written consent, you may not engage in any systematic or automated data collection activities (such as, but not limited to, scraping, data mining, data extraction, or data harvesting) on or in connection with our website.
You may not transmit or send unsolicited commercial communications using our website.
Without our express written consent, you are not permitted to use our website for any marketing-related purposes.
(4) Restricted access
Our website has some areas that are restricted in access. We reserve the right, in our sole discretion, to restrict access to other areas of our website or even the entire website.
You are responsible for keeping your user ID and password private if we give them to you so you can access password-restricted areas of our website or other content or services.
In our sole discretion, we may disable your user ID and password without prior warning or justification.
(5) User generated content
In these terms and conditions, "your user content" refers to any material that you submit to our website, for any reason, including text, images, audio, video, and audio-visual content.
You give us a perpetual, irrevocable, non-exclusive, worldwide licence to use, copy, modify, publish, adapt, translate, and distribute your user content in any format now known or later developed. You also grant us the right to sublicense these rights as well as the right to sue for their infringement.
Your user content cannot be unlawful or illegal, it cannot violate the legal rights of any third party, and it cannot give rise to legal action against you, us, or a third party (in each case under any applicable law).
Any user content that is currently or has ever been the subject of legal action, pending legal proceedings, or another similar complaint is not permitted to be submitted to the website.
Any content submitted to, stored on, hosted, or published on our website may be edited or removed at our discretion.
Despite our rights under these terms and conditions with regard to user content, we do not commit to watching over how it is submitted to or published on our website.
(6) Limited warranties
While we make every effort to ensure that the information on this website is accurate (aside from user-generated content), we do not guarantee its completeness or accuracy. We also do not promise that the website will always be available or that the information on it will be kept up to date.
To the fullest extent permitted by applicable law, we disclaim all guarantees of merchantability, fitness for a particular purpose, and/or use of reasonable care and skill, as well as all other representations, warranties, and conditions with respect to this website and the use of this website.
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our responsibility for fraud, for wrongful death or personal injury brought on by our negligence, or for any other liability that cannot be waived or limited in accordance with applicable law.
In accordance with this, our liability to you in connection with your use of our website or in accordance with or related to these terms and conditions, whether in contract, tort (including negligence), or otherwise, will be strictly limited as follows:
(a) We will not be held responsible for any loss or damage of any kind to the extent that the website and the information and services on the website are provided without charge;
(b) We disclaim responsibility for any indirect, consequential, or special loss or damage;
(c) We won't be held responsible for any loss of revenue, income, profits, savings that were anticipated, contracts, business, goodwill, reputation, data, or information;
(d) We disclaim responsibility for any loss or damage brought on by a circumstance or circumstances outside of our reasonable control;
(e) The most we will be liable for is AMOUNT in relation to any one event or series of related events.
(f) Indemnity
You hereby agree to hold us harmless from any losses, damages, costs, liabilities, and expenses (including, without limitation, legal fees and any amounts paid by us to a third party in settlement of a claim or dispute on the recommendation of our legal advisers), incurred or suffered by us as a result of any violation by you of any term or condition of this agreement, or as a result of any claim that you have violated any term or condition of this agreement.
(g) Breaches of these terms and conditions
Without limiting our other rights under these terms and conditions, if you violate any of them, we may take whatever action we deem necessary to remedy the situation, which may include blocking your access to the website, preventing you from accessing it, preventing computers using your IP address from accessing the website, contacting your internet service provider to ask them to do so, and/or bringing legal action.
(h) Variation
From time to time, we might change these terms and conditions. The use of our website will be subject to the updated terms and conditions as of the date on which they are published there. To make sure you are familiar with the most recent version, please visit this page frequently.
(i) Assignment
Without informing you or getting your permission, we may transfer, subcontract, or otherwise deal with our rights and/or obligations under these terms and conditions.
Your rights and/or obligations under these terms and conditions may not be assigned, subcontracted, or dealt with in any other way.
(j) Severability
The other clauses of these terms and conditions will remain in force if any court or other competent authority finds any clause to be void and/or unenforceable. Any provision that would be unlawful and/or unenforceable if part of it were deleted will be deemed to be deleted, and the remainder of the provision will remain in force.
(k) Exclusion of third party rights
These terms and conditions are only meant to benefit you and us; they are not meant to be enforceable by or in the interest of any third party. No third party's approval is required for us or you to exercise our rights in connection with these terms and conditions.
(l) Entire agreement
These terms and conditions, along with our privacy statement, represent the entire understanding between you and us regarding your use of our website, superseding any prior understandings with regard to such use.
(m) Law and jurisdiction
Any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales. These terms and conditions will be governed by and construed in accordance with English law.
(n) Registrations and authorizations
We are registered with Craven Council, and have been approved with a 5 Star rating.
(o) Our details
The full name of our company is Craving Cake
You can contact us by email to XXXX.
The following Terms & Conditions are accepted by you when placing an order from CravingCake
Order confirmation over the phone and online cannot be guaranteed until payment has been received. Pro forma payment is highly advised for orders placed using an invoice, and we reserve the right to cancel any order that is not paid for by the delivery date. The issuance and receipt of your invoice are considered confirmation of your order, and in the event that your order is cancelled or delayed, invoices will still be due because we may have had to turn away other customers and begin preparations for your order.
On the date specified in your order, deliveries are made personally or by Royal Mail. On the day of your order, please make sure someone will be at the delivery address to accept the cupcakes. If no one is there, we will try our best to leave the cupcakes in a safe place (with a neighbour, receptionist, caretaker, etc.), but we cannot keep the cupcakes for a subsequent delivery; they will be left at the address you have provided. Although all of our drivers are trained in proper cake handling techniques and will always impart this knowledge to any post room staff, we cannot accept responsibility for how your cupcakes are handled after the cakes have been signed for.
Additionally, if collections are accessible. After the cakes have left the bakery, we are not responsible for any damage sustained in transit.
We do not accept returns on any of our cakes or cupcakes because they are all baked to order. You will only be eligible for refunds, credit notes, or replacement orders of equal value if you receive the wrong item or the products turn out to be of subpar quality. If this is the case, or if you are unhappy in any other way with the state or calibre of your cakes when they arrive, you must get in touch with us right away. After this time, CravingCake will not be held responsible for any complaints.
On our website, blog, Twitter, and Facebook pages, we reserve the right to post pictures of the orders we prepare. You must let us know at the time of ordering if you specifically want us to comply with your request that we not use pictures of your order or that we send you a picture of your order.
Please get in touch with us as early as possible if you need to modify the date, specifics, or all of your order. Orders placed over the phone or online that are cancelled 10 days or more before the delivery or pickup date are eligible for a full refund of the order amount; orders cancelled between 5 and 9 days before the delivery or pickup date are eligible for a 50% refund; and orders cancelled within 48 hours of the order date are not eligible for a refund.