Terms & Conditions
This document is only available in English.
The following constitutes a legal agreement between a visitor (“you”) and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.
When purchasing a Products, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box purchasing a Products and do not attempt to access the Site.
Our Site is established to enable you to choose and purchase Products from our Site (Products) that we offer for sale online.
1. The Seller
1.1 This site is owned and operated by Allergy Free Cakes from Heaven Limited trading as THE HEAVENLY CAKE COMPANY (“us”, “our” or “we”).
Allergy Free Cakes From Heaven Limited is a limited liability company incorporated in England and Wales with Registered Number 06497049 and whose Registered Office is Unit One, 139 Brookmill Road, London SE8 4JH.
1.2 If you want to ask us anything about these terms and conditions or have any comments on or complaints about our website, please email us at info@theheavenlycakecompany.co.uk
2. Order Processing and Payment
2.1 A minimum of 3 working days (2 working days for emergencies) is required for all orders subject to prior written agreement.
2.2 All orders will be acknowledged but are subject to availability of Products and acceptance of your order. We will not consider ourselves bound by a contract with you until:
2.2.1 for orders with a value stated as part of the Services of £500.00 or less, we have issued an email acknowledging your order and payment has been taken or received by us, whichever is later;
2.2.2 for orders with a value stated as part of the Services of over £500.00, we have also given you written confirmation of acceptance of your order in addition to the conditions set out in clause 2.2.1.
2.3 Payments by credit card or debit card will normally be debited within 24 hours.
2.4 Payment may be made by credit card, debit card, PayPal. No payment shall be deemed to have been received until we have received cleared funds.
2.5 You shall make all payments due under the Agreement without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
2.6 In the event that payment is not received by us by the due date, we shall be entitled to suspend all other deliveries until payment is received and/or repudiate the Agreement. In such event, we shall be entitled to sell any Products in its possession and you shall indemnify us for any loss thereby.
2.7 If you fail to pay us any sum due pursuant to the Agreement you will be liable to pay interest to us on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of Lloyds Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment.
2.8 All payments payable to us under the Agreement shall become due immediately upon termination of the Agreement despite any other provision.
2.9 You will be liable for all costs incurred by us in the recovery of debts not paid by the due date.
3. Our Products
3.1 Products made in our kitchens are made by hand and accordingly there will be minor variations in appearance. All illustrations and descriptions displayed The Heavenly Cake Company website or distributed by email, brochure or in any other way are for guidance purposes only and will not form part of the Agreement.
3.2 Products are made in a dairy, soy, egg and nut free kitchen, we do not guarantee trace free from any particular ingredient. Gluten free products are made in same kitchen where spelt is used.
3.2 We reserve the right to make alterations to the design, appearance and technical specifications of our Products from time to time and at such time or at any other times, to make alterations to our advertised information concerning such Products, without notice. We reserve the right to substitute some or all of the contents or packaging with an item of equal or greater value without notice.
4. Prices
4.1 Prices stated as part of the Services include VAT as applicable.
4.2 Delivery charges on the Delivery page are indicative only and we reserve the right to charge the actual cost of delivery without notice.
4.3 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.
4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
4.5 Our Site contains a large number of Products and 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 order confirmation procedures, so that where a Products correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Products correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Products for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
4.6 Payment for all Products for delivery must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.
4.7 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
4.8 Payment for all Products for collection must be in cash on the day of collection. We do not accept credit/debit cards for orders that are being collected.
5. Delivery & Collection
5.1 The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you by pre-arranged appointment only, within a given time slot which we will notify to you in the Order Confirmation.
5.2 We deliver to any postal address in the United Kingdom including Northern Ireland and the Scottish Isles. We do not deliver to the Republic of Ireland except Dublin Channel Islands and the Isle of Man or to any other country outside the United Kingdom.
5.3 Our delivery service is not available on Saturdays, Sundays, Mondays, UK public holidays or for one day after a public holiday.
5.4 We will endeavour to deliver on the date that you specified in your order between 8am and 7pm or if you selected timed delivery (before 10:30am or morning – before midday). Delivery on the date and at the time specified in your order is intended to be an estimate, is not guaranteed and is not of the essence.
5.5 If for any reason no one is present to receive delivery of the Products at the delivery address you have provided the courier will return to the depot with your Products and leave instructions for you to rearrange delivery. Please follow the instructions given by the courier and contact depot directly, you will need your consignment number and postcode as a reference.
5.6 If Products are damaged in transit, the maximum amount payable in respect of these Products will be limited to the price of the Products damaged. See further clause 5.7 below.
5.7 Subject to the other provisions of these Terms and Conditions we will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by our negligence), nor will any delay entitle you to terminate or rescind the Agreement unless such delay exceeds 30 days.
5.8 Delivery notes must be checked and signed by you or on your behalf at the time of delivery.
5.9 It shall be your duty to examine the Products upon delivery to ensure that the delivery is complete and that the Products have not been damaged in transit.
5.10 If for any reason you will not accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate documents, instructions, licences or authorisations:
5.10.1 risk in the Products will pass to you (including for loss or damage caused by any negligence by us);
5.10.2 the Products will be deemed to have been delivered; and
5.10.3 we may store the Products until delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance).
5.11 If you properly reject any of the Products which are not in accordance with the Agreement you shall nonetheless pay the full price for such Products unless you return such Products to us at your own cost with our prior consent within five working days of delivery.
5.12 We shall not be liable whatsoever if you fail to give such notice of damage or non-delivery and any such damage to the Products shall be deemed to have occurred after transit or delivery, unless the contrary is proven by you.
5.13 You are required to enter full and accurate details, including the name, address and postcode, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
5.14 Deliveries to hospitals, military bases and business addresses will be delivered to a main reception or mailing room prior to internal distribution. Deliveries cannot be made to PO Box addresses. All deliveries made to hospitals must include the ward name or number in the relevant address field.
5.15 If for any reason you find yourself unable to collect your order you will need to notify us on the number provided with collection confirmation immediately to re-arrange a suitable time. We will retain your ordered Products for collection by you for 24 hours, or upon payment of the delivery charge by debit/credit card we may be able to arrange to deliver to you within our delivery time slot during the next 24-48 hours (subject to delivery availability).
6. Force Majeure
5.1 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
7. Cancellation
7.1 Only order amendments or cancellations which are given at least 3 working days before the intended delivery date may be accepted. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day. To cancel orders, please email info@theheavenlycakecompany.co.uk
7.2 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
8. Refund Policy
8.1 Refunds for damaged Products are given once inspected by us. We will need to emailed photos of Products and packaging within 1 day of delivery. The maximum amount payable is limited to the price of the damaged Products.
8.2 Refunds are not given for disliking taste of our Products as this is subjective.
8.3 Refunds are not given for late delivery (see clause 5.7)
9. Personal Messages
9.1 You must agree that any messages posted by you for the piped message or on gift card sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.
9.2 You are entirely responsible for any text or other material which you send on this message system and we accept no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the relevant Services at any time and without liability to you in the event of any such objectionable message.
10. Risk & Title
10.1 The Products are at your risk from the time of delivery.
10.2 Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Products and all other sums which are or which become due to us from you on any account.
10.3 Until ownership of the Products has passed to you, you must:
10.3.1 hold the Products on a fiduciary basis as our bailee;
10.3.2 store the Products (at no cost to us) in such a way that they remain readily identifiable as our property;
10.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products.
10.4 Your right to possession of the Products shall terminate immediately if:
10.4.1 you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or you otherwise take the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) you convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or you have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order against you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
10.4.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the Agreement or any other agreement between us and you, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade.
10.5 We shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from us.
10.6 You grant us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.
11. Our Right to vary these Terms & Conditions
11.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, 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.
11.2 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 invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
12. System Requirements
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
13. Misuse of the Site
13.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.
13.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.
14. Assignment
14.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
14.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
15. Customer Services
15.1 Because of their perishable nature, cakes are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with your email info@theheavenlycakecompany.co.uk, quoting your order reference number.
15.2 In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 day of the date of delivery or intended delivery of your purchase.
16. Disclaimer
16.1 Whilst we agree to use our reasonable endeavours to ensure that The Heavenly Cake Company website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of our website or Services and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Heavenly Cake Company website and/or the Services impossible or impractical.
16.2 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
16.3 The content, information and material on this Website is provided “as is” without any conditions, warranties or other terms of any kind.
17. Liabilities
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased.
18. Indemnity
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
19. Intellectual Property and Content
19.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
19.2 You will infringe our rights if you copy or reproduce any part of the Site save for:
19.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
19.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or
19.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or
19.2.4 your own personal use provided that:
19.2.4.1 no documents or related graphics on the Site are modified in any way;
19.2.4.2 no graphics on the Site are used separately from the corresponding text; and
19.2.4.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
19.3 For the purposes of this Clause 16 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
20. Third Party Rights
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
21. Law & Legal Notices
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
22. Acknowledgements
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from every page of our website www.theheavenlycakecompany.co.uk.
