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Terms and Conditions

Terms and conditions for familycakes.co.uk

Overview

This website is operated by The Family Cake Company. Throughout the site, the terms “we”, “us” and “our” refer to The Family Cake Company. The Family Cake Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here or in other policies.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Site Access

1.1  You will be able to access the majority of our website without having to register any details with us. However, particular areas of our website will only be accessible if you have registered, for example to purchase products or to check your account.

Use of Website

2.1  You are permitted to use our website for your own purposes and to print and download material from our website for your own personal consumption provided that you do not modify any content without our consent. Material on this website must NOT be republished online or offline without our permission.

2.2  The copyright and other intellectual property rights for all material on our website are owned by us and must not be reproduced without our prior consent.

2.3  Subject to paragraph 2.1, no part of our website may be reproduced without our prior written permission.

Site Uptime

3.1  We take all reasonable steps to ensure that our website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if our website is unavailable at any time.

3.2  Our website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

Visitor Conduct

4.1  With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to our website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

4.2  You shall not post or send to or from our website any material:

  • for which you have not obtained all necessary consents;
  • that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
  • which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

4.3  We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.

Links to and from other websites

5.1  Any links to third-party websites located on our website are provided for your convenience only. Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. If you choose to access a third-party website linked from our website, it is at your own risk.

5.2  If you would like to link to our website, you may only do so on the basis that you link to, but do not replicate, any page on our website, and subject to the following conditions:

  • you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  • you do not misrepresent your relationship with us or present any false information about us;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

5.3  If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

5.4  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Optional Tools

6.1  We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

6.2  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

6.3  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

6.4  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

User Comments, Feedback and Other Submissions

7.1  If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

  • maintain any comments in confidence;
  • to pay compensation for any comments; or
  • to respond to any comments.

7.2  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

7.3  You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Disclaimer

8.1  We take all reasonable steps to ensure that the information on our website is correct. However, we do not guarantee the correctness or completeness of material on our website. We may make changes to the material on our website at any time and without notice. The material on our website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

8.2  The material on our website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of our website on the basis that we exclude all representations, warranties and conditions which but for these Terms and Conditions may have effect in relation to our website.

8.3  We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

8.4  We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.

8.5  You agree that from time to time we may remove our website for indefinite periods of time or cancel the website at any time, without notice to you.

Exclusion of Liability

9.1  Neither we nor any other party (whether or not involved in producing, maintaining or delivering our website), shall be liable or  responsible for any kind of loss or damage that may result to you or a third-party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

9.2  Nothing in these Terms and Conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

9.3  You expressly agree that your use of, or inability to use, our website is at your sole risk. Our website and all products and services delivered to you through our website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

9.4  In no case shall The Family Cake Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website or any products procured using our website, or for any other claim related in any way to your use of our website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our website or any content (or product) posted, transmitted, or otherwise made available via our website, even if advised of their possibility.

Indemification

10.1  You agree to indemnify, defend and hold harmless The Family Cake Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

11.1  In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

12.1  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

12.2  These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website, or when you cease using our site.

12.3  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Prohibited Uses

13.1  In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, harm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.

Online Shop

14.1  By agreeing to these Terms and Conditions, you represent that you are old enough to do so. Our website is suitable for all ages, but we do ask that all users of our online shop either are in charge of their own bank account or have the bill payers permission to spend funds.

14.2  You may not use our products for any illegal or unauthorised purpose nor may you, in the use of our website, violate any laws in your jurisdiction (including but not limited to copyright laws).

14.3  You must not transmit any worms or viruses or any code of a destructive nature.

14.4  A breach or violation of any of the Terms and Conditions will result in an immediate termination.

14.5  We reserve the right to refuse service to anyone for any reason at any time.

14.6  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

14.7  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

14.8  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

14.9  Prices for our products are subject to change without notice.

14.10  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

14.11  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

14.12  Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

14.13  We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

14.14  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

14.15  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

14.16  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

14.17  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

Entire Agreement

15.1  The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

15.2  These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

15.3  Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Jurisdiction

16.1  These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with English Law. Any dispute(s) arising in connection with these Terms and Conditions are subject to the exclusive jurisdiction of England and Wales.

Our Details

Our business’s name is:     The Family Cake Company

Our contact details are:    20 Tile Yard Road, London N7 9AH

PLEASE ALLOW 1 WEEK'S NOTICE FOR ALL BESPOKE CAKES & FIGURES!