Terms of use agreement

Please carefully read the following terms and conditions (the “Terms” or “Terms of Use”) because they constitute a binding agreement between you (also. Referred to as the “Customer” and The Crafted Cake House. By accessing the Website or by using any of The Crafted Cake House’s services, you indicate your acceptance to these Terms. If you do not agree with any or all the Terms of Use, you may not access the Website or use any of its services. Please feel free to submit any questions that you may have regarding the Terms to: admin@craftedcakehouse-co-uk.preview-domain.com.

The Service

1. Orders with less than seven (7) days’ notice will not be processed unless a deposit of not less than 50% of the value of your order has been received by no later than 10:00am GMT on the Thursday of that week. Any orders received, whether online, via telephone, messenger or in our shop that receive a deposit at 10:01am GMT or thereafter will be refused or, if paid hereafter, refunded, and do not constitute a booking, order or appointment.

Payments & Deposits

2. A deposit is to confirm a booking for a specific date only and is non-refundable.

3. It is the responsibility of the customer to check that any deposits have cleared with the bank and have been received by The Crafted Cake House.

4. If a deposit has not been confirmed to be in the bank or paid in cash by The Crafted Cake House, The Crafted Cake House accepts no liability for anything resulting from non-receipt of the deposit including but not limited to:

    (a) Orders not being processed;

    (b) Loss of date that has been requested by the Customer;

    (c) Loss or delay in returning funds to your bank account;

5. Where deposits are paid by bank transfer or on card or any other electronic means of payment The Crafted Cake House will check the designated bank account that a deposit or payment has been received and the total paid into to the account to confirm that any order can go ahead.

6. Where deposits are paid by bank transfer or on card or any other electronic means of payment it is the responsibility of the Customer to ensure that it is received by The Crafted Cake House.

7. Should there be any issues preventing the transaction from appearing in the bank of The Crafted Cake House it is the responsibility of the Customer in taking the steps to ensure:

    (a) The funds are available for processing the payment;

    (b) Your bank has a record of the payment;

    (c) Your bank has confirmed the payment on time;

    (d) Your bank has processed the payment;

    (e) That the correct sum of money has been paid;

8. The Crafted Cake House reserve the right to cancel any order at any time for any reason.

Images & Looks

Although from time to time on custom cake or cupcake design The Crafted Cake House will endeavour to provide source the images required by the Customer, however:

9. The Crafted Cake House accepts no responsibility for the images that are used for printing on cakes and the following terms apply:

    (a) It is the sole responsibility for the Customer to provide any images they wish to be used for the cake they order;

    (b) Images must be supplied at a relevant quality to the size of the item it needs to be printed on;

    (c) All angles of anything you want printed or turned into icing figures or any other decorative items are provided;

    (d) Customer has any required copyright for images or permission to use images provided;

    (e) That all supplied images are correct and have been checked by the Customer for any errors;

10. Any work that is undertaken using Photoshop to retouch, resize or in any way manipulate images to be used for any items are charged extra and will be part of the original quote.

11. The Customer accepts that failure to provide images within a reasonable timeframe for the design of their cake risks the cake not including the requested image but still being fully charged at the agreed price.

Extra Work & Decorations

12. Should the Customer request any amendments to the design that was originally agreed upon at the time a deposit was paid, whether these are included or not will solely be down to the discretion of The Crafted Cake House and the following will be applied:

    (a) You will accept the quote for the extra-cost of the work on the cake and must pay that extra amount in full as part of your deposit on the day you have requested the amendment;

    (b) Failure to make the payment outlined in (a) on the day of the agreed amendment will result in the item not being amended and any subsequent extra payment will be deducted from the total amount outstanding for the cake when it is completed;

    (c) Reasonable notice has been given for The Crafted Cake House to carry out any amendments;

13. It is the responsibility of the Customer to provide The Crafted Cake House with any toys or models that are required for the decoration of the cake.

14. In some circumstances The Crafted Cake House will agree to source toys or decorations requested by the customer that we do not otherwise have as normal stock. However, the following terms apply:

    (a) A sourcing fee of not less than 40% of the original cost of the product or products will be added to original cost;

    (b) It is the Customers responsibility to provide us with the specific details of the exact item that you require;

    (c) The Crafted Cake House cannot guarantee that the exact product you have requested is available, and neither can they guarantee being able to find it;

    (d) Costs of products vary, and The Crafted Cake House takes no liability for what the cost may be;

    (e) The Crafted Cake House will attempt to contact the customer to inform them if the original quote for the product must be increased for any reason;

    (f) No refunds will be issued for any products purchased on behalf of the Customer, however, should there be any deficiencies with the product, The Crafted Cake House will provide the Customer with the contact details of the source so they can arrange for a replacement or refund with the supplier;

    (g) In cases relating to (f) The Crafted Cake House will not refund the extra money that has been added to the cost of sourcing the product;

    (h) The Customer accepts that any products that are sourced may not be an exact match to the product they have requested and accept they will still be charged for the product/s purchased on their behalf for their cake or cupcakes or any other item that The Crafted Cake House are providing for them;

15. Products may vary slightly from their pictures: All our cakes, cupcakes and confectionery products are freshly baked and crafted by hand, each day.

16. As every item is as individual as the person who made it, slight variations from the original website image may occur.

17. The images of all products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

18. We do not guarantee colours will be an exact match to those you send to us as examples – such as images that are sent digitally. We endeavour to ensure that colours of icing and print are as close as we can to what is requested, however images that are sent to us digitally via email or social media in digital format will vary from display to display. This is because all monitors and phones display colours slightly differently. There are also limitations due to having to mix set icing colours to get to the correct colour. Furthermore, food colouring printers will vary in the colour they print out.

Return, refund and cancellation policy

19. Should you need to cancel or amend any order, we require seven (7) working days’ notice to arrange this for you.

20. Should your order be damaged this should be reported immediately via email, live chat or by calling us on 0113 2534455. Photographic evidence must be provided and approved. Please note we are unable to accept returns.

Delivery

21. If you’re out when our driver arrives, we will try and make contact on the number provided to see if we can deliver to somewhere else within a reasonable distance or leave with neighbour. Should you wish for us to deliver somewhere else that is more than half-a-mile from that destination you will first need to provide a payment for the extra delivery costs incurred.

22. In such circumstances where we cannot contact you the goods will be taken back to our shop and we will endeavour to take reasonable steps to contact you but provide no guarantees. The Customer accepts that it is their responsibility to contact The Crafted Cake House to re-arrange delivery or pick-up times.

23. It is the responsibility of the Customer to be available when we attempt to contact you for anything regarding your cake, this includes but is not limited to the design of your cake and the arrangements for delivery and/or picking up your cake.

Time & Date of Pickup or Delivery

24. A time and date for delivery or pickup will be agreed at the time the order is confirmed with a deposit of not less than 50% of the value of the order.

25. The Customer accepts that the deposit is to guarantee that a specific date is reserved for their order only, and that the order will only be released to the customer upon receipt of the remaining outstanding amount.

26. The Customer accepts that the date they have confirmed cannot be changed, however, should for any reason The Crafted Cake House agree at the Customers request to amend the date or time of delivery or pickup, which is at the discretion of The Crafted Cake House, the Customer accepts any risk of deficiencies that may arise out of early or delayed times that the cake is expected to be ready in. This is because cakes and other perishable goods are prepared at a specific time to ensure that they are at their best for the date and/or time that the customer had originally booked it for.

27. The Crafted Cake House does not accept liability and will still charge for the full price of an order and/or additional delivery fees for any issues of quality arising out of:

    (a) The Customer picking up their order before the time and date agreed when placing their order.

    (b) The Customer picking up their order after the time and date agreed when placing their order.

    (c) The failure of the Customer to contact The Crafted Cake House to inform us that the Customer is going to be late to pick up an order.

    (d) An attempt to deliver to an address and nobody being available to take in the cake.

    (e) Failure to provide an alternative delivery address and payment in advance upon situations arising out of (d).

    (f) The failure of the Customer to contact The Crafted Cake House in the event of The Crafted Cake House having to return to the shop with an order in circumstances where delivery has been unable to be made.

    (g) The failure of the Customer to contact The Crafted Cake House via telephone to re-arrange a pickup or delivery time and date.

28. The customer accepts that reasonable means of contact are by telephone to our shop on 01132 534455 between the hours of 8:00am-5:00pm Monday to Saturday & 10:00am-4:00pm on Sundays. Any other forms of way of contacting us is not guaranteed by The Crafted Cake House and is at the Customers own risk.

29. Please note that if we have to redeliver the order that it will be at your own cost and under these circumstances your order will not be re-baked unless you wish to pay for it.

Discount

30. Please note, discounts do not apply to delivery or merchandise items, unless stated otherwise.

Website Terms & Conditions:

Fees and Payments

31. When using the Website, you may review food and place an order for food and merchandise. Upon completing your order online, The Crafted Cake House will review your order and acknowledge receipt with an e-mail message that will be sent to your e-mail address. Please note that The Crafted Cake House’s e-mail notification does not constitute an acceptance of your order. The execution of your order and the charge of your credit card will be made directly by the venue that you ordered from and will be deemed as an acceptance of your order.

32. Offline orders, such as in our shop or via telephone, messenger or email are not confirmed until we have received a non-refundable deposit of not less than 50% of the value of your order.

33. The current rates of the items posted on the Website are provided by the appropriate food that prepare and deliver the food directly to you and not by The Crafted Cake House. Such venues may, at any time and in their sole discretion, change the rates and availability of any item in their menu. All fees are quoted in Pound Sterling unless expressly stated otherwise. Any changes in fee rates will take effect immediately after being posted on the Website.

34. You represent and warrant that you will pay all fees and taxes in a timely manner and in compliance with each food fee schedule. Failing to settle your payments may prevent you from further using the Website, notwithstanding any other remedies available to The Crafted Cake House under the applicable law.

Availability

35. Our services are available only to, and may only be used by individuals who can be legally bound by contracts under English law. Each user of the Website must have a valid credit or debit card and a valid e-mail address for contact purposes.

36. The Crafted Cake House’s services are available only for credit and debit card types which are listed on the Website.

37. The Website is not directed to children under the age of 18. If you are under 18 years old, you may browse the Website, however, you may not place an order online or provide The Crafted Cake House with any of your personally identifiable information. The Crafted Cake House will permanently delete a child’s personally identifiable information if a parent so requests by sending an e-mail to admin@craftedcakehouse-co-uk.preview-domain.com.

38. We do not sell alcoholic products to persons under the age of 18 as per the licensing Act 2003. Refusal of a store pickup or driver delivery is at our discretion. In placing an order containing alcohol you confirm that you, and the intended recipient(s), are aged 18 years or over.

Acceptable use of the Website

39. Subject to these Terms you may access and use the Website and order online.

40. The following Terms define the acceptable use of the Website. While using the Website you agree to refrain from wilfully, or carelessly –

    (a) Interfering with or disrupting the functionality of the Website;

    (b) Disobey or breach these Terms or any other applicable instructions conveyed by The Crafted Cake House and its officers;

    (c) Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;

    (d) Impersonating any person or entity, or making any false statement about your identity, employment, agency or affiliation with any person or entity;

    (e) Providing false or misleading credit card details and/or false delivery address when placing an order online;

    (f) Displaying the Website or any part thereof in an exposed or concealed frame;

    (g) Linking to certain elements on the Website independently from the web pages on which they originally appear;

     (h) Email, transmit or otherwise make available any information and materials that infringes third party’s right, including Intellectual Property Rights;

     (i) Email, transmit or otherwise make available software viruses, Trojan horses, warms and any other malicious application to computers and networks;

    (j) Email, transmit or otherwise make available any information or material which may constitute or encourages conduct that would constitute a criminal offence or civil wrongdoing or otherwise violets any applicable law;

    (k) Email, transmit or otherwise make available any information or material which may be deemed threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable.

Links to other sites

41. The Website may include links to content on other web sites and online services. The Crafted Cake House does not operate or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, The Crafted Cake House does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. The Crafted Cake House assumes no responsibility or liability for such third party websites or services, or for their availability.

42. The Website may include paid advertisements, sponsored links and commercial information (the “advertisements”). By clicking on the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. The Crafted Cake House is not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages or offers.

Privacy

43. The Crafted Cake House respects your privacy. Click here to read the current privacy policy of the Website. It forms an integral part of these Terms.

44. Given that the privacy policy may change from time to time, it is recommended that you read it periodically.

Intellectual Property

45. The intellectual property rights in the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of The Crafted Cake House, or of third parties by whom The Crafted Cake House was licensed according to law. These rights apply, among others, to any textual and non-textual information, including menus, images, graphic design, data and its processing, the Website’s computer code and any other detail concerning its operation.
You may not copy, duplicate, distribute, sell market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without receiving The Crafted Cake House’s explicit prior consent in writing.

46. Trademarks appearing on the Website (whether registered or not), the name of The Crafted Cake House Inc. and its trademarks as well as the Website’s Domain name – are the sole property of The Crafted Cake House and of food and dining venues. You may not use them without The Crafted Cake House’s or the relevant venue’s prior written consent.

Changes and Availability

47. The Crafted Cake House may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any previous notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall not have any plea, claim or demand whatsoever against The Crafted Cake House ensuing from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction. The Website is depended on different factors such as software, hardware and communication networks of The Crafted Cake House, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence The Crafted Cake House can’t guarantee that the Website will not be disturbed, will be timely, secure or error free.

Termination of operation

48. The Crafted Cake House may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. The Crafted Cake House may not give any notice prior to the termination of the Website. At any time, certain content or service may be blocked, removed or deleted without maintaining any backup copy.

49. You agree and acknowledge that The Crafted Cake House does not assume any responsibility with respect to or in connection with the termination of the Website’s operations and loss of any data as a result.

Amendments to the Terms

50. The Crafted Cake House may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after an initial notification was posted on the Website’s homepage or any other relevant web pages on the Website. Other changes will take effect 7 days after their initial posting on the Website, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.

51. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.

Disclaimer of Warranty

52. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE “AS IS”, AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS The Crafted Cake House IN RESPECT OF THE WEBSITE’S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF THE WEBSITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

53. INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING MENUS AND DELIVERY TERMS, ARE PROVIDED BY THE FOOD AND DINING VENUES AND AT THEIR SOLE RESPONSIBILITY. The Crafted Cake House DOES NOT WARRANT AND HEREBY DISCLAIMS ANY WARRANTIES, THE CRAFTED CAKE HOUSE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE IS FREE FROM ALL HARMFUL COMPONENTS. USE OF INFORMATION OR CONTENT OBTAINED FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK.

Limitation of Liability

54. The Crafted Cake House, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER ” The Crafted Cake House’s GROUP”) WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS, COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE, OR FROM NEGLIGENT ACTS OR WRONGDOINGS OF FOOD AND DINING VENUES, OR FROM THE UNAVAILABILITY OF ORDERED ITEMS, OR FROM DELIVERY DELAYS, OR FROM ANY UNINTENTIONAL FAULT OR ERROR MADE BY The Crafted Cake House’s GROUP’S STAFF, OR FROM ANY FRAUDULENT ACTIVITY OR UNAUTHORISED USE OF CREDIT AND DEBIT CARDS, OR FROM ANY COMMUNICATION WITH The Crafted Cake House, REGARDLESS OF WHETHER The Crafted Cake House HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

55. You hereby agree to indemnify, defend and hold harmless The Crafted Cake House at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses, and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the Website, or the order, shipment and use of the Products.

General

56. The Terms and Conditions constitute the entire agreement between you and The Crafted Cake House with respect to the use of the Website and the services therein.

57. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by The Crafted Cake House, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by The Crafted Cake House’s authorised representative.

58. The Terms and Conditions will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of these Terms.

59. Failure on The Crafted Cake House’s part to demand performance of any provision in the Terms will not constitute a waiver of any of The Crafted Cake House’s rights under the Terms.

60. The United Nations Convention on Contracts for the International Sale of Goods will not govern the Terms.

Changes in Ownership

61. The Crafted Cake House may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to these Terms are not harmed by the transfer of rights. In that case, a copy of the details and information related to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.

No Assignment

62. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without The Crafted Cake House’s prior explicit and written consent.

Interpretation

63. The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms. “including”, whether capitalised or not, means without limitation.

Severability

64. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.

Survival

65. The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.

Governing Law

66. Governing Law, Jurisdiction
These Terms will be governed by and construed in accordance with the Laws of England.

Contact details

You may contact The Crafted Cake House by email at: admin@craftedcakehouse-co-uk.preview-domain.com , or by using the contact details hereunder. However, you should contact the relevant food and dining venue directly with any question that you have concerning the delivery of the order and any other matter related to the order transaction. The Crafted Cake House may publish in public, including on the Website, any communications with you, provided that your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.

The Crafted Cake House contact details:
The Crafted Cake House
29 Queen Street,
Morley,
Leeds,
LS29 8EE
admin@craftedcakehouse-co-uk.preview-domain.com