Terms and Conditions of Sale


Introduction

These Terms and Conditions of Sale set out how you (the User) can make purchases from our Site. Please read them carefully. We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your purchase. Ahead of making any purchase you will be asked to tick a box on our Site which says “I Accept the Terms and Conditions of Sale”. In ticking that box, you will be accepting the terms set out here.

We are based in the UK and our Terms of Purchase are governed by UK legislation. 
The Website Terms of Use for our Site and our Privacy Statement can be found on separate pages. 

It is always our aim that you will be fully satisfied with your purchase. Should you have any questions about your purchase we will be happy to assist. 
 
Purchase Terms for Our Cakes
 
We have worked hard to create products of high quality. For the individual detail and specification of each product, please see the product description which accompanies each product listing. Please note that we take all reasonable steps and care to ensure that all details, product descriptions and prices of products are accurate. Although we aim to keep this Site as up-to-date as possible, the information available on the Site may not reflect the availability position at exactly the moment you place an order.

Images of products on our Site are for illustrative purposes only. We make every effort to ensure that images are captured and displayed accurately but we cannot guarantee that the products are displayed accurately on your device. The products that you order and the packaging of the products may vary from the images on the Site.

Cancellation Rights

As a consumer purchasing online you may have the legal right to cancel your order with us. 
You need not provide a reason for cancelling your order; however, you must email us at cakesbyjothompson@gmail.com to cancel your order. Please include your order date in the correspondence. We will then respond by email to confirm that we have received notification of cancellation. 

If we have not yet dispatched the product before you cancel then we will process your refund within 14 days of your cancellation. 

Please note that whilst we provide refunds in accordance with the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013, as set out above, as permitted by that legislation, we are unable to accept refunds of the following:

1.    Items which cannot be returned for health and hygiene reasons, unless the returned to us unused and in a fully resalable condition with all hygienic seals in place and unbroken;
2.    Items which are personalised or made to your specification;
3.    Products which are liable to deteriorate or expire rapidly.  

 
Faulty Goods

Nothing in these terms affects your legal rights in respective of products which are defective, not of satisfactory quality or not as described. 

If you think a product is not satisfactory or mis-described then please email Jo Thompson at Cakesbyjothompson@gmail.com with a detailed description of the fault and, if possible, photographs of any issues or damage to the products. 

You will need to return any damaged products to:
Cakes By Jo Thompson, 3 Samuelson Croft, Hessle, East Riding of Yorkshire, HU13 0GJ

 
All returns made as potentially defective will be examined once they have been received by us and we will notify you via email to confirm if you are entitled to a refund. Faulty goods will be replaced with a like for like replacement where possible. If you are entitled to a refund this will be provided within 30 days of when we notify you via email that you are entitled to a refund. If you are entitled to a refund as a result of a defective product, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.
 
Pricing
 
The prices are as quoted on the website for each item. Prices do not include VAT. The product pricing also excludes delivery charges which will be added to the total amount if applicable. 
We may change our prices at any time but changes will not affect any order in respect of which we have already sent you an order confirmation.

 
It is always possible, despite our best efforts, that some products listed on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge you the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and notify you in writing. We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
 
Delivery
 
Unless you are purchasing an item on pre-order or a bespoke customisation (where in such circumstances an estimated delivery date will be provided) delivery will take place within 15 calendar days of the date of the order confirmation. Our orders are usually sent out on Monday or Thursday by Royal Mail 24 Hour tracked service and should reach you within a 48 hour period after despatch has been confirmed.  We will provide you with a tracking number for your package. 

If we do not deliver your product within 15 calendar days or within the other time period agreed between us, you may contact us to cancel your order. We are not responsible for delays outside of our control. We will contact you as soon as possible to let you know of any delay which may occur to your order and we will take steps to minimise the effect of the delay.

If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions. Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions.  You are responsible for ensuring that you or somebody you have instructed to accept delivery of your order when the order has been despatched.  Please make it clear to us at the time of booking if there are any particular dates where you will NOT be able to accept delivery. We will do our best (but not guaranteed) to work with you and despatch your order at a more suitable time
Our liability for any losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of a breach or they were contemplated by you and us at the time the purchase was made.

We do not exclude or limit in any way our liability: 
1.    For death or personal injury caused by our negligence; 
2.    Under section 2(3) of the Consumer Protection Act 1987; 
3.    For breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979;
4.    For fraud or fraudulent misrepresentation; or 
5.    For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
 
Additional Circumstances
 
Should you consider that you have grounds to obtain a refund which are not set out above you should email Cakesbyjothompson@gmail.com to set out your refund request. 
All refunds are provided in accordance with your statutory rights. 

Law and Jurisdiction
 
These terms and any claim or dispute arising in relation to any purchase will be governed by English law. You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute.

Cakes by Jo Thompson

October 2020