1.0 ACCESSING OUR SITE
1.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
1.2 From time to time, we may restrict access to some parts of our Website, or to our entire Website, to users who have registered with us.
2.0 ORDER PROCESSING AND PAYMENT
2.1 Our Website permits you to purchase our Products from this Website. These purchases can be made and are permitted strictly pursuant to the Terms and Conditions set out herein.
2.2 Your order constitutes an offer to us to buy a Product.
We require the following notice for orders:
2.3 Delivery: A minimum of three working days is required. Bespoke Orders: A minimum of one week’s notice is required. Wedding & Corporate Orders: A minimum of three weeks’ notice is required.
2.4 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 a deposit and/or full payment has been made for the Products.
2.5 Payment may be made by cash (for local delivery only), bank transfer, or PayPal. No payment shall be deemed to have been received until we have received cleared funds.
2.6 You shall make all payments due under the Contract without any deduction whether by way of set-off, counter-claim, 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.
2.7 In the event that payment is not received by us by the due date, we shall be entitled to suspend all deliveries until payment is received and/or repudiate the Contract. In such event, we shall be entitled to sell any Products in its possession and you shall indemnify us for any loss thereby.
2.8 All payments payable to us under the Contract shall become due immediately upon termination of the Contract 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.
2.10 If any product you have chosen cannot be supplied for some reason, Kathy’s Cupcakery will contact you via phone or your email address and set out the options that are available to you.
3.1 If you wish to add to or change your order, or change the date or time of delivery or collection of your order, then we will accommodate you, subject to kitchen space being available to permit us to make your Products.
3.2 If you wish to cancel your order for any reason, you must notify us before the order is due to be collected or delivered. As set out below:
You will need to contact us as follows:
For Courier Delivery: by 10am the two days before your order is due to be delivered. Less than this will result in 100% of the total cost being payable.
For Bespoke Orders: Four days before your order is due to be collected or delivered. Less than this will result in 100% of the total cost being payable.
For Wedding & Corporate Orders: Prior to deposit being paid and nothing will be due. Once deposit is made, we require more than 14 days notice – we will retain 50% of total cost. If you cancel your order less than 14 days prior, then 100% of the total cost is payable.
Other orders of more than 36 cupcakes: Prior to deposit being paid and nothing will be due. More than 7 days before your order is due to be collected or delivered – we will retain 25% of the total cost. If you cancel your order less than 7 days prior, then 100% of the total is payable.
3.3 All Cancellations must be in writing/email. Verbal phone cancellations or mobile text messages will not be binding.
3.4 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.
4.0 PRICE AND PAYMENT
4.1 The price to be paid by you for any Products will be as quoted on our Website except in cases of obvious error. We are under no obligation to provide the Product 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.
4.2 Our prices exclude delivery costs, which will be added to the total amount due before completion of your order.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already been agreed.
4.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product’s correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product’s correct price is higher than the price stated on our Website, or we are no longer able to supply a particular Product for some reason, we will contact you to advise you and/or to obtain your confirmation that the amended price is acceptable. Payment for all Products must be made by methods as those listed on our Website.
4.5 For Courier Orders placed via the website, Kathy’s Cupcakery uses PayPal to process all credit/debit card payments. When making your payment, it is imperative that you provide the information that PayPal specify is required, for example, cardholder’s name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when Kathy’s Cupcakery confirms that it has accepted your order.
4.6 Ownership or title to the product shall not pass to you, the buyer, until Kathy’s Cupcakery has received payment in full.
4.7 It is the customer’s responsibility to provide accurate personal information. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered.
4.8 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.
4.9 Delivery charges are indicative only and we reserve the right to charge the actual cost of delivery without notice.
5.1 We will endeavour to deliver on the date that you specified in your order between 8am and 6pm. Delivery on the date and at the time specified in your order is intended to be an estimate, and is not guaranteed.
5.2 Delivery charges calculated during the Order Process are indicative only and we reserve the right to charge the actual cost of delivery without notice.
5.3 We also cannot guarantee delivery times. The date and time of delivery shall not be the essence of the contract, and any failure by us to make delivery on any particular date, for whatever reason, shall not entitle the customer to refuse delivery or to claim for any expenses, loss of profits or other consequential losses whatsoever.
5.4 On the day of delivery, our couriers will attempt to deliver between 8am and 6pm. If no one is available to accept delivery, the cupcakes will be returned to Kathy’s Cupcakery If an subsequent delivery is required, additional delivery costs will be incurred. Kathy’s Cupcakery is not responsible for any additional costs this may incur. If, therefore, your Order is a gift, Kathy’s Cupcakery strongly recommends that you, the sender, advises the recipient to expect a delivery. This is the responsibility of the sender. Also, please ensure the recipient’s name and address is entered in the delivery address at the checkout, otherwise your parcel will be sent to the billing address.
5.5 We do our best to ensure that our cupcakes leave Kathy’s Cupcakery in perfect condition. In the unlikely event you are unhappy with your Order, please contact us within 24 hours of receiving it. We will ask you to send photographs of the Products or return the Products to us in their original packaging via courier, so that we can investigate the problem. Please note, compensation will not exceed the original total paid for items. Your statutory rights are unaffected.
5.6 Deliveries to hospitals, 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.
5.7 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. In order for us to hand over the ordered Products upon delivery, the recipient must sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.
5.8 Deliveries to hospitals, 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.
6.1 Collection from Kathy’s Cupcakery kitchen is free of charge.
6.2 The Products ordered by you can only be collected by you from our kitchen, within a given time slot which we will agree with you. In order for us to hand over the ordered Products upon collection, the recipient must sign that the Products are in good condition and that the complete order has been collected. Thereafter, we will no longer be responsible for actual delivery of the Products to you.
6.3 If for any reason you find yourself unable to collect your order from us within the given time slot, we will retain your ordered Products for collection by you for 24 hours before discarding them. We cannot guarantee an alternative time slot will be available.
6.4 As an alternative, delivery may be possible for you, but not until additional Payment has been agreed and paid. This is also subject to availability.
7.0 OUR PRODUCTS
7.1 Products produced in the kitchens of Kathy’s Cupcakery are made by hand and accordingly there will be minor variations in appearance. All illustrations and descriptions displayed on the Kathy’s Cupcakery Website or distributed by email, brochure or in any other way are for guidance purposes only and will not form part of the Contract.
7.2 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.
7.3 Product ingredients include eggs, flour, milk and butter may contain traces of nuts. Please contact us if you wish to enquire about product ingredients before ordering.
7.4 You are not permitted to copy any design, flavour or product from the Kathy’s Cupcakery Website.
7.5 The Products are baked fresh to order and will remain fresh for a further 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided.
7.6 We do not advise placing Products in a fridge or freezer. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
7.7 Products which were due to be collected by you from our kitchen and which you failed to collect on the appointed day, or Products which we have taken back to our kitchen because you were not available to receive the same during the agreed delivery slot, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate. We cannot accept any responsibility for deterioration of the Products in these circumstances.
7.8 We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from our kitchen if they are damaged during transit to your home provided that you have signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.
7.9 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us/courier or collection by you.
7.10 Since our kitchens do handle nuts we cannot guarantee that traces of nuts or other allergens will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products. We give absolutely no guarantee that our products are free from nuts or nut traces, peanuts, sesame seeds, seafood, shellfish, milk, eggs, dairy, gluten, or any other allergens. This list is not exhaustive.
8.0 PERSONAL MESSAGES
8.1 You must agree that any messages posted by you on your card or 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.
9.0 RISK & TITLE
9.1 The Products will be at your risk from the time you collect the Products from our kitchen or we deliver them to you.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges, and they are received by you.
10.0 RETURNS POLICY
10.1 We do hope that you will be pleased with your purchase. Because of their perishable nature, Kathy’s Cupcakery products are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with your Products, please email us within 24 hours of receipt.
10.2 In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 24 hours of the time of collection, delivery or intended delivery of your purchase.
10.3 In the case of damaged goods you must return them to us via courier delivery for inspection. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.
10.4 We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
10.5 Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.
10.6 We have made every effort to display as accurately as possible the colours of our products that appear on our Website and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
The provisions of this clause do not affect your statutory rights.
11.0 FORCE MAJEURE
11.1 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.
12.0 SYSTEM REQUIREMENTS
12.1 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 Website. You acknowledge and agree that any system requirements necessary to preview, and/or view and/or purchase any Products from our Website are your responsibility.
13.0 MISUSE OF THE WEBSITE
13.1 You will only use the Website for the purposes referred to in this Agreement and/or these Terms & Conditions and not access the Website or use information gathered from it to send unsolicited emails.
14.1 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 judgements (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 Website and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
15.0 THIRD PARTY RIGHTS
15.1 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.
16.0 LAW AND LEGAL NOTICES
16.1 This Agreement and any other Terms or Documents referred to herein represent your entire agreement with us with respect to your use of this Website. 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 Website, 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 Website.
17.1 You acknowledge that we may change the Terms of this Agreement by posting a new Agreement on the Website. You acknowledge that it is your responsibility to check the Website regularly to ascertain if changes have been made and your continued use of the Website after such a change will constitute your acceptance of the changes.
17.2 By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Website 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.
18.1 Whilst we agree to use our reasonable endeavours to ensure that the Kathy’s Cupcakery Website and/or Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Kathy’s Cupcakery 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 Kathy’s Cupcakery website and/or the Services impossible or impractica
18.2 Whilst 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.
18.3 The content, information and material on this Website is provided “as is” without any conditions, warranties or other terms of any kind.