TERMS AND CONDITIONS

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. Please read these terms carefully before you submit your order to us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. These terms tell you who we are, how we will provide products to you, our privacy policy, how you and we may change or end the contract, what to do if there is a problem and other important information. This website is owned and operated by Ache for Cake. These Terms set forth the terms and conditions under which you may use our website and services as offered by us.

INFORMATION ABOUT US AND HOW TO CONTACT US

You can contact us by using our contact details that can be found on our contact page including by email to office@acheforcake.com. If we have to contact you we will do so by telephone or by writing to you at the email address using the details provided to us in your order.

ORDERS

The acceptance of your order will take place when we email you to accept it & we have also received the 100% payment for the total cost of the order.

If we are unable to accept your order, we will inform you of this either by email and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a deadline you have specified.

We will assign an order number to your order and tell you what it is when we accept your order. Please inform us of this order number whenever you contact us about your order.

We only sell to London in the United Kingdom. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from, or deliver to addresses outside the UK. Delivery distances within the UK are at our discretion due to other commitments and demands.

OUR PRODUCTS

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Please note, fruit and flowers vary seasonally and we create a unique and original new cake each time, inspired by, but not an exact replica of the cakes illustrated on the website. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a slight degree of tolerance to them. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. Our cake slice sizes are rectangles of 3" x 2" x 1" (minimum) in measurement.

If you have a dietary requirement or have any allergies we need to be aware of you must inform us of them in writing via our booking form or email. We can supply allergen information upon request by emailing office@acheforcake.com.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us immediately. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

OUR RIGHTS TO MAKE CHANGES

Minor changes to the products. We may change the product for the following reasons: if we are using seasonal products (such as fresh fruits and flowers), or use slightly different shades of colour due to hand mixed colouring.

PROVIDING THE PRODUCTS

Delivery costs. The costs of delivery will be as displayed to you by email/ telephone before your order is accepted OR included in the price quoted to you when placing your order.

Collection by you. If you have asked to collect the products from us, you must arrange collection with us by contacting us in advance.

We may, without prior notice, change our services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to our services without notice and liability for any reason, or for no reason.

PRODUCT RESPONSIBLITY

A product will be your responsibility from the time we deliver the product to you or you collect it from us.

PRICE AND PAYMENT

The price of the product will be the price the price quoted to you in writing by invoice and email. Payments are to be made by direct Bank Transfers only. A 100% payment of the total quoted cost is taken upfront to secure the booking and is non-refundable.

Orders over £200 in value may be paid for in two instalments of 50% total value of your order. The first 50% is taken immediately to secure the booking and is non refundable. The remaining 50% will be due 7 working days before your event, except for wedding orders where the remaining payment will be due sooner and as detailed in the wedding cake contract agreed to by both parties.

Orders taken with less than 7 working days from the delivery/collection date require immediate payment in full before the order is accepted.

CANCELLATIONS & REFUNDS

Once payment has been taken we do not offer refunds. If we do not receive payment within 7 working days from delivery we reserve the right to cancel your order. If, in the unlikely event, that we need to cancel your order we will offer a full refund of any money paid.

HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will use the personal information you provide to us:
• to supply the products to you
• to process your payment for the products

Please also see our privacy policy below

How we collect, store, and use your data in accordance with the General Data Protection Regulation (GDPR), which came into force on May 25th, 2018:

We collect your data with care when you contact us by email or our online booking forms or subscribe to our mailing list. We also use cookies and analytics when you browse our website.

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

How we communicate with you:

We may contact you to notify you regarding your order, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

Why we collect data:

We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we may use to provide and improve our respective services;
To comply with any applicable laws and regulations.

Cookies and Analytic tools:

We use a third party company 'Wix' to send occasional emails or invoices to our users. The only data provided is your name, phone number, address and email address, and we have ensured that they have a robust commitment to GDPR and your data as well. The cookies wix uses can be found at the following link and for information on how Wix handles your data please review sections 8, 12, and 13 of Wix's Privacy Policy.

We also use the third party company 'Google Analytics' to track your use of our site this is so that we can improve our service to you and also make tailored marketing campaigns. Google analytics tracks such things as where you are coming from and how you engage on our site. Including things like, age, gender, where you are from, your interests, how much engagement you have with our site, if you are a new or returning user and what technology you are using to access our site (e.g. mobile, pc). We can also see if you have been brought to our site by a marketing channel such as an organic (unpaid search), cost per click search, referral from another website, a social network referral or other referral methods.

By using our site, you confirm you have read and understood these terms and conditions and agree to be bound by them and you consent to Ache for Cake processing your personal data in accordance with this privacy policy.

We will never sell your data to a 3rd party.

Withdrawing consent:

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at office@acheforcake.com.

Updates:

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

OWNERSHIP, INTELLECTUAL PROPERTY & COPYRIGHTS

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Ache for Cake. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact office@acheforcake.com

LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Ache for Cake be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Ache for Cake LT assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any un-authorized access to or use of our secure servers and/or any and all personal information stored therein.

INDEMNIFICATION

You agree to indemnify and hold Ache for Cake harmless from any demands, loss, liability, claims or expenses (including any legal fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

RIGHTS TO MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service