Terms & Conditions
(www.shellybakesvegancakes.co.uk) (the "Website")
These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which Shelly Bakes Vegan Cakes (“we/us”) makes this website (“Shelly Bakes Vegan Cakes Website”) available to you and on which we supply and deliver cupcakes and other associated products (“the Services”). You can access our Services via Shelly Bakes Vegan Cakes Website, email, messaging through Facebook or Instagram, or by telephone.
“The Contract” means any contract between us and you for the sale and purchase of the Goods, incorporating these Terms and Conditions; ‘the Goods’ means any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).
This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms and conditions carefully before using this website. Using this website indicates that you accept these terms regardless of whether you choose to purchase from us.
1. The Seller
1.1 Welcome to Shelly Bakes Vegan Cakes Website. This site is owned and operated by Shelly Bakes Vegan Cakes. Address 15 Wintringham Road, St Neots, Cambridgeshire, PE19 1NX.
1.2 If you want to ask us anything about these terms and conditions or have any comments on or complaints about our website, please call us on 07921317452 or email us at firstname.lastname@example.org
2. Order Processing and Payment
2.1 A minimum of 48 hours is required for all orders. It may be that orders can be processed in less time, but this needs to be done under prior arrangement, and is in no way guaranteed.
2.2 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 we have issued a message acknowledging your order and payment has been taken or received by us, whichever is later.
2.3 Payment may be made by credit card, debit card, Paypal, or bank transfer. No payment shall be deemed to have been received until we have received cleared funds. Cash on collection / delivery may be possible, for local services, but this is not guaranteed and needs to be done by prior arrangement only.
2.4 You shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
2.5 In the event that payment is not received by us by the due date, we shall be entitled to suspend all other deliveries until payment is received and/or repudiate the Contract. In such event, we shall be entitled to sell any Goods in our possession and you shall indemnify us for any loss thereby.
2.6 All payments payable to us under the Contract shall become due immediately upon termination of the Contract despite any other provision.
3. Shelly Bakes Vegan Cakes Products
3.1 Products made in the kitchen of Shelly Bakes Vegan Cakes are made by hand and accordingly there will be minor variations in appearance. All illustrations and descriptions displayed on Shelly Bakes Vegan Cakes Website or distributed by email, brochure or in any other way are for guidance purposes only and will not form part of the Contract.
3.2 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 Goods, 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.
3.3 All our products are made in a vegan kitchen and as such will never come into contact with animal products. The oven, fridge and all appliances and equipment are never used to produce products with contain animal products. We do bake in a kitchen that uses nuts, sesame, pineapple, coconut and wheat, as well as other allergens. We do not avoid products that have a “may contain” warning. While these products can be omitted from your purchase, these are used in our kitchen. Please get in touch if you wish to enquire about product ingredients before ordering.
4.1 Delivery charges on the Delivery page are indicative only and we reserve the right to charge the actual cost of delivery without notice.
4.2 Prices can vary dependent on what you require and can fluctuate due to costs of ingredients. Please contact us for a personalised quote if you require various adjustments.
5.1 We deliver to any postal address in the United Kingdom including Northern Ireland, the Isle of Wight but excluding the Scottish Isles. We also deliver to the Channel Islands and the Isle of Man. We do not deliver to the Republic of Ireland or to any other country outside the United Kingdom.
5.2 We will endeavour to deliver on the date that you specified in your order from Monday to Friday between 8am and 6pm. Delivery on the date and at the time specified in your order is intended to be an estimate, is not guaranteed. Many issues within the postal service are out of our control. See further 5.3 below.
5.3 Our delivery service is not available on Sundays, UK public holidays or the day after a public holiday. We may be able to deliver on Saturdays upon special request, for which there will be a charge in addition to our standard delivery charges.
5.4 Orders placed, with payment received, after 12 midday will be processed the following working day. Orders placed on a Sunday will be processed Monday. Orders placed on Friday may not be processed until Saturday or Monday, and this may cause a greater time delay. Please be aware of this when placing your order.
5.5 If products are damaged in transit, the maximum amount payable in respect of these products will be limited to the price of the products damaged. See further clause 5.5 below. Photographic evidence of damage will be required to issue this.
5.6 Subject to the other provisions of these Terms and Conditions we will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence), nor will any delay entitle you to terminate or rescind the Contract unless such delay exceeds 30 days.
5.7 Delivery notes must be checked and signed by you or on your behalf at the time of delivery.
5.8 It shall be your duty to examine the Goods upon delivery to ensure that the delivery is complete and that the Goods have not been damaged in transit.
5.9 If for any reason you will not accept delivery of any of the Goods when they are ready for delivery, or we are unable to deliver the Goods on time because you have not provided appropriate documents, instructions, licences or authorisations:
5.9.1 risk in the Goods will pass to you (including for loss or damage caused by any negligence by us);
5.9.2 the Goods will be deemed to have been delivered; and
5.9.3 we may store the Goods until delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance).
5.10 If you properly reject any of the Goods which are not in accordance with the Contract you shall nonetheless pay the full price for such Goods unless: (i) you give written notice of rejection to us within three working days of delivery; and (ii) you return such Goods to us at your own cost with our prior consent within five working days of delivery.
5.11 We shall not be liable whatsoever if you fail to give such notice of damage or non-delivery and any such damage to the goods shall be deemed to have occurred after transit or delivery, unless the contrary is proven by you.
5.12 You are required to enter full and accurate details, including the name, address and postcode, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
5.13 Deliveries to hospitals, military bases 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.
5.14 For UK Mainland deliveries we use Royal Mail next working day Signed for delivery service. The perimeters for this are that the Goods are delivered in 1-2 working days maximum. The price and maximum weight allowed for each of these delivery methods is outlined below-
* Maximum weight 1kg £3.95 (postage and packaging)
* Maximum weight 2kg £6.95 (postage and packaging)
* Maximum weight 5kg (and above) – please contact us to arrange large and heavy orders as postal discounts may apply.
6. Force Majeure
6.1 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.
7.1 Only order amendments or cancellations which are given at least 2 working days before the intended delivery date may be accepted. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day. To cancel orders, please call or message us.
7.2 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.
8. Gift Vouchers
8.1 We offer gift vouchers for sale in increments of £5.
8.2 The gift voucher is available to collect from our premises or can be posted to you. If you need the gift voucher posted to you or a friend, a £1.95 P&P cost will be added, this is not part of the voucher value. Gift vouchers cannot be purchased in conjunction with free delivery offers.
8.3 It can be ordered online or by contacting us.
8.4 It can be redeemed at any stall or event or for any product available, including online postal products. Please contact us to clarify if unsure. When redeeming your voucher online you will require your gift voucher reference number, which is on your gift voucher. This number can only be redeemed once and then is invalid.
8.5 A gift voucher cannot be exchanged for cash or refunded. Please protect your gift voucher and treat it as you would cash. We are unable to accept liability for lost, stolen or damaged gift vouchers, and can not replace them in these circumstances.
8.6 If the amount of the purchase is less than the value of the gift voucher, where the amount due is £5 or greater the change will be given in vouchers of equivalent value, where possible. Change cannot be given on less than £5.
8.7 Gift vouchers will expire 12 months after the date of issue, which is written on your gift voucher.
8.8 We reserve the right to refuse to accept a gift voucher in person which we deem to have been tampered with, duplicated or otherwise we suspect to have been tampered with and affected by fraud.
8.9 We reserve the right to amend the gift voucher terms and conditions from time to time, where we consider it necessary and reasonable to do so.
9. Personal Messages
9.1 You must agree that any messages posted by you 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.
10.1 You will not be entitled to assign the Contract or any part of it without our prior written consent.
10.2 We may assign or subcontract the Contract or any part of it to any person, firm or company.
11. Title and Risk
11.1 The Goods are at your risk from the time of delivery.
11.2 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Goods and all other sums which are or which become due to us from you on any account.
11.3 Until ownership of the Goods has passed to you, you must:
11.3.1 hold the Goods on a fiduciary basis as our bailee;
11.3.2 store the Goods (at no cost to us) in such a way that they remain readily identifiable as our property;
11.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods.
11.4 You may not resell the Goods before ownership has passed to you without our prior written consent.
11.5 Your right to possession of the Goods shall terminate immediately if:
11.5.1 you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or you otherwise take the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) you convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or you have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order against you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
11.5.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the Contract or any other contract between us and you, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade.
11.6 We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from us.
12. Customer Services
12.1 Because of their perishable nature, cakes are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with your cakes please call, message or email us.
12.2 In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 day of the date of delivery or intended delivery of your purchase.
13.1 Whilst we agree to use our reasonable endeavours to ensure that Shelly Bakes Vegan Cakes Website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of Shelly Bakes Vegan Cakes 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 Shelly Bakes Vegan Cakes Website and/or the Services impossible or impractical.
13.2 While 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.
13.3 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind.
14. Liabilities and Warranties
14.1 We accept liability for death or personal injury arising from our negligence and for all liability arising from any fraudulent representation we may make.
14.2 Subject to clause 14.1, our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order placed with us or in connection with the Services in any way shall be limited to the price you have paid for the relevant Goods.
14.3 Subject to clauses 14.1 and 14.2 above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts, business or business opportunity, depletion of goodwill, loss of data and any other consequential, incidental, special or punitive damages, costs, expenses or other compensation whatsoever and howsoever caused, even if we have been advised of the possibility of the same, arising directly or indirectly out of or in any way connected with the Contract and/or your use or inability to access Shelly Bakes Vegan Cakes Website and/or with the provision of the Services, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in this condition affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Goods supplied.
14.4 Subject to clauses 14.1 to 14.3 above we shall not be liable for any breach of warranty as to quality, fitness, description or otherwise unless:
14.4.1 you notify us in writing within 6 (six) weeks of any date of delivery of the Goods or of any breach (whichever is the earlier of the two)
14.4.2 you do not make any further use of such Goods after giving such notice.
14.5 Subject to condition 14.4 if any of the Goods do not conform with any warranty by us we shall at our option replace that part of the Goods free of charge or issue to you a credit note equivalent to the price of that part of the Goods failing to comply with the warranty. Any such Goods will belong to us.
14.6 If we comply with condition 14.4 we shall have no further liability for a breach of any of the warranties in respect of such Goods.
15. Intellectual Property and Content
15.1 The copyright and other intellectual property rights in all content and material on this Website (including without limitation the name "Shelly Bakes Vegan Cakes", photographs, logos, and graphical images) are owned by Shelly Bakes Vegan Cakes, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved.
15.2 You may print and download extracts from this Website solely for your own personal use on the following basis:-
14.5.1 no documents or related graphics on this Website are modified in any way
14.5.2 no graphics on this Website are used separately from the accompanying text
15.3 Except as stated in Clause 15.2 above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
15.4 Use of any extracts from this Website except in accordance with the above permissions is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to:-
15.4.1 publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website
15.4.2 use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise
15.4.3 modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website.
15.5 If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
16. Visitor Material and Conduct
16.2 You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
16.2.1 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
16.2.2 that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
16.2.3 for which you have not obtained all necessary licences and/or approvals;
16.2.4 which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
16.2.5 which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website;
16.2.6 which involves sending any unsolicited advertising or other promotional material, commonly referred to as “Spam”.
16.3 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
16.4 You shall fully indemnify Shelly Bakes Vegan Cakes Limited and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 15.
17. Links to this Website
17.1 If you would like to create a link to this Website, please contact us first at email@example.com to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:-
17.1.1 you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
17.1.2 you do not create a frame or any other browser or border environment around this Website;
17.1.3 you do not in any way imply that we are endorsing any products or services other than our own;
17.1.4 you do not misrepresent your relationship with us, nor present any other false information about us
17.1.5 you do not otherwise use any trading names displayed on this Website, including Shelly Bakes Vegan Cakes, without our express prior written permission;
17.1.6 you do not link from a website that is not owned by you;
17.1.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
17.2 We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate.
17.3 You shall fully indemnify Shelly Bakes Vegan Cakes, its suppliers, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this condition 16.
18.1 We have taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products.
18.2 Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
18.3 We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply Goods as advertised we will notify you, except that we reserve the right to substitute goods or packaging of equal or greater value in the event of such supply difficulties.
18.4 We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
18.5 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to Shelly Bakes Vegan Cakes Website and/or the Services from time to time. We will post any changes on Shelly Bakes Vegan Cakes Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Shelly Bakes Vegan Cakes Website or the Services. Changes will be effective immediately after the posting of such change.
18.6 We reserve the right to suspend, restrict or terminate access to Shelly Bakes Vegan Cakes Website and/or the Services for any reason at any time.
18.7 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in Shelly Bakes Vegan Cakes Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.9 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
18.10 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
18.11 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.