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CAKESMITHS TERMS & CONDITIONS

By using our website, you agree to be bound by Cakesmiths Terms & Conditions, as stated below.

Contract For The Supply Of Products Or Services

The display of goods on the Cakesmiths site amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. The order submitted by the purchaser is an offer. No contract for the supply of products or goods will be deemed to exist between you and Cakesmiths unless, and until, an email is sent by Cakesmiths to you confirming that your order has been accepted.

This confirmation e-mail amounts to an acceptance by Cakesmiths of your offer to buy goods or services from Cakesmiths. Cakesmiths are free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy with respect to the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice at any time. Large orders over £1500; As a small independent craft bakery we are only able to bake so much cake. We would ask that any large orders should be pre-ordered with “good notice” 7 - 10 days. We appreciate this is not always possible and we will always do our best to fulfil all orders. However, Cakesmiths reserve the right to re-schedule or refuse large orders on a next-day service.

Site Information

Cakesmiths is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Cakesmiths disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Cakesmiths does not represent or warrant that the information accessible via this site is accurate, complete or current. We strongly advise the ingredient and allergen declaration included on each pack is read and understood prior to any claim being made about its suitability for any particular purpose or diet. It is your responsibility to ensure that you comply with your legal requirements in the provision of ingredient and allergen information to your customers and Cakesmiths takes no responsibility for such compliance and has no liability in respect of your failure to comply with such requirements.

Processing Of Orders

Credit and debit cards are debited before items are shipped or before services are activated by Cakesmiths.

Delivery

Delivery is to be expected when stated but is not guaranteed. We provide a tracking reference for all orders to enable you to track your delivery via DPD; we highly recommend that all customers download the DPD App here to track and manage orders, as well as to specify your What3Words location which allows you to pinpoint exactly where you want your cake delivered down to a 3-metre square.

DPD delivers by postcode so when placing an order, your delivery postcode & street address must match your correct business address. We are not responsible for any incorrect addresses used by DPD to process deliveries.  Once an order has been confirmed with us, we cannot change the address due to DPD T&C’s so we highly recommend checking all order details before confirming & paying for it on your Cakesmiths account.

The contact details (telephone and email) associated with your Cakesmiths accounts will be linked to your DPD tracking for your deliveries. Under DPD’s T&Cs, DPD can leave your delivery at the front door, rear access, and a safe location at the property postcode.

At locations where there are multiple addresses, DPD will deliver to a central point such as an internal loading delivery room or loading bay. We will not be held responsible for any lost or misplaced orders. If you have multiple businesses at your location, we recommend that the DPD App here be used by all members of staff to monitor deliveries.

We use a Premium Next AM delivery service that has proved very reliable over the years but in very rare instances, a delivery has not been made within the stated hours or on the day expected.

Cakesmiths will do all that they can to assist in tracking the delivery but cannot be held responsible for delays out of our control. If you have selected a delivery date and are not open or there to receive your parcel, it will be left in what is deemed by the driver to be a safe place. We would highly recommend stipulating your own 'safe place', via the DPD App here. Please note, if you do not specify a safe space and it is picked by the driver, this is at your own risk.

We always recommend that when selecting your chosen delivery date, you are also open & available to receive your parcel on the second day in case there are localised DPD delays in your area. Regrettably, if your parcel is delayed, it will be delivered the next day after your initial chosen delivery date, and you should be available to receive this. For example, if your chosen delivery date is a Saturday and DPD is unable to deliver on that day, the delayed delivery will be made on Sunday. 

The insulated boxes the cakes travel in have been designed to keep products temperature-controlled for over 48 hours.
 
The products will arrive in a condition to refreeze, refrigerate or consume. Special delivery requests will be added for the courier however we cannot guarantee that these will be followed. Note that there are no collections or deliveries on Bank Holidays. If your selected delivery date is a day before a bank holiday, and there are any delivery delays, this is at your own risk and we will not be responsible for any undelivered goods and/or late deliveries due to said delays.
If you choose to delay your delivery, this is entirely at the customer's risk if the original delivery time was within Cakesmiths’ 0800-1800 delivery window. Cakesmiths will not refund or replace damaged, undelivered, lost or disposed of orders that have been delayed in this way. 

Any delivery issues need to be communicated to us on the day of expected delivery. According to DPD T&Cs, they need to be made aware of issues on the day of expected delivery in order to investigate with the relevant local depot on a case-by-case basis. At the weekend – we would always recommend to email [email protected].

Delivery Restrictions

We are a trade-only supplier and require all orders to be delivered to a UK mainland Business address, that is manned and available to accept parcels between 0800 and 1800 daily. We will take no responsibility for consignments that perish or go missing due to ‘no one being in’ to accept the delivery on the specified delivery day. 

Festival and event sites. Due to the risks involved in delivering to large festival sites, we will not be held responsible for missing parcels if our courier has obtained a signature or left it in a safe place at the given festival site. Unfortunately, hand in hand with this, orders delivered to festival sites must be paid for at the point of purchase by a debit card to avoid the risk of conflict overpayment, in the event of the order not finding its destination.

Amending Online Orders That Have Already Been Accepted

Due to our packing schedule and multiple daily collections with DPD, once an order has been placed we are unable to modify or cancel it.

THE SUPPLY TO OTHER BAKERIES OR CAKE COMPANIES

Regretfully, it is against our company policy to supply to other cake companies and/or wholesale bakeries. Where we feel it is necessary we will use our own discretion when a contract has been accepted. We do reserve the right to cancel the processing of the order and make a full refund where we are being asked to supply to another cake company or wholesale bakery.

Limitation Of Liability

Except as specifically stated on this site, neither Cakesmiths nor any of its directors, employees or other representatives will be liable for losses, liabilities, damages, penalties, expenses, fines or costs arising out of or in connection with the use of this site or sale of our products and services. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. This limitation of liability does not apply to any liability which cannot by law be excluded or limited.

Illegal Acts

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be passed onto law enforcement and not process any orders. We track the electronic fingerprints of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

Offers, Promotions, Bundles & Brownie Points.

Cakesmiths reserves the right to withdraw offers and/or promotions at any time and when/where it is deemed that the good nature of the offer and/or promotion is being abused.  Only one coupon code can be used with each transaction. Reward/Loyalty/Brownie Points are earned 1 point for every cake item purchased (excluding bundles) and can be redeemed against any product within the Brownies category, with the exception of Single Origin Brownies. Brownie Points are valid for one year and will expire after this. The minimum number of points needed for redemption is 50 (1 free tray), and the maximum number of points allowed in any single redemption is 150 (3 free trays). If points are redeemed and there is more than one brownie variant in the order the mean value will be deducted. The minimum order value of £75 is inclusive of any promotional discounts or Brownie Points added. Bundles are open to everyone, regular and new customers alike. Deals are offered at our very best price, therefore, brownie points and additional discounts or promotions are not awarded on bundle deals.

Errors, Returns & Non-Conforming Products

Returns are not accepted due to the perishable nature of the goods and food safety precautions. Please state the product type and best-before date when reporting any instance of non-conformity. Any item not conforming to the specification must be notified within 24 hours of delivery to be considered for a refund. Should a non-conformity come to your attention after this time please contact us immediately and it will be dealt with on a case by case basis. Photographic evidence of the non-conformity will be required.
 
Picking errors - Although we do our very best to pick orders correctly, we do very occasionally make a mistake. If a picking error has occurred, a credit in the form of a discount code will be added to your account.

Non-food Items Sold On The Site

May only be purchased as part of a normal cake order.

Changes In Terms

Cakesmiths reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the Cakesmiths website.

Natasha's Law

Natasha's law does not apply to our supply of cakes to businesses on a wholesale basis but we provide full ingredient and allergen information on the label of cakes we supply to businesses. It is incumbent upon our customers to assess their legal requirements when selling slices or portions of cakes to consumers and to provide any ingredient and allergen information required by law, including assessing whether any slices or portions of cakes are packaged at the customer's premises (or site) before being ordered or selected by consumers, and therefore are subject to Natasha's Law. It is also incumbent upon our customers to ensure that they comply with their legal requirements to provide ingredient and allergen information in relation to non-packaged slices or portions. We are responsible for our compliance with legislation in relation to ingredient and allergen information but we have no responsibility or liability for a failure of a customer to comply with any legislation For further information on the requirements of Natasha’s Law please go to the Food Standards Agency website: Allergen labelling changes for prepacked for direct sale (PPDS) food | Food Standards Agency