Terms & Conditions
WEBSITE TERMS AND CONDITIONS OF SUPPLY
To protect your own interest you must read and understand the following important terms (the Terms) before purchasing goods from our website www.photoonacake.co.uk (the Site).
If you are uncertain as to your rights under these Terms or you want any explanation about them please email [email protected] When you buy goods from us under these Terms you have legal rights. These are also known as statutory rights derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality as described and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizen Advice Bureau (www.citizensadvice.org.uk).
1.1 These Terms explain how may buy goods from the Site. You should read these Terms carefully before buying any goods. When buying any goods you agree to be bound by these Terms, our General Website Terms and the documents referred to in them. If you do not agree with or accept any of these Terms you will not be allowed to buy any goods unless we agree otherwise. If you have any questions about these Terms please contact [email protected]
2. Ordering goods from the Site
2.1 The steps required to create these Terms (e.g. a legally binding contract) between you and us are as follows:
2.1.1. You place an order on the Site by placing it through the website www.photoonacake.co.uk.
2.1.2. When your order is placed with us and payment has been made at the end of the checkout process we will email you to acknowledge that we have received your order. We will accept payment by PayPal account, MasterCard, Visa or Debit cards.
2.1.3. When you have made your order and made payment and we have sent you an acknowledgement thereof a legally binding contract will be in place between you and us and at this point, we will dispatch the goods to you.
2.2. When you order goods from the Site you must ensure:
2.2.1. All the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore please ensure that you take the time to read and check your order before submitting to us. If you need to correct any errors you can do so before submitting it to us.
2.3. Image quality
2.3.1. If you have sent a very small picture we will endeavour to reproduce it as clearly as possible but will not be liable to refund any monies if the quality of the original image submitted results in a low-resolution production of the said image.
2.3.2. The colours and brightness of our toppers are as accurately displayed as possible on the Site. The actual colours and depth of colour that you see on your device may vary depending on the device that you use and your chosen brightness settings, accordingly, we will print images as provided without amendment. In particular, you should note that black and white images or images printed with a black/very dark background on the photo toppers can print with a slight green tinge. We are not liable to make any refund if this is the case.
2.4. Colour replication
2.4.1. The colours and brightness of our toppers are as accurately displayed as possible on the Site. The actual colours and depth of colour that you see on your device may vary depending on the device that you use and your chosen brightness settings, accordingly, we will print images as provided without amendment. Please do note that monitors and screens use an RGB colour process to show colour, whereas our printers (like most printers) use a four-colour CMYK process, so colours can never be exactly the same. In particular, you should note that black and white images and images with a black or very dark background printed on the photo toppers can print with a slight green tinge. We are not liable to make any refund if this is the case.
2.4.2. Our printing process is a four colour CMYK print process using food dye on slightly off-white icing sheets. Whilst we aim to replicate your colours as best we can, there will be some variation in colour from that of your supplied images for your topper. This is particularly noticeable with pinks, reds and purples. The main reason for this is in 2008 the European Food Safety Authority (EFSA) banned the three the most accurate red food dyes, Carmoisine (E122), Ponceau 4R (E124) and Allura Red AC (E129). You can read more about that here.
If you need a specific colour, we can produce a CMKY colour swatch sheet for your chosen colour to choose from so you can check the colours before you print. We charge £1 + postage an packaging for this service. The £1 is redeemable against a future order, we will provide you with a discount code for that.
3. General Terms
3.1. All orders will be sent a confirmation email and in that email under the “view customized product” there is a link to the topper you have created. It is your responsibility to review this topper image. Any errors in the details submitted with an order to include size of topper, style, spelling or any other aspect must be notified to us within one hour of the order being placed, failing which the details will be taken as correct and the order will proceed on that basis. If there is a mistake on your original order and we are not notified in writing of this mistake, we are not liable to make any refund.
3.2. All orders received before 5pm Monday to Friday (inclusive) will be processed, printed and despatched the next working day by first class post and may take up to five working days to arrive.
3.2.1 Special delivery is guaranteed to be delivered to you by 1pm and you must be in to sign for a Special Delivery. We cannot be held responsible for non-delivery if you are not available for your package to arrive as Royal Mail will required a signature.
3.3. Orders received after 5pm Monday to Friday, after the office has closed, will be treated as an order received on the following working day. For example if you order at 9pm on a Monday night, this will be treated as an order placed on Tuesday and therefore processed, printed and dispatched on the Wednesday by first class post and may take up to five working days to arrive.
3.4. Any orders placed over the weekend whilst we do not guarantee, we can normally process, print and dispatch these on the next working day, being the Monday unless there is a Bank Holiday.
3.5. A working day is defined as Monday to Friday excluding Bank Holidays. Our office hours are 9am to 5pm Monday to Friday. We cannot be held responsible for orders placed outside of our working hours and not arriving in time for your cake or event. Please give yourself plenty of time for your order to arrive.
3.6. Photos may be sent for printing by:
3.6.1. Uploading on to the Site
3.6.2. Emailing to [email protected]
3.6.3. Posting to Photo on a Cake, 9 Montagu Drive, Saxmundham, Suffolk, IP17 1FL
3.7. Any order which is emailed or posted must display an order number as set out on the email acknowledgement sent out following receipt of the order.
3.8. Photo on a Cake cannot be held liable for any loss or damage to photos posted in any event five working days must be allowed for receipt.
3.9. We reserve the right to cancel any order and refund monies if your design contains nudity, illegal behaviour, inappropriate content or language.
4. Nature of the Goods and Faulty Goods
4.1. We will send you an instruction sheet on how to use the topper with the order. We will not be liable for any damage to the topper if these instructions are not properly followed.
4.2. We will send toppers out by Royal Mail first class post which takes 1 to 3 working days on average. They can take up to 5 working days and we will not therefore be liable if an order is placed which does not allow 5 working days for delivery.
4.3. If an order is lost in the post we will supply a replacement to arrive 5 working days following a request.
4.4. You will receive an email confirming the order once payment has been made. If no such email has been received within 24 hours of placing the order, no payment has been received by us and no contract is supplied in place.
4.5. It is your responsibility to check your junk emails to ensure that the email confirming the order has not been sent to junk.
5. Refunds and Returns
5.1. We will replace the goods you purchase if the goods you purchase are:
5.1.1. Not of merchantable quality (if the items are damaged at the time of delivery).
5.1.2. Do not match any description given of the goods.
5.1.3. Are not free from defects.
5.2. Please note all food products are perishable and we expect you to take due care to properly store the goods in accordance with the nature of the product. If you are not clear on this please check with us first. This is your responsibility. We cannot accept responsibility for any food stored in conditions that are not appropriate. If you do have a legitimate problem with the products or goods you purchased from us you should stop using the goods immediately you have purchased as soon as possible to explain the fault or problem. Please make sure you keep the goods in the condition that you claim has the problem. You need to approach us regarding any problem with your goods within “a reasonable period of time”. Please note we are not required to provide you with a refund if you have simply changed your mind or find a similar or same item more cheaply elsewhere. We may require a receipt of proof of purchase. In the event at our discretion we do refund you for orders placed online we will credit back the original credit card on which the order was purchased, less £1.00 to cover the costs of cancellation fees charged to us by our payment processor.
7. End of these Terms
7.1. If these Terms were ended it will not affect our right to receive any money which you owe us under these Terms.
8.1. The use of this website and these Terms are governed by and construed in accordance with the law in England and Wales. Any legal action arising out of its issue shall be brought in the court and the parties will irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales and the courts appear from them.
GENERAL WEBSITE TERMS AND CONDITIONS
1. About our terms and conditions
1.2. References in these terms to the Site includes the following website www.photoonacake.co.uk and all associated web pages.
1.3. You should read these terms and conditions carefully before using the Site.
1.4. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them.
1.5. If you do not agree with or accept any of these terms, you should stop using the Site
1.6. If you have any questions about the Site, please contact [email protected]
Content: means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Unwanted Submission: has the meaning given to it in clause 1;
Website Acceptable Use Policy: means the policy which governs your permitted use of the Site;
Website Terms and Conditions of Supply: means the terms and conditions which will apply to you ordering goods using the Site;
We, Us or Our: means Sarah Bird trading as Ladybird Enterprises.
You or Your: means the person accessing or using the Site or its Content.
2. Using the Site
2.1. The Site is for your personal and non-commercial use only.
2.2. You agree that you are solely responsible for:
2.2.1. all costs and expenses you may incur in relation to your use of the Site; and
2.2.2. keeping your password and other account details confidential (if applicable)
2.3. The Site is intended for use only by those who can access it from within the UK. We may accept orders for delivery to locations outside of the UK although this may depend on certain customs, legal and other practical restrictions. If you choose to access the Site from locations outside the UK or place orders for delivery to locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.4. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected]
2.5. We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
3. Ownership, use and intellectual property rights
3.1. This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms and conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
3.2. Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
3.3. Trademarks: Photo On A Cake is our Other trademarks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
4. Submitting information to the Site
4.1. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable
4.2. (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
5. Accuracy of information and availability of the Site
5.1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.2. We may suspend or terminate operation of the Site at any time as we see fit.
5.3. You may have certain legal rights when using the The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these terms and conditions affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).
5.4. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5.5. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
6. Hyperlinks and third party sites
6.1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
7. Limitation on our liability
7.1 Except for:
7.1.1. death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
7.1.2. fraud or fraudulent misrepresentation;
7.1.3. breach of any of the provisions implied into these terms and conditions under the Sale of Goods Act 1979 (or any other law);
we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
8. Events beyond our control
8.1. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident or due to adverse weather.
9. Rights of third parties
9.1. No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
10.1. These terms are dated 6th March 2015. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
11.1. We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the UK will have exclusive jurisdiction in relation to the Terms. Relevant UK law will apply to these Terms.