Terms and Conditions.
This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully before placing an order and make sure that you understand them. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
1.1 We operate the website www.bitemecakes1.co.uk.
1.2 To contact us, please see our Contact page.
2. USE OF OUR SITE
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
3. OUR PRODUCTS
3.1 Products on our site are handmade and hand finished and as such these may vary from the images shown on our site, images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Pictures and/or photographs of designs you have chosen that you would like us to replicate will not look exactly the same as what has been produced by us as everything is handmade and hand-finished.
3.2 The packaging of the Products you receive may vary from that shown on the images on our site.
3.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3.4 We reserve the right to publish photographs of your order onto our social media channels and our website.
3.5 As our kitchen does handle nuts, dairy, gluten, soy, fish, shellfish, sesame seeds, eggs and other allergens we cannot guarantee that traces 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. It is your responsibility to inform us if you suffer from any allergies or intolerances.
3.6 All products are subject to availability of ingredients and can be changed for the most suitable alternative at short notice as availability of ingredients is never guaranteed.
4. OUR RIGHT TO VARY THESE TERMS
4.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) any other matter that may arise from time to time.
4.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
4.3 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
5. YOUR PERSONAL INFORMATION
We only use your personal information in accordance our privacy policy. Please take the time to read this, as it includes important terms which apply to you.
6. CONSUMER OBLIGATIONS
6.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
7. DELIVERY AND COLLECTION
7.1 Delivery is available to all the areas listed on the Delivery page.
7.2 The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you from us.
7.3 If for any reason no one is present to receive delivery of your order from the address provided, or collection is not made within the given time slot, we will take the products back to our bakery and hold the goods for 24 hours during which you may phone 07950 364 874 to request re-delivery or personal collection. Please note re-delivery is subject to availablity and will be subject to an additional charge. We also cannot be held responsible for any deterioration in the product should this occur.
7.4 When placing an order for delivery, please be sure to provide a telephone number on which our driver can contact you or the recipient should there be any problems in delivering the order.
7.5 We shall not be liable for any delay in delivering the Goods, however caused.
7.6 We cannot accept responsibility for damage caused by you or by another engaged by you to collect products from us or if they are damaged during transit to you.
7.7 Once purchased product(s) have been collected by you (or another engaged by you) either from our premises or upon delivery, we do not accept responsibility for any damaged items from thereon.
7.8 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 or collection by you. We will require you to return any product to us for tasting and testing in the event of a complaint.
7.9 If the delivery charge is left unpaid, the order will be kept by us for up to 3 days, either for the purchaser to collect or rearrange a delivery at a time that suits Bite Me Cakes!
7.10 Please arrive promptly at your agreed collection time. If you are late collecting your order then a penalty of £10 per every 10mins will be levied, which must be paid before you can take your order.
8. CANCELLATION AND REFUND POLICY
8.1 We hope that you will be pleased with your order. However, if upon collection or delivery of the products you find that they are not those ordered by you or the order is incomplete, or a product is in a damaged condition when you receive it, please notify us immediately by telephone on 07950 364 874. Any faults or issues with an order must be reported on the day of collection or delivery, otherwise we are unable to offer any refund.
8.2 If a Product is not as on the Order Confirmation or damaged caused by the company, we will credit or partial refund/refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us and also send photographic documentation of the order. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. Please state clearly your dispatch details in all communications to us.
8.3 We reserve the right to cancel orders after payment received on the basis that the customer is purchasing the business owner's artistic interpretation for each and every product produced. If the customer then begins to dictate exacting and very specific details to be fulfilled without question, the order will then be cancelled and will be communicated as such and the monies refunded in full.
8.4 Orders that are placed via the website (excluding ‘postal’ orders) which are less than 7 days before the intended collection or delivery date will be automatically refunded, however a 20% admin fee will be charged. For international orders, you will be subject to a further transactional fee due to currency exchange rates which vary per country and are out of our control. In some instances we will use our discretion and accept an order, subject to availability.
8.5 If you have placed an order and given us over 7 days notice to cancel a website order, you will receive a refund, however a 20% admin fee will be charged. Please inform us by email that you wish to cancel.
8.6 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.
8.7 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.
8.8 We do not copy any designs given exactly and are subject to variations and artistic interpretation. We cannot accept the return of any products merely because the design or look of a product does not match your idea of what the product ‘is supposed to look like’ in your eyes. As stated, all items are bespoke and hand made.
8.9 Please note we are unable to accept returns.
8.10 When you purchase from us, you agree to either collect from our address, pay postage or pay £3 per mile for delivery at a time agreed with us (£5 within the B43 postcode). If you wish to cancel your order because you have not understood or do not wish to pay the total cost of the postal/delivery charge, you order will be refunded subject to a 20% admin fee.
8.11. If your order has been discussed with us and confirmed, and subsequently baked ready for delivery or collection, and then you wish to cancel at a later date, you are not entitled to a refund, due to the item having been made, therefore we have fulfilled our duty to you as a customer. It is your responsibility to ensure collection or delivery has been arranged appropriately.
8.12 Late payment of invoices will be charged at the Bank of England base rate plus the associated administrative fee of £25 plus compensation - please see below:
https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt for more information
9. PRICES
9.1 All prices are in GBP(£). We do not accept any other currencies, but we do accept Paypal for international customer payments.
9.2 The prices of the Products will be as quoted on order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was given. However if you discover an error in the price of Product(s) you ordered, please contact us as soon as possible.
9.3 Orders placed with less than our minimum required 2 weeks notice will incur a short notice fee dependent on the details of the cake.
9.4 The price of a Product does not include delivery charges. We will provide you with delivery charges on order.
9.5 Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
10. HOW TO PAY
10.1 You can only pay for Products using a debit card or credit card via the Stripe payment service, bank transfer or via paypal.
10.2 Payment for the Products and all applicable delivery charges is in advance.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12. MISUSE OF THE SITE
12.1 We reserve the right to suspend or terminate your access to our Site or parts of it if at our sole discretion we believe you are in breach of any provision of these Terms. If your access has been suspended or terminated you will not be permitted to re-register or to re-access our Site without our prior consent.
12.2 You will only use our Site for the purposes referred to in these Terms and not access the Site or use information gathered from it to send unsolicited emails.
13. YOUR AGREEMENTS
YOU AGREE that:-
13.1 It is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. 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. We will not store your credit card or debit card details anywhere on the Site;
13.2 It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;
13.3 We shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;
13.4 You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
14. SYSTEM REQUIREMENTS
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 Site. You acknowledge and agree that any system requirements necessary to preview, and view/ purchase any Products from our Site are your responsibility.
