Terms and Conditions | Cakes by Heidi

These terms and conditions apply between you, the user of this website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Heidi Maxwell trading as Cakes by Heidi, the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions. You should stop using the website Immediately.

In these terms and conditions, User or Users means any third party that accesses the website and is not either (i) employed by Heidi Maxwell trading as Cakes by Heidi and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Heidi Maxwell trading as Cakes by Heidi and accessing the website in connection with the provisions of such services. You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

All Content included on this website, unless uploaded by a user is the property of Heidi Maxwell trading as Cakes by Heidi, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphic, image, audio, video, software, data, compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication or otherwise and licence or right to use any trade

mark, logo or service mark displayed on this site without owners prior written permission.

You may, for your own personal, non-commercial use only, do the following:

Retrieve, display and view the content on a computer screen, tablet screen or mobile telephone screen.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes and content without the written permission of Heidi Maxwell trading as Cakes by Heidi.

Prohibited use

You may not use this website in any way which causes, or may cause damage to the website or interferes with any other persons use or enjoyment of the website or act in a way which is harmful, unlawful, abusive, threatening or otherwise objectionable or in breach of any applicable law, regulation or government order.

You may not transmit, store electronic copies of content protected by copywrite without the permission of the owner.

Privacy Policy and Cookies Policy

The use of this website is also governed by our privacy police and cookies policy which are incorporated into these terms and conditions.

Availability of the website and disclaimers

Any online facilities, tools, services or information that Heidi Maxwell trading as Cakes by Heidi makes available through the website is provided “as is” and on an “as available” basis.

Whilst Heidi Maxwell trading as Cakes by Heidi uses reasonable endeavours to ensure that the website is secure and free from errors, viruses and other malware, we give no warranty in that regard and all users take responsibility for their own security, that of their personal details and computers.

Heidi Maxwell trading as Cakes by Heidi accepts no Liability for any disruption or non availability of the website.

Heidi Maxwell trading as Cakes by Heidi reserves the right to alter, suspend or discontinue any part (or the whole of) the website including any products or services available.

Ordering of Bespoke Items (not Wedding related)

Prior to an order being placed or accepted for any items that are bespoke in nature, including any item not listed on the online store, a quotation will be needed and the date you require the goods for will be checked for availability. No quotation will be given if your required date is not available.

Heidi Maxwell trading as Cakes by Heidi will not honour the quote if any changes are required. In the event that any part of the bespoke item is changed, altered or in anyway different from the original description a new quotation is required.

The quotation given will be based entirely on the accuracy on information the customer supplies to Heidi Maxwell trading as Cakes by Heidi. The quotation in monetary terms will be valid for 7 days from its receipt but until a deposit is paid the availability of the customers chosen date is not guaranteed. The onus is on the customer to check with Heidi Maxwell trading as Cakes by Heidi that the required date is available prior to making any payments or deposits.

Heidi Maxwell trading as Cakes by Heidi reserve the right not to accept any work without reason or explanation.

To secure a chosen date and to place an order for a bespoke item (not wedding related) a NON-REFUNDABLE deposit is required. The deposit is £20 and in the event that the item on order is less than £20 then full payment is required.

The balance for the order is then required 7 days prior to delivery or collection.

Ordering of Bespoke items (Wedding Related)

Prior to an order being placed or accepted for any items that are bespoke in nature including any item not listed on the online store a quotation will be needed and the date you require the goods for will be checked for availability. No quotation will be given if your required date is not available.

Heidi Maxwell trading as Cakes by Heidi reserve the right not to accept any work without reason or explanation.

To secure a chosen date and to place an order for a bespoke item (wedding related) a NON-REFUNDABLE deposit is required. The deposit is £50 and in the event that the item on order is less than £50 then full payment is required.

The balance for the order is then required 14 days prior to delivery or collection.

Heidi Maxwell trading as Cakes by Heidi reserve the right to refuse to supply a quotation or to carry out any new and not existing contract or work.

Online Shop Items and Orders

By placing an order through our site, you warrant that:

you are legally capable of entering into binding contracts;
you are at least 18 years old;
you are a resident in one of the Serviced Countries; and
you are accessing our site from that country.

The images of Products on the Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on the Website.

You are responsible for opening and inspecting the Products upon delivery or collection and storing them correctly.

Suitability of items, Gluten/Allergens

It is the full responsibility of the customer not to assume that any item is free of any allergen or gluten. Heidi Maxwell trading as Cakes by Heidi bakes in an environment that has numerous allergens present including ‘nuts’. If the customer or intended recipient of the goods has any allergies, DO NOT CONSUME OUR PRODUCTS.

If the customer or intended recipient of the goods has diabetes, DO NOT CONSUME OUR PRODUCTS.

VOUCHERS AND GIFT CARDS

Heidi Maxwell trading as Cakes by Heidi may offer gift cards, discount promotions and other types of voucher. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between Heidi Maxwell trading as Cakes by Heidi and the holder of the Voucher (holder) when the holder redeems the Voucher by applying for a Service to commence.

A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

Heidi Maxwell trading as Cakes by Heidi reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

Heidi Maxwell trading as Cakes by Heidi reserve the right to cancel Vouchers at any time and also reserve the right to reject Voucher codes if fraud is suspected.

Vouchers cannot be redeemed any item of a lesser value than the vouchers printed value.

AVAILABILITY AND DELIVERY

For the purpose of these terms and conditions, free standard delivery is defined as deliveries to all UK mainland addresses excluding some areas of the Scottish Highlands which we are unable to deliver to. If you have any questions regarding delivery locations, please contact heidi@heidiscakery.co.uk. Heidi Maxwell trading as Cakes by Heidi cannot deliver to non UK based locations.
Delivery windows stated on the Website or via Email are an indication, and not a guarantee of delivery within these hours. Heidi Maxwell trading as Cakes by Heidi reserves the right to deliver your item at any point on the day of delivery set out in the dispatch confirmation.

Delivery will be completed when Cakes by Heidi or its authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, Cakes by Heidi, or our authorised courier company, will follow the delivery instructions provided by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.

The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. Cakes by Heidi will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.

The courier company may try to contact you on the telephone so that delivery can take place. The delivery driver will use the telephone number associated with your account, which may also be printed on the delivery label.

Heidi Maxwell trading as Cakes by Heidi’s obligation to deliver the item shall be fulfilled once the courier delivers the item at the safe spot specified by you or the item is considered safe by the courier.

If the personal handover of the item is not possible and no leave safe is available Heidi Maxwell trading as Cakes by Heidi may also deliver the item to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the item may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.

The customer will be notified of such delivery to a neighbour by delivery notice or via email.
If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance

Heidi Maxwell trading as Cakes by Heidi will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.

Heidi Maxwell trading as Cakes by Heidi reserves the right to change your delivery date with prior notice. If Heidi Maxwell trading as Cakes by Heidi has left your Products in your safe place, or another place deemed safe by the driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.

RISK AND TITLE

Once the delivery is completed, according to the preceding paragraph (i.e. signed for by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the item will be with the customer. This includes anything that would make the item inedible or unsafe to consume. Heidi Maxwell trading as Cakes by Heidi shall not be held liable for any damage, defect or loss which may occur thereafter.

You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Heidi Maxwell trading as Cakes by Heidi is not obliged to review the safe spot as to its general suitability.

Refusal of the item does not negate the charge for the Services. Heidi Maxwell trading as Cakes by Heidi will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.

PRICE AND PAYMENT

The price of the Products and delivery charges will be as quoted on our Website, in cart totals are available.

Delivery costs will differ dependant on the delivery location and this will be calculated and quoted prior to the acceptance by the customer.

Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which Heidi Maxwell trading as Cakes by Heidi has already sent you an Order Confirmation.

Payment for all Products and Services from the online shop must be by credit or debit card. All payments are carried out using the PayPal payment gateway, no Paypal account is needed and no payments details are kept by Heidi Maxwell trading as Cakes by Heidi.

Payment details are stored securely by a third Further details are set out in our privacy policy available on our Website. Heidi Maxwell trading as Cakes by Heidi does not have access to view your full credit or debit card details.

Items will only be despatched when payment has been made.

OUR REFUNDS POLICY

If you are unhappy with your item for a legitimate reason such as: the item was missing ingredients, the item was damaged or the item did not arrive, we will offer an appropriate refund as long as it can be shown that the item you were charged for was not supplied as it should have been.

WARRANTY

We warrant to you that any Product purchased from through the website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

OUR LIABILITY

If Heidi Maxwell trading as Cakes by Heidi fails to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

Nothing in this agreement excludes or limits our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
Defective products under the Consumer Protection Act 1987; or
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.