Customer Terms & Conditions
We are SellMyCakes.com (referred to as "we", "our" or "us") a company registered as a bakership between Sam Lad and Lawrence Li that is registered in England and Wales.
Our registered office is at Unit 1364, 109 Vernon House, Friar Lane, Nottingham, NG1 6DQ. We work with bakeries, private bakers and cake outlets (our "bakers" / "bakers").
We are not ourselves a restaurant, baker or food outlet. We act as an agent for our bakers and facilitate their on-line operations.
This page sets out the terms and conditions (referred to as the "terms") on which we provide our service to you. Please read these terms carefully before you submit your order via our website.
By placing an order for food and other goods from one of our bakers via one of our App's or our website (www.sellmycakes.com), you agree to be bound by these terms and, where applicable,
the terms of sale of our bakers, which will be notified to you at the time of submitting your order. If you do not accept these terms, or the terms of our relevant bakers from which you
have chosen to purchase goods, you must not use or place an order via this website.
When we use the words "writing" or "written" in these terms, this includes e-mails, notifications and text messages.
Our contract with you
How your order is accepted
- When you place an order with us on our website, we will send you a confirmation e-mail that we have received your order but this shall not be deemed as acceptance of the order by our baker.
- Your order will then be transmitted to our relevant baker, who will accept or decline your order, and who will update you as to the progress of your order (as appropriate).
- If accepted you'll be required to make a payment on the order (either in full or the baker may allow a deposit). This payment MUST be made via credit/debit card or if the baker allows it via PayPal. At this point the order becomes a contract between you and the baker
- A contract will come into existence between you and our relevant baker at the point at which you make a payment on the order (be it in full or a deposit) this occurs after our relevant baker accepts your order and sends you the first progress update transmission and, where applicable, this contract will also incorporate the terms of sale of our relevant baker (which will be notified to you on our website before you submit your order).
In the case of conflict between these terms and the terms of our relevant baker as available on our website, the terms of our relevant baker shall prevail.
In the case that any of our bakers do not have their own terms of sale, these terms constitute the entire agreement between you and us.
If your order cannot be accepted
If your order cannot be accepted. If our baker is unable to accept your order, we will inform you of this by e-mail or via a notification.
This might be because a product is unavailable, because of unexpected limits on our resources or the resources of our bakers which we or they could not reasonably plan for or because our bakers have identified an error in the price or description of a product or because our bakers are unable to meet a delivery / collection deadline you have specified.
- Our contract with you does not include the production of the cake or ensuring the order completion, we act solely as an agent to facilitate the ordering process. Your contract regarding the cake itself is with the baker.
- A contract will not come into existence if our relevant baker declines your order for any reason.
- We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Our website is solely for consumers in the United Kingdom. Unfortunately, we do not accept orders from addresses outside the UK.
|Pending / New
||Order has been placed but not yet accepted
||The baker has accepted the order but the customer has not yet paid for the order
||The baker has rejected the order with a given reason
||Customer has confirmed the order and either paid a deposit or the whole balance. The order is now a binding contract
||The baker has started making and preparing your order
||The baker has encountered an issue with your order and has had to stop working on it, please check notes for details
|Ready to collect
||The order is ready for collection, the customer will need to contact the baker to arrange collection
|Ready for delivery
||The order is ready to be delivered by the baker, the baker and customer will need to organise the delivery
||The order was delivered / collected and is completed
||The order was cancelled by the baker / customer, a reason will be in the notes
- The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only and may vary slightly from the images displayed.
- The packaging of the product may vary from that shown in images on our website.
- Any information, descriptions, allergy information regarding any of the products on this website are provided by the bakers and are not verified by us. We are not liable for any inaccuracies in this information
- For customised cake products, you are responsible for providing a detailed specification of what is required. The bakers are not liable for anything that was not agreed at the time a customised order was placed.
- Not all of our bakers allow orders to be delivered but this information is made clear to you at time of ordering
- The costs of delivery will be as displayed to you on our website.
- Your order will be transmitted to our relevant baker at the point your order is submitted. Once accepted by them, you will be notified of the estimated delivery or collection time for your order and, subsequently, with progress updates for your order which can be tracked if you are a registered member of us, we cannot guarantee any tracking or notifications if you place an order with us as a non-member. If you choose to collect your order, we will notify you when your order is ready for collection. All food preparation and deliveries are the sole responsibility of our relevant baker that accepted your order.
- If delivery of your order is delayed due to an event outside our bakers control then they will contact you as soon as possible to let you know and they will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to request a refund for any order you have paid for but not received.
- Our bakers will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and, therefore, cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
- You have an obligation to ensure that someone is available at your address to take physical delivery of your order if you chose to have your order delivered to a UK address when placing your order. If, despite our or our baker's reasonable efforts to contact you, there is no one is available at your address to take delivery, or, if applicable, you do not collect your order once you have been notified that it is ready by our relevant baker, you will still be charged in accordance with our pricing and payment clauses.
- If you do not, within a reasonable time, allow our baker to deliver the products to you or collect them from our relevant baker, we will not refund any money you have paid in advance for products
Pricing & Payment
- Prices (which include VAT where applicable) are displayed on our App's and website and are confirmed on the order pages when you place your order. We take all reasonable care to ensure that the prices are correct.
- We accept payment with all UK Visa and Mastercard credit and debit cards and PayPal. You must pay for your order before our relevant baker will process it. We may charge a premium if you are using a non UK credit card or debit card.
- You have the right to cancel an order up until the moment you have made a payment. After this point, you must cancel the order via our baker in agreement with their terms and conditions at their discretion
- While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
- An order may be subsequently cancelled by one of our bakers after you have received an e-mail from them stating that the order has been accepted. We and our bakers reserve the right to cancel any order, before or after acceptance of your order, and will notify you immediately of any such cancellation. If your order is cancelled and payment has been taken from you, we will refund this as soon as possible via the original payment method.
- No right to withdraw - You have no right to withdraw your order if and when it concerns the delivery of goods that: are liable to deteriorate or expire rapidly; or are made to your specifications or clearly personalised.
Responsibility for loss or damage suffered by you
- We are not responsible for the cake or any damage or illness caused by the cake / baker. We solely are responsible for preventing fraud in the ordering process
- We are not liable for business losses. Our bakers only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not responsible for our baker. We are not liable whatsoever for any acts or omissions of our bakers or for any loss or damage (whether foreseeable or not) suffered by you as a result of their actions or omissions.
- We are not liable if you have told us that you have an allergy and you fail to call the baker to discuss this with them, or they fail to call you, we will also not be liable in the event that our baker causes damage or harm with any order in the event of any such allergy. It is your responsibility to act sensibly and accordingly to ensure that you have made every effort with your order if you have an allergy, if you feel that there is any risk then you must place an order with us or our baker and if you order then the order is entirely placed at your own risk.
- We are only responsible for the process of placing an order, we are not responsible for any errors or omissions from the baker or the customer.
- We are not responsible for alcohol supplied by our bakers.
- We are not responsible for
Our Bakers' responsibility
- Our bakers are responsible to you for foreseeable loss and damage caused by them. If our bakers fail to comply with these terms, our bakers are responsible for the loss or damage you suffer that is a foreseeable result of our bakers’ breaking this contract or our bakers’ failing to use reasonable care and skill.
- Our bakers do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes the liabilities as set out in our responsibility clauses.
- Our bakers are not liable for business losses. Our bakers only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our bakers will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will use the personal information you provide to us:
- to instruct our relevant baker to supply the goods to you (this includes passing your information to our relevant baker so that they can fulfil your order);
- to process your payment for the goods; and
- if you agreed to this during the order process, to give you information about promotions and similar goods that we provide, but you may stop receiving this at any time by accessing your account details.
- We will only give your personal information to third parties (other than our bakers) where the law either requires or allows us to do so.
- You have an obligation to ensure that the contact details that you provide to us are correct and up-to-date. We will not be responsible for delays or problems with your order caused by inaccurate information that you have provided to us.
Other important terms
- Allergies. Allergen information is available on the websites of our bakers. If you have an allergy, it is important that you read this information before placing an order. We are not liable for any inaccuracies in this information however. If you are unsure please contact the baker directly before placing an order
- Alcohol. It is illegal to sell alcohol to persons under the age of 18. Alcohol can only be sold and delivered to persons aged 18 or over and you may be asked for proof of your age upon delivery of your order by our relevant baker. By placing an order that includes alcohol, you warrant that you are at least 18 years old. We and/or our bakers reserve the right to refuse to deliver alcohol to any person who does not appear, or cannot prove that they are, aged 18 years or over.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may transfer our rights or obligations under these terms without your prior consent.
- This contract is between you, us and our relevant baker. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- We take all care to ensure that your data is held with us and we do not hold any sensitive credit or debit card information, but we are not liable for any attempts of Internet attack or compromise on our App's or website. We will notify you and the authorities in the event of any data being compromised
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
If you have any questions or complaints about one of our bakers, please contact us using our standard contact information that can be found on this website.
All questions or complaints about goods shown on our website should be directed to our relevant baker.