Terms and conditions
Please read these terms and conditions of sale (Terms) carefully. They will apply to any order you make for goods from The English Cheesecake Company Ltd. You understand that by ordering any goods, you agree to be bound by these Terms.
You should retain a copy of these Terms for future reference.
- 1.1 This website is operated by The English Cheesecake Company Ltd (we, us or our).
- 1.2 We are registered in England and Wales under 3952398 and our registered office is at Finsgate, 5-7 Cranwood Street, London, EC1V 9EE. Our main trading address is at 53-55 Pall Mall Deposit, 124-128 Barlby Road, London, W10 6BL. Our VAT number is GB 587 2997 66.
- 1.3 Any reference to you or your is a reference to you as our customer and to your rights and obligations.
- 1.4 Goods displayed on our website can be ordered online through our secure server, or by emailing us at email@example.com or by calling our telephone ordering service on +44 (0)20 8964 9556. If there is anything you do not understand, please raise it at the time you place your order.
- 1.5 Your order constitutes an offer to us to buy our goods. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you notice (the Order Confirmation). The contract between us (the Contract) will only be formed when we let you have the Order Confirmation.
- 1.6 The Contract will relate only to those goods confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Order Confirmation.
- 1.7 By placing an order, you confirm that:
- 1.7.1 you are legally capable of entering into a binding contract;
- 1.7.2 you are eighteen years or over; and
- 1.7.3 you have read and agree to be bound by these Terms.
- 1.8 Please understand that if you refuse to accept these Terms, you will not be able to order any goods from us. In case of orders made through the website please click on the button marked I Accept on the checkout page in the order process if you accept them. If you do not do that you cannot place an order.
- 1.9 We sell goods only to end consumers. All goods are sold subject to the condition that they will not be resold.
- 1.10 The Contract may be subject to your right of cancellation (see clause 5 below).
2. Description and price of the goods
- 2.1 The description and, subject to clauses 2.2 and 2.3 below, the price of any goods you order will be as shown on our website at the time you place your order, subject only to any inadvertent typographical errors for which we will not be liable. We also operate a bespoke service where non-standard goods may be ordered by special arrangement. If you are interested in such a bespoke service, please contact us at firstname.lastname@example.org or by telephone +44 (0)20 8964 9556 to discuss your requirements and our prices.
- 2.2 The prices of the goods include standard delivery charges. Additional delivery charges can be found on our website.
- 2.3 The prices of the goods stated on our website are those operating under our standard service. An additional charge will be payable if you require our express service, as stated at clause 4.2 below.
- 2.4 All prices are inclusive of VAT, where applicable.
- 2.5 The goods are subject to ingredient availability. You will be informed when placing your order if any goods cannot be produced and in that event, we will offer you an alternative.
- 2.6 Please be aware that all our goods may contain nuts or traces of nuts.
- 2.7 Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time you place your order. However, our website contains a large number of items and it is always possible that, despite our best efforts, some of the goods listed on our website may be incorrectly priced. We will verify prices when we give you your Order Confirmation.
- 2.8 We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious. However, we will advise you in writing where it is not possible to accept your order to buy the goods at the price stated.
- 2.9 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- 3.1 Payment for the goods may be made by debit, credit or charge card and (in whole or in part) by the redemption of gift vouchers The debit, credit and charge cards accepted by us are those listed on the website.
- 3.2 Where you pay by debit, credit or charge card, we will debit the price of the goods from your payment card at the time of your order. We reserve the right to terminate any Contract if we are refused payment.
- 3.3 Where you pay the price (in whole or in part) by gift voucher, the following Terms will apply to your use of the gift voucher and you should read them carefully. The gift voucher:
- 3.3.1 may be redeemed for those goods which are described on the gift voucher and the full cost of whichever delivery method you select. Accordingly, where you wish to redeem the gift voucher for goods of a higher value than the goods described on the gift voucher or where you require our express service (as to which see clause 4.2 below) then an additional charge will be payable, in accordance with clauses 3.1 and 3.2;
- 3.3.2 is non-transferable and cannot be sold, resold or redeemed in whole or in part for cash or any other form of credit. You should therefore note that if you choose to purchase goods of a lower value than those described on the gift voucher, we will neither issue you with a gift voucher for the remaining value nor will we pay you a part cash refund of the gift voucher but we will hold the balance which you have not spent to your credit to be used against further orders and we keep a record of all current vouchers and unused balances on vouchers; and
- 3.3.3 is valid for an indefinite period.
- 3.4 You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you.
- 4.1 We deliver anywhere in mainland UK by commercial courier. Delivery by other means or outside mainland UK may be possible by special arrangement but an additional delivery charge will be payable. If you require delivery outside mainland UK, we will discuss this with you when the order is placed.
- 4.2 If you order goods from our standard service, delivery will be made between Tuesday and Saturday on the date which you select and specified in our Order Confirmation. However, we also offer a next day service where you require the goods urgently. In that event, an additional charge will be payable. Full details of the additional charges applicable to our express service are available on our website.
- 4.3 Goods are supplied at a temperature appropriate to the food concerned and perishable frozen goods will be delivered in polystyrene freezer boxes containing dry ice in compliance with statutory requirements. A safety leaflet will be included on the handling of dry ice. Instructions for the defrosting of our frozen goods can be found on our website and we will include a copy of these instructions in the freezer box. You must follow the instructions for defrosting.
- 4.4 We will arrange a time for delivery once a Contract has been formed and confirm this to you in the Order Confirmation or by contacting you separately with a delivery confirmation. It is essential that you, or someone on your behalf, will be available to receive and sign for the goods at the delivery address at the agreed delivery time. If someone at the delivery address other than you signs for the goods, we are entitled to assume that person is authorised by you to do so.
- 4.5 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery time and date.
- 4.6 If no one is at the delivery address when delivery is attempted then the following arrangements will operate, depending on whether the order contains frozen perishable goods:
- 4.6.1 if the goods are frozen, they will be taken back by our driver and we will be unable to arrange a further delivery because of their perishable nature. In addition, since the goods cannot be resold, and since we will have incurred a delivery charge, we will be entitled to retain in full the price of the goods debited from your payment card;
- 4.6.2 if the goods are not perishable, they will be taken back by our driver and we will contact you to arrange a further delivery. We will not make any additional charge for this further delivery.
5. Amendment of order and cancellation rights
- 5.1 In the case of perishable goods, you may amend or cancel your order by contacting us by email at email@example.com or by telephone on +44 (0)20 8964 9556 prior to the following cut-off times:
- 5.1.1 in the case of our standard delivery service, no later than three hours after the Order Confirmation.
- 5.1.2 in the case of our express delivery service, no later than 30 minutes after the Order Confirmation.
- 5.2 If you amend or cancel your order containing perishable goods within the time limits stated in clause 5.1, then within 30 (thirty) days of the amendment/cancellation:
- 5.2.1 if you have paid the price by credit, debit or charge card, we will credit your payment card with the appropriate sum; and
- 5.2.2 if you have paid by gift voucher, we will credit your gift voucher.
- 5.3 Where you amend or cancel an order for perishable goods outside of the time limits in clause 5.1, we will be unable to resell any unwanted goods since they are freshly made to order and we will also have incurred a charge to our courier on the booking of your delivery. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation or the relevant gift voucher(s).
- 5.4 In respect of non perishable goods only, you have the right to cancel the order and to send back the goods at any time within seven working days beginning on the day after you receive the goods. A working day is any day other than weekends and bank or other public holidays. Please note that this right does not apply to perishable goods such as frozen goods.
- 5.5 If you wish to send back non-perishable goods, you need to comply with the following arrangements:
- 5.5.1 you must give us notice by telephone on +44 (0)20 8964 9556 or by email at firstname.lastname@example.org giving details of the goods concerned;
- 5.5.2 you should then return the goods to us, in secure packaging, within five working days of notifying us that you wish to return the goods. You will be responsible for the cost of returning any goods to us unless they are defective or we have delivered the goods to you in error or as a substitute. Alternatively, we can collect the goods from you, but you will have to pay the cost to us of recovering the goods;
- 5.5.3 you must take reasonable care to ensure that the goods and their packaging are not damaged, pending their return;
- 5.5.4 within 30 (thirty) days of the date on which you notify us of cancellation, and if you have paid the price of the goods by credit, debit or charge card, we will credit your payment card with the appropriate sum and if you have paid by gift voucher, we will issue you with a replacement gift voucher provided the goods are not damaged; and
- 5.5.5 if we have already collected the goods ourselves, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
- 5.6 In the case of mixed orders comprising both perishable and non-perishable goods, your cancellation rights under clause 5.4 above will only apply to that part of your order which comprises non-perishable goods. You may amend or cancel that part of your order which comprises perishable goods in accordance with the provisions of clauses 5.1 to 5.3 above.
- 5.7 For your protection we recommend, when returning any goods, you use a reputable delivery service which can provide evidence that they have delivered the goods to us. Please ensure that the goods which are being returned are packed with sufficient care to ensure that damage does not occur in transit. We will not be responsible for damage to returned goods caused by insufficient packaging. In most cases sufficient packaging means a strong cardboard box with adequate internal cushioning around the goods.
6. Refunds policy in case of customer complaint
- 6.1 Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect goods, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by telephone. We may then, at our discretion, require you to send us a photograph of the goods which are the subject of the complaint. We may also require you to return the cake to us, in which case we will refund the postage and packaging cost.
- 6.2 You should note that where you order any cake with a topping, the topping by its nature may become dislodged during transit. In most cases, you will easily be able to replace the topping on the cake and this will not affect the quality of the cake itself. Accordingly, in that event, you will only be entitled to the remedies under clause 6.3 if there is some other problem with the quality of the cake after the topping has been replaced.
- 6.3 Subject to your compliance with clauses 6.1 and 6.2 above, where you have received incorrect goods, a short delivery of goods or goods that do not meet with your reasonable satisfaction, we will, at our option:
- 6.3.1 make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
- 6.3.2 where you have paid the price of the short shipped or unsatisfactory goods by credit, debit or charge card, refund the appropriate sum to your payment card and, where you have paid by gift voucher, refund a credit to your gift voucher.
- 6.4 We will not require payment of any additional delivery charge in respect of the replacement of goods or making good their shortfall in these circumstances.
7. Our liability
- 7.1 If either of us fails to comply with these Terms, the relevant party will only be responsible for losses which are a direct and foreseeable consequence of the failure to comply with these Terms.
- 7.2 We will not be responsible for any loss or damage to the goods after you have taken delivery of them except as set out in these Terms.
- 7.3 We cannot accept liability for losses which were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price you paid for the goods in question.
- 7.4 The limitations in clauses 7.1 to 7.3 do not limit our liability:
- 7.4.1 for death or personal injury caused by our negligence;
- 7.4.2 under section 2(3) of the Consumer Protection Act 1987;
- 7.4.3 for fraud or fraudulent misrepresentation; or
- 7.4.4 for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
8. Events outside our control
- 8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
- 8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- 8.2.1 strikes, lock-outs or other industrial action; or
- 8.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- 8.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- 8.2.4 impossibility of the use of any relevant means of public or private transport; or
- 8.2.5 impossibility of the use of public or private telecommunications networks.
- 8.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
- 9.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent.
- 9.2 We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10. Import duty
- 10.1 If you order goods from us for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches your specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict the amount. Please contact your local customs office for further information before placing your order.
- 10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
11. Privacy and cookies
12. Making a complaint
- 12.1 We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at email@example.com.
- 12.2 We will try to resolve any disagreements quickly and efficiently. We endeavour to respond to all complaints within 14 days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days.
- 12.3 Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
13. Intellectual property
- 13.1 All rights, including copyright, trademarks, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these Terms confers on you any license or right under any of our trademarks, names or logos or those of any third party.
- 13.2 We reserve the right to issue legal proceedings against any persons who copy any text, photographs, images, graphics, logos, button icons, trademarks or any part of this web site.
- 13.3 The content of our website is and remains our property.
14. Written Communications
- 14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website.
- 14.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- 15.1 All notices given by you to us should be given to us by post at Unit 53/55, Pall Mall Deposit, 124-128 Barlby Road, London W10 6BL, or by email at firstname.lastname@example.org.
- 15.2 We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.
- 15.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.
- 15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
- 16.1 We may change these Terms without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understood the current version of our Terms.
- 16.2 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- 16.3 If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permissible by law.
- 16.4 If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so in England.
- 16.5 These Terms will be governed by English law.
The www.englishcheesecake.com website is operated by the English Cheesecake Company Limited of Unit 53/55, Pall Mall Deposit, 124 -128 Barlby Road, London W10 6BL. If you have any queries please contact us on +44 (0)20 8964 9556