The Naked Cake Company – Terms and Conditions
Please read carefully as your acceptance of these terms are binding and these terms are relevant to purchases made from The Naked Cake Company
1. General Terms of Business
- All goods include VAT at the current rate where applicable.
- The Naked Cake Company reserves the right to change prices without notice and maintain a price differential between our shops and any online offers. If you wish to collect any item please ring to confirm prices or you will be charged the then current shop price.
- ALL goods will be dispatched as soon as possible, and take two to five working days to arrive. Where items are out of stock you will be advised and can decide whether to proceed with the order.
- Damages or shortages must be notified to The Naked Cake Company within 24 hours of receipt.
- When sending back any item the responsibility for the goods is yours until we receive them. The Naked Cake Company reserve the right to replace any item at their discretion.
- Please note: edible or foodstuff items are non-returnable under any circumstances.
- The Naked Cake Company shall not be liable for any consequential loss of the customer whether this arises from a breach of contract or any other way.
- In the event of cancellation of goods,
- Bespoke cakes- A 50% non refundable deposit is required on booking your cake. This deposit will not be returned to you if you wish to cancel your order but can be used against another item.
- Online orders for Cake Kits or any other cake supplies- Payment in full is required on these items upon ordering. We Reserve the right to charge an administration fee for cancelled cake orders. This us up to the discretion of The Naked Cake Company Staff.
- The Naked Cake Company’s total liability for any claim howsoever arising shall not exceed the price of the goods supplied by The Naked Cake Company to the customer.
- The Naked Cake Company will not be liable for any specific instructions set out in their website or in any documents accompanying the goods supplied. Every care has been taken to describe and show the goods accurately. Variations may occur in both design and specification as the manufacturers of the items improve their products.
- Please note pictures are for general illustration only and the product may vary from that shown.
- No employee of The Naked Cake Company is authorised to waive our terms and conditions.
- The customer’s statuary rights are not affected by any statement contained in the manual
- Prices quoted online are for online orders ONLY. Some items are not stocked in our shops and prices may vary between shops and online – this applies especially to special offers and discounts.
- English law applies to all transactions
We will use your contact details (your name, job title, telephone and fax number and your e-mail and postal addresses) to provide any services requested by you and also to tell you about important changes to the site and its functionality. These details will be used by us and by our associated companies to provide you with information about other services and products for the same purpose. We do not share any of your personal details with any 3rd parties.
The contents of this website are © As Cake! By Chloe Ltd Trading As The Naked Cake Company
4.Delivery Terms and Conditions
1.1 Payment must be made in advance before any goods are prepared or despatched.
1.2 In all circumstances we require payment before accepting an order.
- Delivery Options
2.1.1 The Naked Cake Company require at least 5 working days notice to send a cake for receipt on the fifth day or less. Orders that we agree to ‘rush’, or make ‘priority’ will have a surcharge of 25% and may be processed the same day. This is at the sole discretion of The Naked Cake Company, and you will be advised accordingly if this is possible. You agree to accept the date of delivery advised and accept any limitations that delivery day may have associated with it.
2.1.2 If you have chosen an agreed delivery date and time, The Naked Cake Company will make every endeavour to ensure that this time is met and it is your responsibility to ensure that delivery can be accepted on the chosen date, and if specified, chosen time. You accept that The Naked Cake Company will make every endeavour to ensure that delivery is made, and you agree that if nobody is available to accept delivery, a card will be left with details of how to arrange redelivery, or collection from the local depot. You accept that repeated handling of cakes in transit, can result in a greater likelihood of damage, and in this circumstance The Naked Cake Company accept no liability for damage to the goods, if you were unavailable at the agreed delivery time. You accept that unforeseeable logistics issues arise and that while The Naked Cake Company make every endeavour to ensure that delivery is made at the appointed time, The Naked Cake Company will not be held responsible in any way, for deliveries are unavoidably late or early.
2.1.3 Delivery is available on Monday to Friday as standard. Cakes sent via standard service on a Friday to a residential address are NOT Guaranteed to arrive on Saturday, but are guaranteed to arrive by Monday. In exceptional circumstances and subject to the agreement of The Naked Cake Company in its absolute discretion, Saturday and Sunday deliveries may be available subject to premium courier prices. If you do not wish to pay the premium for the guaranteed NON STANDARD Saturday delivery, and pay for a Friday dispatch, it is your responsibility to ensure that the delivery address can accept delivery on Saturday, in the event that the courier does still deliver, and you agree to accept full responsibility for any and all risks involved with the delivery timescales of this order.
2.2 All other cakes are made to order and you may choose delivery as follows:
2.2.1 Standard within 5 Days – we aim to deliver your cake on your chosen date (Tuesday to Friday only). You must give us at least 5 working days notice.
2.2.2 Express 4 days (25% surcharge payable) – we aim to deliver your cake on your chosen date (Tuesday to Friday only), with 4 to 6 working days notice. In some cases, we may accept ‘Urgent’ orders.
2.2.3 Delivery will be at any time up to 5.30 pm (unless otherwise agreed) and a signature is required on receipt. If nobody is available to accept delivery the carrier will leave a card with details of how to arrange redelivery, or collection from the recipient’s local depot.
2.2.4 We use a reliable, guaranteed, 24 hour delivery service to ensure your cake arrives on time. For this reason, guaranteed delivery on a Monday is not provided in the standard service. Once your cake is in the hands of the carrier we have virtually no control over the delivery process, so we recommend you choose a delivery date at least one day early to avoid disappointment.
2.2.5 You agree to advise us if you require delivery for a specific time, or on a Saturday. This will be discussed and if agreed will be subject to a surcharge.
2.3 Working days are Monday to Friday excluding Public Holidays in England.
2.4 You may choose a specific delivery date when placing your order and we will do our best to arrange delivery for that day. If you do not specify a date we will arrange delivery within the time frames detailed above.
- Delivery Process
3.1 We will make our best endeavours to track the progress of your delivery, if possible, but if this is necessitated for reasons outside of the control of The Naked Cake Company, this will incur a surcharge . Please contact us immediately if your cake does not arrive within the agreed time frame. We can only contact the carriers between 9.00 a.m. and 5.30 p.m. Monday to Friday excluding Public Holidays. You accept that we do everything possible to ensure your cake arrives on time, but cannot accept liability for any late deliveries, due to unforeseeable circumstances. Your agreement to these conditions is legally binding.
3.1.1 In the event that we cannot fulfil the order, due to factors that you have either partly or wholly contributed to, then providing that both The Naked Cake Company do not waste administrative time and you agree to be wholly bound by it The Naked Cake Company may decide in its absolute discretion to make you an offer in consideration of your loss and this offer may well be for additional products or for a partial refund only. Only if you accept full responsibility for the failure to deliver the service, will The Naked Cake Company make this offer. No further offers will be made and you accept that the final offer is binding and is non-negotiable.
3.2 If delivery is attempted and the carrier is unable to leave the cake (for example because nobody is available to take receipt) then the responsibility is with the customer to arrange redelivery or collection and we do not accept liability for late delivery.
3.3 In the unlikely event that your cake is lost during transit, you must notify us within 24 hours of expected delivery. Compensation may be available, up to a maximum of the price paid by the customer, if the cake cannot be traced and is confirmed as lost by the carriers.
3.4 You accept that we make every available endeavour to ensure that your cake arrives in perfect condition. In the unlikely event that the cake appears to have been damaged during transit, you must notify us immediately, and provide photographic evidence. Any replacement products, refunds or compensation will be considered, and may be granted at our sole and absolute discretion and only in the event that the cake is damaged beyond reasonable use. We will require evidence of any damage, which must be received by us before we consider any suggestion of recompense. This evidence may be in the form of photographs, or by returning the goods to us and must include the original packaging. If you state your request to seek a full or partial refund, we reserve the right to ask you to return the cake, in its entirety, at the point that you notify us, and provide evidence. No claims are accepted where a cake has been eaten including only partially eaten, before the claim has been made and discussed with The Naked Cake Company and photographic evidence provided, even if the time of day or day of week, prevents this discussion taking place. You accept that even if your cake is only partially or completely eaten whilst in your possession, then without written consent from us, you consent that you have accepted it ‘as is’, and have considered it to have been acceptable to you.
3.5 You accept that our handmade cake, is a representative of the discussions and images that we may have discussed and that for reasons of the avoidance of any infringements in copyrights or patents The Naked Cake Company may have to conceptually change visual designs to ones which avoid such potential infringements and you accept that no exact likeness to any image provided is being agreed to.
- Cancelling an Order
Our cakes and other food products are made to order and personalised to your specifications; orders therefore cannot be cancelled once the cake has been made. However, should you wish to change your order at any time please contact us immediately and we will make our best endeavours to meet your new needs, subject to our abilities, timelines and Terms and conditions.
- Corporate Orders
If you are placing an order through a company we may agree to credit terms, subject to receipt of your Purchase Order. A 50% deposit will be payable on acceptance of your order. Full payment must be made within 30 days of invoice date with no exceptions. Please contact us to make arrangements.
- General Terms
6.1. The Naked Cake Company or any of its partners shall not be liable for any consequential loss of the customer whether this arises from a breach of contract or any other way.
6.2 The Naked Cake Company total liability for any claim howsoever arising shall not exceed the price paid by the customer for the goods supplied by The Naked Cake Company or any of its partners to the customer.
6.3 Please note pictures are for general illustration only and the product may vary from that shown.
6.4 Your statuary rights are not affected by any statement contained in this document or our website
6.5 English law applies to all transactions
By placing an order with The Naked Cake Company, either through our website, over the telephone, or by any other medium you are agreeing to these terms.