Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply and deliver any of the products (Products) listed on our website www.slimsamscakery.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us:
1.1. This website is operated by Slims Sam’s Cakery Limited (‘we’, ‘us’ or ‘our’).
1.2. We are registered in England and Wales under 07642853 and our registered office is at 146 New London Road, Chelmsford, Essex, England, CM2 0AW
2. Your status:
2.1. Any reference to ‘you’ or ‘your’ is a reference to you as our customer and to your rights and obligations.
2.2. By placing an order, you confirm that:
2.2.1. you are legally capable of entering into a binding contract;
2.2.2. you are eighteen years or over; and
2.2.3. you have read and agree to be bound by these Terms.
3. Ordering and The Contract:
3.1. Goods displayed on our website can be ordered online through our secure server, or by emailing us at firstname.lastname@example.org or by calling our telephone ordering service on 01634 365086. If there is anything you do not understand, please raise it at the time you place your order.
3.2. Your order constitutes an offer to us to buy our Products. All orders are subject to availability and subject to acceptance by us. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.
3.3. Our cakes are freshly made to order. All orders are subject to availability of ingredients to bake the products and acceptance of your order. We will confirm such acceptance to you by sending you notice (the ‘Order Confirmation’).
3.4. The contract between us (the ‘Contract’) will only be formed when we let you have the Order Confirmation and payment has been taken or received by us, whichever is later.
3.5. “The Contract” means any contract between us and you for the sale and purchase of the Products, incorporating these Terms and Conditions; ‘the Products’ means any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).
3.6. 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.
3.7. We sell goods only to end consumers. All goods are sold subject to the condition that they will not be resold.
3.8. A minimum of 3 working days is required for all orders.
3.9. The Contract may be subject to your right of cancellation (see Clause 7 below).
4. PRODUCT DETAILS
4.1. Products made in the kitchens of Slim Sam’s Cakery are made by hand and accordingly there will be minor variations in appearance. All illustrations and descriptions displayed on the Slim Sam’s Cakery website or distributed by email, brochure or in any other way are for guidance purposes only and will not form part of the Contract.
4.2. Please be aware that all our goods may contain nuts or traces of nuts.
4.3. We reserve the right to make alterations to the design, appearance and technical specifications of our products from time to time and at such time or at any other times, to make alterations to our advertised information concerning such Products, without notice. We reserve the right to substitute some or all of the contents or packaging with an item of equal or greater value without notice.
4.4. The description and 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 email@example.com or by telephone 01634 365086 to discuss your requirements and our prices.
5. Prices and Payment
5.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
5.2. Where you pay by Paypal, 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.
5.3. Where you pay by bank transfer or cheque, no payment shall be deemed to have been received until we have received cleared funds.
5.4. 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.
5.5. Delivery charges on the Delivery page are indicative only and we reserve the right to charge the actual cost of delivery without notice.
6.1. We deliver to any postal address in mainland United Kingdom including Northern Ireland, the Isle of Wight and the Scottish Isles. We also deliver to the Channel Islands and the Isle of Man. We do not deliver to the Republic of Ireland or to any other country outside the United Kingdom.
6.2. Products are posted by First Class Royal Mail. We normally dispatch orders Monday to Thursday, for delivery the next day.
6.2.1. The Royal Mail First Class service aims to deliver the next working day. Please note that Royal Mail advises that 95% of the parcels arrive on time but can occasionally be delayed. We are not liable for any delays in delivery once the Product has been posted.
6.2.2. Subject to the other provisions of these Terms and Conditions we will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products, nor will any delay entitle you to terminate or rescind the Contract unless such delay exceeds 30 days.
6.3. We will inform you of the date that your order will be dispatched. Please ensure that you have made arrangements for the order to be received.
6.4. Delivery is not available on Sundays, UK public holidays or for two days after a public holiday.
6.5. If you want delivery on a specific date or you require the Products urgently, we can dispatch the Products by tracked Royal Mail Special Delivery. In that event, an additional charge will be payable. Please contact us on 01634 365082 or by email at firstname.lastname@example.org for this option.
6.6. If products are damaged in transit, the maximum amount payable in respect of these products will be limited to the price of the products damaged.
7. Amendment of order and cancellation rights
7.1. You may amend or cancel your order by contacting us by email at email@example.com or by telephone on 01634 365086 prior to the following cut-off times:
7.1.1. in the case of our standard delivery service, no later than three hours after the Order Confirmation.
7.1.2. in the case of our Special Delivery service, no later than 30 minutes after the Order Confirmation.
7.2. If you amend or cancel your order within the time limits stated in clause 7.1, then within 30 (thirty) days of the amendment/cancellation:
7.2.1. If you have paid the price by Paypal, credit, debit or charge card, we will credit your payment card with the appropriate sum where required;
7.3. Where you amend or cancel an order outside of the time limits in clause 7.1, we will be unable to resell any unwanted goods since they are freshly made to order. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation.
8. Refunds policy in case of customer complaint
8.1. 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 immediately. As the Product(s) are perishable goods, you should inspect the Product(s) 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.
8.2. 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 8.3 if there is some other problem with the quality of the cake after the topping has been replaced.
8.3. Subject to your compliance with clauses 8.1 and 8.2 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:
8.3.1. make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
8.3.2. 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.
8.4. 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
8.5. Please note that perishable goods cannot be returned.
9. . Our Liability
9.1. 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.
9.2. We will not be responsible for any loss or damage to the Products after you have taken delivery of them except as set out in these Terms.
9.3. We cannot accept liability for losses which were not reasonably foreseeable by us when we agreed to supply you with the Products. 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.
9.4. The limitations in clauses 9.1 to 9.3 do not limit our liability:
9.4.1. for death or personal injury caused by our negligence;
9.4.2. under section 2(3) of the Consumer Protection Act 1987;
9.4.3. for fraud or fraudulent misrepresentation; or
9.4.4. for any matter which would be unlawful to exclude, or attempt to exclude, our liability.
10. Events outside our control
10.1. 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’).
10.2. 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
10.2.1. strikes, lock-outs or other industrial action; or
10.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
10.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
10.2.4. impossibility of the use of any relevant means of public or private transport; or
10.2.5. impossibility of the use of public or private telecommunications networks.
10.3. 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.
11.1. You will not be entitled to assign the Contract or any part of it without our prior written consent.
11.2. We may assign or subcontract the Contract or any part of it to any person, firm or company.
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 firstname.lastname@example.org
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.
13.4. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
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 e-mail or provide you with information by posting notices on our website. 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.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. 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.
15.6. These Terms will be governed by English law.
16. Personal Messages
16.1. You must agree that any messages posted by you as an instruction by you to be sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.
16.2. You are entirely responsible for any text or other material which you post or send on this message system and we accept no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the relevant Services at any time and without liability to you in the event of any such objectionable message.