These Terms and Conditions apply to this cakenest.co.uk website. By visiting cakenest.co.uk or by placing an order, you confirm that you have read these Terms and Conditions and agree to adhere to them in their entirety. If you do not agree to these Terms and Conditions, you must not use this website. The Terms and Conditions are occasionally updated, so please check this page for the latest version whenever you visit cakenest.co.uk.
2. Trading details
Whenever you buy and we despatch a product through cakenest.co.uk website, you will be contracting with The Cake Nest Ltd, a limited liability company incorporated in England and Wales under the company number: 08486957.
Trading office: The Cake Nest LTD Furness Vale Business Centre, Calico Lane, Furness Vale, High Peak SK23 7SW
Telephone number: +44 (0)1663 749603
VAT registration number: 171940211
3. Ordering from us
3.1. Product description
We use our very best endeavours to make sure that every product on the cakenest.co.uk website is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout. The Cake Nest Ltd disclaims all representations and warranties that the content or information on this website is accurate, complete, up to date or does not infringe the rights of any third party.
3.2. Placing your order
When you place an order with us (by choosing an item and completing our online checkout process), we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we despatch it. A ‘purchase contract’ between you and The Cake Nest Ltd is therefore made at the point of despatch, and not at the point of ordering or payment. If you have cancelled your order within the permissible time period, or if we notify you that we cannot accept your order, then no purchase contract will have been made.
From time to time, we may not be able to accept an order for the following reasons:
- If, we do not have your chosen ingredients in stock
- Where we cannot obtain authorisation for your payment
- If there has been a pricing or product description error
- If you do not meet any eligibility criteria set out in our terms and conditions
- If the order for personalised products contains reference to any copyrighted information where you have not obtained permission
- If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
3.3. Changing or cancelling an order
All our cakes and cupcakes are handmade to order and so once the order has been set as ‘Processed’ or ‘Dispatched’ we are unable to cancel. If you find you have made an error with the cake details you will need to contact us at least 72 hours before your gift is due to be sent to rectify. After this period no alterations can be made
You may contact us to cancel you order while the status of the order is set as ‘new successful’.
The above details also apply to any changes wishing to be made to delivery details.
The status of your order can be viewed at any time by logging into your account. For further assistance you may call us on 01663 749603 (office hours) or email, please have your order number and email address to hand. Under some certain circumstances it may be possible to place your order on hold for another occasion.
Office hours are Monday to Friday 9:30am to 4pm – all enquiries will be dealt with during these hours.
3.4. Personalising your cakes
The Cake Nest Ltd aims to provide you with a fast, high-quality cake decorating service. Please double-check your order on screen and your acknowledgement email carefully to ensure that all the details are correct. You will be asked to approve the personalisation on the preview page by ticking a box. If you realise an error has been made prior to your order being ‘Processed’ then contact us and we will do our best to fix it. We cannot offer any refund where the order has been processed and the personalisation has been misspelt by you or is missing letters, or a photo has been uploaded and has not been of the right quality or a photo has not been uploaded.
When you are uploading a photo, images must be in JPEG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions at least 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it.
The preview page tick box will also confirm that you are the copyright holder or have the permission of the copyright holders to upload photos or designs. With photo uploads, the original photographer of the image, or any such other third party image as used by the customer, will remain the copyright of the customer. It is the customers responsibility to ensure that any image used but not owned by the customer has the permission of the owner to use the image. If we recognise any illegal use of other peoples copyright we shall refuse to print them. The Cake Nest Ltd will not be held responsible for any copyright infringement by the customer.
At cakenest.co.uk you can pay for your goods using most major credit or debit cards, or PayPal.
3.5.1 Credit card transactions
Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider, Stripe or Paypal for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order
4. Supply and pricing of goods
4.1. Supply of Goods
The cakes products sold on our website are baked by us in Derbyshire from the highest quality ingredients and shipped directly from The Cake Nest kitchen. These will arrive fresh and in good condition.
4.2. Prices and sales tax
All prices shown on the website include sales tax at the prevailing rate if applicable. Specific details regarding sales tax are outlined below:
Cakes are zero rated and therefore no VAT is charged
Non-food Items such as balloons, candles and other non-food add-ons will be charged at the standard rate of 20%
4.3. VAT Receipts
In most cases your order confirmation contains all the necessary information to constitute a simplified receipt in line with the HMRC guidelines. There is no VAT on cake which can be claimed back. However, should you require a full VAT invoice showing zero vat, these are available upon request, please allow up to 10 working days for these to be sent.
4.4 Cake sizes
The size of the cakes quoted on the website are only approximation.
It is standard in the industry to quote the size of the tin which the cakes is baked in and, depending on which recipe you have chosen, it is possible for the cake size to vary by a small amount.
6. Returns and Refunds
At The Cake Nest Ltd, we always send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem within three working days of delivery. We will then advise you on whether you are eligible for a refund or replacement.
6.1. Reporting a problem
If for any reason you are not happy with your The Cake Nest order, please contact the Customer Service Team. Call 01663 749603 or email. You will need to quote your order number and email address.
We aim to deal with any problem immediately and will do our best to resolve it. We may ask you to provide photograph(s) of the product to help us understand the problem or we may ask you to return it.
Please note: Cakes are perishable, we need to be informed of any problem with your order within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement after this time.
6.2. Returning products and issuing refunds
If the recipient receives damaged cakes or they fail to arrive, please contact us immediately so that we can arrange to re-send on the next available delivery date or to issue a full or partial refund. The amount of partial refund will depend on the specific circumstances surrounding the cake.
It is not our policy to offer both a refund and a resend. Where a cake has been damaged we will normally ask for photographs clearly showing the problem so we can use them to determine the cause of damage so we may review our processes. It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within three days of the delivery to give us the best chance of successfully resolving the issue.
Refunds cannot be given if the fault is a result of your own actions such as product misuse, incorrect address information or if personalisation is misspelt or if you have uploaded an image of a low resolution or size.
The maximum that can be issued would be the total cost of the order including delivery. We do not offer any form of further compensation.
6.3. Multiple refund requests
If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right to refuse a refund or replacement of an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.
7. Your privacy and security
The Cake Nest Ltd. is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998.
8.1 Full details of all our delivery options are found on our ‘Delivery Information’ page.
All deliveries are carried out by one of the following companies; DHL, UPS or Royal Mail. The Cake Nest Ltd work closely with all our delivery services to ensure that your order is delivered on time and in the condition in which it left our kitchens.
If there are any issues with delivery then you will need to report this immediately to our Customer Services Team so that they can work with the couriers to resolve the issue as promptly as possible.
8.2 Free Delivery options
The Cake Nest offer 2 Free delivery options on our website.
When a Cake Card or Cake Slice Club is ordered 3 days in advance and FREE delivery is chosen then we will send the order via Royal Mail 1st Class. As stated Royal Mail advise that 90% of these deliveries will be made next day but can take up to 3 working days. Please check the date you require your Cake Card or Cake Slice Club for to ensure the occasion is met.
FREE delivery for advance booking is only applicable to weekdays, weekends are excluded from this offer.
8.3. Failure to deliver Cakes
If the recipient is not at home, the courier will complete an easy to understand “Sorry You Were Out” card, which is posted through the letterbox, to notify the recipient of an attempted delivery. The couriers will also try a neighbour if possible before taking the delivery back to the depot. Our couriers will try all available options to deliver the cake within their remits before returning the order to the depot.
Couriers do not call ahead to advise they will be delivering and phone numbers provided are for the sole use of when a location cannot be found. A driver will call for further directions in these instances.
The courier may attempt redelivery later in the day but do not guarantee this will happen. If re-delivery is not attempted on the same day they will try again the next working day (i.e. Monday, if Friday is the delivery date). The recipient also has the option to call or go online to arrange a redelivery on a specified day of their choice.
While we pass along specific delivery instructions to our couriers it may not always be possible for these to be adhered to. Therefore we do not guarantee these actions will take place. A driver may decide not to leave the cakes in a specified place if, for example, they believe there is a risk of theft. If we do follow your delivery instructions and the cakes are subsequently stolen, The Cake Nest Ltd will not be liable for this loss.
Please note that cake orders can only be delivered to premises where it can be signed for, unless stated by the customer during the ordering process. The recipient also has the option to call or go online to arrange a redelivery on a specified day of their choice. The Cake Nest Ltd shall not be liable for any loss or refund if the courier cannot obtain a signature.
8. Letterbox cakes
8.1. If you have ordered a letterbox cake, it will automatically be sent via Royal Mail unless courier delivery is specified and paid for at the time of ordering.
Royal Mail 1st Class service is used for all free delivery Letterbox orders. Royal Mail advises that these deliveries take up to 3 working days and so we cannot guarantee the delivery date for these deliveries. We will endeavour to send your order in time for an occasion but some circumstances out of our control may mean the delivery takes the full 3 working days. If you require your Letterbox cake for a specific date we advise using our courier service.
If your question has not been answered please call 01663 749603 or email.
9. Content Rules
We do not permit personalised products to include any content or material which:
- infringes anyone’s copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright holder to include that image or other content in the personalised product
- infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
- contravenes any applicable law (including, without limitation, any criminal law) or regulation
- is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
- misrepresents identity or impersonates any person
- includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
- contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- may harass, upset, embarrass or alarm any person
- gives the impression that it emanates from or has been approved by us
- advocates, promotes or assists any unlawful act
10. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
11. Reporting a problem
If for any reason you are not happy with your The Cake Nest Ltd order, please contact our Customer Service Team on 01663 749603 or email. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take photograph(s) of the product to help us communicate with our suppliers and enable us to adjust our processes in order to avoid future problems. Should it be necessary, we will then advise you how to return your item.
Please note: because cakes are perishable, we need to be informed of any problem with your order within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement.
12. Website content and service access
We will always try to ensure that cakenest.co.uk is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We use reasonable care and skill to provide cakenest.co.uk in accordance with our specifications for cakenest.co.uk but:
- the Services are provided “as is”
- we cannot and do not guarantee that The Cake Nest or the Services will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.
We, our directors and employees will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
- any loss or corruption of data
- any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website, or anything done while your Account is logged into the Website.
We reserve the right at any time and without notice to (a) suspend or terminate your ability to access cakenest.co.uk, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using cakenest.co.uk if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
These Terms are intended to contain your entire agreement with us relating to the Services, the Website and the App.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and The Cake Nest Ltd shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time, and post the new version on cakenest.co.uk The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, The Cake Nest, and (ii) the refinement of provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and The Cake Nest. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
We do not separately file the Terms entered into by Users when they register for cakenest.co.uk. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.