Terms and Conditions

Last updated March 21, 2022

1. Definitions

1.1 Customers are referred to as “you” or “your”. Valencia Cakes Ltd, doing business as Valencia Cake Design, is referred to as “we”, “us”, “our”

2. Contact & Company Details

Valencia Cakes Ltd

Suite 5, 39-41 Chase Side

Southgate

London

N14 5BP

Phone: 07944 896 362 Email: anne@valenciacakes.co.uk

Registered in England and Wales under company number: 13534088.

Our registered office is at: Suite 5, 39-41 Chase Side, Southgate, London, N14 5BP.

Our VAT Number is: GB 389 9369 09.

3. General

3.1 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect from when they are posted on the website (see date at the top) and it is your responsibility to read the Terms and Conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.

3.2 We only sell to those over 18. If you are under the age of 18, we may not accept your order and you must discontinue the order process now. By placing an order with us you confirm that you are at least 18 years old, or in the case of the product containing alcohol being a gift you also confirm that the recipient is 18 or over. You also confirm that the information that you give is correct and truthful.

3.3 The contract between us shall be governed by the Laws of the United Kingdom and any dispute between us will be resolved exclusively in the courts of the United Kingdom. English is the only language offered for the conclusion of the contract.

3.4 When you place an order, we collect certain personal and transactional information (e.g., name, address, email address). For details on how we use this information, please read our Privacy Policy.

4. Ordering

4.1 All orders must be made online on this website and are subject to these Terms and Conditions.

4.2 Acceptance of order and completion of the contract is made once the order is confirmed by us in writing (by email) and payment has been made in full. English is the only language offered for the conclusion of the contract.

4.3 We reserve the right not to accept any order due to one or more of the following:

4.3.1 The product is out of stock.

4.3.2 Payment has not been authorised.

4.3.3 Error in pricing or product description.

4.3.4 Unexpected limits on our resources which we could not reasonably plan for.

4.3.5 We cannot meet a deadline you have specified.

4.3.6 The criteria in clause 3.2 in these Terms and Conditions are not being met.

4.3.7 Technical failure of the website.

4.4 All products are subject to availability. In the unlikely event that we are unable to supply you with your request, we will notify you as soon as possible.

4.5 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.6 On occasion the product specification may change. If this does happen, we will do our best to contact you to offer you a substitute item of the same or better quality, at the same price. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable item.

4.7 Please make sure to thoroughly read our Allergen Guide and Ingredients information for any allergy concerns before ordering.

4.8 All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.

4.9 Products may vary slightly from their pictures: All our cakes, cupcakes and confectionery products are freshly baked and crafted by hand, each day. As every item is as individual as the person who made it, slight variations from the original website image may occur. The images of all 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.

4.10 Making changes to your product (bespoke cakes). If you wish to make a change to the product you have ordered, please contact us as soon as you can, and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.

4.11 We reserve the right to make minor changes to the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

4.12 We reserve the right to use photographs of orders we prepare on our website and social channels. If you would like to specifically request that we do not use pictures of your order, or that we provide you with a picture of your order we will usually be happy to do so but you must let us know at the time of ordering.

5. Risk

5.1 Risk of damage or loss to the goods supplied passes to you from the time we deliver the product to the address you gave us, or you or a carrier organised by you, collected it from us. We cannot accept any claim for damage, loss or deterioration after the delivery has been made. Please read the storage and handling instructions carefully upon receipt of your order, which can also be referred to on our website FAQ’s. This does not affect your statutory rights.

6. Delivery & Collection

Cakes, Cupcakes and Confectionery

6.1 Fresh to order layer cakes, cupcakes, confectionery and bespoke cakes are available for delivery.

Delivery rates are based and calculated on road distance (using Google maps) from our site in Hounslow. We will contact you with a quotation for your approval at the time of ordering.

6.2 Customers are required to provide clear delivery instructions, a contact name and telephone number for us to make a successful delivery to you. If for any reason, the delivery cannot be accepted during the agreed time slot and location, we will take your order back and retain it for the next 24 hours during which time you can call us on 07944 896 362 to request redelivery at an additional charge or to arrange personal collection from our site in Hounslow.

6.3 If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and do not accept any claim for a refund or replacement.

6.4 Collections can be made from the Valencia Cakes site in Hounslow. Simply advise and confirm the date and anticipated time for collection when placing your order. If, for any reason you are running late or are not able to collect as planned, please call us on 07944 896 362 to let us know.

6.5 Customers, or their dedicated carrier, are required to provide a valid order confirmation number and sign a disclaimer upon collection to confirm that the order has been received in good condition. Whilst we will provide the customer with correct handling and storage instructions on our website and with each order, once collected, the responsibility for any damage through transportation lies with the customer. Due to the fresh and fragile nature of our cakes, we strongly advise against collections by bike and recommend that journeys should take no longer than 30 minutes, especially during warm weather. For more details and advice on how to handle our fresh, delicate and perishable baked products, please see our cake storage and care guide on our FAQ’s on our website.

6.6 Should for any reason an order not be collected in time, we will retain it for 24 hours to allow you sufficient time to call us on 07944 896 362 to re-arrange a new time for collection. Please note that we do not offer refunds or replacements for orders that have not been collected within 24 hours after the agreed date and time.

6.7 Please make sure the delivery address and postcode are correct as we take no liability for goods being undelivered due to incorrect/inaccurate address details.

6.8 All delivery times are estimates only. Due to unforeseen circumstances out of our control, for example such as traffic conditions, we may not always be able to guarantee a delivery at a specific date or time, but we will always do our best to deliver as close to agreed times.

6.9 It is your responsibility that someone will be at the address to accept the delivery when being made and that the cake care and storage guides are followed.

7. Payment & Prices

7.1 All prices are quoted in GBP and are inclusive of VAT (where applicable) but exclude delivery costs unless otherwise stated.

7.2 Payment must be made when placing the order. This also applies to any pre-ordered items.

7.3 We accept payment by Visa, MasterCard, and American Express.

7.4 When using the card, you confirm that you are the cardholder or have permission to make payment with the card by the cardholder.

7.5 The price you will be charged is the price agreed at the time we receive / confirm your order. In the unlikely event that an incorrect price has been given, we will contact you as soon as possible to see if you would like to go ahead with your order at the correct price or cancel the order. If we fail to get in contact with you, we will cancel the order in respect of the incorrect priced product.

7.6 Please make sure you receive a receipt of payment via email as well as a confirmation of your order. Failure of either to arrive, might indicate that the order has not gone through successfully.

7.7 We reserve the right to change prices at any time. We reserve the right to amend prices at any time at our discretion before, but not after, we accept orders.

8. Cancellations

8.1 You can always cancel your order with us. Your rights when you cancel your order will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to cancel your order:

(a) If the product you have bought is faulty or misdescribed you may have a legal right to cancel the order (or to get the product repaired or replaced or a service re-performed or to get some or all your money back)

8.2 You may cancel your order because of something we have done or are going to do for a reason set out at (a) to (d) below and we will refund you in full for any products which have not been provided with. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to

(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed

(d) you have a legal right to cancel the order because of something we have done wrong

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

(a) perishable items or items that reduce in value once handled. This includes any food products, including cakes and cupcakes.

However, we do offer a goodwill cancellation basis for these products where certain requirements are met (see clause 8.5)

(b) made-to-order or customised products (see clause 8.6)

(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them

Fresh made-to-order layer cakes, cupcakes & confectionery

8.5 If you wish to cancel an order you have placed by telephone or online for any of our standard layer cakes and/or cupcakes, you must give us the following minimum notice to qualify for a refund:

(a) orders cancelled 7 days or more before the delivery/collection date will receive a full refund on the order total.

(b) orders cancelled within 3-6 days of delivery/collection will be entitled to a 50% refund.

Bespoke cakes

8.6 If you wish to cancel an order you have placed for a bespoke cake and/or bespoke cupcakes and you have received an invoice from Valencia Cakes Ltd, you will be entitled to:

(a) a full refund on the order total for cancellations made 28 days or more in advance of the delivery/collection date

(b) 50% refund for orders cancelled within 7-27 days of the delivery/collection date

How to cancel your order:

8.7 To cancel your order, please email us at anne@valenciacakes.co.uk giving as much notice as practicably possible (see clauses 8.5 and 8.6 for clarity)

Please provide your name, home address, details of the order, order number and your phone number and email address. For the avoidance of doubt, any order cancellations must be made in written form.

Cancellation due to Covid – 19 circumstances:

8.8 To offer our customers greater reassurance for booking a cake order in advance, please note that in the event of a government or local council mandated shutdown, we will offer to refund your order in full, or offer to hold it for a date of your choosing in the future, whichever option you prefer. If you need to cancel an order due to any other circumstances, it will be subject to our standard T&Cs.

9. Returns

9.1 If for any reason you are not happy with your cake order, please contact us immediately by email to anne@valenciacakes.co.uk

(a) We may ask that you return the product to us for quality inspection or provide photographic evidence within 24 hours from receipt of the order. If the product is faulty or misdescribed, we will either correct the mistake or provide a replacement prior to your event. If this is not possible, we will offer some or all your money back.

(b) We do not accept returns for any other reason on perishable items, so please read the product / ingredients descriptions, allergen guides and shelf-life information on our website carefully before placing your order.