Last Updated May 25th 2021
We reserve the right to change these Terms from time to time by changing them on this page. We advise you to save or print a copy of these Terms for future reference.
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Caketu Ltd is registered in England and Wales with registered company number 13417161.
1.2. VAT number: We are not currently VAT registered.
1.3. Commercial agency: We (Caketu, Caketu.com) provide a platform for you, the bakers (“Baker” or “Bakers“) to display and sell the products (“Product” or “Products“) you make via your (“Store” or Stores”) for customers (“Customer” or “Customers”) to order (“Order” or “Orders“). The legal contract for the supply and purchase of Products is between the Customer and you, the Baker. For the avoidance of doubt, any orders processed by Caketu through the Website are processed by Caketu in its capacity as commercial agent of the relevant Baker. After the customer places an Order, the Baker is solely responsible for communicating about all aspects of the Order with the customer. This includes, but is not limited to customisation requests, delivery/collection arrangements, complaints etc.
1.4 Store Policies: As a Caketu Baker, you have the ability to set your own Terms and Conditions, available to view on your Store page under policies (“Policy” or “Policies”). If you do not add your own Policies, standard Caketu Bakers’ Policies will apply. Please read these Policies carefully, and get legal advice before amending them as they form part of your contract with the customer. In the event of a conflict between a Baker’s Policies and the Website Terms and Conditions, the Website Terms and Conditions take priority.
1.5. Referral Fee: When an order is placed, Caketu collects the price paid by the Customer “Total Sales Price” which comprises the item price and any delivery, customisation or other charges. For all Products sold, Caketu deducts a referral fee calculated on the Total Sales Price. The referral fee may differ depending on your membership plan, but for free standard membership, the referral fee is 10.2% per item, with a minimum referral fee of £0.50 per item.
1.6. Distribution: If you choose to deliver products to the customer, you are responsible for this delivery, be it in person or via courier. You may charge a delivery fee (which we will collect on your behalf) which you can set in the Product listing page. You must ensure delivery arrangements conform to all food hygiene regulations, and that if customers are collecting items your premises are suitably insured.
1.7. Laws: You must ensure that you are compliant with all applicable laws and regulations, including but not limited to hygiene regulations, distance selling regulations, and employment law. Caketu is not liable for any errors or omissions on your part in this regard and you agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any other third party arising out of or in connection with any breach of the above.
1.8. Taxes: You must ensure you are compliant with all applicable tax regulations, including but not limited to VAT, and PAYE. Caketu is not liable for any errors or omissions on your part in this regard and you agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any other third party arising out of or in connection with any breach of the above.
2. REJECTIONS, REFUNDS AND DISPUTES
2.1. Rejection of Orders: The legal contract for the supply and purchase of Products is between you and the Customer that places an Order with you. Bakers have the discretion to reject Orders at any time, for any reason. We encourage all our Bakers to accept all Orders and to communicate any rejection promptly. If you are rejecting an order for any reason you must contact the Customer as soon as possible and initiate a full refund via your Caketu store dashboard. Caketu will refund your referral fee, minus a Refund Processing Fee, see paragraph 2.2 below.
2.2. Refunds: If you issue a full or partial refund to the customer for any reason, Caketu will refund your referral fee, minus a Refund Processing Fee of 5%, with a minimum Refund Processing Fee of £0.50.
2.3. Disputes: A dispute (also known as a chargeback, inquiry, or retrieval) occurs when a cardholder questions your payment with their card issuer. The issuer creates a formal dispute which immediately reverses the payment and is accompanied by a £15.00 dispute fee which we will pass on to you. We will work with you to submit all of the necessary text and images you feel are appropriate to respond to the enquiry. If the customer’s bank resolves the dispute in your favour, the fee is fully refunded and the payment restored. We recommend you keep photographic records of all Products at the point of transfer to the customer to assist your submission in the event of this happening.
3. CUSTOMER CARE
3.1. General: Customer care is extremely important to us. The Caketu platform provides a link between Bakers and potential Customers, but once an order is placed, all communication with the Customer becomes the responsibility of the Baker. Please remember to keep the customer informed of collection/delivery procedures, any necessary alterations to designs etc.
3.2. Allergy, dietary and other menu information: When you list a Product in your store, you must provide a list of the Product’s ingredients. This ingredients list is included on the Product page for information. If you change the ingredients in any product, you acknowledge and agree that you will amend the ingredients on the Product’s page before that Product is available for sale.
3.3. Complaints or feedback: In the event that a customer is dissatisfied with the quality of any Products or the service provided by you, we will encourage them to contact you in the first instance and, where appropriate, follow your own complaint procedures as detailed in the Policies in your Store. If they are dissatisfied with your response, they can contact our Customer Care Team and we will attempt to resolve the matter to the satisfaction of both parties. Ultimately, however, the legal contract for the supply and purchase of Products is between you and the Customer that places an Order with you. If we are unable to bring you to resolve the matter amicably, we will direct the Customer to consider providing feedback on your Store and/or Product in the form of ratings, comments and reviews on the Website (together, “Reviews”) to reflect their experience. Reviews are an important part of our quality control process.
3.4. Reviews: Please note that we will not normally intervene in the review process. Reviews are an important part of gaining feedback from customers and building trust in the Website and its Bakers. We reserve the right, but undertake no obligation unless required by law, to remove or edit at any time any Reviews or other Visitor Material posted for any reason.
4. WEBSITE AVAILABILTY AND INTELLECTUAL PROPERTY
4.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
4.2. Information security: The transmission of information via the Internet is never completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
4.3. Intellectual Property: By posting any text, photographs or any other material you confirm that you own or otherwise control all of the rights to such material. You agree that we will have no obligations with respect to any intellectual property you provide, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use the same in promotional material and for all other commercial or non-commercial purposes connected to Caketu.
4.4. Breach of Copyright and Trademarks: Any material that you submit through the Website must not breach the intellectual property of others or be liable to bring the site into disrepute. This includes, but is not limited to items which:
- 4.4.1. contain any defamatory, obscene or offensive material;
- 4.4.2. promote violence or discrimination;
- 4.4.3. infringe the intellectual property rights of another person, such as characters, trademarks, fonts or silhouettes;
- 4.4.4. breach any legal duty owed to a third party (such as a duty of confidence);
- 4.4.5. promote illegal activity or invade another’s privacy;
- 4.4.6. be used to misrepresent or deceive or is otherwise objectionable.
4.5. Indemnity: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any other third party arising out of or in connection with any material you provide in breach of any of the representations and warranties, agreements or restrictions set forth in these Terms and Conditions.
5.1. Payment Gateways: Caketu.com will offer both Stripe and PayPal as payment gateways. It will be for the Customer to choose which method of payment they wish to use at checkout.
5.2. Referral Fees: For all Products sold, Caketu charges the Baker a referral fee calculated on the Total Sales Price, which includes any delivery charges. The referral fee may differ depending on your membership plan, but for free standard membership, the referral fee is 10.2% per item, with a minimum referral fee of £0.50 per item.
5.3. Payment Method: Bakers can receive the proceeds from sales (less referral fees) via direct Bank Transfer, by completing the relevant details in the dashboard.
5.4. Payment Cycles: Caketu will generate payments to Bakers on the 1st and 15th of each month, or the next working day thereafter (the Payment Cycle). Payments will only be made in respect of completed orders up until 23:59 on the day before the payment is made. It is the Bakers’ responsibility to mark an order complete on the dashboard in order for it to be included in a Payment Cycle.
5.5. Missed Payments: Caketu takes no responsibility for missed payments due to orders not marked complete or due to missing or incomplete payment details. Bakers who miss a Payment Cycle must wait until the next cycle after these issues are resolved to receive payment.
5.6. Transfer Times: Payments should be visible in most accounts immediately, but owing to delays in some banking systems please allow up to 48 hours before submitting a query about delayed payment.
6. LIABILITY & TERMINATION
6.1. Exclusion of liability: Subject to clause 6.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
- 6.1.1. any loss of profits, sales, business, or revenue;
- 6.1.2. loss or corruption of data, information or software;
- 6.1.3. loss of business opportunity;
- 6.1.4. loss of anticipated savings;
- 6.1.5. loss of goodwill; or
- 6.1.6. any indirect or consequential loss.
6.2. Limitation of liability: Subject to clause 6.1, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.
6.3. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
6.4. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached any material provisions of these Website Terms.
7. EVENTS OUTSIDE OUR CONTROL
7.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event“).
7.2. 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:
- 7.2.1. strikes, lock-outs or other industrial action;
- 7.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
- 7.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 7.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 7.2.5. impossibility of the use of public or private telecommunications networks; and
- 7.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
7.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
8. ADDITIONAL TERMS
8.2. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.3. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
8.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
8.5. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
8.6. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
8.7. Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with English law.
If you have any concerns or queries about your store, products or the Website, please email [email protected] and our Customer Care team will try to assist you.