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 provide a platform for bakers in the UK (“Baker” or “Bakers“) to display and sell the products (“Product” or “Products“) they make in their (“Store” or Stores”) for you to order (“Order” or “Orders“). The legal contract for the supply and purchase of Products is between you and the Baker that you place your Order with. 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.
1.4 Store Policies: Each Baker has the ability to set their own Terms and Conditions, which are available to view on their Store page under policies (“Policy” or “Policies”). Please read these Policies carefully before ordering any products as they form part of your contract with the Baker. By ordering the Baker’s Products, you agree to be bound by their Policies. In the event of a conflict between the Baker’s Policies and the Website Terms and Conditions, the Website Terms and Conditions take priority.
1.5. Allergy, dietary and other menu information: When a Baker lists a Product in their store, they must provide a list of the Product’s ingredients which is included on the Product page for information. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you acknowledge and agree that you will contact the Baker directly to check that the food is suitable for you and wait for their response, before placing your Order with them.
1.6. Delivery Services: Some Bakers on our Website offer their own delivery service in order to bring the Product(s) you order to you. In this case, the Baker may charge you a delivery fee (which we will collect on behalf of the Baker). In some cases, however, you will collect the Products yourself.
1.7. Baker actions and omissions: The legal contract for the supply and purchase of Products is between you and the Baker that you place your Order with. We have no control over the actions or omissions of any Bakers. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
- 1.7.1. We do not give any undertaking that the Products ordered from any Baker through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- 1.7.2. Estimated times for deliveries and collections are provided by the Bakers and are only estimates. We make no guarantee that Orders will be delivered or will be available for collection within the estimated times.
- 1.7.3. We encourage all our Bakers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Baker rejects your Order. However, we do not guarantee that Bakers will accept and fulfil all Orders, and Bakers have the discretion to reject Orders at any time, for any reason.
- 1.7.4. These Terms and Conditions do not affect your statutory rights.
2.1. Making your Order: Once you have selected the Products you wish to order from your chosen Baker, read their Policies and provided any required information, you will be given the opportunity to submit and pay for your Order. It is important that you check all the information that you enter and correct any errors, particularly any customisation options or text before committing to pay for the Order; once you do so you will be entering into a contract with the Baker and errors cannot be corrected (subject to paragraph 2.2. below).
2.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact the Baker and make the request but there is no guarantee or obligation for the Baker to agree as they may have begun work on your Order.
2.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Baker.
2.4. Processing your Order and Baker rejections: On receipt of your Order, we will send it to the Baker and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Baker but does not necessarily mean that your Order will be fulfilled by the Baker. We encourage all our Bakers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Baker rejects your Order. However, Bakers have the ability to reject Orders at any time for any reason, and if this happens any payment made in respect of the order will be returned to you in accordance with paragraph 2.6 below.
2.5. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is cancelled for any reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Baker will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
2.6. Incorrect pricing: This Website contains a large number of products and it is possible that some may include incorrect prices. If in the event of discovering a Product has been priced incorrectly, we will contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Baker is under any obligation to ensure that the Order is provided to you at an incorrect lower price or to compensate you in respect of incorrect pricing.
3. CUSTOMER CARE
3.1. General: Customer care is extremely important to us. If you have any concerns or queries about your Order, please contact the Baker in the first instance. If you have any problems contacting the Baker, please email [email protected] and our Customer Care team will try to assist you in contacting the Baker and resolving your issue.
3.2. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Baker, please first contact the Baker in order to give them an opportunity to resolve your issue and, where appropriate, follow the Baker’s own complaint procedures as detailed in their Policies in their Store. If you are unable to contact the Baker, or the Baker refuses to deal with your complaint, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Baker on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Baker that you place your Order with. We have no control over Bakers and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Baker.
4. WEBSITE AVAILABILTY AND REVIEWS
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. Reviews: Please consider providing feedback in the form of ratings, comments and reviews on the Website (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process.
4.4. Visitor Material: By posting any comments or reviews, uploading or transmitting any Visitor Material, you confirm that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
4.5. Reviews: In particular (but without limitation), any Reviews that you submit through the Website must not:
- 4.5.1. contain any defamatory, obscene or offensive material;
- 4.5.2. promote violence or discrimination;
- 4.5.3. infringe the intellectual property rights of another person;
- 4.5.4. breach any legal duty owed to a third party (such as a duty of confidence);
- 4.5.5. promote illegal activity or invade another\’s privacy;
- 4.5.6. be used to misrepresent or deceive or is otherwise objectionable.
4.6. Removal of Reviews: The prohibited acts listed in paragraphs 4.4 above are non-exhaustive. 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.
4.7. Limitation of Reviews: The Reviews and other Visitor Material on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods.
4.8. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Baker or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph.
5. LIABILITY & TERMINATION
5.1. Exclusion of liability: Subject to clause 5.2, 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:
- 5.1.1. any loss of profits, sales, business, or revenue;
- 5.1.2. loss or corruption of data, information or software;
- 5.1.3. loss of business opportunity;
- 5.1.4. loss of anticipated savings;
- 5.1.5. loss of goodwill; or
- 5.1.6. any indirect or consequential loss.
5.2. Limitation of liability: Subject to clauses 5.1, 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 twice the value of your Order or £100, whichever is lower.
5.3. 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.
5.4. 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 terms of these Website Terms.
6. EVENTS OUTSIDE OUR CONTROL
6.1. 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“).
6.2. 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:
- 6.2.1. strikes, lock-outs or other industrial action;
- 6.2.2. 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;
- 6.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 6.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 6.2.5. impossibility of the use of public or private telecommunications networks; and
- 6.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
6.3. 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.
7. ADDITIONAL TERMS
7.2. 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.
7.3. 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.
7.4. 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.
7.5. 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.
7.6. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
7.7. Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with English law.