In this document the following words shall have the following meanings:
1.1 – “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 – “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 – “Goods” means the articles specified in the Proposal;
1.4 – “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 – “Services” means the services specified in the Proposal;
1.6 – “Supplier” means Bespoke Cakes Of Colchester Ltd;
1.7 – “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3. The Order
The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
The Customer shall be deemed to have accepted the Proposal by placing an order (and signing this contract of law deeming the attached Proposal is correct and valid.) with the Supplier (“the Order”) within the period specified in Clause 3.1.
All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4. Price and Payment
The price for the Goods and Services is as specified in the Proposal and is exclusive any applicable charges outlined in the Proposal unless otherwise stated.
Payment of the price shall be in the manner specified in the Proposal.
If the Customer fails to make any payment within 7 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of £20 per 24 hour period on the outstanding amount.
The date of delivery specified by the Supplier is an estimate only.
All risk in the Goods shall pass to the Customer upon delivery. On delivery The Supplier renounces any contract, tort and or responsibility for the Goods.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods and the “End User Agreement” Has been signed and returned to “the Supplier”.
7. Customer Information
We may collect and process the following data about you:
i. Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
ii. Information provided voluntarily by you. For example, when you register for information or make a purchase.
iii. Information that you provide when you communicate with us by any means.
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
i. To provide information to you that you request from us relating to our products or services.
ii. To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
iii. To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
Where your consent has been provided in advance we may allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services which we believe may interest you. Where such consent has been provided it can be withdrawn by you at any time.
8. Storing Customer Data / Data Protection Act 1998
By providing your personal data to us, you agree to this transfer, storing or processing. We do our uppermost to ensure that all reasonable steps are taken to make sure that your data is treated stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, Sending such information is entirely at your own risk.
Disclosing Your Information
We will not disclose your personal information to any other party other than in accordance with this Terms and Conditions and in the circumstances detailed below:
i. In the event that we sell any or all of our business to the buyer.
ii. Where we are legally required by law to disclose your personal information.
iii. To further fraud protection and reduce the risk of fraud.
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of GBP 50.00 to cover costs incurred by us in providing you with the information.
9. Customer’s Obligations
To enable the Supplier to perform its obligations the Customer shall:
Co-operate with the Supplier;
Provide the Supplier with any information reasonably required by the Supplier;
Obtain all necessary permissions, licenses and consents which may be required before the
Commencement of the services, the cost of which shall be the sole responsibility of the Customer; and comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
To have all copyright and intellectual rights and material rights.
To pay the Supplier the full amount in GBP.
10. Supplier’s Obligations
The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier. (or to the best of the suppliers ability, via the Customer and or technical resources , cost, time and other commitments.)
The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. (governed under W3.org.uk/ Defracto standards).
The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects. (However the web hosting of the website is our of the Suppliers control and should be aimed towards www.000webhost.com / www.freehostingcloud.com).
In addition to the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 48hrs from the date of delivery. (any other defects over this period will be no responsibility of the “supplier”)
11. Cancellations and Refunds
Where the Goods are faulty or do not comply with any part of the contract, the Customer must notify the Supplier within 12hrs of delivery. Where a mistake has been made in the production or supply of goods or services, The Supplier reserves the right to resupply goods without affecting the original terms of the agreement.
Order cancellations can be made at any point and must consist of a phone call followed by a confirmation email to: email@example.com, however the customer must pay in full for any work already carried out on that order at the time of the cancellation. (if cancellation occurs in the last days of completion then the “customer” will en-cur a £50 surcharge above any work carried out.)
12. Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
13. Force Majeure
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes,other clients, overall workload, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
15. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. Any matter arising shall not be settled in court but by negotiation of the party’s involved and not utilising corporate size,strength or legal representation.
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