Terms
and Conditions
Welcome
to “The Natural Cake Company” website terms and conditions for use.
These terms and conditions apply to the use of this website at www.natural-cake.com
and www.natural-cake.co.uk and all other domains that refer you
to our website at this location. BY ACCESSING THIS WEBSITE AND/OR
PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS
OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The
www.natural-cake.com website is operated by: The Natural Cake Company
Limited.
Our
contact details are as follows: Trading address: 17A Beckenham Grove,
Bromley, BR2 0JN. General email: info@natural-cake.com Telephone
number: 0845 475 2253
1.
INTRODUCTION 1.1 You will be able to access most areas of this Website
without registering your details with us. Certain areas of this
Website are only open to you if you register. 1.2 We may revise
these terms and conditions at any time by updating this posting.
You should check this Website from time to time to review the then
current terms and conditions, because they are binding on you. Certain
provisions of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular pages of
this Website. If you do not wish to accept any new terms and conditions
after we have given notice, you should not continue to use this
Website.
2.
ORDERING FROM US 2.1 You are deemed to place an order with us by
ordering via our online checkout process. As part of our checkout
process you will be given the opportunity to check your order and
to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered. 2.2 Our acceptance of an
order takes place when we despatch the order. When we despatch the
order the purchase contract will be made even if your payment has
been processed immediately, unless we have notified you that we
do not accept your order or you have cancelled your order. 2.3 We
may refuse to accept an order: (a) where goods are not available;
(b) where we cannot obtain authorisation for your payment; (c) if
there has been a pricing or product description error; or (d) if
you do not meet any eligibility criteria set out in our terms and
conditions.
3.
PRICING 3.1 Our Prices do not include VAT (although most of our
products are VAT free). We are not VAT registered. 3.2 Where we
charge separately for packing, carriage and insurance and other
relevant charges, the appropriate rates are set out in our specified
pricing structure shown elsewhere on this Website. 3.3 Our prices
are reviewed periodically.
4.
CANCELLATION AND RETURNS POLICY 4.1 If you wish to cancel your order
you can notify us by email to info@natural-cake.com or by telephone
on 0845 475 2253 before we have dispatched the goods to you.
5.
LICENCE 5.1 You are permitted to print and download extracts from
this Website for your own use on the following basis: (a) no documents
or related graphics on this Website are modified in any way; (b)
no graphics on this Website are used separately from accompanying
text; and (c) any of our copyright and trade mark notices and this
permission notice appear in all copies. 5.2 Unless otherwise stated,
the copyright and other intellectual property rights in all material
on this Website (including without limitation photographs and graphical
images) are owned by us or our licensors. For the purposes of these
terms and conditions, any use of extracts from this Website other
than in accordance with clause 5.1 above for any purpose is prohibited.
If you breach any of the terms in these terms and conditions, your
permission to use this Website automatically terminates and you
must immediately destroy any downloaded or printed extracts from
this Website. 5.3 Subject to clause 5.1, no part of this Website
may be reproduced or stored in any other website or included in
any public or private electronic retrieval system or service without
our prior written permission. 5.4 Any rights not expressly granted
in these terms are reserved.
6.
SERVICE ACCESS 6.1 While we endeavour to ensure that this Website
is normally available 24 hours a day, we will not be liable if for
any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
7.
VISITOR MATERIAL AND CONDUCT 7.1 Other than personally identifiable
information, which is covered under the Privacy Policy* any material
you transmit or post to this Website will be considered non-confidential
and non-proprietary. We will have no obligations with respect to
such material. We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material and all
data, images, sounds, text and other things embodied therein for
any and all commercial or non-commercial purposes. 7.2 You are prohibited
from posting or transmitting to or from this Website any material:
(a) that 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; (b) for which you have not obtained
all necessary licences and/or approvals; (c) which constitutes or
encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law
of or infringe the rights of any third party, in the UK or any other
country in the world; or (d) which is technically harmful (including,
without limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious software
or harmful data). 7.3 You may not misuse the Website (including,
without limitation, by hacking). 7.4 We will fully co-operate with
any law enforcement authorities or court order requesting or directing
us to disclose the identity or locate anyone posting any material
in breach of clauses 7.2 or 7.3.
8.
LINKS TO AND FROM OTHER WEBSITES 8.1 Links to third party websites
on this Website are provided solely for your convenience. If you
use these links, you leave this Website. We have not reviewed all
of these third party websites and do not control and are not responsible
for these websites or their content or availability. We therefore
do not endorse or make any representations about them, or any material
found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to
this Website, you do so entirely at your own risk. 8.2 If you would
like to link to this Website, you may only do so on the basis that
you link to, but do not replicate, the home page of this Website,
and subject to the following conditions: (a) you do not remove,
distort or otherwise alter the size or appearance of the Natural
Cake Company logo; (b) you do not create a frame or any other browser
or border environment around this Website; (c) you do not in any
way imply that we are endorsing any products or services other than
our own; (d) you do not misrepresent your relationship with us nor
present any other false information about us; (e) you do not otherwise
use any Natural Cake Company trade marks displayed on this Website
without our express written permission; (f) you do not link from
a website that is not owned by you; and (g) your website does not
contain content that is distasteful, offensive or controversial,
infringes any intellectual property rights or other rights of any
other person or otherwise does not comply with all applicable laws
and regulations. We expressly reserve the right to revoke the right
granted in this clause 8.2 for breach of these terms and to take
any action we deem appropriate. 8.3 You shall fully indemnify us
for any loss or damage we may suffer or incur as a result of your
breach of clause 8.2.
9.
REGISTRATION 9.1 To register with The Natural Cake Company website
you must be over eighteen years of age. 9.2 Each registration is
for a single user only. We do not permit you to share your user
name and password with any other person nor with multiple users
on a network. 9.3 Responsibility for the security of any passwords
issued rests with you and if you know or suspect that someone else
knows your password, you should contact us immediately. 9.4 We may
suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these
terms and conditions.
10.
DISCLAIMER 10.1 While we endeavour to ensure that the information
on this Website is correct, we do not warrant the accuracy and completeness
of the material on this Website. We may make changes to the material
on this Website, or to the products and prices described in it,
at any time without notice. The material on this Website may be
out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any
conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, we provides you with this
Website on the basis that we excludes all representations, warranties,
conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and
the use of reasonable care and skill) which but for these terms
and conditions might have effect in relation to this Website.
11.
LIABILITY 11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and the officers,
directors, employees, shareholders or agents of any of them, exclude
all liability and responsibility for any amount or kind of loss
or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss
or damages, or any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection with
this Website in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked
to this Website or the material on such websites, including but
not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account
of your access to, use of, or browsing this Website or your downloading
of any material from this Website or any websites linked to this
Website. 11.2 Nothing in these terms and conditions shall exclude
or limit our liability for (i) death or personal injury caused by
negligence (as such term is defined by the Unfair Contract Terms
Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental
matter; or (iv) any liability which cannot be excluded or limited
under applicable law. 11.3 If your use of material on this Website
results in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof. 11.4 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 and conditions by you, or your use
of this Website, or the use by any other person using your registration
details.
12.
GOVERNING LAW AND JURISDICTION 12.1 These terms and conditions shall
be governed by and construed in accordance with English law. Disputes
arising in connection with these terms and conditions shall be subject
to the exclusive jurisdiction of the English courts. 12.2 We do
not warrant that materials/items for sale on the Website are appropriate
or available for use outside the United Kingdom. It is prohibited
to access the Website from territories where its contents are illegal
or unlawful. If you access this Website from locations outside the
United Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
13.
MISCELLANEOUS 13.1 You may not assign, sub-license or otherwise
transfer any of your rights under these terms and conditions 13.2
If any provision of these terms and conditions is found by any court
of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect. 13.3 Only the
parties to these terms and conditions may seek to enforce them under
the Contracts (Rights of Third Parties) Act 1999.
*Privacy
Policy:
In
accordance with the Data Protection Act, we will only use your personal
details for our own business purposes and will not pass your details
to any third party companies. We only take the details that are
essential for us getting your order out to you, or to contact you
regarding our order and when processing online transactions we never
receive your card details. The information that you will have to
enter includes: Name, Address, Phone Number, Email Address and Credit
/ Debit card details, unless you are paying via Paypal.
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