Terms of trading
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Cake Create Limited of Cake Create, 2 Holders Hill Parade London, NW7 1LY. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at cakes@cakecreate.co.uk or 020 8248 3111.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Cake Create Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8. Price
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery charges
10.1 References to "delivery" in these terms include both delivery to your specified address and collection by you (or someone on your behalf) from our premises, as confirmed when placing your order.
10.2 Delivery charges vary according to the type of goods ordered.
11. Delivery
11.1 Our delivery charges are set out by each specific item in our website.
11.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
11.3 Please note that we are only able to deliver to addresses within London within a 5 mile proximity of our location.
11.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11A. Collection
11A.1 If you choose to collect your order from our premises, you will specify your preferred collection date and time during the ordering process.
11A.2 Please collect your order during our stated business hours and bring your order confirmation with you. We reserve the right to refuse release of goods without proof of purchase.
11A.3 If you fail to collect your order within the agreed collection window, we may not be able to guarantee product freshness. Perishable items such as cakes cannot be refunded or replaced due to missed collection unless caused by our error.
11A.4 Risk and ownership of the goods passes to you once the goods have been collected.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
13. Cancellation rights
13.1 As all of our cakes and baked goods are freshly made to order and may be customised, they are considered perishable and/or personalised items. For this reason, they are exempt from the standard 14-day cancellation period under the Consumer Contracts Regulations 2013.
13.2 You may cancel your order if the scheduled collection or delivery date is more than 30 days away. In such cases, we will of a full refund or store credit at our discretion.
13.3 Cancellations made within 30 days of the scheduled collection or delivery date are not eligible for a refund. However, if cancellation is made more than 14 days before the scheduled date, we may offer store credit (subject to our discretion).
13.4 Orders cancelled within 14 days of the scheduled collection or delivery date are not eligible for store credit or refund due to the preparation and planning required for each order.
13.5 Once an order has been collected or delivered, it cannot be returned for health and safety reasons. We are unable to accept returned food items unless they are faulty.
13.6 If you believe your order is faulty or incorrect, you must notify us within 24 hours of collection or delivery. To allow us to investigate, the item must be returned to us within 1 calendar day of your notification, in as complete a condition as possible and stored appropriately (e.g., refrigerated) until return. Return of the item is at your own cost, unless the product is later confirmed to be faulty, in which case we will reimburse reasonable return costs. If the product is not returned within this timeframe, or has been discarded or consumed, we regret that we will be unable to investigate or offer any remedy. This is due to the perishable nature of our goods and the need for proper inspection.
13.7 We aim to follow all personalisation instructions as closely as possible. However, as all our products are handcrafted, minor variations may occur. We do not offer refunds or replacements for subjective dissatisfaction with artistic design choices, including colour shades, piping styles, layout, or interpretation, if the product otherwise matches the agreed order details.
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15. If there is a problem with the goods
15.1 If you have any questions or complaints about the goods please contact us. You can do so at cakes@cakecreate.co.uk.
15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.
15.4 Please note that some of our cakes use vibrant food-safe colouring to achieve specific designs or effects. While all colouring used is approved for consumption, strong colours (especially reds, purples, and dark shades) may temporarily stain lips, tongues, or hands. This is not considered a fault and does not entitle the customer to a refund or replacement. If you wish to avoid this, we recommend choosing cakes with lighter colours or a white base.
16. Liability
16.1 We will make every reasonable effort to fulfil your order accurately and on time. If we are unable to provide the goods due to an error or unforeseen circumstance on our part, you will be entitled to a full refund.
16.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or negligence. We are not responsible for any loss or damage that is not foreseeable.
16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
16.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
17. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Cake Create, 2 Holders Hill Parade, London NW7 1LY and all notices from us to you will be displayed on our website from time to time.
18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
20. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
22. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23. Other important terms
Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to The Retail Ombudsman through their website at www.retailadr.org.uk.
