Terms and Conditions
The following terms and conditions form the basis for any purchase of bespoke goods from Ms. Cupcake Ltd, London. The terms and conditions set out below will prevail over any others contained in any document or expressed orally, either by you (hereinafter referred to as the “customer” or “you”) or Ms. Cupcake Ltd. (hereinafter referred to as the “we”, “us”, or the “company”). Ms. Cupcake Limited is a limited liability company incorporated in England and Wales with Registered Number 07587053 and whose Registered Office is at Ms. Cupcake, 408 Coldharbour Lane, London, SW9 8LF. Our VAT number is 124758014.
By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact one of our team at firstname.lastname@example.org before placing an order with us.
These terms and conditions and your use of our web site are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
1.1 For online orders, you will receive a payment confirmation of your order via email. We also receive this notification which triggers us to process your order at the bakery. For orders placed at the Ms. Cupcake shop, you will be given a hand-written receipt with order details after payment has been authorised.
1.2 If you find an error in an order, or order confirmation email, or order receipt, please advise the Ms. Cupcake office immediately. The office can be contacted via phone on – 0203 086 8933 (option 3) or email email@example.com.
1.3 The Company must receive full payment for your order at least five full days prior to an order date for it to be confirmed. We reserve the right to withdraw an order from the customer if full payment of an invoice is not received by this time.
1.4 In all cases where orders are paid through a credit or debit card, holders are subject to validation checks and authorisation by the card issuer. If the issuer of the buyer’s payment card refuses or for any reason does not authorise payment to us (whether in advance of or subsequent to a payment) the Company will not be liable for any delay or non-delivery of the items ordered.
1.5 If you wish to change or add to an order, or change the date or time of delivery/collection, then we will do our best to accommodate you, provided that you contact the office (on the number above) at least five full days prior to your order date. Any changes are at the discretion of the Company and may not always be possible.
1.6 It is not possible to cancel an order once it has been paid for.
1.7 We will accept orders at our sole discretion, and retain the right to refuse orders without liability.
1.8 Ms. Cupcake retains the right to not accept orders during over-subscribed periods, or due to business closures. Every effort will be made to inform our customers and clients of any upcoming closures or unavailable periods.
2.1 The price to be paid by you for any of our items will be as quoted on our website or at the shop (except in cases of obvious error). Ms. Cupcake is under no obligation to provide the item to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price.
2.2 Prices are liable to change at any time, but changes will not affect orders which have been confirmed and fully paid for.
- RECEIVING ORDERS – COLLECTION
3.1 If you notice an error with an order upon collecting the item/s, please let us know immediately. We will do our upmost to rectify any issues with the order straightaway. No claims for damaged goods, short delivery or incorrect items will be entertained once the item/s has left the Ms. Cupcake shop.
3.2 If for any reason you are unable to collect the order from the Ms. Cupcake shop on the day that is specified on the order, we will retain the ordered items for collection by you for no more than twenty four hours. We will be unable to re-make any bespoke products regardless if the delayed collection time is after their recommended shelf life.
3.3 While every effort will be made to ensure that ordered goods are produced and ready for collection at the time and date agreed, there are occasions where production of your goods may be slightly delayed. We will ensure to do our best to keep you informed by phone, email or in person as to any projected delays and amended timelines for producing your items.
3.4 Ms. Cupcake reserves the right to substitute goods of a similar quality, quantity and value for those ordered by you.
3.5 If you choose to arrange your own courier or another person to collect orders from our shop they are acting as your agent and they will need to adhere to the clauses in these terms and conditions on your behalf. Ms. Cupcake cannot be held liable for any damages and/or shortages that occur after your order has left our shop.
3.6 Ms. Cupcake takes no responsibility for any damage caused to Giant Cupcake orders – once the good has been taken outside the premises. Customers will be informed about the fragility of the cake both when ordering and collecting this type of cake. Customers will also be informed on how to best to carry and transport the cake when collecting the good. Customers will be asked to sign a slip upon collection to confirm they understand this.
- RECEIVING ORDERS – DELIVERY
4.1 The goods shall be delivered to the delivery address specified on the order invoice. All risk in respect to the goods passes on to you after the delivery has occurred.
4.2 If a third party is receiving your delivery (i.e. a restaurant, neighbour or concierge) they are acting as your agent and will need to adhere to the clauses in these terms and conditions relating to ‘Failed Deliveries’ and reporting ‘Damages’.
4.3 Although Ms. Cupcake will endeavour to meet the dates and times specified for delivery, Ms. Cupcake shall not be liable in any manner for any delay or failure in delivery. If any delays to delivery are known in advance, we will ensure to do our best to keep you informed by phone or email regarding these amended times.
4.4 If there is no one to receive the delivery at your specified location during the specified time slot, then any chargeable waiting time accrued by the Courier will be billed to you.
4.5 If the Courier is unable to continue waiting at the delivery location, (and there is no one there to receive the delivery) then it will be deemed a ‘Failed Delivery’. The item/s will be returned to Ms. Cupcake by the Courier and you will be responsible to collect the items from our shop or arrange for your own delivery. We are unable to refund delivery charges for failed deliveries.
4.6 When you receive your delivery, please look into each box to confirm that all items have been delivered and that they have been delivered in satisfactory condition.
4.7 If any items are incorrect, missing or damaged, please draw this to the attention of the delivery driver and please also contact us straightaway (no more than 2 hours after delivery) by phone on – 0203 086 8933 (option 3). Please leave a message with details of the damage if no one is available to answer your call. No claims for damaged goods, short delivery or incorrect items will be entertained after this time.
4.8 Please do not send any items back with the delivery driver, instead please contact us as outlined in the above clause.
4.9 Ms. Cupcake reserves the right to deliver substitute goods of a similar quality, quantity and value for those ordered by you.
- RETURNS POLICY
5.1 If any items are missing, incorrect or damaged please follow the above instructions to report this to us and we will do our best to rectify the situation.
5.2 Since taste is a very personal matter and subjective we cannot accept the return of any products merely because you do not like the taste or texture.
5.3 The company will not be held liable if items are not consumed during the recommended time frame or are stored in an incorrect manner.
5.4 Any errors or complaints about the product/s (that are only revealed upon consuming the product/s) MUST be reported to the company within 24 hours of collection/delivery. This should be done by calling us on 0203 086 8933 (option 3). Please leave a message with details of your order and your dissatisfaction if no one is available to answer your call. The company will not be able to consider returns after this time has elapsed.
5.5 The company’s maximum liability to you shall not exceed the value of the items ordered by you.
5.6 Ms. Cupcake shall not be responsible for any failure or delay in performance of any obligation arising from any cause or causes beyond Ms. Cupcakes’ reasonable control.
5.7 The provisions of the clauses above do not affect your statutory rights.
6.1 Ms. Cupcake reserves the right to supplement or change these terms and conditions from time to time. Ms. Cupcake will make every effort to ensure that any such changes or supplements are made reasonably apparent to you.
6.2 These terms and conditions shall be governed by and construed in accordance with English law and the Courts of England shall have exclusive jurisdiction to which both Ms. Cupcake and you the Buyer will submit.