1. THESE TERMS AND CONDITIONS
1.1 What these terms cover. These are the terms and conditions on which Make Bake Enjoy (referred to as ‘Make Bake Enjoy’, ‘I’, ’me’ or ‘my’ within this document) supply goods to you, the customer (referred to as ‘you’ or ‘the customer’ within this document).
1.2 Why you should read them. Please read these terms carefully before you submit your order request. These terms tell you who Make Bake Enjoy are, how Make Bake Enjoy will provide products to you, how you and Make Bake Enjoy may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms (or require any changes), please contact Make Bake Enjoy to discuss.
2. INFORMATION ABOUT MAKE BAKE ENJOY AND HOW TO CONTACT
2.1 About Make Bake Enjoy. Make Bake Enjoy is a sole trader established in England and Wales that provides baked goods. Make Bake Enjoy is fully insured; in possession of all relevant food safety & hygiene qualification and their certificates; and is registered with the Food Standards Agency.
2.2 How to contact Make Bake Enjoy. You can contact me (Charlotte) at Make Bake Enjoy at the following email address: charlotte@makebakeenjoy.com
2.3 How Make Bake Enjoy may contact you. If I need to contact you, I will do so by telephone using the number you have supplied on your order request form or by writing to you at the email address you have provided on your order request form.
3. MAKE BAKE ENJOY’S CONTRACT WITH YOU
3.1 Requesting an order, how Make Bake Enjoy will accept your order & securing your booking slot/requested date. To request an order for any product, you will need to complete the order request/order form for the product you are looking to purchase on my website (www.makebakeenjoy.com) with the following notice periods as a minimum for each product:
(Clause 3.1 continued) Orders with a shorter notice can be negotiated and arranged if possible, but please note the same terms outlined in the Refunds & Cancellations section below (see Clause 7) apply to all orders including those created with a shorter notice period.
To ensure all orders and order requests are centralised, no orders will be accepted via any social media accounts, over the phone or by text unless I have explicitly agreed to start your order through any of the three aforementioned means. I will respond to any order requests (via email) as soon as possible with an aim to respond within 1-2 working days.
Once your order request has been received, your request will be reviewed to ensure the date and design you have requested is available. I will confirm the outcome of your order request with either an order confirmation, an update (if your requested date and/or design aren’t available but another proposed one is) or a cancellation. Any order confirmations or updates you receive must be responded to with further changes and/or a payment (via bank transfer) within 48 hours of receiving it in order to retain your requested or proposed date for your order - please note changes must be finalised within this 48 hour period unless Make Bake Enjoy has explicitly agreed to extend this period of time for making changes. Make Bake Enjoy reserves the right and sole discretion to reject any order request or further changes to it if is not possible due to, but not limited to, any of the following reasons: either the date requested, design, stock or collection/delivery method is not available.
My acceptance of your order will take place when I email you to accept it with an order confirmation (or an order update if your requested date and/or design aren’t available but another one that I propose is), at which point a contract will come into existence between you and I.
Your order is not secure until payment within the requested timeframe is received. If no payment is received through the requested means within the requested timeframe of 48 hours from time you have received the order confirmation or update, your order will be automatically cancelled and the contract with you will be ended unless Make Bake Enjoy has explicitly agreed to make an exception.
Your order is secure once you have agreed you are happy with the details on the order confirmation by letting me know via email (sent to charlotte@makebakeenjoy.com) and by making the requested payment within the requested timeframe. If you make a payment outside of the requested timeframe, I will (if possible) offer you a new delivery or collection date to align with the date payment was received or refund you the amount you have paid and the order will be cancelled if it is not possible to offer you a new delivery/collection date or if the new delivery/collection date is not suitable for you.
3.2 Payment and pricing. Unfortunately, it is not currently possible for payments to be made via cash, debit or credit card. Payment must be made via bank transfer and payment details for the bank transfer will be included on your order confirmation or order update. If no payment is received through the requested means within the requested timeframe of 48 hours from reception of the order confirmation or update, your order will be automatically cancelled unless Make Bake Enjoy has explicitly agreed to make an exception.
The price of the product(s) you order will be on the website (excluding any changes you make on your order request form). The final price will be confirmed by Make Bake Enjoy on your order confirmation or update. While Make Bake Enjoy take all reasonable care to ensure the pricing of a product is correct, it is possible that it may be incorrect. In the event that a product’s price is incorrect and the correct price is lower, I will write to you (via the email address you have provided) to highlight a change in the amount due or refund you the difference if a payment has already been made. If the price is incorrect and the correct price is higher, I will write to you (via email) to arrange for the higher, correct amount to be paid. The same time frame of 48 hours applies to this payment should the situation arise.
3.3 If I cannot accept your order. If I am unable to accept your order, I will inform you of this (via the email address you have provided) and will not charge you for the product. This might be because the date, design or product you have requested is unavailable or out of stock because of unexpected limits on my resources which I could not reasonably plan for; because I have identified an error in the price or description of the product; or because I am unable to meet a delivery or collection deadline you have requested.
3.4 Your order reference. I will assign an order reference to your order and include this on your order confirmation. You can also find your order reference on the copy of your order request which will be sent to the email address you included on your order request. It will help if you can include the order number whenever you contact me about your order.
3.5 Make Bake Enjoy only sell to the UK. My website is solely for the promotion of our products in the UK. Unfortunately, I do not deliver to addresses outside the UK.
4. MAKE BAKE ENJOY’S PRODUCTS AND OFFERS
4.1 Products may vary slightly from their pictures. As every design and product is unique, the images of the products on my website are for illustrative purposes only. Although I will make every effort to be as accurate as possible, because all products are handmade, all sizes and measurements featured on my website have a 2% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on my website or social media.
4.3 Loyalty card offers and discounts. To take advantage of the loyalty card offer, customers must make 6 orders in the same name or to the same address and show that they have collected 6 loyalty cards from these orders (evidence of this can be provided by sending a photo of the loyalty cards through via email). Once evidence has been provided, the discount will apply to every 7th order they make providing they have shown loyalty cards from the previous 6 orders. The loyalty card discount only applies to one box of 6 cupcakes or one tray cake in any order they are applying the loyalty card discount. The loyalty card discount will only apply to the product and will not apply to any delivery charges.
4.4 General offers and discounts. Unless otherwise specified, any offers or discount codes cannot be used in conjunction with any other offer or discount code. Unless otherwise stated, any offers or discounts do not apply to delivery charges. Any refunds will take into account any offers or discounts that were applied to the order. Make Bake Enjoy reserves the right to decline the application of an offer or discount code to an order if it is invalid. Make Bake Enjoy reserves the right to withdraw a promotion at any time.
5. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
5.1 Making changes to your order. It is important to ensure you are happy with the details on your order confirmation or update before making any payment. If you would like to make any changes to your order after you have made your payment, you will need to notify me via email as soon as possible at charlotte@makebakeenjoy.com and every reasonable effort to accommodate your requested changes will be made. Please note Make Bake Enjoy reserves the right to refuse any changes to your order if they are not possible for any reason. In the event you do not want to continue with your order as a result of any changes that are refused, please refer to the Refunds & Cancellations section below (see Clause 7) to find out the level of refund you may be eligible for.
6. PROVIDING THE PRODUCT(S)
6.1 Delivery and collection costs. The costs of delivery will be as displayed to you on your order confirmation or order update. You can also find out an estimate for your delivery cost on the website.
Collection is free.
6.2 When and how I will provide the product(s). The date and time for the delivery for your product (along with the delivery costs) will be included on your order confirmation. Deliveries outside the 15-mile radius can be requested, negotiated and quoted for, but Make Bake Enjoy reserves the right to refuse these.
For collections, the date and time for collection of your order will also be included on your order confirmation.
Please ensure the address and date for delivery or collection are correct before making payment and please ensure you are available to take delivery or collect at the specified date and time.
Deliveries will be made to the entrance of houses/flats/apartment blocks/offices only in order to ensure that deliveries can remain contact-free for the foreseeable future due to COVID-19. No entries will be made into buildings and customers must abide by social distancing rules during any delivery or collection, failure to do so may result in your order not being delivered.
Customers must abide by social distancing rules during collection also, failure to do so may result in your order being cancelled (see Clause 7.2 for cancellations made by Make Bake Enjoy).
6.3 If you are not home for delivery or cannot collect your order. Make Bake Enjoy bears no liability if failure to collect or take delivery for the order at the specified time, date and address that was agreed by both parties results in the product missing its intended event. Make Bake Enjoy is under no obligation to make a replacement if the customer fails to collect their item within the requested timeframe or if they are not in to take delivery. No refunds will be issued for products (or their delivery charges) that cannot be delivered or collected due to the customer unless notice of any delivery or collection changes or a request to cancel the order is provided by the customer far enough in advance (at least 72 hours) of the delivery or collection date. Make Bake Enjoy also reserves the right to refuse delivery or collection if any changes to agreed address, date and/or time are not suitable.
6.4 Unforeseen circumstances and/or delays. Make Bake Enjoy will make every reasonable effort to ensure your order is on time for when you want it. However, exceptional and unforeseen circumstances may arise that could result in delivery or collection being delayed or prevented. These circumstances may include, but are not limited to, sudden illness, accident, unsuitable weather conditions, traffic delay(s) or diversion(s) or other factors beyond Make Bake Enjoy’s control and/or those commonly associated with force majeure events. In the event delivery or collection, Make Bake Enjoy will only be liable for the quoted value of the cake included on the order confirmation. In the event that delivery has been delayed, Make Bake Enjoy will only be liable for up to 50% of the delivery cost. Make Bake Enjoy bears no liability for any emotional, physical or financial distress or loss as a result from prevented or delayed delivery or collection.
6.5 When you own and become responsible for the product. You own the product when you have made the payment in full and it has been delivered to the specified address or has been collected.
A product will be your responsibility from the time I deliver the product to the address you provided or you (or a carrier organised by you) collect it. After this point, Make Bake Enjoy will not be liable for any damage or adverse change to the condition of the product due to environmental conditions including, but not limited to, sunlight, extremes of temperature or humidity, the actions of wild or domestic animals or the failure of fixtures, fittings and/or furniture.
Make Bake Enjoy will also not be liable for any damage or adverse change to the condition of the product that are due to the actions of the customer, venue staff, suppliers, guests or any third party.
The customer will be supplied with a set of instructions for how to best store the product as well as allergen information in their confirmation email. This same information will also be included on an ‘Allergen Information/Storage Information’ insert that will be included in their packaging. Any warnings for non-edible decorative or structural items used in a product will also be warned about in the same email and on the Allergen Information/Storage Information insert. Allergen information for a product is available on the website for the customer to read before ordering. If it is a custom design, allergen information will be included in the order confirmation which the customer will acknowledge their awareness and understanding of by confirming they are happy with the order through making payment.
Make Bake Enjoy accepts no liability for any damage, injury or loss caused by a failure of the customer or a venue to remove the stated non edible decorative and/or structural items before anyone’s consumption of it.
7. REFUNDS AND CANCELLATIONS
7.1 Cancellations made by you (by product)
(Any reference to 'days' should be interpreted as calendar days)
CAKES
CUPCAKES
TRAY CAKES
BROWNIES
MACARONS
7.2 Cancellations made by Make Bake Enjoy In the unlikely event Make Bake Enjoy will need to cancel your order due to any unforeseen circumstances that arise any time between when your payment has been received and the delivery/collection date of your order, you will be eligible to receive a full refund for any payments you have already made.
Make Bake Enjoy also reserves the right and sole discretion to cancel any order or agreement at any time if new information, failure to co-operate, any missed payment deadline(s), unreasonable behaviour or requests or any other factors that are detrimental to Make Bake Enjoy and/or its reputation arise between the acceptance of contract and delivery/collection date. In such circumstances, Make Bake Enjoy will refund any payments made minus any costs to cover any labour or materials that have already been put towards your order before Make Bake Enjoy’s cancellation.
Please be aware any refunds relating to any cancellations above may take up to 14 days to arrive. All refunds will be made via bank transfer.
8. COMPLAINTS
8.1 How to tell me about an issue. I endeavour to make every customer happy, but should you wish to make a complaint about a product or service you have received please describe it in full and send this to me via email (charlotte@makebakeenjoy.com).
Complaints in relation to products must be sent within 12 hours of collecting or taking delivery for the product via email using the email address above. In circumstances where a product needs to be investigated and/or examined, at least 75% of the uneaten product must be returned to me by you within 24 hours of receiving the product. All products must be stored and transported correctly prior to their return. Full or partial refunds following a complaint after receiving a product will only be made in exceptional circumstances and will be at the sole discretion of Make Bake Enjoy.
9. MAKE BAKE ENJOY’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 When Make Bake Enjoy is liable for injury or damage. Make Bake Enjoy is liable for any accidental injury to you and any accidental damage to your property during a delivery if either has been caused by Make Bake Enjoy. However, Make Bake Enjoy is not liable for any pre-existing fault or damage to your property that are discovered while making a delivery.
Make Bake Enjoy is not liable for business losses. Make Bake Enjoy only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, Make Bake Enjoy will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
10. ALLERGY ADVICE
10.1 Please note all products are made in a kitchen that handles allergens including, but are not limited to, the following: nuts, peanuts, gluten, milk, eggs, soya, sesame and mustard. Allergen information for each product is available on the website and on the allergen card included in each product’s box. It is the customer’s responsibility to inform me of any allergies they (the customer), the recipient they are ordering it as a gift for or anyone else who may consume/come into contact with the product have on the order request form. Failure to notify me at this stage may result in a full, partial or no refund if you notify me at a later date when labour and materials may have already been put towards your order. While all reasonable precautions are taken to ensure that no cross-contamination occurs, please be aware there may still be traces of allergens.
11. MARKETING
11.1 Photographing products. Make Bake Enjoy reserves the right to photograph any supplied product for marketing purposes or publication.
12. CHILDREN’S INFORMATION
Personally identifiable information for children under the age of 16. Personally identifiable information for children under the age of 16 is not knowingly publicised on the website. If a parent or guardian believes that the website has personally identifiable information of a child under the age of 16 in its database, please contact Make Bake Enjoy immediately via email and the best efforts to promptly remove such information from the records will be applied.
13. PRIVACY POLICY
13.1 How we may use your personal information. Make Bake Enjoy will only use your personal information as set out in the Privacy Policy.
14. OTHER IMPORTANT TERMS AND CONDITIONS
14.1 You need the explicit consent of Make Bake Enjoy to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if Make Bake Enjoy agree to this in writing.
14.2 Nobody else has any rights under this contract. This contract is between you and Make Bake Enjoy. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if there is a delay in enforcing this contract, Make Bake Enjoy can still enforce it later. If Make Bake Enjoy do not insist immediately that you do anything you are required to do under these terms, or if Make Bake Enjoy delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Make Bake Enjoy taking steps against you at a later date. For example, if you make an incorrect payment and Make Bake Enjoy do not chase you but continue to provide the products, Make Bake Enjoy can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
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