These terms and conditions (the "Terms and Conditions") are the terms and
conditions upon which Cakey Monster Limited ("we/us") makes this website
("The Cakey Monster Website") available to you and on which we supply and
deliver Cakey Monster cakes and other associated products
("the Services"). You can access our Services via the Cakey Monster
website, email or by telephone.
"The Contract" means any contract between us and you for the sale and
purchase of the Goods, incorporating these Terms and Conditions; 'the
Goods' means any goods agreed in the Contract to be supplied to you by us
(including any part or parts of them).
This legal notice applies to the entire contents of this website and to
any correspondence between us and you. Please read these terms and
conditions carefully before using this website. Using this website
indicates that you accept these terms regardless of whether or not you
choose to purchase from us.
1. The Seller
Welcome to the Cakey Monster website. This site is owned and operated
by Cakey Monster Limited. Address: 22 West Hampstead Mews, London NW6
3BB. Company Registration No: 11105179.
If you want to ask us anything about these terms and conditions or
have any comments on or complaints about our website, please get in
2. Order Processing and Payment
A minimum of 2 working days is required for all orders to be
dispatched subject to prior written agreement.
All orders will be acknowledged but are subject to availability of
products and acceptance of your order. We will not consider ourselves
bound by a contract with you until:
2.2.1 for orders with a value stated as part of the Services of
£100.00 or less, we have issued an email acknowledging your order and
payment has been taken or received by us, whichever is later;
2.2.2 for orders with a value stated as part of the Services of over
£100.00, we have also given you written confirmation of acceptance of
your order in addition to the conditions set out in clause 2.2.1.
Payments by credit card or debit card will normally be debited within
Payment may be made by credit card, debit card or electronic payment.
No payment shall be deemed to have been received until we have
received cleared funds.
You shall make all payments due under the Contract without any
deduction whether by way of set-off, counterclaim, discount, abatement
or otherwise unless you have a valid court order requiring an amount
equal to such deduction to be paid by us to you.
In the event that payment is not received by us by the due date, we
shall be entitled to suspend all other deliveries until payment is
received and/or repudiate the Contract. In such event, we shall be
entitled to sell any Goods in its possession and you shall indemnify
us for any loss thereby.
All payments payable to us under the Contract shall become due
immediately upon termination of the Contract despite any other
You will be liable for all costs incurred by us in the recovery of
debts not paid by the due date.
3. Cakey Monster Products
The products of Cakey Monster are made by hand and accordingly there
will be minor variations in appearance. All illustrations and
descriptions displayed on the Cakey Monster website or distributed by
email, brochure or in any other way are for guidance purposes only and
will not form part of the Contract.
We reserve the right to make alterations to the design, appearance and
technical specifications of our products from time to time and at such
time or at any other times, to make alterations to our advertised
information concerning such Goods, without notice. We reserve the
right to substitute some or all of the contents or packaging with an
item of equal or greater value without notice.
Product ingredients include eggs, flour, milk and butter and may
contain traces of nuts.
Prices stated as part of the Services include VAT where applicable.
The included delivery charges are indicative only and we reserve the
right to charge the actual cost of any additional delivery costs
We deliver to any postal address in the United Kingdom including
Northern Ireland, the Isle of Wight and the Scottish Isles. We also
deliver to the Channel Islands and the Isle of Man. We do not include
the delivery or associated costs to any other location outside the
We will endeavour to deliver on the date as specified when ordering
from Monday to Friday between 8am and 6pm. This includes deliveries
for pre-ordered Cakey Monster orders, which we will endeavour to
deliver on the weekday closest to date on the order. Delivery on the
date and any time specified in your order is intended to be an
estimate and is not guaranteed and is not of the essence. See further
Our delivery service is based on the services provided by established
delivery services and may not be available on Saturdays, Sundays, UK
public holidays or for two days after a public holiday. Where orders
have been placed for delivery on any of these dates we will endeavour
to deliver within 3 working days after the date requested. For the
avoidance of doubt this clause also applies to monthly deliveries for
the Cakey Monster pre-orders where a requested day for delivery falls
upon an excluded date in any particular month.
If products are damaged in transit, the maximum amount payable in
respect of these products will be limited to the price of the products
damaged. See further clause 5.6 below.
Subject to the other provisions of these Terms and Conditions we will
not be liable for any loss (including loss of profit), costs, damages,
charges or expenses caused directly or indirectly by any delay in the
delivery of the Goods (even if caused by our negligence), nor will any
delay entitle you to terminate or rescind the Contract unless such
delay exceeds 30 days.
Where a Delivery note needs to be signed it must be checked by you, or
on your behalf, at the time of delivery.
It shall be your duty to examine the Goods upon delivery to ensure
that the delivery is complete and that the Goods have not been damaged
If for any reason you will not accept delivery of any of the Goods
when they are ready for delivery, or we are unable to deliver the
Goods on time because you have not provided appropriate documents,
instructions, licences or authorisations:
risk in the Goods will pass to you (including for loss or damage
caused by any negligence by us);
the Goods will be deemed to have been delivered; and
we may store the Goods until delivery whereupon you will be liable for
all related costs and expenses (including without limitation storage
If you properly reject any of the Goods which are not in accordance
with the Contract you shall nonetheless pay the full price for such
Goods unless: (i) you give written notice of rejection to us within
three working days of delivery; and (ii) you return such Goods to us
at your own cost with our prior consent within five working days of
We shall not be liable whatsoever if you fail to give such notice of
damage or non-delivery and any such damage to the goods shall be
deemed to have occurred after transit or delivery, unless the contrary
is proven by you.
You are required to enter full and accurate details, including the
name, address and postcode, of the recipient. We will not be
responsible for any orders, which are not delivered due to incorrect
or incomplete information being supplied by you.
Deliveries to hospitals, military bases, secure locations and business
addresses where possible will be delivered to a main reception or
mailing room prior to internal distribution. You acknowledge that we
do not deliver standard or Pet Safe packages to individual PO Boxes
(whether Royal Mail, British Forces Post Office, or otherwise). It is
your responsibility to ensure that the delivery address is not a PO
Box (or equivalent). All deliveries made to hospitals must include the
ward name or number in the relevant address field.
6. Force Majeure
Neither we, nor any courier or postal service that we use shall be
liable for any failure to perform, where such failure or delay results
from any circumstances outside our reasonable control including but
not limited to any fire, flood, explosion, accident, adverse weather
conditions, traffic congestion, mechanical breakdown, obstruction of
any private or public highway, riot, government act, act of war,
terrorism, act of God, or from any industrial dispute or strike
Only order amendments or cancellations, which are given prior to
production will be accepted. Orders placed or cancelled on Saturdays,
Sundays or Bank Holidays will be treated as having been received on
the following working day. To cancel orders, please get in contact by
either the acknowledged email or by telephone during normal working
hours and as stated on the Cakey Monster website.
You are entitled to cancel any payment at any time where fraudulent
use has been made of your credit or debit card by another person not
acting on behalf of you or as your agent and to be re-credited by us
to the extent that such sums are not reimbursed by the card issuer in
8. Personal Messages
You must agree that any messages posted by you on your card or sent by
us on your behalf to a third party will not contain anything which
could be construed as harassing, threatening, vulgar, abusive, obscene,
defamatory, racist or which may cause embarrassment or distress to any
person or are otherwise unlawful or objectionable.
You are entirely responsible for any text or other material, which you
post or send on this message system, and we accept no liability for
any such content. We do not pre-screen messages, but may monitor
content from time to time. We have the right to refuse to send or
display messages and terminate access to the relevant Services at any
time and without liability to you in the event of any such
You will not be entitled to assign the Contract or any part of it
without our prior written consent.
We may assign or subcontract the Contract or any part of it to any
person, firm or company.
10. Title and Risk
The Goods are at your risk from the time of delivery.
Ownership of the Goods shall not pass to you until we have received in
cleared funds all sums due to us in respect of the Goods and all other
sums which are or which become due to us from you on any account.
Until ownership of the Goods has passed to you, you must:
hold the Goods on a fiduciary basis as our bailee;
store the Goods (at no cost to us) in such a way that they remain
readily identifiable as our property;
not destroy, deface or obscure any identifying mark or packaging on or
relating to the Goods.
You may not resell the Goods before ownership has passed to you
without our prior written consent.
11. Customer Services
Because of their perishable nature, Cakey Monster cakes are
non-returnable. This does not affect your statutory rights. If you are
not completely satisfied with your Cakey Monster product please get in
In order for us to resolve any complaints quickly and to our mutual
satisfaction, we advise you to make any complaint in writing within 1
day of the date of delivery or intended delivery of your purchase.
Whilst we agree to use our reasonable endeavours to ensure that the
Cakey Monster website and/or the Services are fully operational and
error-free we cannot guarantee this and, therefore, accept no
responsibility for any defects and/or interruption of the Cakey
Monster website or Services and shall be released from our obligations
under these Terms and Conditions in the event of any cause beyond our
reasonable control which renders the provision of the Cakey Monster
website and/or the Services impossible or impractical.
While we endeavour to ensure that the information on the Cakey Monster
Website is correct, we do not warrant the accuracy or completeness of
the material on the Cakey Monster Website. We may make changes to the
material on the Cakey Monster Website or to any services or prices
described in it, at any time without notice. The material on the Cakey
Monster Website may be out of date, and we do not make any commitment
to update this material.
The content, information and material on the Cakey Monster Website is
provided "as is" without any conditions, warranties or other terms of
13. Liabilities and Warranties
We accept liability for death or personal injury arising from our
negligence and for all liability arising from any fraudulent
representation we may make.
Subject to clause 13.1, our liability in contract, tort (including
negligence and breach of statutory duty) or otherwise arising by
reason of or in connection with your order placed with us or in
connection with the Services in any way shall be limited to the price
you have paid for the relevant Goods.
Subject to clauses 13.1 and 13.2 above we exclude all liability for
any claims, losses, demands and damages, including without limitation,
any costs, loss of profits, loss of contracts, business or business
opportunity, depletion of goodwill, loss of data and any other
consequential, incidental, special or punitive damages, costs,
expenses or other compensation whatsoever and howsoever caused, even
if we have been advised of the possibility of the same, arising
directly or indirectly out of or in any way connected with the
Contract and/or your use or inability to access the Cakey Monster
Website and/or with the provision of the Services, whether arising in
contract, tort (including negligence), under statute or otherwise
PROVIDED THAT nothing contained in this condition affects or will
affect your or the recipient's statutory rights in relation to the
quality, fitness or description of the Goods supplied.
Subject to clauses 13.1 to 13.3 above we shall not be liable for any
breach of warranty as to quality, fitness, description or otherwise
You notify us in writing within 6 (six) weeks of any date of delivery
of the Goods or of any breach (whichever is the earlier of the two)
You do not make any further use of such Goods after giving such notice.
Subject to condition 13.4 if any of the Goods do not conform with any
warranty by us we shall at our option replace that part of the Goods
free of charge or issue to you a credit note equivalent to the price
of that part of the Goods failing to comply with the warranty. Any
such Goods will belong to us.
If we comply with condition 13.4 we shall have no further liability
for a breach of any of the warranties in respect of such Goods.
14. Intellectual Property and Content
The copyright and other intellectual property rights in all content
and material on this Website (including without limitation the name
"Cakey Monster", photographs, logos, trade marks and graphical images)
are owned by Cakey Monster Limited, unless otherwise stated or
indicated. All rights which are not expressly granted in these Terms
and Conditions are reserved.
You may print and download extracts from the Cakey Monster Website
solely for your own personal use on the following basis:-
No documents or related graphics on the Cakey Monster Website are
modified in any way;
No graphics on the Cakey Monster Website are used separately from the
Our copyright and trade mark notices and this permission notice appear
in all copies.
Except as stated in Clause 14.2 above, no part of the Cakey Monster
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.
Use of any extracts from the Cakey Monster Website except in
accordance with the above permissions is prohibited. Without prejudice
to the general statements made above, you are not in any event
Publish, distribute or otherwise reproduce in any format any of the
content or copies of the content of the Cakey Monster Website;
use any content from the Cakey Monster Website in connection with any
business or commercial enterprise including, without limitation, any
media business or enterprise;
modify, translate, reverse engineer, decompile, disassemble, or create
derivative works based on any software or any documentation
accompanying such software or other content available on or through
the Cakey Monster Website.
If you breach any of these Terms and Conditions, your permission to
use the Cakey Monster Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from the Cakey
15. Visitor Material and Conduct
Other than personally identifiable information which is covered under
Monster Website or supply to us in relation to the Website will be
considered non-confidential and non-proprietary. We will have no
obligations in relation to such material. We will be free to copy,
disclose, distribute, incorporate and otherwise use such material and
all data, images, sounds, text and other things embodied in any such
material for any and all commercial or non-commercial purposes, and
you confirm that you have all necessary rights and licences to enable
us to do so.
You are prohibited from posting or transmitting to or from the Cakey
Monster Website any material or doing anything in connection with your
use of the Cakey Monster Website:
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;
that is in any way threatening, defamatory, offensive or obscene,
indecent, seditious, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, copyright, privacy or any other
rights or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licences and/or
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);
which involves misusing the Website (including without limitation by
hacking) or which attempts to affect the performance or functionality
of any computer facilities of or accessed through the Website;
which involves sending any unsolicited advertising or other
promotional material, commonly referred to as "Spam".
We will co-operate fully 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 these Terms and Conditions.
You shall fully indemnify Cakey Monster Limited and its suppliers,
officers, directors, employees, shareholders and agents for any loss
or damage suffered as a result of breach of your obligations in this
16. Links to this Website
If you would like to create a link to the Cakey Monster Website,
please contact us first to request permission. Any links to the Cakey
Monster Website may only be on the basis that you link to, but do not
replicate, the home page of the Cakey Monster Website, and subject to
the following conditions:-
you do not remove, distort or otherwise alter the size or appearance
of our trading names and logos;
you do not create a frame or any other browser or border environment
around the Cakey Monster Website;
you do not in any way imply that we are endorsing any products or
services other than our own;
you do not misrepresent your relationship with us, nor present any
other false information about us
you do not otherwise use any trade marks and trading names displayed
on the Cakey Monster Website without our express prior written
you do not link from a website that is not owned by you;
your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property 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 any right, which we grant to
link to the Website at any time for breach of any of these Terms and
Conditions, and to take any action that we deem appropriate.
You shall fully indemnify CakeyMonster "Cakes" Limited, its suppliers,
our officers, directors, employees, shareholders and agents for any
loss or damage suffered as a result of breach of your obligations in
this condition 16.
We have taken every care in the preparation of the content of this
website, in particular prices and product description. However, owing
to variations in computer monitors, and the reproduction process,
packaging may vary from that shown, as may the colours of our products.
Any typographical, clerical or other error or omission in the Website
or in any sales literature, quotation, price list, acceptance of
offer, invoice or other document or information issued by us shall be
subject to correction without any liability on our part.
We will make every effort to deliver your order as requested. However
we will not be held liable if we fail due to circumstances beyond our
control. Any order that you place will only be processed if full
payment details are given and accepted. If for any reason we are
unable to supply Goods as advertised we will notify you, except that
we reserve the right to substitute goods or packaging of equal or
greater value in the event of such supply difficulties.
We shall not be liable to any person for any loss or damage which may
arise from the use of any of the information contained on the Cakey
We reserve the right to supplement and amend the Terms and Conditions
on which you are permitted access to the Cakey Monster website and/or
the Services from time to time. We will post any changes on the Cakey
Monster website and it is your responsibility as a customer to review
the Terms and Conditions on each occasion you access the Cakey Monster
website or the Services. Changes will be effective immediately after
the posting of such change.
We reserve the right to suspend, restrict or terminate access to the
Cakey Monster website and/or the Services for any reason at any time.
These Terms and Conditions shall be deemed to include all other
notices, policies, disclaimers and other terms contained in the Cakey
Monster website, provided that in the event of a conflict between any
such other notices, policies, disclaimers and other terms, these Terms
and Conditions shall prevail. If any of these Terms and Conditions is
held to be invalid or unenforceable, the remaining provisions shall
remain in full force and effect.
We shall ensure that we comply with the requirement of all current
data protection legislation including, without limitation, the Data
Protection Act 1998 (as replaced, modified or re-enacted from time to
time). We shall only use personal data received from you for the
purpose of fulfilling our obligations under these Terms and Conditions
A person who is not a party to the agreement between you and us has
no rights under the Contracts (Rights of Third Parties) Act 1999 to
enforce any of the Terms and Conditions but this does not affect any
right or remedy, which exists apart from that Act.
Save in respect of fraudulent misrepresentation, this agreement
(including any documents and instruments referred to herein)
supersedes all prior representations, arrangements, understandings,
and agreements between you and us (whether written or oral) and sets
forth the entire agreement and understanding between you and us
relating to the subject matter hereof.
Your purchase will be deemed to have occurred in the UK. These Terms
and Conditions shall be governed by and construed in accordance with
English Law and the parties agree to submit to the exclusive
jurisdiction of the English Courts.
These terms and conditions do not, in any way, affect your statutory
rights as a consumer.