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Terms and Conditions

Privacy policy:


For the purposes of the Data Protection Act 1998 we are known as a Data Controller. We take our obligations as a Data Controller seriously and below you can find out more about how we look after your personal data. For more information on the Data Protection Act 1998 you can visit the Information Commissioner’s website. All our contact details can be found on our website.

This privacy policy (“Privacy Policy”) discloses our practices with respect to the collection of information through the Sites and our use of the information. This Privacy Policy applies solely to information collected through the Sites and does not apply to information collected through any other sources, including, without limitation, Facebook, Twitter, Instagram and other third party and social media websites. If you do not agree with any term in this Privacy Policy, please do not use the Site(s) or provide any Personal Information to us.

Collection of Personal and Non-Personal Information:

We collect and store certain personally identifiable information about you (such as, information which may identify you in some way; such as your name, address, telephone number, email address, screen name and/or financial information) (“PII”) through the Site only when you voluntarily submit it. We may request that you submit PII in certain instances, such as when you purchase products and services offered by us on this Site, submit comments or questions, request information, participate in a promotion, contest or sweepstakes or utilise other features or functions of this Site.

Moreover, when you connect to the Site, there is certain PII (e.g. IP address, purchase preferences, profiling features) that may include identifiers that may permit us to serve tailored ads to your device, along with technical, non-personally identifiable information which does not identify any individual (“Non-PII”, e.g. internet browser type) that may be collected and stored through the use of “cookie” technology. In addition, other parties such as advertising partners and analytics providers may collect information about your online activity over time and across the Sites. This information assists us to develop our business and provide customers with products tailored to visitors’ needs You may set your computer browser to disable cookies or to alert you when cookies are being sent. If you disable cookies, we may be unable to optimize your visit to a Site and certain features on the Site may not be available.

Use of Your PII:

When you provide your PII at a Site, we will limit the use of the PII for the purpose for which it was collected in accordance with the terms of this Privacy Policy. Other limited uses of your PII may include:

  • To respond to your questions and comments; to provide you with access to certain areas and features on a Site; and to communicate with you about your activities on a Site.
  • To fulfil your requests.
  • To investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the rules or policies of a Site, or the rights of third parties; or to investigate any suspected conduct which we deem improper.
  • To the extent that you provide us with financial information (such as credit card or bank account numbers) in connection with shopping or commercial services offered on a Site, we may use the financial information that you provide to fulfil your order.
  • To help us develop, deliver and improve our products, services, content and advertising.
  • To share with our parent, subsidiary, and affiliated companies, and promotional partners involved in creating, producing, delivering, or maintaining a Site, as required to perform functions on our behalf in connection with the Site (such as administration of the Site, administration of promotions or other features on the Site, marketing, data analysis, and customer services).In order to share such information, it may be necessary for us to transmit your PII outside the jurisdiction set forth below and you agree to this transfer. Further use or disclosure of PII by these parties for other purposes is not permitted.
  • To share with third party service providers whom we employ to perform functions on our behalf in connection with the Site (such functions may include, but are not limited to, order fulfilment, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data and providing marketing assistance, processing credit card payments, and providing customer service). These third-party service providers have access to PII that is needed to perform their functions, and may collect or store PII as part of their performance of these functions, but are not authorized to use it for other purposes.
  • For our internal purposes such as auditing, data analysis, and research to improve our products, services and customer communications.
  • For other purposes as disclosed when your PII is collected or in any additional terms and conditions applicable to a particular feature of a Site.
  • For disclosures required by law, regulation, or court order.
  • For the purpose of or in connection with legal proceedings or necessary for establishing, defending, or exercising legal rights.
  • In an emergency to protect the health or safety of users of a Site or the general public, or in the interests of national security

Except as provided for herein, we will not provide any of your PII to any third parties without your specific consent.

Managing Your Personal Information:

You have the ultimate control over the PII that we collect and use. You can always choose not to provide certain PII, but please keep in mind that you may not be able to use some of the features offered by a Site unless you provide us with your PII (e.g., we will not be able to fulfil your order without certain PII).

If you wish to verify, update, cancel or correct any of your PII collected through a Site, please contact us by post or by phone.

Sharing of Information:

The Site does not share, sell, or rent personally identifiable information with independent companies for their own use without providing you a choice. Personally, identifiable information that you provide to us in the course of using our site features or requesting a product or service through this website may be gathered and stored in one or more of our corporate databases.

This Site may share personally identifiable information with subcontractors (e.g. cloud service providers). Subcontractors are restricted from using this data in any other way other than to provide these services to Luxurycakes and they may not share or resell this data.

This site will disclose your personally identifiable information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Luxurycakes; (b) protect and defend the rights or property of Luxurycakes and this site; or, (c) act under exigent circumstances to protect the personal safety of users of Luxurycakes, its web sites or the public.

Protection of Children's Privacy:

Luxury cakes takes the protection of children’s privacy seriously. We operate the Sites in compliance with all applicable laws in the jurisdiction set forth below. We do not collect PII from any person under the age of thirteen (13). Children under thirteen (13) years of age should have a parent/ guardian’s consent before providing any personal information to a Site. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without his/her parent/guardian’s consent. Without such consent, though, the child may not be able to participate in certain activities.

Security Practices - Retention of Data:

The security of your PII is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on a Site or our servers will be completely free from unauthorized access by third parties, such as hackers. Your use of a Site demonstrates your assumption of this risk. To the fullest extent permitted by law, we disclaim all liability and responsibility for any damages (including, but not limited to, any and all direct, special, indirect, consequential, or punitive loss or other damages of any kind, whether in contract (including fundamental breach), that you may suffer due to any loss, unauthorized access, misuse, or alteration of any information you submit to a Site. We retain information that we collect as long as it is necessary and relevant for the purposes of collection unless a longer retention period is required or permitted by law.

Governing Law/Jurisdiction:

All matters relating to a Site and/or this Privacy Policy are governed by the laws of the England & Wales, without reference to conflict or choice of law principles. You agree that exclusive jurisdiction and venue for any legal proceeding relating to a Site and/or this Privacy Policy shall be in appropriate courts located in England. We do not warrant or imply that the Sites or content/materials on the Sites are appropriate for use outside of the United Kingdom. The information set forth on the Site concerning any products or services is applicable only in the United Kingdom, and these products and services may not be available in all locations. If you are located outside the United Kingdom, you are solely responsible for compliance with any applicable local laws.

Severability:

If any term or provision of this Privacy Policy shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

Changes & Updates to our Privacy Policy:

Luxurycakes4U reserves the right to change or update this Privacy Policy at any time and without prior notice to you. Please check back from time to time for any changes or updates to our Privacy Policy, which will be posted here and will reflect an updated effective date on the first page of the Privacy Policy should any changes or updates be made.

Contact Information:

Should you have any questions or comments regarding the Sites or this Privacy Policy, you may contact us by mail, phone or at the following email address Helpline@luxurycakes4u.co.uk 


 

Terms and conditions:

1. Introduction

These Terms and Conditions apply to this Luxurycakes4u website. By visiting Luxurycakes4u or by placing an order, you confirm that you have read these Terms and Conditions and agree to adhere to them in their entirety. If you do not agree to these Terms and Conditions, you must not use this website.
The Terms and Conditions are occasionally updated, so please check this page for the latest version whenever you visit Luxurycakes4u.co.uk

2. Ordering from us:

2.1. Product description

We use our very best endeavours to make sure that every product on the Luxurycakes website is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces, and layout. Luxurycakes disclaims all representations and warranties that the content or information on this website is accurate, complete, up to date or does not infringe the rights of any third party.

2.2. Placing your order

When you place an order with us (by choosing an item and completing our online checkout process), we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we despatch it. A ‘purchase contract’ between you and Luxurycakes is therefore made at the point of despatch, and not at the point of ordering or payment. If you have cancelled your order within the permissible time period, or if we notify you that we cannot accept your order, then no purchase contract will have been made.  

From time to time, we may not be able to accept an order for the following reasons:

a.  If, we do not have your chosen ingredients in stock

b.  Where we cannot obtain authorisation for your payment

c.  If there has been a pricing or product description error

d.  If you do not meet any eligibility criteria set out in our terms and conditions

e.  If the order for personalised products contains reference to any copyrighted information where you have not obtained permission

f.   If your order for personalised products contains content which 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.

We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.

Because of current Covid situation not all of our suppliers are working full speed and some of decorations used in our cakes might be temporary unavailable. If that would be the case our customer service representative will contact You asap offering best solution possible.
 

2.3. Changing or cancelling an order

 All our cakes and accessories are created and decorated to order and so once the order has been set as 'Processed' or 'Dispatched' we are unable to cancel.

You may contact us if you face any problems or requests.

The status of your order can be viewed at any time by logging into your account. For further assistance you may call us on 07526206578 (office hours), please have your order number and email address to hand. Under some certain circumstances it may be possible to place your order on hold for another occasion.

Office hours are Monday to Friday 9am to 5pm - all enquiries will be dealt with during these hours. 

2.4. Personalising your cakes

Luxurycakes4u aims to provide you with a fast, high-quality cake decorating service. Please double-check your order on screen and your acknowledgement email carefully to ensure that all the details are correct. You will be asked to approve the personalisation on the preview page by ticking a box. If you realise an error has been made prior to your order being 'Processed' then contact us and we will do our best to fix it. We cannot offer any refund where the order has been processed and the personalisation has been misspelt by you or is missing letters, or a photo has been uploaded and has not been of the right quality or a photo has not been uploaded.

When you are uploading a photo, images must be in JPEG format.  Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions at least 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we also will accept it.

The preview page tick box will also confirm that you are the copyright holder or have the permission of the copyright holders to upload photos or designs. With photo uploads, the original photographer of the image, or any such other third party image as used by the customer, will remain the copyright of the customer. It is the customers responsibility to ensure that any image used but not owned by the customer has the permission of the owner to use the image. If we recognise any illegal use of other peoples copyright we shall refuse to print them.  Luxurycakes4u will not be held responsible for any copyright infringement by the customer.

Warning: All images on this website are copyrighted by Luxury Cakes ltd. Unauthorised use and reproduction of these images without express permission from Luxury Cakes Ltd is strictly prohibited. Links and images may be used, provided full and explicit credit is given to Luxury Cakes Ltd.

Variations from pictured items:
In some cases it may be necessary to change a colour or vary a product from the picture on our site as certain cake decorating items may from time to time be unavailable.
Please note that where colours are concerned, the picture represented on our website may not be a true representation of the colour of the cake as quite often screen colours are not correct and therefore your cake may appear to be slightly different in colour from that shown.

Where items are provided on cakes (plastic figures, toys or handmade sugared items) they are strictly provided as decoration for the cake.

2.5. Payment

At Luxurycakes you can pay for your goods using most major credit or debit cards, or PayPal.  We currently do not accept American Express or cash as forms of payment.

2.5.1 Credit card transactions

Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order.

3. Supply and pricing of goods:

3.1. Supply of Goods

The cakes products sold on our website are manufactured in the UK from the highest quality ingredients and shipped directly from the Luxurycakes4u kitchen and will arrive fresh and in good condition.

3.2. Prices and sales tax

All prices shown on the website include sales tax at the prevailing rate if applicable. Specific details regarding sales tax are outlined below:

Cakes are zero rated and therefore no VAT is charged.

Non-food Items such as plastic tippers, toys, candles and other non-food add-ons will be charged separately and delivered in envelop together with a cake.

3.3  Cake sizes

The size of the cakes quoted on the website are only approximation.

It is standard in the industry to quote the size of the tin which the cakes is baked in and, depending on which recipe you have chosen, it is possible for the cake size to vary by a small amount. We provide size rate as: S small, M medium, L large.

4. Returns and Refunds:

At Luxurycakes4u.co.uk we always send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem within three working days of delivery.  We will then advise you on whether you are eligible for a refund or replacement. Send us email with a photo to claim your refund.

4.1. Reporting a problem

If for any reason you are not happy with your Luxurycakes order, please contact the Customer Service Team. Call or email team@luxurycakes4u.co.uk You will need to quote your order number and email address.

We aim to deal with any problem immediately and will do our best to resolve it. We may ask you to provide photograph(s) of the product to help us understand the problem.

Please note: Cakes are perishable, we need to be informed of any problem with your order within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement after this time.

4.2. Issuing refunds

Refunds cannot be given if the fault is a result of your own actions such as product misuse, incorrect address information or if personalisation is misspelt or if you have uploaded an image of a low resolution or size. The maximum that can be issued would be the total cost of the order including delivery.  We do not offer any form of further compensation. 

4.3. Multiple refund requests

If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right to refuse a refund or replacement of an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.

5. Your privacy and security:

Luxurycakes  is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998.

6. Delivery:

6.1 Full details of all our delivery options are found on our 'Delivery Information' page. 

We are ensuring that your order is delivered on time and in right condition which it left our kitchens.  If there are any issues with delivery then you will need to report this immediately to our Customer Services Team so that they can work with the couriers to resolve the issue as promptly as possible.  

6.2 Free Delivery options

Luxurycakes4u offer Free delivery options on our website within the Grater Manchester area only. Delivery can be arranged by phone or through email. We deliver Grater Manchester only with Radius 15 mile. Delivery outside may be possible by special arrangement and for additional delivery charge.

When ordering a cake 5 days in advance and FREE delivery is chosen we will send your order via one of our trusted couriers.  The order will be sent on the all day delivery option (8am to 6pm).

FREE delivery for advance booking is only applicable to weekdays, weekends are excluded from this offer.

6.3. Failure to deliver Cakes

If the recipient is not at home, the courier will complete an easy to understand “Sorry You Were Out” card, which is posted through the letterbox, to notify the recipient of an attempted delivery. The couriers will also try a neighbour if possible before taking the delivery back to the depot. Our couriers will try all available options to deliver the cake within their remits before returning the order to the depot.

If you want us to leave your cake with a neighbours let us know in advance.

Couriers do not call ahead to advise they will be delivering and phone numbers provided are for the sole use of when a location cannot be found.  A driver will call for further directions in these instances. 

The courier may attempt redelivery later in the day but do not guarantee this will happen. If re-delivery is not attempted on the same day they will try again the next working day (i.e. Monday, if Friday is the delivery date). The recipient also has the option to call or go online to arrange a redelivery on a specified day of their choice.

While we pass along specific delivery instructions to our couriers it may not always be possible for these to be adhered to.  Therefore we do not guarantee these actions will take place. A driver may decide not to leave the cakes in a specified place if, for example, they believe there is a risk of theft. If we do follow your delivery instructions and the cakes are subsequently stolen, Luxurycakes will not be liable for this loss.
Please note that cake orders can only be delivered to premises where it can be signed for, unless stated by the customer during the ordering process. The recipient also has the option to call or go online to arrange a redelivery on a specified day of their choice. Luxurycakes shall not be liable for any loss or refund if the courier cannot obtain a signature.

6.4 Wedding Cake Deliveries

We offer a free delivery for orders above £100 and for delivery addresses which are no more than 15 miles from Manchester UK. Please note our delivery includes, carefully transporting your cake to your desired destination and setting up the cake on your provided platform.
(Offer subject can be changed without any prior notice).


Transportation & Storage

In most cases a single tier cake can be safely transported by placing it on a flat surface. The cake will be boxed, the same size as the base board of the cake to prevent the cake from shifting within the box and damaging the sides of the cake.
Multi tiered cakes are usually not boxed or transported as one piece, where the tiers are stacked on top of one another. They are generally transported as separate pieces, where tiers are separated by pillars and assembled at the venue.
Cakes with cake toppers or fragile ornaments should not be transported with the ornaments on top of the cake.  Ornaments will be safely packaged in a separate box and attached to the cake when it is set up at the venue.

Deposits for Wedding cake:

A 50% deposit is generally required to confirm a booking of a wedding cake or any large or special order cake. No order will be commenced until full payment has been made. 

Deposit confirm your order, which could be cancelled any time. Refunds offered only on orders cancelled min 5 days prior to delivery date.?

Balance Due (Wedding Cakes & Special Order Cakes Only)
Balance of payment is due 4 weeks prior to delivery, unless full payment has been received goods will not be delivered. If you are collecting your order, full payment is due upon collection. We do not accept payment by cheque or money order.

What if my cake hasn't arrived on my selected day?

If you are expecting a cake delivery and it hasn't arrived, please contact :

+44 (0)75 262 065 78 or send us email: Team@Luxurycakes4u.co.uk with your order reference number and a member of our team will help. 

All Products must be kept refrigerated between 5 - 8 °C and must be consumed within 2-4 days. Please see the box label for further information.

7.Cake accessories / Cake toppers:

Laser cut cake toppers, signs, toys, candles can be ordered with or without a cake. You can order with as little as a 3 days’ notice, can be delivered by post separate with postage charge or together with a cake. Pay attention as this items not eatable.

CAUTION: Cake toppers are NOT FOOD ! MUST NOT BE EATEN!
CAUTION: Cake toppers may vary based in terms of size, shape, colour, texture on availability.

Please look our page Accessories.

 

8. Content Rules:

We do not permit personalised products to include any content or material which:

  • infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright holder to include that image or other content in the personalised product
  • infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
  • contravenes any applicable law (including, without limitation, any criminal law) or regulation
  • is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
  • misrepresents identity or impersonates any person
  • includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
  • contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
  • may harass, upset, embarrass or alarm any person
  • gives the impression that it emanates from or has been approved by us
  • advocates, promotes or assists any unlawful act

9. Circumstances Beyond Our Control:

Neither we, nor any delivery service that we use, shall be liable for any failure to perform services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

10. Reporting a problem:

If for any reason you are not happy with your Luxurycakes order, please contact our Customer Service Team by phone or email. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take photograph(s) of the product to help us communicate with our suppliers and enable us to adjust our processes in order to avoid future problems. Should it be necessary, we will then advise you how to return your item.

Please note: because cakes are perishable, we need to be informed of any problem with your order within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement.

10.1 Confirmation of Orders


Upon receipt of your order you will be contacted via email, text message or telephone call to confirm details of your order. Please ensure all contact details, personal information, spelling of names, delivery/collection dates and times and any requested changes have been properly documented in the email. Alternatively we may decide to call you on the number provided and confirm the detail of the order.
Please notify our staff immediately of any errors. Failing to notify us of any errors may result in additional charges where alterations are necessary after your order has been completed.
 

11. How we use your contact information - Privacy Statement:

The personal information you provide to us will include your contact and delivery details, payment information, and information about people to whom you wish us to deliver products.

We will not disclose any of your personal data without your permission unless:

  • we are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention or detection of crime or fraud)
  • we are in negotiations with a third party for the sale or purchase of any of Luxurycakes business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets
  • Luxurycakes, or substantially all of its assets, is acquired by a third party, in which case personal data held by Luxurycakes about its customers will be one of the transferred assets
  • to enforce or apply these Terms and other agreements to which you are party, or to protect our rights, property, safety, customers, or others

We will use your information to send you regular email newsletters, keeping you informed of new products and seasonal offers. You can choose whether to receive these newsletters when registering and change that decision subsequently when logged into your Account on the Website. Where a phone number is requested, we may use this to contact you to ensure that you are happy with the service you received.

12.  Credit card transactions:

Your full card details are not recorded or stored in our database. Luxurycakes4u.co.uk collects and stores only the final four numbers of your credit or debit card along with the expiry date and cardholder name, This enables you to select that card when making future purchases. This information is encrypted and is transferred securely to one or more third party payment service providers for immediate authorisation. Once we have received authorisation from the payment service provider we will confirm your order.

13.  Intellectual Property:

13.1. All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website or App is protected by Luxurycakes4u or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. "Luxurycakes4u” is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

13.2. You may use and access Luxurycakes4u to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Luxurycakes4u.

13.3. No-one may copy, distribute, show in public or create any derivative work from Luxurycakes4u or any of the material which is found on Luxurycakes4u unless properly licensed in writing by us to do so. You are not allowed to use Luxurycakes4u (or to copy or use any material found on Luxurycakes4u) for any commercial purpose other than to conduct the purchase of a product from Luxurycakes4u

14. Links:

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

15. Liability:

We use reasonable care and skill to provide Luxurycakes in accordance with our specifications for Luxurycakes but:

  • the Services are provided "as is"
  • we cannot and do not guarantee that Luxurycakes or the Services will meet your requirements

Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.

We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

  • for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
  • any loss or corruption of data
  • any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, how so ever caused or arising

Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

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 by you, your use of the Website or App, or anything done while your Account is logged into the Website or App.

16. Suspension:

We reserve the right at any time and without notice to (a) suspend or terminate your ability to access Luxurycakes4u, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Luxurycakes4u if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.

In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

17. General:

These Terms are intended to contain your entire agreement with us relating to the Services, the Website and the App.

If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.

Only you and Luxurycakes4u shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We reserve the right to change these Terms from time to time, and post the new version on Luxurycakes4u .The new version of these Terms will take effect:

  • commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you
  • immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Luxurycakes4u, and (ii) the refinement of provisions that are already included or referred to in these Terms

In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Luxurycakes4u. For the avoidance of doubt, we will not have any liability to you in that event. These Terms, the Services and each order and purchase of a product shall be governed by English law.