The English Cheesecake Company - Terms & Conditions (Consumer)

1.1

This website is operated by The English Cheesecake Company Ltd (“we”, “us” or “our”). We are registered in England and Wales under 3952398 and our registered office is at Finsgate, 5-7 Cranwood Street, London, EC1V 9EE. Our main trading address is at 53-55 Pall Mall Deposit, 124-128 Barlby Road, London, W10 6AJ. Our VAT number is GB 587 2997 66. You are the customer.

1.2

You agree to purchase goods from us subject to these terms and conditions which will apply to all orders made by you using our telephone ordering service. If there is anything you do not understand, please raise it at the time you place your order.

1.3

We only accept orders over the telephone and even where we receive an order from you by fax or email, we will still telephone you to confirm and accept that order. Our acceptance over the telephone of your order brings into existence a legally binding contract between us.

1.4

You must be eighteen years or over to use our telephone ordering service.

1.5

We sell goods only to end user consumers. All goods are sold subject to the condition they will not be resold.

1.6

The contract may be subject to your right of cancellation (see clause 5 below).

1.7

We may change these terms and conditions without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understood the current version of our terms and conditions.

2.1

The description and, subject to clauses 2.2 and 2.3 below, the price of any goods you order will be as shown on our website at the time you place your order, subject only to any inadvertent typographical errors for which we will not be liable. We also operate a bespoke service where non-standard goods may be ordered by special arrangement. If you are interested in such a bespoke service, please telephone us to discuss your requirements and our prices.

2.2

The prices of the goods do not include the delivery charges, details of which can be found on our website.

2.3

The prices of the goods stated on our website are those operating under our standard service. An additional charge will be payable if you require our express service, as stated at paragraph 4.2 below.

2.4

All prices are inclusive of VAT, where applicable.

2.5

The goods are subject to ingredient availability. You will be informed when placing your order if any goods cannot be produced and in that event, we will offer you an alternative .

2.6

Please be aware that all our goods may contain nuts or traces of nuts.

2.7

Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time you place your order. However, our website contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed on our website may be incorrectly priced. We will verify prices over the telephone when you place your order.

3.1

Payment for the goods may be made by debit, credit or charge card. The debit, credit and charge cards accepted by us are those listed on the website.

3.2

Where you pay by debit, credit or charge card, we will debit the price of the goods from your payment card at the time of your order. We reserve the right to terminate our agreement with you if we are refused payment.

3.3

Where you pay the price (in whole or in part) by gift voucher, the following terms and conditions will apply to your use of the gift voucher and you should read them carefully:

3.3.1

The gift voucher may be redeemed for those goods which are described on the gift voucher and the full cost of whichever delivery method you select. Accordingly, where you wish to redeem the gift voucher for goods of a higher value than the goods described on the gift voucher or where you require our express service (as to which see clause 4.2 below) then an additional charge will be payable, in accordance with clauses 3.1 and 3.2.

3.3.2

The gift voucher is non-transferable and cannot be sold, resold or redeemed in whole or in part for cash or any other form of credit. You should therefore note that if you choose to purchase goods of a lower value than those described on the gift voucher, we will neither issue you with a gift voucher for the remaining value nor will we pay you a part cash refund of the gift voucher;

3.3.3

The gift voucher may only be used once and we keep a record of all current vouchers;

3.3.4

The gift voucher is valid for an indefinite period.

4.1

We deliver anywhere in mainland UK. Delivery outside mainland UK may be possible by special arrangement but an additional delivery charge will be payable. If you require delivery outside mainland UK, we will discuss this with you over the telephone when the order is placed.

4.2

If you order goods from our standard service, delivery will be made within three to five working days of our acceptance of the order. However, we also offer an express service where you require the goods urgently. In that event, an additional charge will be payable which will vary depending upon the time required for delivery. If delivery is required on a Saturday, a further additional charge will be payable. Full details of the additional charges applicable to our express service are available on our website.

4.3

Goods are supplied at a temperature appropriate to the food concerned and perishable frozen goods will be delivered in polystyrene freezer boxes containing dry ice in compliance with statutory requirements. A safety leaflet will be included on the handling of dry ice. Details on the defrosting of our frozen goods can be found on our website.

4.4

We will arrange a time for delivery when you place your order. It is essential that you, or someone on your behalf, will be available to receive and sign for the goods at the delivery address at the time of the arranged delivery. If someone at the delivery address other than you signs for the goods, we are entitled to assume that person is authorised by you to do so.

4.5

Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery time and date.

4.6

If no one is at the delivery address when delivery is attempted then the following arrangements will operate, depending on whether the order contains frozen perishable goods.

4.6.1

If the goods are frozen, they will be taken back by our driver and we will be unable to arrange a further delivery because of the perishable nature of such goods. In addition, since such goods cannot be resold, and since we will have incurred a delivery charge, we will be entitled to retain in full the price of the goods debited from your payment card.

4.6.2

If the goods are not perishable, they will be taken back by our driver and we will contact you to arrange a further delivery. We will not make any additional charge for this further delivery.

5.1

In the case of perishable goods, you may amend or cancel your order by contacting us over the telephone on 020 8964 9556 prior to the following cut-off times:

5.1.1

In the case of our standard delivery service, no later than three hours after our acceptance of the order.

5.1.2

In the case of our express delivery service, no later than 30 minutes after our acceptance of the order.

5.2

If you amend or cancel your order containing perishable goods within the time limits stated at paragraph 5.1, then within 30 (thirty) days of the amendment/cancellation, to the extent that you have paid the price by credit, debit or charge card, we will credit your payment card with the appropriate sum and to the extent that you have paid by gift voucher, we will issue you with a replacement gift voucher.

5.3

Where you amend or cancel an order for perishable goods outside the time limits stated at paragraph 5.1, we will be unable to resell any unwanted goods since they are freshly made to order and we will also have incurred a charge to our courier on the booking of your delivery. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation.

5.4

In respect of non perishable goods only, you have the right to cancel the order and to send back the goods at any time within seven working days beginning on the day after you receive the goods. A working day is any day other than weekends and bank or other public holidays. Please note that this right does not apply to perishable goods such as frozen goods. If you wish to send back non-perishable goods, you need to comply with the following arrangements:

5.5

You should give us notice by telephone on 020 8964 9556 or by email at info@cheesecake.co.uk, giving details of the goods concerned.

5.6

You should then return the goods to us, in secure packaging, within five working days of notifying us that you wish to return the goods. You will be responsible for the cost of returning any goods to us unless they are defective or we have delivered the goods to you in error or as a substitute. Alternatively, we can collect the goods from you, but you will have to pay the cost to us of recovering the goods.

5.7

You must take reasonable care to ensure that the goods and their packaging are not damaged, pending their return.

5.8

Within 30 (thirty) days of the date on which you notify us of cancellation, [to the extent that you have paid the price of the goods by credit, debit or charge card,] we will credit your payment card with the appropriate sum [and to the extent that you have paid by gift voucher, we will issue you with a replacement gift voucher]. If we have already collected the goods ourselves, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

5.9

In the case of mixed orders comprising both perishable and non-perishable goods, your cancellation rights under clause 5.4 above will only apply to that part of your order which comprises non-perishable goods. You may amend or cancel that part of your order which comprises perishable goods in accordance with the provisions of clauses 5.1 to 5.3 above.

6.1

Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect goods, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by telephone. We may then, at our discretion, require you to send us a photograph of the goods which are the subject of the complaint.

6.2

You should note that where you order any cake with a topping, the topping by its nature may become dislodged during transit. In most cases, you will easily be able to replace the topping on top of the cake and this will in no way affect the quality of the cake itself. Accordingly, in that event, you will only be entitled to the remedies under clause 6.3 if there is some other problem with the quality of the cake after the topping has been replaced.

6.3

Subject to your compliance with paragraphs 6.1 and 6.2 above, where you have received incorrect goods, a short delivery of goods or goods that do not meet with your reasonable satisfaction, we will, at our option:

6.3.1

Make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or

6.3.2

To the extent that you have paid the price of the short shipped or unsatisfactory goods by credit, debit or charge card, refund the appropriate sum to your payment card and, to the extent that you have paid by gift voucher, issue you with a replacement gift voucher.

6.4

We will not require payment of any additional delivery charge in respect of the replacement of goods or making good their shortfall in these circumstances.

7

Our liability

7.1

We will not be responsible for any loss or damage to the goods after you have taken delivery of them.

7.2

We cannot accept liability for losses that were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any order under this contract will be limited to refunding you the price paid by you for the goods in question.

7.3

This does not include or limit in any way our liability:

7.3.1

For death or personal injury caused by our negligence;

7.3.2

Under section 2(3) of the Consumer Protection Act 1987;

7.3.3

For fraud or fraudulent misrepresentation; or

7.3.4

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.1

If you order goods from us for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

8.2

Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.

9.1

We are committed to ensuring that your privacy is protected and we will take all reasonable precautions to keep your personal information secure.

9.2

We will use any personal information you provide us for the purpose of fulfilling your order, for market research and for statistical analysis. We may share this information with our service providers and agents for this purpose.

9.3

We would also like to contact you by telephone, email or fax to notify you of products and offers that may be of interest to you from time to time. We will ask you whether you consent to receiving such information from us at the time that you provide us with your personal information.

9.4

We do not sell, rent or transfer your personal information to third parties for their marketing purposes.

9.5

You have a right to ask for a copy of your information (for which we may charge a small fee) and to correct any inaccuracies in your data.

10.1

If any of these terms and conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permissible by law.

10.2

These terms and conditions will be governed by English law and the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute which may arise between us.

The www.cheesecake.co.uk website is operated by the English Cheesecake Company Ltd of Unit 53/55, Pall Mall Deposit, 124-128 Barlby Road, London W10 6BL.

If you have any queries please contact us on 020 8964 9556