Terms & Conditons
This page (together with our Privacy and Cookies Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our Site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site.
Please note that before placing an order you will be asked to agree to these Terms.
If you refuse to accept these Terms, you will not be able to order any Products from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 12. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
- Information about us
- 1.1 We operate the website www.maggyrosecakes.com. We are Maggy Rose Cakes working from our designated Cakery based in Bromsgrove.
- 2 To contact us, please email us at .
- Use of our Site
- 1 The following constitutes a legal agreement between you and us with respect to our website service, the terms of which are set out below.
- 2 You must be at least 18 years of age to agree to and enter into this agreement on your own behalf and to register for use of our Site. If you are under 18 but at least 15 years of age, you must present these Terms to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.
- 3 When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of these Terms, you represent that (i) you have read, understood and agree to be bound by these Terms and (ii) you are at least 18 years old, either entering into this agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.
- Accessing Our Site
- 1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below).
- 2 We will not be liable if for any reason our Site is unavailable at any time or for any period.
- 3 From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users.
- Our Products
- 1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products will vary slightly from those images especially as each product is handmade and decorated and we may change the manner in which the Product is decorated.
- Terms & Conditions for Purchase of Products
- 1 Our website service permits you to purchase our Products from our Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
- 2 Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation and Invoice to notify you of the fact we have received and accepted your order.
- 3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- 4 If you notice an error in the Order Confirmation you must notify us by email at least 2 whole working days before the order is due to be collected or delivered.
- 5 If you wish to cancel your treat box order for any reason, you must notify us at least 2 whole working days before your order is due to be collected, by e-mailing us at . Please note all orders for treat boxes are non-refundable, we will issue you your credit in the form of a gift voucher.
- 6 Wedding cakes, celebration cakes, cupcakes and custom orders require a non-refundable, non-transferable deposit of 50% of the total cake price in order to confirm booking and secure the date of your event. The remaining balance is due 2 days prior for celebration cakes, cupcakes and custom orders and 4 weeks prior for wedding cakes.
- 7 All deposits are non-refundable. If you need to cancel or amend your order please contact us as soon as possible. We will try to accommodate changes subject to date availability but this is not guaranteed. We can move your wedding cake to another date.
- 8 As our Products are custom made and perishable your legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 do not apply.
- 9 If you wish to add to or change your treat box order, please contact us 3 whole working days in advance on . We will do our best to accommodate your needs.
- 10 Your purchase order for treat boxes cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out here will become effective.
- 11 All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available we reserve the right to substitute alternative Products.
- 12 In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to find you an alternative Cake Decorator. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event.
- Price & Payment
- 1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as an incorrect pricing.
- 2 Our prices include VAT (if VAT is payable) but exclude delivery costs, which will be added to the total amount due before completion of your order and can be checked on our FAQ’s page.
- 3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
- 4 Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.
- 5 All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorize payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
- 7 Prices may differ according to sales channel. This means prices on our website can be different from prices on our social media and other outlets at any given time, and we are not obligated to match the prices.
- Availability, Delivery & Collection
- 1 The treat boxes ordered by you can only be delivered to the delivery address provided by you to us, or (if applicable) collected by you from our location as otherwise agreed in writing between us.
- 2 Delivery charges of wedding cakes is calculated on a mileage and time basis.
- 3 All other cakes, cupcakes and orders are for collection only from our premises in Bromsgrove unless otherwise agreed in writing.
- 4 We currently do not offer a courier or postal service for cakes. Postal orders are reserved for brownie/blondie/tray bakes/treat boxes only.
- 5 Upon collecting your cake, we will not be liable to any damage to the cake once it has left our premises. We can advise you on the best way to transport and store your cake.
- 6 Deliveries of treat boxes are made by APC Overnight Courier and are subject to the T&Cs of the courier we use.
- 7 Our third party couriers will attempt to deliver on our behalf between 8am and 6pm. If no one is home to take delivery, the courier will attempt to leave the order in a safe place or with a neighbour. If in the judgement of the delivery driver there is no obvious safe place to leave the order, a card will be left with instructions to rearrange delivery. The order will be returned to the depot. It is the recipients responsibility to make contact by calling the phone number on the card to re-deliver the order on another day (Monday to Friday or charges may apply). Maggy Rose Cakes cannot accept responsibility or costs for deliveries where the recipient has not initiated contact with the courier to rearrange delivery; this remains wholly the responsibility of the recipient. Maggy Rose Cakes strongly recommends that the sender advises the recipient to expect a delivery. Ensuring that the recipient is going to be at the delivery address, on the day of delivery, remains the responsibility of the sender. Maggy Rose Cakes cannot accept responsibility or costs incurred in such circumstances. Maggy Rose Cakes cannot accept responsibility or any costs incurred as the result of a delay in delivery by the third party courier due to adverse weather conditions or accident. In such cases a complimentary on-line credit voucher will be offered as a gesture of goodwill. Where damage has occurred due to such delay a replacement will be dispatched to the recipient.
- 8 Any cake or custom order which were due to be collected by you from our premises and which you failed to collect on the appointed day, will be kept refrigerated but we cannot accept any responsibility for deterioration of the Products.
- 9 We hire stands for £30 (plus a deposit – the full replacement value – which will be returned to you when we receive the undamaged stand back within 1 week of the date delivered). You are responsible for returning the stand to us within the 1 week period.
- Allergies and Dietary requirements
- 1 All of our products are made fresh to order using the finest ingredients.
- 2 We are not a nut free kitchen. We work with and store many types of nuts & nut products, any customers requesting nut free products on enquiry are informed of this straight away. We include an awareness sticker on any postable items & it is also included on every listing on our website.
- 3 We try our best to accommodate dietary requirements but this is done at our discretion and in consultation with the customer.
- Risk & Title
- 1 The Products will be at your risk from the time you collect the Products from the designated location or we deliver them to you.
- 2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
- Returns Policy
- 1 We hope that you will be pleased with your Products. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the flavour of Product is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by e-mail on .
- 2 If a parcel is lost or damaged, we will send a new product as soon as we possibly can, we do not offer any refunds for parcels damaged or lost in transit.
- How we use your personal information
We only use your personal information in accordance our Privacy and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.
- Your legal rights
You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- Our right to vary these terms
- 1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements
(c) to reflect changes in market conditions affecting our business
(d) changes in technology
(e) changes in our system's capabilities.
- 2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- 3 Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this.
14 YOUR AGREEMENTS WITH US
YOU AGREE that:-
- 1 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;
- 3 Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing our Site (including any software or systems you use to access our Site);
- 4 All content contained within this website is the property of Maggy Rose Cakes. All rights are reserved. You are not authorized to use, edit, or duplicate any of this site’s content without our express permission. If you hold the copyright for any products, brands, or images represented on this website – and you are unhappy with our use of your property – please notify us immediately.
- 5 Intellectual Property - all content on Maggy Rose Cake’s website, Facebook page, Twitter, Instagram account and all other social media is the intellectual property of Maggy Rose Cakes. You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright or trademarks.
- 6 Variation in computer, browser and operation will create differences in visual layout and usability of this Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.
- 7 You understand and agree that your use of our Site is at your own sole risk. Our Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of our Site with respect to performance, accuracy, reliability, security capability or otherwise.
- 8 You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using our Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same.
- 9 you understand and agree that it is your sole responsibility to ensure that your system(s) will function correctly with this Site.
- Your System Requirements
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
- Your Indemnity to us
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of our agreement and/or these Terms for your use of our Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result of any of these.
Relating to our Site:
- 1 You understand and agree that your use of our Site is at your own sole risk. Our Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of our Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using our Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
- 2 We make no warranty that any particular device or software you use will be compatible with our Site. It is your sole responsibility to ensure that your system(s) will function correctly with our Site.
- 3 Under no circumstances shall we be liable for any unauthorised use of our Site or our Products.
- 4 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use our Site, even if we have been advised of the possibility of such damages.
- 5 We will not be liable for errors or omissions on our Site nor for loss or damage suffered by you as a result of any unavailability of our Site or by any use by you or reliance placed on our Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
- 6 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon our Site.
- 7 Our site is provided "as is" and you acknowledge that despite our reasonable endeavours our Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email .
- 8 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to our Products.
Relating to our Products:
- 1 Customs cakes, wedding cakes and cupcakes ordered are made fresh for delivery to or collection by you and are best consumed within 48 hours. Once cakes are cut, they should be kept airtight and can be frozen for up to 2 months.
- 2 Treat boxes (brownies/blondies/traybakes) have a shelf life of 7 days from the time of delivery or collection if kept in an airtight container. They can also be frozen for up to 3 months.
19 Transfer of Rights and Third Party Rights
- 1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- 2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20 Applicable Law
These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
21 Communications between us
- 1 When we refer, in these Terms, to "in writing", this will include e-mail.
- 2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to or by post to Maggy Rose Cakes, 594 Birmingham Road, Lydiate Ash, Bromsgrove, B61 0HT. We will confirm receipt of this by contacting you in writing, normally by e-mail. You must provide us with your contact address, e-mail and telephone number.
- 3 If we have to contact you or give you notice in writing, we will do so by e-mail.
22 Your Acknowledgement to Us
- 1 You acknowledge that we may change these Terms by posting new or updated Terms on our Site.
- 2 You acknowledge that it is your responsibility to check our Site regularly to ascertain if changes have been made and your continued use of our Site after such a change will constitute your acceptance of the changes.
- 3 By reading these terms together with our Privacy and Cookies Policy and continuing to use our Site you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy and Cookies Policy both of which are available on our Site.