TERMS AND CONDITIONS
1.1 In these terms and conditions:
1.1.1 "Account" means the account established between us and a Business;
1.1.2 "Business" means any company, partnership, charity, organisation or business accepted by us as such;
1.1.3 "Consumer" means a natural person acting outside business purposes;
1.1.4 "Products" means any products purchased by you through our Website;
1.1.5 “us/our or we” means The Cakery Shop and any of its authorised agents;
1.1.6 "Website" means www.thecakeryshop.in
1.1.7 “you/your” means the Consumer or Business who orders the Product(s).
1.2 All orders placed by you are subject to these terms and conditions (Terms). By clicking on the 'place your order now' button on the Order Form, you are consenting to be bound by these Terms.
1.3 If you are a Consumer you must be over 18 to place an order via our Website.
1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including all taxes) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered.
1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.
1.7 Save where you hold an Account, we shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.8 If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.9 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.
1.10 You can only deliver multiple Products ordered over the Website to one address. If you need to deliver to more than one address please call to arrange delivery on : +91 9899656754.
1.11 Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the Website.
REGISTRATION AND WEBSITE USE
3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
4.1 The price payable for the Products that you order is shown on our Website.
4.2 The Website shall detail whether our prices are shown inclusive or exclusive of all taxes and Prices are show exclusive of delivery which is charged separately. Delivery costs will be shown separately on selecting the delivery locations and will be added to the total payment amount.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
5.1 We accept payment by credit, debit card, cash card and Net Banking (Indian Bank). Unless you hold an Account we will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
5.2 If you hold an Account you will be invoiced in arrears and payment of your Account will be due in accordance with the agreed commercial terms of the Account or if no such terms are agreed then you will be invoiced monthly and shall have 30 days to pay in full.
6.1 We only deliver Products within Delhi NCR.
6.2 Delivery dates, times and delivery call-off times shall be detailed on the Website when you order Products.
6.3 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period
6.4 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
6.5 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations. The signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
6.6 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.7 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 whatsoever.
6.8 Please ensure that you enter full and accurate details, including the address and the postal code, 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.
IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law you have the right to cancel your contract before you receive the Products or to return any Products to us within 7 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy set out in clause 11.
7.2 Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not apply to:
7.3.1 Products supplied to your specification or which are personalised; or
7.4 Order can be cancelled within One Hour after placing the order time.