YUMMZY

Terms & Conditions

Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. WHAT’S IN THESE TERMS?

  • These terms tell you the rules for using our website yummzy.co.uk (our site). Our site is established to enable you to choose and purchase our products from our site.

2. WHO WE ARE AND HOW TO CONTACT US

  • Yummzy.co.uk is a site operated by Yummzy Ltd (”We”, “Us”, “Our”). We are registered in England and Wales under company number 11098092 and have our registered office at Office 24 Basinghouse 46 High Street, Rickmansworth, WD3 1HP. Our main trading address is 9 Nevada Street, London SE10 9JL. Our VAT number is GB301515947.
  • To contact us, please email relations@yummzy.co.uk.

3. BY USING OUR SITE YOU ACCEPT THESE TERMS

  • By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
  • If you do not agree to these terms, you must not use our site.

4. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

5. WE MAY MAKE CHANGES TO THESE TERMS

  • We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

6. WE MAY MAKE CHANGES TO OUR SITE

  • We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

7. WE MAY SUSPEND OR WITHDRAW OUR SITE

  • Our site is made available free of charge.
  • We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  • You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. HOW YOU MAY USE MATERIAL ON OUR SITE

  • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. DO NOT RELY ON INFORMATION ON THIS SITE

  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  • Whether you are a consumer or a business user:
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • If you are a business user:
    • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
    • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • In particular, we will not be liable for:

- loss of profits, sales, business, or revenue;

- business interruption;

- loss of anticipated savings;

- loss of business opportunity, goodwill or reputation; or

- any indirect or consequential loss or damage.

  • If you are a consumer user:
    • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no ability to you for any loss of profit, loss of business interruption, or loss of business opportunity.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

  • We will only use your personal information as set out in our Privacy and Cookies Policy.

13. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

  • We do not guarantee that our site will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
  • You must not misuse our site knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14. RULES ABOUT LINKING TO OUR SITE

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • We reserve the right to withdraw linking permission without notice.
  • If you wish to link to or make any use of content on our site other than that set out above, please contact relations@yummzy.co.uk.

15. YOUR ACKNOWLEDGEMENT TO US

  • You acknowledge that we may change these Terms by posting new or updated Terms on our Site.
  • 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.
  • 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 ad by our Privacy and Cookies Policy both of which are available on our site.

16. YOUR ORDERS

  • Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • If you wish to cancel your order, you must notify us within 3 hours of placing the order.
  • All our products are custom made and perishable and therefore your legal right to cancel a contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, does not apply.
  • If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

17. OUR PRODUCTS

  • The images of the products on our website are for illustrative purposes only. Although we have made every effort to provide accurate images of our products, because they are handmade and decorated, we cannot guarantee that the images would reflect the actual product delivered.
  • Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
  • Our products are fresh on the day of collection or delivery to you and will remain fresh if stored in accordance with the instructions included with the delivery. We do not accept any responsibility for the quality or deterioration of our products if they are not stored in accordance with our guidance.
  • Product allergens are contained on our website. In particular, our kitchen is not a nut free environment and other allergens may also be used in some of our products as indicated on our website and the delivery labels. We do not accept responsibility for any damage to health or otherwise caused by consumption of cakes due to allergies caused by allergens expressly identified by us.

18. DELIVERY

  • We will deliver our products to you in accordance with our Designated Delivery Days based on your postcode; we will contact you with a confirmation of the delivery date upon receipt of your order.
  • Our products leave our shop in an immaculate condition, we cannot guarantee the condition of our products when delivered as we use third party delivery companies and their terms and conditions would therefore apply. We do not accept any responsibility for damage caused by the delivery company / courier.
  • We need 72 hours notice to dispatch any product ordered.
  • If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
  • If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 8am to 8pm on weekdays (excluding public holidays), 9am to 7pm on Saturdays and 10am to 7pm on Sundays.
  • If you are not at home when the product is delivered. If no one will be available at your address to take delivery, it is your responsibility to inform us of where the delivery should be left as all our products are freshly baked and need to be delivered on the day of delivery.

19. RETURN POLICY

  • We do not accept returns of custom made orders for celebrations or other events / occasions. The decoration on any such cakes is to be agreed in advance.
  • We cannot accept the return of any product because it does not match the colour you were expecting from viewing the images on our website as the colours may vary from device to device.
  • We cannot accept return of any product merely because you do not like its taste as taste is a very personal matter.

20. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

  • If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
  • If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

April 2019