TERMS & CONDITIONS

 

These terms and conditions (“Ts & Cs”) apply to any purchase of cakes from Gateaux Atelier (“GA”) and form part of your contract (“The Contract”). It is important that you read them carefully and make sure you understand them before ordering. GA can only accept an order if the Ts & Cs are agreed. Please double-check this page before making an order as the Ts & Cs may have been amended since you last looked.

 

1. Information about GA

   1. Address (correspondence): 21 Chippenham Mews, London W9 2AN

   2. Email: info@gateauxatelier.co.uk

   3. Telephone: available on request

2. The Cakes

   1. The images on this website are for illustration only and, although they are intended to be a fair reflection of the actual cakes, their accuracy cannot be guaranteed.

   2. As the cakes are all handmade, it is possible that dimensions, weights and other measurements may differ slightly from those stated on the website. Efforts are made to ensure accuracy in all cases.

   3. Any packaging shown on the website is by way of illustration only, however, it is intended as a fair reflection of the quality of packing used.

   4. All cakes are sold subject to availability. If a cake that you ordered is not available, the order will not be processed, you will be contacted as soon as possible and no charge will be made.

3. Private Customers

   1. In order to purchase cakes from this website, you must be at least 18 years old.

   2. Your legal rights as a consumer in relation to any purchase from this website are unaffected by these Ts & Cs.  Information and/or advice are available from Trading Standards or Citizens Advice.

4. Business Customers

   1. If you make an order in your capacity as a business, you are thereby confirming that you have the authority to bind any such business on whose behalf you are making the order.

   2. These Ts & Cs shall be taken as constituting the entire agreement between you and GA. In making an order you are acknowledging that you have not relied on any statement, promise or representation made or given by GA or on behalf of GA which is not set out in these Ts & Cs.

5. The Contract

   1. To place an order, please follow the steps outlined in the Order section on the website.

   2. GA’s acceptance by email of your order completes the contract between you and GA.

   3. The Ts & Cs in force at the time of any order shall apply to that order

   4. Until GA accepts an order there is no contract and GA reserves the right unconditionally to refuse to accept any order as it so chooses

   5. If it is not possible to supply a cake, for example, because the ingredients are unavailable or due to an error in the ordering process, you will be informed by email, the order will be cancelled and any payment will be refunded. GA will make every reasonable effort to work with you in trying to find a suitable alternative.

6. Revision of the Ts & Cs

   1. GA has the right to change these Ts & Cs should there be changes

      1.  in the method of payment, OR

      2. in the laws and regulations relevant to the supply of the cake and/or the performance of the Contract

   2. Any such revision shall be notified on this page

7. Consumers’ rights to return and refund

   1. These rights apply to private consumers only

   2. There are rights to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000. Advice about these rights is available from Citizens Advice and/or Trading Standards.

   3. There is no right of cancellation in respect of

      1. Custom- made cakes

      2. Perishable goods such as food

   4. Your rights in respect of a cake that is not as described (allowing for differences of description as outlined in para 2 above) or is faulty are not affected by para 7.c above

   5. Please note that the cakes, being food, have a limited shelf life as described in the Order section. They are at their best when fresh and are ideally consumed within 12 hours of delivery, but should otherwise be preserved in accordance with the instructions in the Order section. Attention should be paid in all cases to any use by date notified on the website and/or by email and/or on delivery of the cake

8. Delivery

   1. GA will contact you with a revised delivery date should the estimated date require changing

   2. Delivery will be completed for the purposes of this contract by either a properly attempted delivery to the address stated on your order or by your collection of the cake

   3. If no one is available to receive delivery at the agreed time/date, the cake will be returned to GA. Please contact GA to arrange a further delivery. GA reserves the right to levy an additional delivery charge. GA cannot guarantee the freshness of the cake in the event of one or more additional attempts at delivery.

   4. GA remains the owner of the cake until payment, including for any delivery charges, has been made in full.

9. International Delivery

   1. At present, delivery is only possible within the UK

10. Prices of cakes and delivery charges

    1. Prices of cakes may change from time to time, but any such change will not affect previously confirmed orders

    2. VAT (at the rate for the time being chargeable by law in the UK) is included in the quoted price of all cakes. However, any changes in the rate of VAT will be deducted from or added to the order as appropriate until such time as the order has been paid in full.

    3. Delivery charges are not included in the quoted price of any cake, but will be quoted specifically and separately.

11. Payment

    1. Payment for the cakes and any delivery charges must be in advance

    2. Payment must be made by whatever method is stated in the Order section on the website or by private arrangement with GA

12. Warranty

    1. GA provides a warranty that, on delivery, the cakes shall be free from material defects, however this warranty does not apply in the circumstances detailed in clause 12.2

    2. The warranty described in clause 12.1 does not apply to any defect in the cakes arising from:

       1. Fair wear and tear

       2. Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or

       3. If you fail to use and/or store the cake in accordance with the instructions provided on this website and/or with the cake; or

       4. Any alteration or repair by you or by a third party; or

       5. Any specification provided by you.

    3. If you are a consumer, this warranty applies in addition to your legal rights in relation to cakes that are faulty or not as described. Advice about your legal rights is available from any Citizens Advice Bureau or Trading Standards office.

13. Liability to business customers

    1. The cake is supplied for the personal internal use of the business customer and not under any circumstances for resale

    2. Nothing in these Ts & Cs is intended to limit or exclude liability for

       1. Death or personal injury caused by GA’s negligence;

       2. Fraud or fraudulent misrepresentation;

       3. Breach of terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

       4. Defective cakes under the Consumer Protection Act 1987.

    3. Subject to clause 12.b above GA will not under any circumstances whatsoever be liable whether in tort (including negligence), contract, breach of statutory duty, or otherwise, arising under or in connection with the Contract for

       1. Any loss of profits, sales, business or revenue

       2. Loss or corruption of data, information or software

       3. Loss of business opportunity

       4. Loss of anticipated savings

       5. Loss of goodwill

       6. Any indirect or consequential loss

    4. Subject to clauses 12.b and 12.c above GA’s total liability in respect of all other losses arising under or in connection with the Contract, whether in tort (including negligence), contract, breach of statutory duty, or otherwise, shall in no circumstances exceed £1000

    5. Except as expressly stated in these Ts & Cs, GA does not give any representation, warranties or undertakings in relation to the cakes. Any representation, condition or warranty which might be implied or incorporated into these Ts & Cs by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, GA will not be responsible for ensuring that the cakes are suitable for your purposes

14. Liability to consumers (private customers)

    1. Should GA fail to comply with these Ts & Cs it will be responsible for loss or damage that you suffer that is a foreseeable consequence of GA’s breach of the Ts & Cs or its negligence, but it is not responsible for any loss or damage that is not foreseeable. The test of foreseeability is whether the loss or damage were contemplated by you or GA at the time that the Contract was entered into, or if they were an obvious consequence of GA’s breach.

    2. GA is only supplying these cakes to you strictly for domestic and private use. You agree not to use the cake for any commercial, business or re-sale purposes, and GA has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    3. GA does not in any way exclude or limit liability for:

       1. Death or personal injury caused by its negligence;

       2. Fraud or fraudulent misrepresentation;

       3. Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

       4. Any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

       5. Defective cakes under the Consumer Protection Act 1987.

15. Events outside GA’s control

    1. GA will not be liable or responsible for any failure to perform or delay in performance of any of its obligations under a Contract that is caused by an “event outside GA’s control” (as defined in para 14.b below).

    2. An “event outside GA’s control” means any act or event beyond GA’s reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    3. If an “event outside GA’s control takes place that affects the performance of GA’s obligations under a Contract:

       1. GA will contact you as soon as reasonably possible to notify you; and

       2. GA’s obligations under the Contract will be suspended and the time for performance of those obligations will be extended for the duration of the “event outside GA’s control”. Where the “event outside GA’s control” affects GA’s delivery of cakes to you, GA will arrange a new delivery date with you after the “event outside GA’s control is over.

16. Communications between you and GA

    1. Reference in these Ts & Cs to “in writing” includes email

    2. If GA has to contact you or give notice to you in writing, it will do so by email or by pre-paid post to the address that you provided in your order.

    3. If you are a business, please note that any notice given will be deemed received and properly served 24 hours after an email is sent or 3 days after the date of posting of any letter.

17. Additional important terms

    1. GA may transfer its rights and obligations under a Contract to another organisation, but this will not affect your rights or the obligations under these Ts & Cs.

    2. You may only transfer your rights and/or your obligations under these Ts & Cs to another person with GA’s express agreement in writing, which agreement may be withheld should GA deem it appropriate to do so. However, if you are a consumer and you have purchased the cake as a gift, you may transfer the benefit of the warranty to the recipient of the gift without needing to ask GA for consent

    3. This contract is between you and GA. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a cake will have the benefit of a warranty (as described in clause 12 above), but neither you nor GA will need their consent to cancel or change or amend these Ts and Cs

    4. Each and every one of the clauses and sub-clauses of these TS & Cs operates separately. If any court or relevant authority decides that any one or more of them are unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.

    5. These Ts and Cs are governed by English law. This means that a Contract for the purchase of cakes through this website (or from GA by any other means) and any dispute or claim arising out of or in connection with it will be governed by English law. GA and you both agree that the courts of England and Wales will have exclusive jurisdiction.

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