CakeHatch - Terms and Conditions
Last Updated 11 December 2020
CAKEHATCH WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions (" Website Terms ") on which we, Vubon Ltd (trading as CakeHatch), " we ", " our " or " CAKEHATCH " or “cakehatch.com”), provide access to our website www.cakehatch.com and any CAKEHATCH mobile application through which you order products (together, " the Website "). Please note the names “Vubon” and “CakeHatch” may be used interchangeably but refer to the same organisation.
Please read these Website Terms carefully before ordering any products through the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to " Website " in these Website Terms include any current or future version of our website www.cakehatch.com and any CAKEHATCH mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Vubon Ltd (trading as CakeHatch) is a company registered in England and Wales with registered company number 12990566 , whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU
1.2. Product Orders: We provide a way for you to communicate your orders (“ Order ” or " Orders ") for products (“ Product ” or " Products ") to delivery or collection/ takeaway bakeries in the UK (“ Baker ” or " Bakery ") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the bakery that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the bakers in all cases.
2. WEBSITE ACCESS AND TERMS
2.1. Website access:
You may access some areas of the Website without making an Order or registering your details
with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
- 3.1.1. You are legally capable of entering into binding contracts with bakeries; and
- 3.1.2. You are at least 18 years old.
3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the bakery (or bakeries) directly to check that the food is suitable for you, before placing your order directly with them.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you have selected the Products you wish to order via the CakeBuilder and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", “order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the bakery and errors cannot be corrected (subject to paragraph 4.2. below).
4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the bakery in order to communicate your requests. However, there is no guarantee that we will be able to reach the bakery or that the bakery will agree to your requests as they may have already started processing your Order.
4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Bakery.
4.4. Processing your Order and Bakery rejections: On receipt of your Order, we will send it to the relevant Bakery and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Bakery but does not necessarily mean that your Order will be fulfilled by the Bakery. We encourage all our Bakeries to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Bakery rejects your Order. However, Bakeries have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Bakeries will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.
4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Bakeries are only estimates. Neither we nor the Bakeries guarantee that Orders will be delivered or will be available for collection within the estimated times.
4.6. Commercial agency: For the avoidance of doubt, any orders processed by CAKEHATCH through the Website are processed by CAKEHATCH in its capacity as commercial agent of the relevant Bakery.
5. PRICE AND PAYMENT
5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Bakery. These will be added to the total amount due where applicable.
5.2. Incorrect pricing: This Website contains a large number of bakery items and it is possible that sometimes the price shown may be incorrect. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Bakery is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods:
Payment for Orders must be made by an accepted credit or debit card through the Website.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Bakery at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5 Price tampering
: CakeHatch reserves the right to cancel any order, without compensation, if it finds that a
customer has manipulated the price via means of hacking the site or via any other digital or
non-digital means of price manipulation.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by CAKEHATCH, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Bakery will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. Where you use the Website as a guest, any account credit which you accrue against your temporary guest account can only be redeemed for an Order placed via your temporary guest account and cannot be transferred for use on another account.
5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Bakery (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Bakery will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling the telephone number shown on the Website.
6.2. Questions about your Order:
If you have a query about your Order or have any other problems with your Order, you can contact
our Customer Care Team as described above and one of our Customer Care Advisers will attempt to
contact the Bakery in order to follow up on your query.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Bakery in order to communicate your requests. However, there is no guarantee that we will be able to reach the Bakery or that the Bakery will agree to your requests as they may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Bakery, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Bakery and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Bakery directly to lodge your complaint and, where appropriate, follow the Bakery's own complaint procedures. If you are unable to contact the Bakery, or the Bakery refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Bakery in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Bakery that you place your Order with. We have no control over Bakeries and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Bakery.
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
- 7.1.1. You must not misuse the Website (including by hacking or \"scraping\").
- 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works may be protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
- 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- 7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
- 7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. WEBSITE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
- 9.1.1. Other than personally identifiable information, which is covered under our Privacy Notice, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
- 9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
- 9.2.1. breaches any applicable local, national or international law;
- 9.2.2. is unlawful or fraudulent;
- 9.2.3. amounts to unauthorised advertising; or
- 9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
- 9.3.1. contain any defamatory, obscene or offensive material;
- 9.3.2. promote violence or discrimination;
- 9.3.3. infringe the intellectual property rights of another person;
- 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
- 9.3.5. promote illegal activity or invade another\'s privacy;
- 9.3.6. give the impression that they originate from us; or
- 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6. Images: Any images of food displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by the Bakery from which you choose to order; or (b) representative of the food you receive from a Bakery.
9.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Bakery or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website's homepage (www.just-eat.co.uk), provided that:
- 10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
- 10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
- 10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
- 10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.2. Allergy, dietary and other menu information: When a Bakery signs up with us, they have to provide us with up-to-date information. We then include this on the bakeries page on the Website . Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the Bakery's menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Bakery directly before placing your order. Please do not use the "leave a note for the Bakery" box solely to communicate your food allergies or intolerances, please contact the Bakery directly.
11.3. Bakery actions and omissions: The legal contract for the supply and purchase of Products is between you and the Bakery that you place your Order with. We have no control over the actions or omissions of any Bakeries. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
- 11.3.1. We do not give any undertaking that the Products ordered from any Bakery through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- 11.3.2. Estimated times for deliveries and collections are provided by the Bakeries and are only estimates. Neither we nor the Bakeries guarantee that Orders will be delivered or will be available for collection within the estimated times.
- 11.3.3. We encourage all our Bakeries to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Bakery rejects your Order. However, we do not guarantee that Bakeries will accept and fulfil all Orders, and Bakeries have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. Bakeries will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.
- 11.3.4. The foregoing disclaimers do not affect your statutory rights against any Bakery.
11.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
- 12.2.1. any loss of profits, sales, business, or revenue;
- 12.2.2. loss or corruption of data, information or software;
- 12.2.3. loss of business opportunity;
- 12.2.4. loss of anticipated savings;
- 12.2.5. loss of goodwill; or
- 12.2.6 loss of reputation; or
- 12.2.7. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £50, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
- 13.1.1. you have used the Website in breach of paragraph 7.1 (License);
- 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
- 13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
- 13.1.4. you have breached any other material terms of these Website Terms.
- 13.1.5 you have hacked, or attempted to hack, our website
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (" Force Majeure Event ").
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 15.2.1. strikes, lock-outs, lockdowns or other industrial action;
- 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
- 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 15.2.5. impossibility of the use of public or private telecommunications networks; and
- 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.
16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
16.8. CakeBuilder: The CakeHatch website allows you to digitally design a cake using our proprietary CakeBuilder technology. By using the CakeBuilder, you accept that:
- 16.8.1. Any design you create is the property of CakeHatch, and as such, may be used for marketing, training, inspiration for other users or for any other purpose we deem to be related to the CakeHatch business
- 16.8.2. Despite the baker’s best efforts, the cake the baker bakes for you will not be exactly the same as what you design using the CakeBuilder
- 16.8.3 The dimensions, colours, shapes and any design feature are shown on the website for illustrative purposes. The final cake will not adhere to every dimension, colour, shape, design feature you create on the CakeBuilder
- 16.8.4. We provide the facility to use the CakeBuilder in good faith, free of charge. By using the CakeBuilder you agree to absolve CakeHatch for any errors and omissions that may occur between the design stage (on your device) to the baking stage (at the baker’s premises) irrespective of whether it is caused by website problems, network delays or any other unintended impediment
17. GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.
17.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
II. CAKEHATCH VOUCHER TERMS & CONDITIONS
1. The following general terms and conditions (the " General Voucher Terms ") will apply to all vouchers issued by CAKEHATCH from time to time for use on the Website, including vouchers with a credit value (" Paycode Vouchers ") and promotional discount vouchers (" Discount Vouchers ", and together with Paycode Vouchers, ("Vouchers").
2. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued.
3. Vouchers may only be redeemed towards online Orders from Bakerys made through the Website. You may only use vouchers in connection with a cash Order where the Bakery you are ordering from accepts cash Orders.
11. The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
12. Unless otherwise provided or specified in the Specific Voucher Terms:
12.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
12.2 each Voucher will be valid for use by a recipient only once;
12.3 each customer or household is limited to one Voucher per promotion or offer; and
12.4 the right to use a Voucher is personal to the original recipient and may not be transferred.
13. When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
14. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of an Order (before any Voucher credit or discount is applied) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.
15. Vouchers may not be exchanged for cash.
16. We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.
17. We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
18. All standard terms and conditions from time to time for use of the Website and the Service apply.
III. CAKEHATCH COMPETITIONS TERMS & CONDITIONS
1. The following general terms and conditions (the " General Competition Terms ") will apply to all competitions run by CAKEHATCH.
2. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the " Specific Competition Terms ") that will be specified in connection with each competition.
3. Competitions are open to individual residents of the UK aged 18 or over, except employees of CAKEHATCH, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.
4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.
5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.
6. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.
7. The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
8. Any personal data that is collected as part of any CAKEHATCH competition will be processed in accordance with applicable UK data protection legislation. See our Privacy Notice for further information.
9. We reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.
10. Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into.
11. All standard terms and conditions from time to time for use of the Website and Service apply