CAKES & MUFFINS HOUSE – TERMS AND CONDITIONS
1.1 Welcome to Cakes & Muffin House! The Website is owned and operated by Cakes & Muffin House (the “Seller”).
1.2 Please read carefully the following terms and conditions (the “Terms”), because they constitute a binding agreement between you and Cakes & Muffin House. By accessing the Website or by using any of its services, you indicate your acceptance to these Terms. If you do not agree with any or all the Terms, you should not access the Website or use any of its services.
Please feel free to submit any questions that you may have regarding the Terms to: email@example.com
1.3 These Terms consist of two (2) parts; The “General Terms” (as from clause 3) and the “Online Shopping Terms” (as from clause 22).
1.4 The “General Terms” govern the access the to the site whilst the “Online Shopping Terms” govern the purchase of products on the Site.
1.5 The offering and the sale of the Products on the Site constitutes the “Service”. The Site and the Service are governed by these terms and conditions.
1.6 Throughout the Site, the terms “we”; and “us” refer to the Seller. The Seller offers this Site, including all information, tools and services available from this Site to you, the “User or buyer”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.7 By visiting the Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Validity of the Agreement
2.1 A binding agreement is concluded with full legal force and effect between the user and Cakes & Muffin House at the place and at the time and date that the Cakes & Muffin House receives the user’s order via an electronic data message on its server. Thereafter the agreement can only be cancelled with Cakes & Muffin House’s consent.
2.2 An electronic signature is not required to conclude an agreement with Cakes & Muffin House.
2.3 An acknowledgement of receipt of the user’s order may be sent to the user by Cakes & Muffin House, but is not a requirement for the conclusion of the agreement.
GENERAL TERMS AND CONDITIONS
Intellectual Property Rights
3.1 All the content on this site including literary (text, brochures, product specifications, electronic books), artistic works (photographs, drawings and other graphic works), music works (sounds, songs and melodies), sound recordings (recordings of music), cinematograph films (videos) and computer programs currently on the website are owned by or licensed to Cakes & Muffin House. These rights are protected by Copyright Laws and may not be used without the prior written consent of Cakes & Muffin House. Unauthorized use, reproduction or distribution of any content on our website is an infringement of our intellectual property rights.
3.2 Cakes & Muffin House’s trademarks and trade dress may not be used in connection with any product or service that is not Cakes & Muffin House’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cakes & Muffin House. All other trademarks not owned by Cakes & Muffin House or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cakes & Muffin House or its subsidiaries.
3.3 You are granted limited license only for purposes of viewing the material contained on this website and only for your own personal use subject to restrictions set in these terms and conditions.
3.4 Cakes & Muffin House does not hold ownership on all content whose authors are referenced/mentioned; such content belongs exclusively to the respective authors. The content in question includes, but is not limited to, all reviews of cakes or any other pastries, images of cakes or other pastries, as well as all recipes that don’t mention an author or a source.
Access to the site
4.2 You agree not to use or launch, or cause to be used or launched, any automated/computerized/analog/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing or distributing vouchers or codes, robots, spiders, offline readers, place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Notwithstanding the foregoing, Cakes & Muffin House grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Cakes & Muffin House reserves the right to revoke these exceptions either generally or in specific cases at any time.
4.3 You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their Submissions to the Website.
4.4 Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of the material’s owner.
4.5 We always try to provide you uninterrupted access to the website and error-free transmissions. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
4.6 You are not allowed to:
- a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; e) access or otherwise interact with our website using any robot, spider or other automated means without our express written consent.
5.1 These Terms provide you with a personal, revocable, non-exclusive, non-transferable license to use this site conditioned on your continued compliance with these Terms. You may use this site solely for your personal, non-commercial use, and you may download a single copy of the materials from this site only for personal, non-commercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.
5.2 Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material’s owner. As a condition of your use of this site, you warrant to Cakes & Muffin House that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms, and you agree that the license to use Cakes & Muffin House’s website will terminate immediately upon your violation of this warranty. Cakes & Muffin House reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.
Registration and accounts
6.1 To be eligible for an account on our website, you must 18 years of age. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that will be sent to you. You are not allowed to use any other person’s account to access the website without that person’s express permission to do so. You must notify us in writing immediately if you become aware of any unauthorized use of your account or if you believe that your account might be in any way compromised. 6.2 By registering for an account with our website, you will be asked to choose a username and password. Your username must not be liable to mislead and must comply with the content rules set out under the section “Your content: rules”. You are not allowed to use your account or your username for or in connection with the impersonation of any person. You must keep your password confidential.
6.3 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
We may suspend your account, cancel your account, and/or edit your account details at any time in our sole discretion without notice or explanation. You may also cancel your account on our website by accessing your account settings on the website.
Your content: rules
8.1 You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person, in each case in any jurisdiction and under any applicable law.
8.2 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- a) be libelous or maliciously false;
- b) be obscene or indecent;
- c) infringe any copyright, moral right, database right, trade mark right, design right, right in
passing off, or other intellectual property right;
- d) infringe any right of confidence, right of privacy or right under data protection legislation;
- e) constitute negligent advice or contain any negligent statement;
- f) constitute an incitement to commit a crime, instructions for the commission of a crime or
the promotion of criminal activity
- g) be in contempt of any court, or in breach of any court order;
- h) be in breach of racial or religious hatred or discrimination legislation;
- i) be blasphemous;
- j) be in breach of official secrets legislation;
- k) be in breach of any contractual obligation owed to any person;
- l) depict violence in an explicit, graphic or gratuitous manner;
- m) be pornographic, lewd, suggestive or sexually explicit;
- n) be untrue, false, inaccurate or misleading;
- o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- p) constitute spam; or
- q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
- Disclaimer of Warranties and Limitation of Liability
9.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
9.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
9.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
9.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9.5 In no case shall Cakes & Muffin House, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Cakes & Muffin House and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11.1 It shall not be a breach of these Terms when we are delayed or prevented from providing our Services, processing or fulfilling an order, or making the Site available as a result of a cause beyond our reasonable control, including, without limitation any act of God or natural disaster and unavoidable incident, actions of third parties, riots, civil commotion, war, pandemics, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen or the any cause similar to or having the same effect as the causes stated in this clause regardless of whether the circumstances in question could have been foreseen (collectively, “Force Majeure Event”).
11.2 If we are prevented from fulfilling an order due to a Force Majeure Event for more than 5 Business Days, either you or we may cancel the Order by written notice.
Data Protection and Personal Information
Errors, inaccuracies and omissions
13.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
13.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14.1 Certain content, products and services available via our Service may include materials from third-parties.
14.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
14.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
15.1 If, at our request, you send certain specific submissions without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
15.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
15.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Breach of these Terms and Conditions
Without limiting other remedies, Cakes & Muffin House may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Cakes & Muffin House’s website in the event, but not limited to:
- b) If Cakes & Muffin House is unable to verify or authenticate any information you provide; or
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19.1 The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which are expressly provided to operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this.
19.2 These Terms and Conditions are effective until amended or terminated.
19.3 If in our sole judgment you fail, or we reasonably are of the opinion that you have failed, to comply with any term or provision of these Terms and Conditions, we also may deny you access to our Site (or any part thereof).
Update and Amendments to the Terms and Conditions
The terms and conditions may be amended by us. These updates and amendments will immediately be effective at time of posting thereof on the website. The user should check the website for any updates from time to time and the continued use of the website shall be considered as acceptance to abide by the amended terms of conditions.
ONLINE SHOPPING TERMS AND CONDITIONS
Products and Food Allergies
22.1 Our products are individually made with high quality ingredients.
22.2 We at Cakes & Muffin House make every attempt to identify ingredients that may cause an allergic reaction for those with food allergies. However, there is always risk of contamination as our bakery may use products containing allergens. Although we have strict cross contamination policies; we cannot guarantee a total absence of these items in any of our products. Customers with food allergies must be aware of this risk. Cakes & Muffin House will not assume any liability for adverse reactions from the food consumed, or items one may come in contact with whilst eating any products.
22.3 As the Buyer it is your responsibility to inform us on any allergies and check the Product description for any allergens or offensive ingredient prior to ordering a Product on the Site, as no exchanges or returns will be considered in this regard.
Risk and ownership
23.1 Risk in the products shall pass to the buyer or their representative on collection or delivery thereof. Cakes & Muffin House will however remain owner of the product until full payment has been received.
23.2 Cakes & Muffin House will not be held liable for any damage that happens to the purchased product after delivery to the buyer or pick up by the buyer or his/her representative.
Accuracy of Billing and Account Information
24.1 We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we will notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made.
24.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
24.3 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
25.1 If you have placed two or more identical orders by mistake, please let us know about it. We will give a full refund for the duplicate order, provided that the order has not been prepared.
25.2 If we find that the same order has been made twice, we will try to contact the customer to confirm the order. If the customer is not contactable, we will take the decision on your behalf and that will be final.
Defects, Changes, Returns and Refunds
26.1 If you are dissatisfied with goods purchased from our website, kindly contact us to organize pick up the purchased goods or return the goods to Cakes & Muffin House’s physical address where a representative of Cakes & Muffin House must be afforded an opportunity to observe and inspect the goods in question, whereafter Cakes & Muffin House will in their discretion offer the buyer a replacement or exchange.
26.2 Should a Product be found defective after receiving a complaint, a right to replacement will be granted. Kindly note that no refunds will be issued.
26.3 Alterations to orders may be requested, but we may not be able to accommodate late changes. Additional charges may apply for any changes.
26.4 Menu cakes (those that appear on the “shop” part of our website), can be altered upon request by the buyer, but will be treated and charged as custom cakes.
26.5 If at any time you decide to return a Product to one of our stores, then transport fees will not be reimbursed and ancillary costs will be for your own account.
27.1 Cancellations are only allowed for cakes that have a preparation time of more than 4 hours as per the product description on our website.
27.2 The amount of refund is at the discretion of Cakes & Muffin House.
27.3 If a refund is accepted, Cakes & Muffin House will require at least 21 business days to process the refund.
Accepted Payment Methods
28.1 When making purchases on the online store of the Site, the Buyer have the option to pay via the following payment options where available:
- Debit and Credit Cards (Visa/Mastercard/American Express)
- Airtel Money
28.2 The abovementioned payment methods are facilitated through Third Party Services.
28.3 We take no responsibility for any downtime on any of the above-mentioned payment methods, nor for any unsuccessful payments facilitated by these Third Parties.
28.4 Through submitting your order and card details you warrant that you are authorized to make the payment.
28.5 An order will only be deemed complete once payment is done and the buyer receives a notification from Cakes & Muffin House either through email or SMS confirming that the order has been placed.
29.1 We will deliver, to you, the Products as per your order placed, via our delivery service.
29.2 Delivery is only done within Nairobi
29.3 Delivery time will depend on the preparation time of the product/products ordered, as stipulated in the product description on our website.
29.4 The buyer should grant Cakes & Muffin House hours allowance between preparation time and delivery time. Note that delivery time will differ depending on the product ordered and distance of delivery.
29.5 Our obligation to deliver any Products to you is fulfilled when delivered at the physical address nominated by you for delivery of the Products, at which point all risk in and to the Products will pass to you.
29.6 Should your delivery address be in a complex/flat/estate where access may be restricted by security, the order will be delivered at the last point of access or at a delivery point nominated by you.
29.7 If you find that any Product ordered was not successfully delivered you must notify us.
29.8 Cakes & Muffin House will not be held responsible for delivery delays beyond our reasonable control, for example: strike action, 3rd party delays, traffic or weather constraints and therefore will not accept liability for late delivery under these circumstances.
We offer you the option to pick up your order from our store at no extra cost. You are able to select this option on checkout and will be notified when your cake will be ready for collection.
Warranties, Disclaimers and Limitation of Liability
31.1 We do not guarantee that all goods featured on this website will always be available.
31.2 We cannot guarantee that an Order will be delivered on the delivery date/within the time you have selected but we will do their best to ensure that the Order is delivered on time.
31.3 Photographs sent to Cakes & Muffin House may vary slightly from the actual cake. We do not guarantee that the Cake that is delivered to the Recipient will be identical to the Cake in the photograph. We however do our best to ensure customer satisfaction.
31.4 Cakes & Muffin House does not take responsibility for wrong orders made by the buyer
Hiring of Equipment
32.1 The hiring of equipment, including but not limited to cake stands, will require a hire charge plus a deposit. It is the responsibility of the hirer to return the equipment to one of Cakes & Muffin House’s cake shops as agreed on the equipment hire contracts.
32.2 The deposit will only be refunded once the equipment is returned to our address and inspected for damage or breakage by Cakes & Muffin House.
32.3 Any damage, breakage or loss to any of our equipment hired for your event will be charged at the full replacement value.
32.4 The hired equipment shall be returned to our address as per the contract.
32.5 Note that Cakes & Muffin House will charge extra fees for delays in equipment return
Receipt of Correct Products
Please ensure that when receiving your order, you check the label of the box or receipt to ensure that it is the correct product which you have ordered, as no exchanges will take place.
Cakes & Muffin House reserves the right to make price changes without prior notice, but guarantee that no price increase will apply to any confirmed paid orders made by a customer for collection on a date after which a price increase has been made.
We work hard at Cakes & Muffin House to ensure your complete satisfaction with our products. If you are not entirely satisfied with your purchase or the standard of our service you should first speak to us via the “Contact us” page on our website or send a mail to firstname.lastname@example.org
We will endeavor to give all complaints our urgent attention.