Terms of service

OVERVIEW
This website is operated by CakeDrop. Throughout the site, the terms “we”, “us” and “our” refer to CakeDrop. CakeDrop offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

FOOD SAFETY

CakeDrop is a registered food business with Lambeth Council and has achieved a Food Hygiene Rating 5. 

Please read the ingredients and allergen information on our website product pages before purchasing, and included with your delivery before consumption.

Due to cross-contamination in multi-ingredient kitchens, CakeDrop cannot guarantee that any of the products will be free of allergens. If you have any concerns regarding allergies or intolerances, please contact us prior to placing an order.

We do not guarantee that all treats will be fit for consumption after the date of delivery. It is your responsibility to store and consume treats responsibly.

In the event that CakeDrop is found to be liable to you our total aggregate liability is limited to the purchase price of your order. This does not include or limit in any way CakeDrop’s liability for any matter for which it would be illegal for us or it to exclude.

PRODUCTS

We have made every effort to display as accurately as possible the colours, designs and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. Due to the nature of food and food design, there may be some aesthetic differences between the products displayed on the website and the products you receive.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

SHIPPING & DELIVERY

CakeDrop offers a range of treats that are available for nationwide delivery by post (‘postal treats’). Due to their delicate nature, other treats within our range are available for London delivery only and are delivered by courier (‘couriered treats’). Please read the product descriptions carefully before purchasing.

The product prices displayed on our website product pages may or may not include delivery. Please read the product descriptions carefully before purchasing.

Deliveries further afield, including international deliveries, must be arranged directly with us, whereupon a revised price will be offered if we feel we are able to fulfil your request.

Delivery of postal treats will be made by APC and dispatched in line with your preferred delivery date. We use APC’s various delivery services which aim to deliver within set time frames however these time frames are not guaranteed. Unexpected changes to mail volumes, transport disruptions and operating issues mean that sometimes your delivery may fall outside these time frames. We are not responsible for any delay in delivery arising from a cause outside our control.

Deliveries by courier will be made by one of our courier partners and instructed for delivery between 9am-3pm on your specified delivery day. Unfortunately factors outside our control, such as traffic conditions, may cause delays. We are not responsible for any delay in delivery arising from a cause outside our control. If you have not received your couriered treats by 3pm on the specified date, please get in contact with us ASAP.

If you change delivery address, you must let us know by contacting hello@cakedrop.london with at least 7 days notice.  We are not liable for any deliveries made to the wrong address arising from your failure to input the correct address or to notify us of your change of address.

In the case of deliveries to an office address, treats will be delivered to the office reception unless otherwise agreed. It is your responsibility to provide accurate delivery instructions and to ensure someone is available to accept the delivery. If no one is available to accept the delivery or we are denied entry to the building, we reserve the right to leave the premises. In this case, we cannot guarantee redelivery and will not be able to provide a refund. 

Please let us know immediately if treats arrive damaged to a greater extent than could be reasonably expected in the course of transit. If in agreement, we will arrange the exchange or refund for the affected product(s).

ORDERING & CANCELLATION

The following terms around Ordering & Cancellation are our standard terms that apply to purchases made on our website. You may be subject to additional or conflicting terms if you have entered into a bespoke agreement for the provision of CakeDrop products and services. Any bespoke agreement forms a separate contract between CakeDrop and the Customer. In the case of conflicting terms, the terms of the bespoke contract will prevail.

Once you have purchased via the website or confirmed your order via email, you will be unable to cancel your order. We will always do our best to re-schedule or amend your order to suit a change in circumstance, but you will be liable for payment.

We reserve the right to cancel your order for any reason and at any time. In this case, you will be offered a refund. 

PAYMENTS

Payments are handled by our payment bureau Stripe Inc. By signing up to pay through Stripe Inc, you are also agreeing to their Terms and Conditions available to view at https://stripe.com/gb/privacy

If you purchase via our website, we take payment on the day of purchase.

If you order via email, you will be invoiced with upfront payment terms unless otherwise agreed. 

The product prices on our website exclude VAT, unless otherwise specified on the product page. Please read the product descriptions carefully before purchasing.

ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

AUTOMATED GIFTING

If you are subscribed to an automated gifting plan, you will be subject to the following bespoke terms in addition to our general T&Cs. If any of the bespoke terms contradict our general terms, the below terms will prevail in relation to your corporate gifting plan. 

Automated Corporate Gifting Billing

You are billed on the 25th day of each calendar month for the following calendar month’s gifts. 

Should your payment fail, we reserve the right to pause your plan until payment has been made. In the case that your plan is paused, we will cease to dispatch gifts to your employees. In the case that there has been two consecutive failed payments, we reserve the right to cancel your plan. 

Accuracy of Information

CakeDrop only has access to the information you provide to us. You are responsible for the accuracy of information you provide to us, directly or via integration with your HR system. This includes but is not limited to employee names, dates of birth, employment start dates, addresses and dietary requirements, as well as customisations such as gift note messages, logos and artwork. We cannot offer refunds or exchanges in the case of errors caused by inaccurate information provided to us.

Information Updates

If you have integrated CakeDrop with your HR system, we will be notified of any updates to employee information that is relevant to your plan within 24 hours of the update in your HR system. This includes employee names, employee dates of birth, employee start dates, employee addresses and employee dietary requirements.

New employees will be automatically added to your plan. You are required to deselect any new employees you do not wish to be included in your plan. This can be managed via your online account.

Updates made to employee information after the 25th day of the month which affect employees due to receive gifts in the following month may not be adjusted in time for gift processing and dispatch. Please contact us should there be any changes after the 25th day of the month which affect employees due to receive gifts in the following month. For example, if an employee joins your company on 26th March and their birthday is on 6th April, please email us to let us know of this new employee that you wish to be included in the plan. As a further example, if an employee updates their address on 1st April and their work anniversary is on 10th April, please email us to let us know there has been an address change for this employee.

Allergens

We provide options for employees with Vegan or Gluten Free dietary requirements. We do not have an option for employees that have both a Vegan and Gluten Free dietary requirement. All of our products are made in a kitchen that handles nuts. 

Allergen information for every gift is provided on our website and included in the box for the recipient’s reference. For reference, the products available for automated gifting are Brownie Bites, Brownie Box, Cookie Box, Birthday Biscuit, Trophy Biscuit, Coffee Cup Biscuit, Shooting Star Biscuit, Speech Bubble Biscuit, Heart Biscuit, Candy Box.

If you have integrated CakeDrop with your HR system, your employees’ dietary requirements will be pulled through so long as this information exists in the correct field in your HR system and CakeDrop has been given access to this field during integration. In this case we will send a Vegan or Gluten Free alternative to those that require it. Our team can assist you with integrating your HR system so that dietary information is accessible to us. It is your responsibility to check dietary requirements have been pulled through after integration and notify us if there are any issues. 

If you are unsure whether your integration has been has been correctly set up, please contact us on hello@cakedrop.london

It is your responsibility to ensure dietary information exists within your system, this information is accurate and up to date, and the information in this field is consistent with the key terms listed in the table below:

Dietary terms listed in HR system	Dietary option dispatched
No terms listed / terms listed that are not consistent with any in the rows below	Regular
‘vegan’ ‘no dairy’ ‘dairy free’ ‘dairy allergy’ ‘dairy intolerant’ ‘lactose intolerant’ ‘lactose free’ ‘no lactose’ ‘no eggs’ ‘egg free’ ‘eggless’	Vegan
‘gluten free’ ‘no gluten’ ‘gluten intolerant’ ‘GF’ ‘celiac’ ‘coeliac’ ‘gluten sensitive’ ‘gluten allergy’ ‘wheat free’ ‘wheat allergy’ ‘allergic to wheat’ ‘allergic to gluten’	Gluten free

Cancellation

If you cancel your plan before the 25th day of the month, your plan will end on the last day of that calendar month. If you cancel your plan between the 25th of the month and the last day of the month, your plan will end on the last calendar day of the following month and you will be billed for this month. 

Delivery

We can only deliver to addresses in the UK. Non-UK employees will be excluded from your plan.

We endeavour that gifts reach your employees on the exact date of their birthday ro work anniversary, depending on your plan. We dispatch gifts the day before the intended date of delivery on a next day delivery service to achieve this. If the exact date falls on a Sunday or Bank Holiday, we dispatch a day early with the intention that gifts reach your employees the day before. Despite our best efforts and due to factors outside our control such as local delivery issues, gifts may occasionally arrive after the intended date. 

Customisation

The customisation options you choose for your plan (such as logos, postcard artwork and custom messages) will be used for the entirety of your plan unless otherwise requested. If you wish to amend these customisations, we reserve the right to charge a reasonable admin fee. This will be no more than £25. 

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.

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.

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
If, at our request, you send certain specific submissions (for example contest entries) or 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

ERRORS, INACCURACIES AND OMISSIONS
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). 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.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless CakeDrop and our parent, 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.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@cakdrop.london

Our address is: CakeDrop Limited, Unit 7 Empire Arches, 1 Watts Mews, London, SW16 6AA