NICE GROUP LONDON LTD TERMS & CONDITIONS
Nice Group London Ltd is referred to in these terms and conditions as “we” “us” or “our”. Registered office: Unit 8 Childs Court Farm, Ashampstead Common, Berks, RG8 8QT Company Number: 7595697 Email address: firstname.lastname@example.org UK VAT number: GB112927641 Telephone no: 0844 8003438 (+44 1635203884)
IMPORTANT LEGAL NOTICE: This website is operated and managed by Nice Group London Limited trading as Nice Cakes (the “Company”). These Terms and Conditions (the “Terms”) relate to the supply of any of the services (“Services”) and/or products (“Products”) listed on our website www.nicecakes.co.uk (the “Website”) to you. The Terms apply to the entire contents of the Website and to any correspondence by email between the Company and you.
Please read the Terms carefully and make sure that you understand them before using the Website to use any services and/or order any Product(s). Your use of the Website indicates your unconditional agreement that you accept (and agree to be bound by) the Terms in effect at the time of usage regardless of whether or not you choose to register with the Website. If you do not accept the Terms, you should not use the Website.
You should print a copy of the Terms for future reference.
Please understand that if you refuse to accept the Terms, you will not be able to order any Products from the Website.
- 1.1 Any reference in the Terms to “we” or “us” or “our” is a reference to the Company and any reference to “you” or “your” is a reference to any user of the Website and, where relevant, the recipient of any Product or Service from the Website as defined hereunder.
- 1.2 The services (“Services”) available via the Website and other mobile applications (such as iPhone apps) shall include, without limit:
- 1.2.1 an online address book detailing names, addresses, date of birth etc. (compiled from information provided by you);
- 1.2.2 the online purchasing of certain Products; and
- 1.2.3 certain prize draws and competitions.
- 1.3 The products (“Products”) available via the Website shall include, without limit:
- 1.3.1 personalised cakes, cupcakes
- 1.3.2 You may access some areas of the Website without registering your details with us. Certain areas of the Website are only accessible if you register.
- 1.4 If you access the Services and/or Products via a mobile application you acknowledge that content from third party websites may be viewable via iFrame (video format) technology.
- 1.5 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept the Terms in full, you must leave the Website immediately.
- 1.6 We may alter all or any part of the Terms (including without limit the Products and Services which are available from the Website) at any time without notice to you. These Terms should be reviewed by you on a regular basis as your continued use of the Website after any alterations are made by us will mean that you are deemed to accept the Terms as modified by the relevant alterations made.
2 YOUR STATUS
- 2.1 By placing an order through our site, you warrant that:
- (a) you are legally capable of entering into binding contracts;
- (b) you are at least 18 years old;
- (c) you are resident in one of the Serviced Countries; and
- (d) you are accessing our site from that country.
3 THE CONTRACT BETWEEN US
- 3.1 When you (the customer) purchase any items through our website you will be contracting with Nice Group London Ltd, a limited liability company incorporated in England and Wales under company number 7595697, which owns and runs the website www.nicecakes.co.uk
- 3.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation. Please note that we reserve the right to stop your order – even after sending the Despatch Confirmation - if we have reasonable grounds to believe that your order is fraudulent. If this is the case, then we will notify you in writing.
- 3.3 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
- 3.4 Prices charged to UK customers as identified on the Website are inclusive of any applicable VAT, duties and any other local taxes.
- 4.1 Subject to paragraph 4.2 of these Terms in relation to cakes only, your order will be despatched on the date indicated in the Despatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances.
- 4.2 In relation to any order for cakes, your order will be delivered on the date indicated in the Despatch Confirmation. Please refer to paragraph 11 of these Terms for more information on flower orders.
- 5.1 In order to provide the Services and Products available through the Website, we will hold certain personal information relating to you. We have obligations in relation to your personal information under the Data Protection Act 1998.
- 5.2 By providing personal information, you agree to us using this information for the operation of the Website and the provision of the Services and the Products to you.
- 5.3 Where you provide information about other people (for example their name, date of birth or address) you also warrant that you have the consent of these people to provide us with that information.
- 5.4 Any personal information that we collect from you will be used solely for the purposes of operating the Website and providing the Services and Products to you.
- 5.5 The personal information that you provide is securely stored within the Website and all personal information transmissions that provide payment or account details are encrypted.
- 5.6 We will not disclose your information to any outside organisation except as part of the operation of the Website and/or the provision of the Services and Products to you or where we are legally obliged to do so.
- 5.7 The accuracy of your personal information is dependent upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
- 5.8 We reserve the right from time to time to notify you (via SMS, email and post) of other products and services or invite you to events that may be of interest to you. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further information notices. We are entitled to notify you in relation to the balance of your prepay account or any transaction that you have commenced but not completed on the Website even if you have “opted-out” of information notices.
- 5.9 Cookies – in order to improve the service offered to you, technology may be used to track the patterns of behaviour of visitors to the site and to help personalise the content displayed to each user. This can include using “cookies” which will be stored on your browser. The retention period is one day. Cookies currently being used are: - Cookie Name: UserName, Details : User email address and Cookie Name : UserWords, Details : Spell Checker library is using
6 INTELLECTUAL PROPERTY RIGHTS
- 6.1 You are permitted to print off, and may download extracts, of any page(s) from the Website for your own personal use only and subject to the following conditions:
- 6.1.1 no document(s) or related graphic(s) on the Website are modified in any way;
- 6.1.2 no graphic(s) on the Website is used separately from the corresponding text; and
- 6.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
- 6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors and any use of extracts from the Website other than in accordance with clause
- 6.1 for any purpose is prohibited. Where you breach any part of the Terms, your permission to use the Website shall automatically terminate and you must immediately destroy any extracts you have downloaded from the Website.
- 6.2.1 With Photo upload the original photographer of the image, or any such other third party image as used by the customer, will remain the copyright of the customer. It is the customer responsibility to ensure that any image used but not owned by the customer has the permission of the owner to use the image. The Company will not be held responsible for any copyright infringement by the customer.
- 6.3 Subject to clause 6.1, 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.
- 6.4 Any rights not expressly granted in these Terms are reserved for the sole and exclusive benefit of the Company.
7 WEBSITE ACCESS & AVAILABILITY
- 7.1 Access to and use of the Website shall be provided by us in accordance with the Terms.
- 7.2 We shall endeavour to ensure that access to and use of the Website is available 24 hours a day however access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.
8 WEBSITE VISITOR MATERIAL & CONDUCT
- 8.2 We will not be responsible for, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
- 8.3 You are prohibited from posting or transmitting to or from the Website any material:
- 8.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- 8.3.2 for which you have not obtained all necessary licences and/or approvals;
- 8.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- 8.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).
- 8.3.5 You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person’s use and enjoyment of the Website or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
- 8.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
- 8.5 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us.
- 8.6 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or clause 8.3.
9 HYPERLINKS TO THIRD PARTY WEBSITES
- 9.1 The Website may include hyperlinks to third party websites which are provided solely for your information and convenience and which, if used by you shall result in you leaving the Website. If you decide to access any third party website(s) with hyperlinks on the Website, you do so entirely at your own risk.
- 9.2 We do not review any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including without limitation their content or availability (including any loss or damage that may arise from your use of them). We therefore do not endorse or make any representations about third party websites, any material found on them or any results that may be obtained from using them.
10 WEBSITE REGISTRATION
- 10.1 The Website will require you to register your personal details. In order to register with the Website, you must be over eighteen (18) years of age.
- 10.2 After registering, you will be given immediate access to register your personal reminders which is provided as part of the Services. If you wish to return to your reminders at any time to make an alteration or to add more reminders, you will be asked to enter your email address and password.
- 10.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network.
- 10.4 Responsibility for the security of any password(s) issued by us rests solely with you.
- 10.5 You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
- 11.1 Please note that due to the handmade nature of our cakes the products may vary from item to item.
- 11.2 Please note we are unable to deliver cakes overseas
- 11.3 Please note we are unable to deliver cakes to the following UK postcode areas: AB37-AB38, AB44- AB45, AB53-AB56, CA18-CA27, HS1-HS9, IM, IV30-IV32, IV36, IV40-V56, IV7, IV9- IV12, KA27-KA28, KW, LA15-LA23, PA20, PA21-PA38, PA41, PA42-PA49, PA60, PA61-A78, PA80-PA88, PH17- PH26, PH30-PH50, TR21-TR25, ZE, JE, BT45, TD, PO30-PO41,BT71, DN15-N16, EX10
- 11.4 We are unable to offer refunds for cakes once ordered as this is a personalised Product (please refer to14.1).
- 11.5 Where personalisation includes upload photographs or images, please refer to section 8 above)
- 12.1 We shall endeavour to ensure that description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary to the actual Product provided and, for the avoidance of doubt, shall not form part of any contract with us.
- 12.2 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive of any applicable UK VAT but exclusive of all postage, handling and other delivery charges, which shall be shown separately when any Product(s) are being purchased from the Website.
- 12.3 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If price(s) of any Product displayed on the Website are incorrect, you will be contacted by us and given the option to either (a) cancel your order for the relevant Product only or (b) complete your order for the relevant Product at the correct price. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
- 12.4 We will endeavour to deliver all orders for Products within the timescale selected at the time of purchase. However we cannot be held responsible for postal delays once the Product(s) have been despatched by us for delivery.
- 12.5 Payment for all Products must be by credit or debit card at the point of order. We accept payment with Visa Debit & Credit Cards, Mastercard, Maestro, Switch and Paypal. We reserve the right to alter the list of acceptable payment cards at reasonable notice.
- 12.6 The Products will be your responsibility from the time of delivery.
- 12.7 Any Product(s) purchased from the Website which you consider defective must be returned to us at your own expense and within seven (7) days of receipt. In the event that the relevant defect is found to have been caused by us (as determined in our absolute discretion) we shall, in our sole discretion, either:
- 12.7.1 supply replacement Product(s) free of charge; or
- 12.7.2 reimburse the price paid for the relevant Product(s) to the credit or debit card used to purchase the goods [12.7.4. For the avoidance of doubt, we cannot be held responsible for Products which are damaged in transit.]
- 12.8 All complaints relating to any Products purchased from the Website should be made in writing within seven (7) days of receipt. We will endeavour to resolve any complaint within fourteen (14) days or receipt of a complaint letter but shall have no obligation to do so.
- 12.9 In the event that a Product is defective, or you believe that you are due a refund, please contact our Customer Services team on 0844 8003438 or by e-mail at email@example.com You will then be notified on your rights to a refund and / or replacement and instructed on the address to which to send any returned goods. Goods produced and supplied from the UK returned to; Returns, Nice Group London Ltd, Ashampstead Common, Berks, RG8 8QT
14. PERSONALISED PRODUCTS
- 14.1 We are unable to offer refunds on any personalised Products due to the personalisation element of the Product.
- 14.2 Please ensure that your personalisation options are correct at the time of ordering as we cannot be held responsible for common errors such as misspellings or punctuation errors.
- 14.3 Special characters and symbols may not be printed on your final order as many of the production machinery that we use cannot replicate these special characters. If you use these special characters we cannot be held responsible for the characters not being printed on your item.
- 17.1 Multi buy offering We may from time to time extend a “multi-buy” offering whereby a discount will be attributable when purchasing a specified number of cakes on the Website. Full terms on any such offering will always be set out on the appropriate webpage on the Website. We reserve the right to withdraw this offer at any time upon notice.
- 17.2 Refer a Friend We may from time to time extend a “refer a friend” promotion, whereby an existing customer’s account number may be used by a friend for the purposes of registration. Upon registration, the original customer may receive bonus credit into their Prepay account and the new customer may receive a discount on their first order. Full terms on any such offering will always be set out on the appropriate webpage on the Website. We reserve the right to withdraw this offer at any time upon notice.
19. CENSORED THEMED CAKES
- 19.1 In creating any censored-themed cake on the Website, you must comply with the requirements on paragraph 8 of these Terms (Website Visitor Material & Conduct).
20. LIMITATION OF LIABILITY
- 20.1 Subject always to clause 20.2, the Company, its officers, directors, employees, shareholders or agents and any other party involved in creating, producing, maintaining or delivering the Website hereby exclude all and any liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) that may result to you or to any third party in connection with the Website (including without limit the Services and the Products) in any way or in connection with the use, inability to use or the results of the use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
- 20.2 Nothing in these Terms shall exclude or limit our liability for any liability which cannot be excluded or limited under applicable law (including death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation).
- 20.3 In no event shall our total aggregate liability to you for all and any damages, losses, and causes of action (whether in contract, tort including, but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing the Website, purchasing and/or enjoying the Products or using the Services provided via the Website.
21. DISCLAIMER OF WARRANTIES
- 21.1 Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in Website, at any time and without notice. The material on the Website may be out of date, and we make no commitment to update such material.
22. WRITTEN COMMUNICATIONS
- 22.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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.
23 EVENTS OUTSIDE OUR CONTROL
- 23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control (Force Majeure Event)
- 23.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) strikes, lock-outs or other industrial action;
- (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (d) impossibility f the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) impossibility of the use of public or private telecommunications networks;
- (f) the acts, decrees, legislation, regulations or restrictions of any government; and
- (g) pandemic or epidemic.
- 23.3 Our performance under the Terms is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.
- 24.1 If we fail to insist upon strict performance of any of your obligations under the Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations
- 24.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
- 24.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
25. ENTIRE AGREEMENT
- 25.1 These Terms conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
- 25.2 We each acknowledge that, in entering into these Terms, neither of us relies on[, or will have any remedies in respect of,] any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
- 25.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- 25.4 Nothing in this clause limits or excludes any liability for fraud.
26. GOVERNING LAW & JURISDICTION
- 26.1 The Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
- 27.1 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub clauses of these Terms shall not be affected and they shall remain in full force and effect.
28. THIRD PARTY RIGHTS
- 28.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- All other communications should be provided to Nice Cakes Customer Services on:
- Tel: 0844 8003438
- Email: Sales@nicecakes.co.uk (V02.2012)