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Invoice Terms and Conditions

BACKGROUND:

 

            These Terms and Conditions together with any and all other documents referred to herein, set out the terms under which you may use this website and Goods are sold by Us to customers through this website, www.doriccakecrafts.co.uk (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Conditions when signing up for an Account.  If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to set up an account or order Goods through Our Site.  These Terms and Conditions, as well as any and all Contracts are in the English language only.

 

  1. Definitions and Interpretation

1.1            In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 16;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Contract”

means a contract for the purchase and sale of Goods, as explained in Clause 6;

“Goods”

means the goods sold by Us through Our Site;

“Order”

means your order for Goods;

“Order Confirmation”

means Our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to, your name, delivery address, telephone number, email address; and order history

“We/Us/Our”

means Doric Cake Crafts Limited, a limited company registered in England under Company Number 10291375, whose registered address is The Copper Room Deva Centre, Trinity Way, Manchester, United Kingdom, M3 7BG and whose main trading address is of Webber Court, Unit 1 Block B, Billington Road Industrial Estate, Burnley, Lancashire, BB11 5UB.

 


  1. Information About Us

2.1            Our Site, www.doriccakecrafts.co.uk, is owned and operated by Doric Cake Crafts Limited, a limited company registered in England under 10291375, whose registered address is The Copper Room Deva Centre, Trinity Way, Manchester, United Kingdom, M3 7BG and whose main trading address isWebber Court, Unit 1 Block B, Billington Road Industrial Estate, Burnley, Lancashire, BB11 5UB. Our VAT number is 251 920 715.

 

  1. Access to and Use of Our Site

3.1            Access to Our Site is free of charge.

3.2            It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3            Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4            Use of Our Site is subject to these Terms and Conditions.  Please ensure that you have read them carefully and that you understand them.

 

  1. Business Customers and Consumers

4.1            These Terms and Conditions constitute the entire agreement between Us and you with respect to your purchase of Goods from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

  1. Goods, Pricing and Availability

5.1        We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:

5.1.1      Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;

5.1.2      Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

5.2        Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 9 if you receive incorrect Goods (i.e. Goods that are not as described).

5.3        Where appropriate, you may be required to select the required size, weight, colour and quantity of the Goods that you are purchasing.

 

 

5.4            We cannot guarantee that Goods will always be available.  Stock indications are provided on Our Site, however when you place your order we will contact you to confirm availability.

5.5            Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

5.6            We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 5.9 regarding VAT, however).

5.7            All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you to inform you of the change.  If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 24 hours, We will treat your Order as cancelled and notify you of this in writing.

5.8            In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

5.9            Prices on Our Site are shown both exclusive of and inclusive of VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

5.10        Delivery charges are not included in the price of Goods displayed on Our Site.  For more information on delivery charges, please refer to Delivery Prices shown on our website.  Delivery options and related charges will be presented to you as part of the order process.

 

  1. Orders – How Contracts Are Formed

6.1            Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

6.2            If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

6.3            No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

6.4            Order Confirmations shall contain the following information:

6.4.1      Your Order Number;

6.4.2      Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

6.4.3      Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

6.4.4      Shipment date(s);

6.5            We will also include a paper copy of the Order Confirmation with your Goods.

6.6            In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will contact you to explain why.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you or your account as soon as possible.

6.7            Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.

 

  1. Payment

7.1            Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Goods.

7.2            Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

7.3            We accept the following methods of payment on Our Site:

7.3.1      SagePay;

7.3.2      Cheque;

7.3.3      Bank Transfer;

 

  1. Delivery, Risk and Ownership

8.1            All Goods purchased through Our Site will normally be delivered within 3 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 11).

8.2            If We are unable to deliver the Goods on the delivery date, the following will apply:

8.2.1      If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;

8.2.2      If you do not collect the Goods or rearrange delivery within 3 delivery attempts, We will contact you to ask you how you wish to proceed.  If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also bill you for any reasonable additional cost that We incur in recovering the Goods.

8.3            Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.

8.4            Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).

8.5            Responsibility for (the risk in) the Goods will pass to you when delivery is complete, as defined in sub-Clause 8.3 orwhen ownership of the Goods passes to you, as defined in sub-Clause 8.4.

8.6            Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

8.7            All monies retention of title; Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and / or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer.

8.8            Right to offset; In the event of non-payment of invoices, whether by reason of insolvency of the buyer or other, the seller reserves the right to offset the monies owed by the buyer to the seller, from any corresponding balances owed to the buyer from the seller, in relation to goods or services supplied by the buyer to the seller under any contract whatsoever.

 

  1. Faulty, Damaged or Incorrect Goods

9.1            We warrant that the Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.

9.2            If any Goods you have purchased do not comply, subject to sub-Clause 9.3 and your compliance with sub-Clauses 9.2.1 to 9.2.3, We shall replace them, or issue you with a full refund for the price of the affected Goods.  The following conditions shall apply:

9.2.1      You must notify Us of the non-compliance within 24 hours of discovering it;

9.2.2      You must return the Goods in question to Us at Our expense (see sub-Clause 9.6 for more information); and

9.2.3      You must give Us a reasonable opportunity to examine the Goods in question.

9.3            We will not be liable for any non-compliance with the provisions of sub-Clause 9.1 of any Goods if any of the following apply:

9.3.1      You have made any further use of the affected Goods after notifying Us of the non-compliance under sub-Clause 9.2.1;

9.3.2      The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;

9.3.3      The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;

9.3.4      You have made any unauthorised alterations or repairs to the affected Goods; or

9.3.5      The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.

9.4            The terms of this Clause 9 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 9.2.

9.5            Except as provided in this Clause 9, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 9.1.

9.6            To return Goods to Us for any reason under this Clause 9, please contact Us on 01282 420133 to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse you where appropriate.

9.7            Refunds (whether full or partial) under this Clause 9 will be issued as soon as possible from the day on which We agree that you are entitled to the refund.

9.8            Any and all refunds issued under this Clause 9 will include all delivery costs paid by you when the Goods were originally purchased.

9.9            Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

 

  1. Our Liability

10.1        Subject to sub-Clause 10.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

10.2        Except to the extent expressly set out in sub-Clause 9.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

10.3        Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

  1. Events Outside of Our Control (Force Majeure)

11.1        We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

11.2        If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

11.2.1   We will inform you as soon as is reasonably possible;

11.2.2   We will take all reasonable steps to minimise the delay;

11.2.3   To the extent that We cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

11.2.4   We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

11.2.5   If the event outside of Our control continues for more than 4 weeks We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

11.2.6   If an event outside of Our control occurs and you wish to cancel the Contract as a result, please contact Us directly to cancel, please use the following details:

Telephone: 01282 420 133;

Email: info@doriccakecrafts.co.uk;

Post: Doric Cake Crafts, Webber Court, Unit 1 Block B, Billington Road Industrial Estate, Burnley, Lancashire.  BB11 5UB

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible from the date on which the Contract is cancelled and will normally be credited to your account with us unless you specifically request that We make a refund using a different method.

 

  1. Communication and Contact Details

12.1        If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01282 420 133 by email at info@doriccakecrafts.co.uk, or by post at Doric Cake Crafts, Webber Court, Unit 1 Block B, Billington Road Industrial Estate, Burnley, Lancashire.  BB11 5UB.

12.2        For matters relating the Goods or your Order, please contact Us by telephone at 01282 420 133, by email at info@doriccakecrafts.co.uk, or by post at : Doric Cake Crafts, Webber Court, Unit 1 Block B, Billington Road Industrial Estate, Burnley, Lancashire.  BB11 5UB.

12.3        For matters relating to cancellations, please contact Us by telephone at 01282 420 133, by email at info@doriccakecrafts.co.uk, by post at: Doric Cake Crafts, Webber Court, Unit 1 Block B, Billington Road Industrial Estate, Burnley, Lancashire.  BB11 5UB, or refer to the relevant Clauses above.

 

  1. Complaints and Feedback

13.1        We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

13.2        If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:

13.2.1   In writing, addressed to info@doriccakecrafts.co.uk, : Doric Cake Crafts, Webber Court, Unit 1 Block B, Billington Road Industrial Estate, Burnley, Lancashire.  BB11 5UB;

13.2.2   By email, at info@doriccakecrafts.co.uk

13.2.3   By contacting Us by telephone on 01282 420 133.

 

  1. How We Use Your Personal Information (Data Protection)

14.1    All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

14.2    We may use your personal information to:

14.2.1   Provide Our Goods and services to you;

14.2.2   Process your Order (including payment) for the Goods; and

14.2.3   Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.

14.3            In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

14.4            We will not pass on your personal information to any third parties.

 

  1. Other Important Terms

15.1        We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

15.2        You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.  .

15.3        The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

15.4        If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

15.5        No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

15.6        We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges).  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible from the date on which the Contract is cancelled and will normally be credited to your account with us unless you specifically request that We make a refund using a different method.

 

  1. Accounts

16.1        Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.

16.2        When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

16.3        We recommend that you choose a strong password for your Account..  It is your responsibility to keep your password safe.  If you believe your Account is being used without your permission, please contact Us immediately at info@doriccakecrafts.co.uk.  We will not be liable for any unauthorised use of your Account.

16.4        You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

16.5        Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 14.

16.6        If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access

 

  1. Intellectual Property Rights

17.1        AllContent included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

17.2        Subject to sub-Clauses 17.3 and 17.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

17.3        You may:

17.3.1   Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

17.3.2   Download Our Site (or any part of it) for caching;

17.3.3   Print one copy of any page from Our Site;

17.3.4   Download extracts from pages on Our Site; and

17.3.5   Save pages from Our Site for later and/or offline viewing.

17.4        Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

17.5        You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

17.6        Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1. Links to Our Site

18.1        You may link to Our Site provided that:

18.1.1   you do so in a fair and legal manner;

18.1.2   you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

18.1.3   you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

18.1.4   you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

18.2        You may link to any page of Our Site.

18.3        Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at info@doriccakecrafts.co.uk for further information.

18.4        You may not link to Our Site from any other site the main content of which contains material that:

18.4.1   is sexually explicit;

18.4.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

18.4.3   promotes violence;

18.4.4   promotes or assists in any form of unlawful activity;

18.4.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

18.4.6   is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

18.4.7   is calculated or is otherwise likely to deceive another person;

18.4.8   is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

18.4.9   misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 18.4);

18.4.10 implies any form of affiliation with Us where none exists;

18.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

18.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

18.5        The content restrictions in sub-Clause 18.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 18.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

  1. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Liability and Disclaimers

20.1        Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

20.2        Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

20.3        We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  .

20.4        To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

20.5        If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

20.6        If you are a consumer user, if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

20.7        We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

20.8        Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law..

 

  1. Viruses, Malware and Security

21.1        We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

21.2        You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

21.3        You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

21.4        You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

21.5        You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

21.6        By breaching the provisions of sub-Clauses 22.3 to 22.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Usage Policy

22.1        You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 22.  Specifically:

22.1.1   you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

22.1.2   you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

22.1.3   you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

22.1.4   you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

22.2        When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

22.2.1   is sexually explicit;

22.2.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

22.2.3   promotes violence;

22.2.4   promotes or assists in any form of unlawful activity;

22.2.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

22.2.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

22.2.7   is calculated or is otherwise likely to deceive;

22.2.8   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

22.2.9   misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 22.2);

22.2.10 implies any form of affiliation with Us where none exists;

22.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

22.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

22.3        We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 22 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

22.3.1   suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

22.3.2   remove any User Content submitted by you that violates this Acceptable Usage Policy;

22.3.3   issue you with a written warning;

22.3.4   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

22.3.5   take further legal action against you as appropriate;

22.3.6   disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

22.3.7   any other actions which We deem reasonably appropriate (and lawful).

22.4        We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

  1. Privacy and Cookies

Use of Our Site is also governed by Our Privacy and Cookie Policy, available on our Website, www.doriccakecrafts.co.uk. These policies are incorporated into these Terms and Conditions by this reference.

 

24.       Law and Jurisdiction

24.1     These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

24.2     If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

24.3     If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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