Retail Terms and Conditions

Terms and Conditions

CelCakes and CelCrafts is a registered company as CelCrafts Ltd but will here in after be referred to as CelCakes. Any reference to “we” or “us” or “our” is a reference to CelCakes and any reference of “you” or “your” is a reference to the consumer. Any reference to “our site” or “the site” is a reference to www.celcrafts.com.

All photographs taken by CelCakes which appear on this website are the property of CelCakes, who assert their ownership. These pictures may not be reproduced without the express permission of CelCakes. (see 23)

CelCakes Consumer Terms and Conditions

This page (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products listed on our website www.celcrafts.com. These conditions only apply if you are buying as a consumer. Any Trade customers are subject to alternatives terms that can be found separate to this document.

Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

1. Information about us
www.celcrafts.com is a site operated by CelCrafts Ltd. CelCrafts Ltd is registered in England and Wales under company number 7876288 and with our registered office 31 St Saviourgate, York, YO1 8NQ. Our main trading address is CelCrafts Ltd, Walbut Mill Farm, Thornton, York, YO42 4RH England. Our VAT number is 500960575.

2. Service availability
Our site is intended for use by people resident in the United Kingdom as well as internationally.

3. Your status
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into a binding contract;
3.2 you are at least 18 years old;

4. How the contract is formed between you and us
4.1
 After placing an order, in most cases, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not qualify as an acceptance of your order. Your order constitutes an offer to us to buy a product. All products are subject to availability and acceptance from us, we will confirm such acceptance to you by sending an email that confirms that we have accepted it, this will qualify as your Acceptance Confirmation. The contract between us will only be formed following receipt of the Acceptance Confirmation.
4.2 The contract will relate only to those products that are expressly confirmed within the Acceptance Confirmation. Further products should be made via an additional order, subject to an additional Acceptance Confirmation.
4.3 Any drawings, photographs, descriptions or advertising we issue via our site or any other medium are published to only provide an approximation of the products they describe. They do not provide any part of a contract between CelCrafts and any consumer.

5. Consumer Rights
5.1  If you are contracting as a consumer, you may cancel a contract as any time within seven (7) working days following receipt of your products. These seven days will begin the day after you receive your products and is subject to conditions within our refunds policy (clause 9).
5.2 To cancel a contract, you must inform us in writing, you must also return the product or products to us at your earliest convenience in the same condition you received them. This will be at your own cost and risk, you have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may take advantage of our right to bring action against you.

If you would like more information about your consumer rights contact your local Trading Standards department or Citizen’s Advice Brueau.

Availability and Delivery
6.1 Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified please allow 30 days from receipt of your acceptance confirmation for delivery of your items to be fulfilled.
6.2 Delivery will be made to the address specific on your order.
6.3 Order will be handles at the first opportunity and will leave by the appropriate despatch method providing further security checks are not required and all products are available.
6.4 No delivery will be made until agreed funds have been received.

7. Risk and Title
7.1 The products will be at your risk from the time of delivery.
7.2 Ownership of the products will only pass to you following receipt of full cleared payment of all sums due in respect to the products and including delivery costs.

8. Price and Payment
8.1 
The price of any products will be as quoted on our site (excluding cases of obvious error)
8.2 All prices displayed are inclusive of all applicable taxes and subject to delivery costs added at the “checkout” stage of the website.
8.2.1 Delivery prices quoted are for parcels weighing up to 2 kilos. We reserve the right to request further payment for orders above this weight. Settlement of all monies due must be paid before despatch.
8.3 Prices are liable to change at any time, but changes will not affect orders made prior to any change.
8.4 If a product is incorrectly priced, either higher or lower than the correct price, we are under no obligation to supply it to you at that price. If an error in pricing is brought to our attention we will endeavour to correct it and you will be contacted with appropriate pricing. You are under no obligation to make payment for any item incorrectly priced and we are under no obligation to provide it at that price.
8.5 Payments for all items are taken via paypal.com in accordance with PCI compliance legislation. This service also allows payment by credit/debit card. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo. We shall not despatch any products until we receive agreed funds. No payment will be deemed to have been receive util we have notification of them being cleared. Please be aware that if paypal is used as your payment method, we reserve the right not to ship to unconfirmed addresses.
8.6 All sensitive data, on orders received by post, fax or telephone will be treated in a responsible manner in accordance with current ta protection legislation to minimise the possibility of unauthorised access or disclosure. Authorisation for payment must be given at the time or order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or email. We reserve the right to charge and administration fee for rejected bank payments.

9. Our Refunds Policy
9.1 When you return a product to us:
9.1.1 Because you have cancelled your contract with us within the seven day cooling off period (see clause 5.1) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given us notice of the cancellation. In this case, we will refund the price of the product in full, excluding the cost of delivery. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss while in transit.
9.1.2 For any reason, inclusive of but not exclusive to a defective product, the products will be examined by us and should we determine that it is faulty or defective we will issue you with notification of intended repair or a refund or a replacement. This will be processed within 30 days or receipt of product(s). If you elect a refund we will issue a full refund of the costs of the faulty item and the postage costs incurred for the return of the goods.
9.1.3 Any refund of delivery costs is at our discretion and will only be fulfilled following receipt of a proof of delivery costs.
9.2 Any products purchased more than 6 months prior to notification of a defect will only be subject to a partial refund, calculated at our discretion and will be proportionate to the original sale price and the length of time in your possession. In these cases, no delivery costs will be refunded.
9.3 All refunds must be issued back to the method used. Only the card or paypal account used to make the original payment will be authorised to receive refunded payment.

10. Our Liability.
10.1 
We warrant to you that any product purchases from us through our site is of satisfactory quality and reasonably fir for all the purposes for which products of that kind are commonly supplies. This warranty does not apply to any defect in the product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
10.2 You accept that any products purchases which are listed as ex-display products, end of line, or uses stock (meaning they may have slight cosmetic defects) will be noted in the product description on the site.
10.3 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the products you purchased.
10.4 This does not include or limit in any way our liability:
10.4.2 for death or personal injury cause by our negligence;
10.4.2 under section 2(3) of the Consumer Protection Act 1987;
10.4.3 for fraud or fraudulent misrepresentation
10.4.4 for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us; or
10.4.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
10.5 we are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this contract by us that would entitle you to terminate the contract between us, including but not limited to :
10.5.1 loss of income or revenue;
10.5.2 loss of business;
10.5.3  loss of profits or contracts;
10.5.4 loss of anticipated savings
10.5.5 loss of data;
10.5.6 loss of data, or;
10.5.7 waste of management or office time however arising and whether caused by tort, including negligence, breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 10.5.1 to 10.5.6 inclusive of this clause 10.5.

11. Data Protection
11.1 Except as expressly set out in these terms and conditions, all use of your personal information will be treated with the strictest confidentiality.
11.2 For your security, when ordering from us over the internet we use paypal.com. Any data supplied in offline situations, will be handles responsibility in a secure manner in line with industry regulations.
11.3 By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We will not pass on your details to a third party unless we have your authority to do so or we are requires to do so in order to uphold the law.

12. Protecting your security
12.1 
All internet orders are process through paypal who do not forward any payment data to us. We will only be supplied with your name, address and e-mail address information.
12.2 All other information supplied is treated with the utmost discretion. By accepting these terms and conditions you consent to the holding of relevant information allowed by law in accordance with the Data Protection Act 1998.
12.3 During security checks we may ask for additional information or documentation to help support the data you have supplied.

13. Import Duty
13.1 If you order products from our site for delivery outside of the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties or taxes. Please note that we have no control over these charges and cannot predict the amount. Please contact your local customs office for further information before placing your order.
13.2 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 our website. For contractual purposes, you agree to this electronic means of communications 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 conditions does not affect your statutory rights.

15. Notice
All notices given by you to us must be given to CelCrafts Limited, Walbut Mill Farm, Thornton, York, YO42 4RH. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in case of a letter, that such letter was properly addressed, stamped and places in the post, and, in the case of an e-mail, that such was sent to the specified e-mail of the addressee.

16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and of our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, at any time during the term of the contract.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our obligations arisings under it, at any time during the term of the contract.

17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is cause by events outside out reasonable control (Force Majeure Event).
17.2 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:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transportation;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any contract 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 contract may be performed despite the force majeure event.

18. Waiver
18.1 If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitles under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly states to be a waiver and is communication to you in writing in accordance with clause 14.

19. Severability
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, conditions or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by the law.

20. Entire Agreement
We intent to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you as for any variations from these terms and conditions to be confirmed in writing.

21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at any time that you order products from us, unless any change to those policies or these terms and conditions is requires to be made by law or governmental authority, in which case it will apply to orders previously placed by you, or if we notify you of the change to those policies or these terms and conditions before we send you your acceptance confirmation, in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the products.

22. Law and Jurisdiction
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, will be governed by English Law. Any dispute or claim arising out of or in connection with such contracts or their formation, including non-contractual disputes or claims, shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

23. Intellectual Property
23.1 All Website design, text and graphics/ images in the ownership of CelCrafts belong to us. All copyright, trade marks and other intellectual property belong to us. Some images may belong to manufacturers or other resources (free or otherwise). Any images shown on our Website belonging to third parties, are covered by their own intellectual property rights.
23.2 You are not permitted to use the Website in any way which may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, re-utilise, re-transmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission, However, you are permitted to download and print any page from the Website for the sole purpose of viewing for your own personal information.

 

CelCrafts Ltd
Walbut Mill Farm
Thorton, Melbourne
York
YO10 4RH
VAT number 500 9605 75