This document governs your relationship with Cakeaway (“Website”) (“Takeaway”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Cakeaway will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
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 this Website or to your downloading of any material posted on it, or on any website linked to it.
Refunds & Charge-backs
Online payments made through Cakeaway are handled by Datman LTD. Payments made through Datman LTD will appear on your statement as ‘takeaway.je’. For refunds, charge-backs or disputes for online paid orders, please contact us on the details mention below.If an unrecognised transaction appears on your card / statement from Datman LTD, please contact us on the follow details:
Datman LTD, Email: firstname.lastname@example.org, Website: http://datman.je, Address: Nerine House, PO Box 434, St George’s Place, St Peter Port, Guernsey, GY1 3ZG – Tel: 01534876163
If you are unhappy with the quality of any Products or the service provided by Cakeaway and wish to seek any form of compensation, you should contact Cakeaway directly to raise your complaint and, where appropriate, follow the Cakeaway own complaint procedures. If you are unable to contact the Cakeaway, or the Cakeaway refuses to deal with your complaint, you can contact our Customer Support Team on 01782 444 282 within 48 hours of placing your Order and one of our Customer Support Members will attempt to contact the Cakeaway in order to request compensation on your behalf. Please note that we have no control over Cakeaway and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Cakeaway.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Cakeaway or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Cakeaway and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Cakeaway you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Cakeaway retains the right to refuse any request made by you. If your order is accepted we will inform you by email and or a the website. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
If you are unsatisfied with the goods received and or service, please contact Cakeaway (“http://cakeawaymanchesteronline.co.uk”).
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail and or webpage confirming receipt of your order: this email and or webpage will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund from Cakeaway. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
All online card payments are made to Datman LTD. Payments made to Datman LTD will appear on your statement as ‘takeaway.je’. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a full payment against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email or notification on the website, the monies paid shall be used for the value of goods you have purchased as listed.
Our Customer Support team will attempt to assist you where possible regarding your order. You can contact the Customer Support team by clicking “Contact Us” on our website and submitting your request via the provided Contact Form, or selecting “Live Chat” where available on our mobile application or website (Live Chat is only avaliable on the takeaway’s webpage during their respective service timings).
For more information regarding the approximate delivery time of your order, or should you encounter an issue with the order delivered, please contact our Customer Support team by clicking “Contact Us” on our website and submitting your request via the provided Contact Form, or selecting “Live Chat” where available on our mobile application or website (Live Chat is only avaliable on the takeaway’s webpage during their respective service timings). Our team will attempt to contact the Takeaway on your behalf and attempt to resolve your enquiry.
Order cancellation and amendments
Once the order has been placed and payment taken from your account, you will be unable to cancel your order and will not be eligible for a refund. To change or cancel your order please contact our Customer Support team to attempt to resolve your request. We will contact the Takeaway on your behalf, but we can not guarantee your request will be accepted as food processing may already be underway.
If the order received does not meet your expectation you can provide feedback to the Takeaway via the feedback page on the respective takeaway’s website. Feedback submitted will be reviewed and displayed on the respective takeaway’s page, subject to the Customer Support team’s discretion.
If the quality of the products or service provided by the Takeaway does not meet your expectation, you should contact the Takeaway directly and flow their respective complaints procedure. For further queries regarding your complaint please contact the Takeaway directly. In rare cases where you are unable to contact the Takeaway, you should contact our Customer Support team within 72 hours of placing the order. Our Customer Support team will attempt to liaise with the Takeaway to resolve your request. Quality of the products and service provided by the Takeaway our outside of our control and as such we can not guarantee the quality of product or service received.We can not issue compensation on behalf of the Takeaway.
Times given for Collection and Delivery are only approximate, neither we or the Takeaway can provide an exact time for delivery but endeavor to deliver your within the approximate time. Each takeaway has an approximate delivery time on their page.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Cakeaway and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Cakeaway’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Cakeaway and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Cakeaway.
You agree to indemnify, defend and hold harmless Cakeaway, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Cakeaway shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Cakeaway. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of http://cakeawaymanchesteronline.co.uk.
Address: 244, Fog Lane, Didsbury, Manchester, M20 6EL – Tel: 01614450800
DATMAN LTD, Company Number 55524. Registered in Guernsey.
Email: email@example.com, Website: http://datman.je, Address: Nerine House, PO Box 434, St George’s Place, St Peter Port, Guernsey, GY1 3ZG – Tel: 01534876163