Cake Hut: Terms Of Use
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone, or by our mobile applications, you agree to be bound by these Terms and Conditions.
Section 1: Introduction:
The domain name www.Cake-Hut.co.uk (hereinafter referred to as “Website”) is owned by Bake Wish Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at (ADD ADDRESS HERE) (hereinafter referred to as “Cake Hut”).
Section 2: Definitions:
2.1. “Agreement” is a reference to these Terms and Conditions, any order, form, and payment instructions provided to you;
2.2. “Privacy Policy” means the policy displayed on our Website, which details how we collect and store your personal data;
2.3. “You”, “your” and “yours” are references to you, the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Cake Hut
2.4. “We”, “us”, “our”, and ” Cake Hut ” are references to the Cake Hut;
2.5. “Goods”, “Items” is a reference to any goods which we may offer for sale from our Website from time to time;
2.6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
2.7. “Participating supplier” is a third party which has agreed to cooperate with us to prepare and/or deliver the Goods or Services.
2.8. “Food Delivery” is a reference to perishable goods and to any form of delivery service, which both are provided by our partners and for both of which our partners take full responsibility.
2.9. “Website” is a reference to our Website www.Cake-Hut.co.uk or our mobile applications on which we offer our Goods or Services.
Section 3: Ordering
3.1. Any contract for the supply of Food Delivery from this Website is between you and our Participating Suppliers; for the supply of Goods or Services from this website contract is between you and Cake Hut. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
3.2. Food Delivery, Goods, and Services purchased from this Website are intended for your use only, and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
3.3. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
3.4. When ordering from this Website, you may be required to provide a phone number, e-mail address, and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
3.6.Any order that you place with us is subject to product availability, delivery capacity, and acceptance by the Participating Suppliers. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that the Participating Suppliers will be able to fill your order. Once we have sent the confirmation email, we will check availability and delivery capacity.
3.7.If the ordered Food and delivery capacity is available, the Participating Supplier will accept the contract and confirm it to Cake Hut. If the details of the order are correct, the contract for the Food Delivery, Goods, or Services will be confirmed by email or text message(SMS).
3.8.The confirmation message/ email will specify items ordered along with a receipt of payment.
3.9.If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by email or text message (SMS), or phone call.
Section 4: Prices and Payment
4.1. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Website are correct at the time of publication and have been based on input received from the supplier. While we give great care to keep them up to date, the final price charged to you can change at the time of delivery based on the latest menu and prices. We also reserve the right to alter the Goods or Services available for sale on the Website.
4.3. All prices for delivery by Cake Hut or a third-party provider assigned by Cake Hut are correct at the time of publication. However, we reserve the right to alter these in the future
4.4. The total price for Food Delivery, Goods or Services ordered, delivery charges, and other charges will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made online, e.g., via UPI, Net Banking, Credit, or Debit card.
4.5.In case of online payment, you must pay for your order before it is delivered. Our website is integrated with 3rd party payment gateways. We do not store any card or banking details on our website. For privacy policies and terms and conditions, please refer to the relevant payment gateway’s website.
4.6 Cake Hut never asks for any of your personal bank details. Please do not share your personal bank details like Card Number/Pin/CVV/OTP/Card Expiry Date/UPI Pin, over Phone/Mail/SMS to anyone.
Section 5: Delivery
5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
5.2. If delivery is done by its delivery partners, it is the Participating Supplier’s sole responsibility to provide Food Delivery promptly.
5.3. In the case delivery is done by Cake Hut or a third-party delivery partner assigned by Cake Hut, we will give great care to deliver promptly. No responsibility is taken for late delivery by Cake Hut in either case.
5.4. All orders are delivered by a reputable courier. We and the delivery will make every effort to deliver within the time stated. However, we will not be liable for any loss caused to you by ordering late.
5.5. In case of a late delivery, the delivery charge will neither be voided nor refunded by Cake Hut.
5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
5.7. If you fail to accept delivery of Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, then such goods shall be deemed to have been delivered to you, and all risk and responsibility in relation to such goods shall pass to you.
5.8. Participating Suppliers, who will prepare your order, aim to deliver the product to you at the place and time of delivery requested by you in your order. However, we shall not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery;
5.9. Please note that it might not be possible for us to deliver to some locations. If this is the case or our partner supplier will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
5.10. The delivery of the items ordered will be attempted only ONCE at the address as provided. In the event the delivery is not executed due to any reason whatsoever, the order shall be considered complete, and re-delivery or a refund will not be an option. The order will be deemed executed and delivered in the following events:
Wrong address
Recipient not available at premises
Premises locked
Unreachable or incorrect phone number of the recipient
The recipient refused the products.
Delivered the product at the gate/reception/neighborhood of the premises. Restricted entry to premises
5.11. Deliveries shall not be made on National Holidays. Orders scheduled for National holidays will be delivered on the next working day.
5.12 In case of floods/ Heavy Rains/ natural calamity/ National Bandh/election dates/ curfews/traffic jams/festival times/regulated traffic movements/ or any other impediments that may restrict the delivery of the order. Cake Hut reserves the right to reschedule the delivery for another date.
5.13. No instructions will be entertained for any request to change the date of delivery.
Section 6: Cancellation:
Please refer to the cancellation policy on our website.
Section 7: Linked Sites:
There may be a number of links on our Website to third-party Websites which may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties, nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third-party Websites or the Services or Goods that they may provide to you.
Section 8: Complaints
We take complaints very seriously and aim to respond within 12 business hours. All complaints should be addressed to care@Cake-Hut.co.uk, and we assure to assist if reported within 24 hours of delivery. Kindly note that the images displayed on the website are indicative in nature. Actual product may vary in shape or design as per availability.
Section 9: Limitation of Liability
9.1. Great care has been taken to ensure that the information available on this Website is correct and error-free. We apologize for any errors or omissions that may have occurred. Therefore, we do not make any warranty whatsoever, whether express or implied, relating to its accuracy.
9.2. By accepting these terms of use, you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third-party website, or your consumption of any food or beverages from a Participating Supplier.
9.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods, and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage, or expense, including any direct or indirect loss.
9.4. We do not accept any liability for any delays, failures, errors or omissions, or loss of information, viruses, or other contamination or destructive properties transmitted to you or your computer system via our Website.
9.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods arising owing to reasons beyond our control.
9.6. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property, and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
9.7. We have taken all reasonable steps to prevent Internet fraud and ensure that any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
9.8. Offers are subject to Cake Hut discretion and may be withdrawn at any time and without notice.
Section 10: General
10.1. All prices are in Indian Rupees and can be converted to your local currency at the time of payment, depending on the payment gateway provider.
10.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time without your consent or any requirement to notify you.
10.3. We may alter or vary the Terms and Conditions at any time without notice to you.
10.4. Payment must be made at the time of placing the order by bank transfer, credit/debit card, or at the time of delivery by cash (if available). Failure to pay on time will result in the cancellation of your order.
10.5. Please do not use or launch any automated system or program in connection with our website or its online ordering functionality;
10.6. Please do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
10.7. The Terms and Conditions together with the Privacy Policy, any order form, and payment instructions constitute the entire agreement between you and us. No other terms, whether expressed or implied, shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
10.8. If any term or condition of our Agreement shall be deemed invalid, illegal, or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
10.9.These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India. The place of jurisdiction shall be exclusively in Gurgaon.
10.10.No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
10.11. These Terms and Conditions and a contract(and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Indian Laws. We hereby submit to the non-exclusive jurisdiction of the Indian Courts. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.
10.12 While sharing my Phone no, Email, and Name during the registration or payment process, I understand that Cake Hut can send transactional and promotional SMS messages to my registered phone number. I also understand that Cake Hut can send transactional and promotional Email messages to my registered email as well.
10.13 As we will be processing the order post your confirmation, it won’t be possible to modify or cancel the order once the telephonic confirmation is done.
10.14 I understand that Cake Hut can send transactional and promotional SMS, Call, WhatsApp, RCS, & Emails to my registered email ID & number.
10.15 In any case, if the order is placed by any individual unethically from Cake-Hut.co.uk. This will be considered as part of a fraud. The company has the right to cooperate with competent law enforcement agencies and to ask them to take appropriate action whenever such phenomena occur. Additionally, the company will notify the police or other competent authority.