TERMS & CONDITIONS

Welcome to www.finestcakecompany.com.  This Website is operated by Baker Kent Limited; trading as The Finest Cake Company. (“The Finest Cake Company”). We are registered in England and Wales under company number 13485157 and have our registered office at Hilden Park House, 79 Tonbridge Road, Hildenborough, Tonbridge, Kent, TN11 9BH. Our main trading address is Goblands Farm Business Centre, Unit 10-12 The Old Steamhouse, Hadlow, Tonbridge, TN11 0LT.

 

These General Terms and Conditions of Sale apply to any orders from The Finest Cake Company that you place through our website. These terms and conditions apply regardless of how you access the website, including via any device by which we make our website available to you.

 

You must read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s) through the website.

We reserve the right to update these Terms and Conditions at any time.

 

TERMS AND CONDITIONS OF SUPPLY

 

Our Products

The Finest Cake Company manufacture traybakes, traycakes and round cakes for wholesale supply to coffee shops, café’s, tea rooms, garden centres etc. We can also supply larger palletised orders for companies who operate wholesale distribution.

 

Placing Orders

 

To place an order, you can either open an account with us or you can use our Guest Checkout. If opening an account with The Finest Cake Company, you will be required to provide us with some compulsory personal information.

You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account.

When you create an account, we will ask you to create a password to allow you to access your account, and to maintain account security on this website. You are responsible for keeping your password and account information confidential.

We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorised use of your account, please contact us.

If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.

If you use our Guest Checkout, we will retain your personal information in order to process your order. If you already have an Account, we will attempt to match your personal data with your existing account information if not we will retain your information for future orders that you might make.

 

Order Acceptance

Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you.

We have the right, prior to despatching the product(s) to decline an order for any reason, including legal and regulatory reasons.

Our contract with you will start when we receive payment from you and remain in place until the last day of your right to return the products.

If we cannot supply you with all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.

If the fulfilment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time, including after despatch of products or notification to you that the order is being processed. In such circumstances, you acknowledge that The Finest Cake Company shall incur no liability.

 

Fees and Payments

During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.

By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third-party provider.

We do not store your payment information, however third-party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.

We take full payment immediately for all products. Card payments will be subject to authorisation from your card issuer, and credit facilities subject to a credit check.

Products ordered remain the property of The Finest Cake Company until we have delivered them to the address specified by you.

If you have already received the products you ordered from us, but your payment was not received, you must pay for the items.

We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.

The basket value is calculated inclusive of any other promotions.

The Finest Cake Company may, at any time and in their sole discretion, change the prices and availability of any item in their menu. All prices are quoted in pound sterling unless expressly stated otherwise. Any changes in pricing will take effect immediately after being posted on the Website and will be applied to any new orders from that point onwards.

 

Delivery

The terms of delivery require the delivery to be made only to a business premises where someone is present to accept the delivery between the hours of 08:00 and 18:00.

Delivery will be to the address. If no one is available at the address at the time of delivery, our courier will advise whether your order has been left in a specified safe place, or returned to depot/post office.

When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you.

We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.

The Finest Cake Company will accept no responsibility for deliveries that perish or are lost in transit because the receiver was absent when delivery was attempted, or the courier could not gain access to the delivery location.

In the UK, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation.

 

The Finest Cake Company can supply to UK mainland business addresses only.

 

Delays

We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.

We shall be under no liability to you for such delay or failure of products being delivered when originally specified.

 

Return, Refund and Cancellation Policy

Due to the very tight turnaround between orders and despatch we are only able to make amendments to or cancel orders within an hour of them being placed.

We do not accept returns due to the perishable nature of the products and for food safety compliance.

For an item to be considered for a refund or replacement the item in question must be defective or of unsatisfactory quality . For a refund or replacement to be considered we must be notified within 24hrs of delivery via email at hello@finestcakecompany.com or via phone at 01732 806390. Please note, we will require photographic evidence to support any claim along with the product name and best before date.

 

Discount

Please note, discounts do not apply to delivery or merchandise items, unless stated otherwise. The Finest Cake Company reserves the right to withdraw offers and/or promotions at any time and when/where it is deemed that the good nature of the offer and/or promotion is being abused. Only one coupon or voucher code can be used with each transaction.

 

Website – Terms of use agreement

 

Please read carefully the following terms and conditions (the “Terms” or “Terms of Use“). By accessing the Website or by using any of its services, you indicate your acceptance to these Terms and agree to comply with them. If you do not agree with any or all of the Terms of Use, you must  not access the Website or use any of its services. We recommend that you keep a copy of these terms for future reference.

 

Please feel free to submit any questions that you may have regarding these Terms to: hello@finestcakecompany.com

If you purchase goods from our site, our terms and conditions of supply will apply to the sales.

Acceptable Use of the Website
You may access and use the Website to place orders online subject to the following acceptable use policy.  You agree to refrain from wilfully, or carelessly:

• Interfering with or disrupting the functionality of the Website;
• Disobeying or breaching these Terms or any other applicable instructions conveyed by The Finest Cake Company and its officers;
• Violating any applicable local, national or international law, or regulation;
• Impersonating any person or entity, or making any false statement about your identity, employment, agency or affiliation with any person or entity;
• Providing false or misleading credit card details and/or a false delivery address when placing an order online;
• Displaying the Website or any part thereof in an exposed or concealed frame;
• Linking to certain elements on the Website independently from the web pages on which they originally appear;
• Emailing, transmitting or otherwise making available any information and materials that infringe third party’s right, including Intellectual Property Rights;
• Emailing, transmitting or otherwise making available software viruses, Trojan horses, worms and any other malicious application to computers and networks;
• Emailing, transmitting or otherwise making available any information or material which may constitute or encourage conduct that would constitute a criminal offence or civil wrongdoing or otherwise violates any applicable law;
  Emailing, transmitting or otherwise making available any information or material which may be deemed threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable.

 

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

 

• Immediate, temporary or permanent withdrawal of your right to use our website.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable legal costs) resulting from the breach.
• Disclosure of such information to law enforcement agencies as we reasonably feel is necessary or as required by law.

The actions we may take are not limited to those described above.

 

Amendments to the Terms
The Finest Cake Company may from time to time change these Terms. Every time you wish to use our website, please check these Terms to ensure that you understand the Terms that apply at that time. Please note, that changes in Terms that are necessary to comply with legal requirements will have immediate effect

 

You agree to be bound by any of the changes made in the Terms, and continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.

 

These terms were most recently updated on 19/11/2021.

 

Website Changes and software
The Finest Cake Company may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any previous notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind and therefore we do not guarantee that our website will always be available or uninterrupted.

 

You shall not have any plea, claim or demand whatsoever against The Finest Cake Company ensuing from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction. The Website is dependent on different factors such as software, hardware and communication networks of The Finest Cake Company, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence The Finest Cake Company cannot guarantee that the Website will not be undisturbed,  timely, secure or free from bugs or viruses.

 

You acknowledge and agree that this website is being provided for use “as is”, and therefore you will not have any plea, claim or demand vis-a-vis the Finest Cake Company in respect of the website’s properties, abilities, limitations or compatibility with your needs. The use of the Website is accordingly being made at your sole and whole risk, without warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. Use of information or content obtained from or through the website is at your own risk.

 

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

 

You must not misuse our website by knowingly introducing viruses, trojans, worms or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our site is stored, or any server, computer or database connected to our site. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Termination of Operation 
The Finest Cake Company may at all times, in its sole discretion, suspend, withdraw or terminate the operation of the Website, or any part thereof, temporarily or permanently. The Finest Cake Company may not give any notice prior to  any suspension, withdrawal or termination of the Website.

At any time, certain content or service may be blocked, removed or deleted without maintaining any back-up copy.

You agree and acknowledge that The Finest Cake Company does not assume any responsibility with respect to or in connection with the suspension, withdrawal or termination of the Website’s operations and loss of any data as a result.

 

Changes in Ownership 
The Finest Cake Company may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to these Terms are not harmed by the transfer of rights. In that case, a copy of the details and information related to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.

 

Assignment 
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without The Finest Cake Company’s prior explicit and written consent.

Links to Other Sites 
Our Website may include links to content on other websites and online services provided by third parties; these links are provided for your information only. The Finest Cake Company does not operate, control or monitor these websites and services. You may find the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be improper, unlawful or immoral. By linking to a certain website or service, The Finest Cake Company does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. The Finest Cake Company assumes no responsibility or liability for such third-party websites or services, or for their availability.

 

Linking To Our Site

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.

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 to our website in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice”.

Privacy
The Finest Cake Company respects your privacy and will only use your personal information as set out in our privacy policy. Click here to read the current privacy policy of the Website. It forms an integral part of these Terms. Given that the privacy policy may change from time to time, it is recommended that you read it periodically.

 

The Finest Cake Company may publish reviews provided by you on our Website. We will ensure that  any personal details are not  made public without your prior consent.

 

Intellectual Property 
The intellectual property rights in the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of The Finest Cake Company, or of third parties by whom The Finest Cake Company was licensed according to law. These rights apply, among others, to any textual and non-textual information, including menus, images, graphic design, data and its processing, the Website’s computer code and any other detail concerning its operation. All such rights are reserved.
You may not copy, duplicate, distribute, sell market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without receiving The Finest Cake Company’s explicit prior consent in writing.
Trademarks appearing on the Website (whether registered or not), the name of The Finest Cake Company and its trademarks as well as the Website’s Domain name – are the sole property of The Finest Cake Company. You may not use them without The Finest Cake Company’s prior written consent.

 

Limitation of Liability
The Finest Cake Company, including its officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates (together “The Finest Cake Company’s group”) will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• the use or the inability to use the website
• negligent acts or wrongdoings of food and dining venues
• the unavailability of ordered items
• delivery delays
• any unintentional fault or error made by The Finest Cake Company group’s staff,
• any fraudulent activity or unauthorized use of credit and debit cards
• any communication with the Finest Cake Company, regardless of whether the Finest Cake Company has been advised of the possibility of such damages.

 

In particular, we will not be liable for any loss of profit, loss of business, business interruption, loss of business opportunity or any direct or consequential loss or damage.

 

Indemnification You hereby agree to indemnify, defend and hold harmless The Finest Cake Company at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses, and payments, including reasonable legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the Website.

 

Governing Law, Jurisdiction
These Terms of use, their subject matter and their formation are  governed by English law and subject to the exclusive jurisdiction of England and Wales.

 

Contact details 
You may contact The Finest Cake Company by email to:  hello@finestcakecompany.com , or via post to:.

The Finest Cake Company contact details:

The Finest Cake Company

UNIT 10

The Old Steamhouse

Goblands Farm Business Centre

Cemetery Lane

Hadlow

Kent

TN11 0LT

 

All communications will be deemed as received after one business day

General 
The Terms and Conditions constitute the entire agreement between you and The Finest Cake Company with respect to the use of the Website and the services therein.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by The Finest Cake Company, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by The Finest Cake Company’s authorised representative.

The Terms and Conditions will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of these Terms.

Failure on The Finest Cake Company’s part to demand performance of any provision in the Terms will not constitute a waiver of any of The Finest Cake Company’s rights under the Terms.

 

Interpretation 
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms, “including”, whether capitalized or not, means without limitation.

 

Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.

 

Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.