TERMS AND CONDITIONS FOR VISITORS
This website marie-makes.co.uk (“the Site”) is owned and operated by Marie Sanders, trading as “Marie Makes” (“us”, “our” or “we”).
Marie Sanders, trading as “Marie Makes” is a sole trader of 5 Coronation Road, Stony Stratford, MK11 1JJ.
This document is only available in English.
The following constitutes a legal agreement between a visitor (“you”) and us with respect to our website service, the terms of which are set out below. You must be at least 16 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 16 years of age, you must present this Agreement to your parent or legal guardian.
Our Site is established to enable you to choose and purchase baked goods and handmade crafts from our Site (“Products) that we offer for sale online.
When purchasing a Product on our Site, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 16 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.
ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or to our entire Site.
TERMS & CONDITIONS FOR PURCHASE OF PRODUCTS
- Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
- Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us, subject to receipt by us of payment in full by you for the Products ordered. This email is an order confirmation and receipt of payment (“Order Confirmation”) to notify you of the fact we have received and accepted your order, at which time a legally binding agreement on the terms set out herein will become effective.
- If you notice an error in the Order Confirmation you must notify us via our contact page (https://marie-makes.co.uk/contact/) at least 48 hours before the order is due to be collected or delivered. For bespoke cakes and crafts, you must notify us via our contact page (https://marie-makes.co.uk/contact/) at least 7 days before your order is due to be collected or delivered.
- If you wish to cancel your order for any reason, you must notify us by telephone (07779 238962) 48 hours before the order is due to be collected or delivered. For bespoke Products, you must notify us by telephone (07779 238962) 7 days before the order is due to be collected or delivered. A refund will only be made to the same bank account or PayPal account with which your order was placed.
- If you wish to add to or change your order, or change the date or time of delivery or collection of your order, then we will accommodate you, subject to kitchen space being available to permit us to make your Products, provided that you notify us via our contact page (https://marie-makes.co.uk/contact/) by 7 days before your order is due to be collected or delivered.
- PRICE & PAYMENT
- The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.
- Our prices include VAT and delivery costs.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product’s correct price is less than our stated price, a refund will be made to the same bank account or PayPal account with which your order was placed. If a Product’s correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
- Payment for all Products must be by (i) card, or (ii) PayPal. We will send you a receipt upon receipt of payment as part of the Order Confirmation set out at clause 2
- All bank transfers are subject to validation checks and authorisation by your bank. If your bank refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
- Refunds / Exchanges Due to the tedious, handcrafted nature of our products, we are unable to provide refunds or exchanges for custom orders Once you or a designated party has taken delivery of the order, it is considered “accepted”. Refunds requested due to decorating style, writing, color shade, or general design will not be honored after accepting your cake. All products are the responsibility of the customer once it leaves our shop. We are not responsible for any damage occurring to the cake during transport, set-up or any time thereafter. You will be given instructions on how to carry, transport, and store your cake upon delivery. Keep in mind that cakes are very fragile and damages can happen if not handled properly – such as cracks, smudges, melted frosting, etc. We only give refunds in accordance with refund policies stated below Cake flavor and texture is subjective. Full refunds requested due to flavor or texture after the cake has been accepted and delivered will not be honored. You may qualify for a percentage of a store credit if the product is brought back and the quality of the cake flavor or texture is determined to not meet our standards. Cakes must be brought back to us within a timely manner, preferably with 24 hours of delivery – please call or email us promptly to let us know of the issue. Quality determination is solely at the discretion of Marie Makes. Please understand that we cannot issue refunds for cakes that have already been completely eaten. *Store credit percents are based on how quickly the cake is returned, how much has been consumed, and what we determine the quality to be. Store credits of any kind will not be issued to customers who do not contact us within 48 hours. If upon delivery the cake does not meet your expectations, we will give you a refund (minus 25% handling/cancellation fee). This refund will be given as a store credit (no cash/money refunds will be given) NOTE: If we give you a refund, you CANNOT keep the cake. You can only get the refund if you refuse to “accept” the cake. We will NOT negotiate a partial refund if you keep the cake. This is a “take it, or leave it” policy. We are not responsible for any expense you may incur for replacing our cake. We do not give refunds under any other circumstances.Refunds are only given within 7 days.
- AVAILABILITY, DELIVERY & COLLECTION
- The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you from us, within a given time slot which we will notify to you in further emails following the Order Confirmation.
- If for any reason you find yourself unable to collect your order from us within the given time slot, we will retain your ordered Products for collection by you for 24 hours, or upon payment of the delivery charge by PayPal we may be able to arrange to deliver to you within our delivery time slot and delivery zone during the next 24 hours (subject to delivery availability).
- If for any reason no one is present to receive delivery of the Products at the delivery address you have provided to us we will take the Products back and retain the same for 24 hours during which time you may contact us via our contact page (https://marie-makes.co.uk/contact/) to either arrange for personal collection or for delivery by us within 24 hours (subject to delivery availability) upon payment of a further delivery charge by PayPal.
- In order for us to hand over the ordered Products upon collection or delivery, the recipient must provide to us the valid Order Confirmation number and must also sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.
- RISK & TITLE
- The Products will be at your risk from the time you collect the Products from us or we deliver them to you.
- Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
- RETURNS POLICY
- We will only make a refund to the same bank account or PayPal account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
- Due to the tedious, handcrafted nature of our products, we are unable to provide refunds or exchanges for custom orders Once you or a designated party has taken delivery of the order, it is considered “accepted”. Refunds requested due to decorating style, writing, color shade, or general design will not be honored after accepting your cake. All products are the responsibility of the customer once it leaves our shop. We are not responsible for any damage occurring to the cake during transport, set-up or any time thereafter. You will be given instructions on how to carry, transport, and store your cake upon delivery. Keep in mind that cakes are very fragile and damages can happen if not handled properly – such as cracks, smudges, melted frosting, etc. We only give refunds in accordance with refund policies stated below Cake flavor and texture is subjective. Full refunds requested due to flavor or texture after the cake has been accepted and delivered will not be honored. You may qualify for a percentage of a store credit if the product is brought back and the quality of the cake flavor or texture is determined to not meet our standards. Cakes must be brought back to us within a timely manner, preferably with 24 hours of delivery – please call or email us promptly to let us know of the issue. Quality determination is solely at the discretion of Marie Makes. Please understand that we cannot issue refunds for cakes that have already been completely eaten. *Store credit percents are based on how quickly the cake is returned, how much has been consumed, and what we determine the quality to be. Store credits of any kind will not be issued to customers who do not contact us within 48 hours. If upon delivery the cake does not meet your expectations, we will give you a refund (minus 25% handling/cancellation fee). This refund will be given as a store credit (no cash/money refunds will be given) NOTE: If we give you a refund, you CANNOT keep the cake. You can only get the refund if you refuse to “accept” the cake. We will NOT negotiate a partial refund if you keep the cake. This is a “take it, or leave it” policy. We are not responsible for any expense you may incur for replacing our cake. We do not give refunds under any other circumstances.Refunds are only given within 7 days.
- Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.
- We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Product on delivery and we cannot accept the return of any Product because it does not match the colour you were expecting from viewing your screen display.
- The provisions of this clause do not affect your statutory rights.
- OUR RIGHT TO VARY THESE TERMS & CONDITIONS
- We have the right to revise and amend these Terms and Conditions from time to time, for example, 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 system’s capabilities.
- You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required 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 the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
- YOUR AGREEMENTS
- YOU AGREE that:-
- it is your responsibility to provide accurate personal information (“Personal Data“) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the bank account or PayPal account that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your bank account of PayPal details anywhere on the Site;
- it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;
- we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;
- whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);
- you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
- variation in computer, browser and operation will create differences in visual layout and usability of the Site and we cannot be held responsible for specific operational differences.
- SYSTEM REQUIREMENTS
- MISUSE OF THE SITE
- We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-access the Site without our prior consent.
- You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.
- INDEMNITY
- ASSIGNMENT
- You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
- We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
- GENERAL
- We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
- We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
- We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
- The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified via our contact page (https://marie-makes.co.uk/contact/).
- We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
- Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in the content on the Site including, without limitation text, logos, graphics and images is owned by us and is protected by law. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
- You will infringe our rights if you copy or reproduce any part of the Site save for:
- a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
- you printing out any pages from the Site as a record of any Products you have purchased from it; or
- you printing out a copy of the Terms and Conditions which we would request you to do; or
- your own personal use provided that:
- no documents or related graphics on the Site are modified in any way;
- no graphics on the Site are used separately from the corresponding text; and
- the Company’s copyright notice and this permission notice appear in all copies.
- For the purposes of this Clause 13 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
- DISCLAIMERS
- To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
- You understand and agree that your use of the Site is at your own sole risk. The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
- We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
- Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.
- Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
- The baked goods ordered are fresh on the day of delivery to or collection by you and will remain fresh for a further 72 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 72 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
- Baked goods which were due to be collected by you from us and which you failed to collect on the appointed day, or baked goods which we have taken back to our premises because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these baked goods cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.
- We cannot accept any responsibility for deterioration of the baked goods in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from one or our shops if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.
- Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.
- We will notify you of any baked goods containing nuts on the specific Product’s web page. However, since our kitchens do handle nuts we cannot guarantee that traces of nuts will not be found in our baked goods and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such baked goods.
- THIRD PARTY RIGHTS
- LAW & LEGAL NOTICES
- ACKNOWLEDGEMENTS
