Terms and Conditions of Sale for Consumers

Please read these terms and conditions of sale carefully. They will apply to any order you make for goods from The Fabulous Fruitcake Company Ltd. You understand that, by ordering any goods, you agree to be bound by these terms and conditions.You should retain a copy of these terms and conditions for future reference.

1. Formation

1. This website is operated by The Fabulous Fruitcake Company Ltd ("we", "us" or "our"). We are registered in England and Wales under number 06565753 and our registered office is at 2 Stock Lane, Whaddon, Milton Keynes, MK17 0LS. You are the customer.
   
2. Goods displayed on our website can be ordered online through our secure server, at www.thefabulousfruitcakecompany.co.uk If there is anything you do not understand, please raise it at the time you place your order.
   
3. Your order constitutes an offer to us to buy our goods. All orders are custom made and will commence once payment has been received. We will confirm such acceptance to you by sending you notice (the "Order Confirmation"). The contract between us (the "Contract") will only be formed when we let you have the Order Confirmation.
   
4. The Contract will relate only to those goods confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Order Confirmation..
   
5. By placing an order, you confirm that:
   1) You are legally capable of entering into a binding contract;
   2) You are eighteen years or over; and
   3) You have read and agree to be bound by these terms and conditions.
   4) Please understand that, if you refuse to accept these terms and conditions, you will not be able to order any goods from us. For orders made through the website please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you do not do that you cannot place an order.
   
6. All goods are sold subject to the condition that they will not be resold.
   
7. The Contract may be subject to your right of cancellation (see paragraph 5 below).
   
8. We may change these terms and conditions without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understood the current version of our terms and conditions.

2. Description and price of the goods

1. The description and, subject to paragraphs 2.2 and 2.3 below, the price of any goods you order will be as shown on our website at the time you place your order, subject only to any inadvertent typographical errors for which we will not be liable. We also operate a bespoke service where non-standard goods may be ordered by special arrangement. If you are interested in such a bespoke service, please contact us at MrsFruitcake@thefabulousfruitcakecompany.co.uk
   
2. The prices of the goods do not include standard delivery charges. Additional delivery charges can be found on our website.
   
3. All prices are inclusive of VAT, where applicable.
   
4. Please be aware that all our goods may contain nuts or traces of nuts. Even if there is a special request to exclude nuts, nuts are still used in our kitchen. We cannot therefore accept any responsibility in respect of the presence of nuts or traces of nuts in our goods.
   
5. Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time you place your order. However, as our cakes are custom-made and individual, there will be variances to the pictures on our website.
   
6. 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.

3. Payment

1. Payment for the goods may be made by debit, credit or charge card. The debit, credit and charge cards accepted by us are those listed on the website.
   
2. Where you pay by debit, credit or charge card, we will debit the price of the goods from your payment card at the time of your order. We reserve the right to terminate any Contract if we are refused payment.
   
3. You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you.

4. Delivery

1. We deliver anywhere in mainland UK. Delivery outside mainland UK may be possible by special arrangement but an additional delivery charge will be payable. If you require delivery outside mainland UK, we will discuss this with you when the order is placed.
   
2. If you order goods from our standard service, delivery will be made between Mondays and Fridays as far in advance as you would like, upon which you will receive an Order Confirmation.
   
3. Goods are packaged in a tin and a cardboard box to protect the cake as far as possible from the transit process. Details of caring for your cake once it has been received can be found on our website.
   
4. We will confirm once the cakes have been dispatched by 24 hour courier service. It is essential that you, or someone on your behalf, will be available to receive and sign for the goods at the delivery address. If someone at the delivery address other than you signs for the goods, we are entitled to assume that that person is authorised by you to do so.
   
5. Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery date.
   
6. If no one is at the delivery address when delivery is attempted then the courier company will contact you directly to arrange delivery. There will be no additional charge for this further delivery.

5. Amendment of order and cancellation rights

1. In the case of perishable goods, you may amend or cancel your order by contacting us by email at MrsFruitcake@thefabulousfruitcakecompany.co.uk or over the telephone on 07867 778 326 as soon as possible. As all cakes are custom made, if cake preparation has already commenced, then the full fee is payable. If cake preparation has not commenced then a refund can be made.
   
2. If you amend or cancel your order containing perishable goods within the time limits stated at paragraph 5.1, then within 30 (thirty) days of the amendment/cancellation:
   1) if you have paid the price by credit, debit or charge card, we will credit your payment card with the appropriate sum; and
   
3. Where you amend or cancel an order for cakes once cake preparation has begun, we will be unable to resell any unwanted goods since they are freshly made to order and we will also have incurred a charge to our courier on the booking of your delivery. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation.
   
4. In respect of non perishable goods only, you have the right to cancel the order and to send back the goods at any time within seven working days beginning on the day after you receive the goods. A working day is any day other than weekends and bank or other public holidays. Please note that this right does not apply to perishable goods. If you wish to send back a cake, you need to comply with the following arrangements:
   1) You should give us notice by telephone on 07867 778326 or by email at MrsFruitcake@thefabulousfruitcakecompany.co.uk giving details of why you wish to return the cake.
   2) You should then return the cake to us, in secure packaging, within five working days of notifying us that you wish to return the goods. You will be responsible for the cost of returning any goods to us unless they are defective or we have delivered the goods to you in error or as a substitute. Alternatively, we can collect the goods from you, but you will have to pay the cost to us of recovering the goods.
   3) You must take reasonable care to ensure that the goods and their packaging are not damaged, pending their return.
   4) Within 30 (thirty) days of the date on which you notify us of cancellation, and if you have paid the price of the goods by credit, debit or charge card, we will credit your payment card with the appropriate sum and if you have paid by gift voucher, we will issue you with a replacement gift voucher..
   5) If we have already collected the goods ourselves, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
   
5. In the case of mixed orders comprising both perishable and non-perishable goods, your cancellation rights under paragraph 5.4 above will only apply to that part of your order which comprises non-perishable goods. You may amend or cancel that part of your order which comprises perishable goods in accordance with the provisions of paragraphs 5.1 to 5.3 above.
   
6. For your protection we recommend, when returning any goods, that you use a reputable delivery service that can provide evidence that they have delivered such goods back to us. Please ensure that the goods which are being returned are packed with sufficient care to ensure damage does not occur in transit. We will not be responsible for damage to returned goods caused by insufficient packaging. In most cases sufficient packaging means inside a strong cardboard box with adequate internal cushioning around the goods.

6. Refunds policy in case of customer complaint.

1. Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect goods, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by telephone. We may then, at our discretion, require you to send us a photograph of the goods which are the subject of the complaint. We may also require you to return the item to us, postage and packaging to be refunded by us subject to our being reasonably satisfied that your complaint was justified.
   
2. You should note that where you order any cake with a fruit and nut topping, the topping by its nature may become dislodged during transit. In most cases, you will easily be able to replace the topping on top of the cake and this will in no way affect the quality of the cake itself. Accordingly, in that event, you will only be entitled to the remedies under clause 6.3 if there is some other problem with the quality of the cake after the topping has been replaced.
   
3. Subject to your compliance with paragraphs 6.1 and 6.2 above, where you have received incorrect goods, a short delivery of goods or goods that do not meet with your reasonable satisfaction, we will, at our option:
   1) make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
   2) to the extent that you have paid the price of the short shipped or unsatisfactory goods by credit, debit or charge card, refund the appropriate sum to your payment card and, to the extent that you have paid by gift voucher, issue you with a replacement gift voucher.
   3) We will not require payment of any additional delivery charge in respect of the replacement of goods or making good their shortfall in these circumstances.

7. Our liability

1. If either we or you are in breach of any of these terms and conditions, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a reasonably foreseeable consequence of such breach.
   
2. Unless set out in these terms and conditions we will not be responsible for any loss or damage to the goods after you have taken delivery of them.
   
3. We cannot accept liability for losses that were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price you paid for the goods in question.
   
4. This does not include or limit in any way our liability:
   1) for death or personal injury caused by our negligence;
   2) under section 2(3) of the Consumer Protection Act 1987;
   3) for fraud or fraudulent misrepresentation; or
   4) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5. We will not be liable under any Contract for any loss or damage caused by us or our employees or agents in circumstances where:
   1) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
   2) such loss or damage is not a reasonably foreseeable result of any such breach; and
   3) any increase in loss or damage results from breach by you of any of these terms and conditions.

8. Import duty

1. If you order goods from us for delivery outside the UK, they may be subject to 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 and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
   
2. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.

9. Privacy

1. We are committed to ensuring that your privacy is protected and we will take all reasonable precautions to keep your personal information secure.
   
2. We will use any personal information you provide us for the purpose of fulfilling your order, for market research and for statistical analysis. We may share this information with our service providers and agents for this purpose.
   
3. We would also like to contact you by telephone or email to notify you of products and offers that may be of interest to you from time to time. We will ask you whether you consent to receiving such information from us at the time that you provide us with your personal information.
   
4. We do not sell, rent or transfer your personal information to third parties for their marketing purposes.
   
5. You have a right to ask for a copy of your information (for which we may charge a small fee) and to correct any inaccuracies in your data.

10. Making a complaint

1. We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at info@thefabulousfruitcakecompany.co.uk. We endeavour to respond to all complaints within 14 working days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.

11. Intellectual property

1. All rights, including copyright, trademarks, recipes, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these terms and conditions confers on you any licence or right under any of our trademarks, names or logos or those of any third party.
   
2. We reserve the right to issue legal proceedings against any persons who copy any text, recipes, photographs, images, graphics, logos, button icons, trademarks or any part of this web site. The content of our website is and remains the property of The Fabulous Fruitcake Company Ltd.

12. Written Communications

1. 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.
2. For contractual purposes, you agree to this electronic means of communication 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 condition does not affect your statutory rights.

13. Notices

1. All notices given by you to us should be given to us by post at The Fabulous Fruitcake Company, 2 Stock Lane, Whaddon, Bucks, MK17 0LS by email at info@thefabulousfruitcakecompany.com
   
2. 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 paragraph 12 above.
   
3. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. General

1. If any of these terms and conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permissible by law.
   
2. These terms and conditions will be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to any dispute which may arise between us.
   
3. We will try to resolve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so in England.

The www.thefabulousfruticakecompany.com website is operated by the Fabulous Fruitcake Company Ltd of 2 Stock Lane, Whaddon, Milton Keynes, MK17 0LS If you have any queries please contact us on 07867 778326.

NEW WEDDING SECTION
COMING SOON
Cakes suitable for Weddings, Christenings and other special occasions.

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The Times & The Sunday Times Special Offer.
We are delighted to be part of The Times Local Produce Campaign 2010. Please click here to validate your special offer. We will then send you the relevent information on how to order your Fabulous Fruitcake.

BBC Good Food Show
Thank you to all of you for coming to see us at the BBC Good Food Show, 25-29 November. It was great to meet so many of you.

Samantha Wickham wins the Waitrose Food Illustrated annual ' top of the puds' competition for her Black Cherry and Double Chocolate pudding. Read more...

We are pleased to announce that we are now featured on the Food Lovers Britain website. Read more...