Terms and Conditions

General Terms and Conditions

Date amended - Sunday, 25th November 2012

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cake Stand Heaven’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Description of Goods:

Items described as used, vintage and/or 'shabby chic' - The vintage china used to make our cake stands, tea sets, trios, gift boxed sets and teacup candles is pre-used. You should be aware that reclaimed vintage and 'shabby chic' pieces do sometimes have feint scratches or utensil marks on the surface. Usually the gold gilding on the edge is worn from decades of rubbing and cleaning. Reclaimed goods will often have age related wear from prior usage. We give this information in the product description. This age related wear is entirely authentic and we believe adds character and charm to the piece.

Please note -

All cake stands and teacup candles are made by us in our workshop and not by the actual manufacturer of the china.

The cake stands arrive disassembled. Full assembly and care instructions are included so that you can easily take your stand apart for storage purposes.

The most important facts you need to know:

If an item arrives broken or is faulty we will replace it (if we have it in stock) at our own cost, or refund you in full including your delivery costs, if a replacement is not possible. We may arrange for part or the whole of your purchase to be returned to us at the time of replacement or refund. Please read the relevant sections below for full details.

If you change your mind and decide to return an item to us which is not broken or faulty you must pay the return postage. We will refund you the relevant cost of the item less the original shipping charge and less a £10 re-stocking fee. Purchases are very carefully packaged and this takes time and a considerable amount of packaging, hence the re-stocking fee charge. Please read section 8. for full details.

If you have any questions you need answered before completing your purchase please contact us - we are very happy to help.

Website usage terms and conditions

The term ‘Cake Stand Heaven’ or 'us' or 'we' refers to the owner of the website. The term ‘you’ or 'your' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. If you do not allow cookies please do not use our website.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

 1.         Interpretation.

(a) In these Terms & Conditions of sale "The Company" shall mean Cake Stand Heaven..

"The Buyer", shall mean any person, firm, company, public authority, or statutory body, which places order(s) for equipment, products or services, sold or supplied by the Company which order(s) are accepted by the Company. "Goods" shall mean the goods (including any instalment of the goods or any parts for them) which the Company is to supply in accordance with these Conditions. "Contract" shall mean the contract for the purchase and sale of the goods. “Conditions” shall mean these terms and conditions.

(b) The placing of an order with the Company by the Buyer shall be deemed to be an acceptance of these Conditions by the Buyer.

(c) Any reference in these Conditions to any provision of statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.

(d) The headings in these Conditions are for convenience only and shall not affect their interpretation.

(e) The Company shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Company, subject in either case to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer. Orders sent in confirmation of telephone or fax instruction should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication of an order, will be charged to the Buyer.

(f) No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Company.

(g) These Conditions exclude any other terms and conditions which are inconsistent which the Buyer might seek to impose even though such other terms and conditions may be submitted in a later document and even though such other terms and conditions may purport to exclude or supersede these terms and conditions or may be contained in any offer acceptance or counter offer made by the Buyer.

2.            Payment & Prices.

All prices are made at current prices, but are subject to alteration without notice. Goods will be charged at prices (and, where applicable, discounts) ruling at the time of order. Any price or discount quoted will be applicable only to quantity or quantities specified on the Buyer's enquiry and change in quantity may require an alteration in the price(s) and/or discount(s) (if any) offered in the Company's quotation.

Any typographical, clerical, or other error, or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by the Company, shall be subject to correction without any liability on the part of the Company. Owing to alterations in design, the Company cannot guarantee that all Goods supplied will be in exact accordance with illustrations provided in any sales literature or other document or information issued by the Company, such illustrations being inserted only as a general indication of appearance. 

3.            Payment.

Subject to any special terms agreed in writing between the Buyer and the Company and/or any provision to the contrary in these Terms & Conditions of Sale, the Company shall be entitled to invoice the Buyer for the price of the Goods on agreement of sale under our general terms & conditions. 

Goods are offered to you on a payment with order basis.  Your payment will be authorised by PayPal or Google Checkout prior to despatch.   

4.            Delivery.

Delivery will be made to the Buyer's premises as stated by the Buyer when an order is submitted, or if notified by the Buyer Goods shall be left available for collection and this shall constitute delivery. Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract, unless previously agreed by the Company in writing. If the Goods are not delivered within 5 days of the quoted delivery date, the Buyer should notify the Company, so that the Company may in its discretion, assist in investigating the delay. The Goods may be delivered by the Company in advance of the quoted delivery date. The Company reserves the right to deliver all or any of the Goods in advance of the agreed delivery date.

All Goods are Checked and packed carefully to ensure safe Delivery.

Any delivery times quoted are advisory only, and may be subject to alteration dependent upon Manufacturers' deliveries to the Company and courier related delays.

If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions prior to the time stated for delivery (other than by reason of any cause beyond the Buyer's reasonable control or by reason of the Company's fault) then, without prejudice to any other right or remedy available to the Company, the Company may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

 5.       Returns Policy 

Goods that are received damaged must be reported to us within 7 days of delivery. Please contact returns@cakestandheaven.com and notify us of the specific damage. Subject to our current stock we will endeavour to offer you a suitable replacement part(s). If we are unable to do this or if the replacement part offered is not suitable we will contact you to arrange a return of the item(s) to us with the original packaging. On receipt of the returned item(s) and inspection of the goods to confirm the damage we will refund you the cost of the goods and postage.  

6.        Returns Policy - Faulty Goods.

We will refund the cost of the goods and postage. Please contact returns@cakestandheaven.com to arrange a return. When we receive back your item(s) we will inspect them for faults and we will endeavour to refund you as soon as possible but please allow up to 28 days to process your claim. Your statutory rights will not be affected.

7.       Checking Goods for Damage and Notifying cakestandheaven.com

You agree to open all boxes and thoroughly check the goods for damage on the day of delivery and notify us of any damage within 7 days of the delivery. If we are not notified of damage within 7 days we are unable to claim from either the manufacturer or the carrier and we will not be able to issue a refund .

All consignments must be examined immediately on arrival thereof. If any parcel appears damaged or pilfered, the receipt must be clearly marked “parcel damaged” or “pilfered”. The company must be notified of the damage or short delivery as soon as possible to be able to rectify any claim(s) made. Failure to do this will result in any claim(s) being dismissed and the company will hold no liability for loss or damage during delivery.

8.       Returns Policy

You must inform us of your intention to return an item within 7 days after the day of delivery for a refund stating the reason for the return. It is your responsibility to ensure that returned goods reach us in undamaged condition. We ask that you return goods in the original packaging. For U.K. Returns ONLY - We will arrange a courier collection and you will be required to pay the return postage cost. You will need to print out a Courier Returns Label, which we will send to you by email, and tape the label to your parcel. A re-stocking fee of £10 will be made. 

International Buyers - Please return goods to:

Cake Stand Heaven

12 Greenshank Close

Newton Le Willows

Merseyside

WA12 9RT

United Kingdom

When we have received back your returned item(s) we will check that they are undamaged and in resaleable condition. We will then refund the relevant part of the purchase price of that item .

9.       Retention of Title.

It is expressly stated that title to any goods supplied by the Company does not pass to the Buyer until payment in full has been received by the Company in respect of any such goods and any other outstanding amounts due and payable to the Company. The risk of loss or damage to the goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.

Until such time as the legal title in the Goods passes to the Buyer, the Buyer shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property, but shall be entitled to resell or use the Goods in the ordinary course of its business.

Until such time as the legal title in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

10.       Warranties & Liability.

Any advice or recommendation given by the Company or its employees or agents to the Buyer, or its employees or agents as to the storage, application, or use of the Goods which is not confirmed in writing by the Company, is followed or acted upon entirely at the Buyer's own risk, and accordingly, the Company shall not be liable for any such advice or recommendation which is not so confirmed.

Any statutory or other warranty, condition, description, or representation, express or implied, as to the state, quality or fitness of the Goods, the subject of the Contract is hereby expressly excluded. Notwithstanding the foregoing, the Buyer shall be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.

Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law, are excluded to the fullest extent permitted by law.

Where the Goods are sold under a consumer transaction (as defined by the Consumer transactions (Restrictions on Statements) Order 1976)) the statutory rights of the Buyer are not affected by these Conditions.

Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Company accordingly, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Buyer.

Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition, or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Company under or in connection with the Contract, shall not exceed the price of the Goods, except as expressly provided in these Conditions.

The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods; if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:-
(a) Act of God, explosion, flood, tempest, fire or accident.
(b) War or threat of war, sabotage, insurrection, civil disturbance or requisition:
(c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, or local authority;
(d) Import or export regulations or embargoes;
(e) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
(f) Difficulties in obtaining material supplies, labour, fuel, parts or machinery;
(g) Power failure or breakdown in machinery.

11.       Errors and Omissions

The Company reserves the right to amend any accidental error or omission without liability.

12.       General.

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office, or principal place of business, or such other address as may at the relevant time, have been notified pursuant to this provision to the party giving the notice.

No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected.

This Contract shall be governed by the laws of England, and the Buyer agrees to submit to the exclusive jurisdiction of the English Courts.

This Contract is personal to the Buyer, who shall not assign nor in any way part with the benefit thereof without the Company's prior written consent. The parties do not intend any third party rights to be created under or pursuant to this Contract.

13.  

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by Cake Stand Heaven and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Cake Stand heaven. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Cake Stand Heaven takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

14.         Complaints.

We aim to deal with any complaints in a fair and timely manner any complaints should be addressed in writing to the company on the website contact form. Whilst we endeavour to process all complaints in a timely manner please allow up to 5 working days to collate the information provided to make a fair and detailed response to any issues that may arise.

15.         These terms and conditions shall be governed and construed in all respects by and in accordance with the Laws of England and you submit to the non-exclusive jurisdiction of the English Courts.

Privacy Policy

Date Modified Sunday, 5th June 2011

This privacy policy sets out how Cake Stand Heaven uses and protects any information that you give Cake Stand Heaven when you use this website.

Cake Stand Heaven is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

What we collect

We may collect the following information:

• name and title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

Security

Cake Stand Heaven is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Cake Stand Heaven is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Customer information is kept strictly confidential on secure encrypted servers. Cake Stand Heaven does not retain credit card information nor do we share customer details with any 3rd parties. For security reasons, we STRONGLY recommend that you DO NOT send us your credit or debit card details via standard email.

Cake Stand Heaven agrees to only use, disclose or process, any card holder information obtained in connection with a card transaction (including the names, addresses and card account numbers of card holders) except for the purposes of authorising, completing and settling card transactions and resolving any chargeback or reversal disputes, retrieval requests or similar issues involving card transaction.

Cake Stand Heaven agrees to maintain sufficient controls for, limit access to and render unreadable prior to discarding, all records containing card holder account numbers and card imprints. Cake Stand Heaven will not sell or disseminate any card holder information obtained in connection with a card transaction held in a data base or otherwise (including the names, addresses and card account numbers of card holders).

We are committed to protecting your privacy. Appropriate information will only be collected when you place an order, when you register with cakestandheaven.com or if you email us or contact us with a query. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998. Any information we collect from you will only be used to personalize your on-line experience and to help improve our website to improve customer service and satisfaction. Your information whether public or private will not be sold, exchanged, transferred or given to any other company for any reason whatsoever without your consent, other than for the express purpose of administering your account and delivering the purchased product or service requested by the customer. The email address you provide for ordering processing may be used to send you information and updates pertaining to your order and in addition receiving service information and offers from our company. We implement a variety of security measures to maintain the safety of your personal information.

We may use technology to track patterns of behaviour of visitors using our site and this can include using a ‘cookie’ which would be stored on your browser. You can choose to accept or decline cookies for more information on this please click here.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

By using our site you consent to our PRIVACY POLICY.

Cake Stand Heaven may change this privacy policy from time to time by updating this page. You should check this page occasionally to ensure you are happy with any changes. This policy is effective from 5th June 2011.

Copyright notice  

This website and its content is copyright of Cake Stand Heaven - © Cake Stand Heaven 2011. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

• you may print or download to a local hard disk extracts for your personal and non-commercial use only
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.