Terms & Conditions

MY BAKER E-COMMERCE TERMS AND CONDITIONS

Updated 11 October 2021

Welcome to My Baker’s Terms and Conditions.

1. Introduction

These are the terms and conditions (hereafter, the Terms) on which we supply our products to you.

Please read these Terms carefully before you submit your order to us.

These terms tell you who we are, how you can purchase our products, how you and we may change or end the contract for the purchase of our products, what to do if there is a problem and other important information.

If you think that there is a mistake in these Terms, please contact us to discuss, using the contact details in Section 2 below.

2. Information about us and how to contact us

Who we are. We are My Baker, a trading name of Homebaked Limited, a company registered in England and Wales. Our company registration number is 09728117, and our registered office is at 102 Osier Crescent, London, N10 1RE, (hereafter referred to as My Baker, we, and us).

My Baker operates an e-commerce website at www.mybaker.co to sell our cakes, baked goods, and all other goods (hereafter, our Cakes and Baked Goods) to you.

How to contact us. You can contact us by telephoning our customer service team at 0203 239 4399 or by writing to us at hello@mybaker.co. Please note that our opening hours are from 10am to 6pm on Monday to Friday. For further information, please visit our Customer Service page.

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order (as defined in clause 3.1 below).

Other applicable terms. In addition to these Terms, the following terms also apply to you when using our site and/or purchasing our Cakes and Baked Goods:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you agree that your personal data will be processed pursuant to our Privacy Policy and Cookies Policy and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

3. Our contract with you

3.1 How we will accept your Order. Our acceptance of your request to purchase our Cakes and/or Baked Goods (Order) will take place when we email you to accept it, at which point a contract will come into existence between you and us (Order Acceptance). Please note that your Order is not accepted until payment has been received, in full, unless we have agreed with you that you may pay an initial deposit and pay the balance at a later date (as specified by us and up to our sole discretion), prior to the delivery date. Where this option applies, a payment of a fifty percent (50%) deposit is applicable for Orders over five hundred pounds (£500). We will not be held liable for non-delivery of Cakes and/or Baked Goods if payment has not been received in full with sufficient notice (at our sole discretion) for us to instruct a baker and for the baker to complete and deliver the Order.

3.2 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Cakes and/or Baked Goods you have requested to order.

This is because the vast majority of our Cakes and Baked Goods are made fresh in response to specific orders, and as such, because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to meet a delivery deadline you have specified, we may be unable to fulfil the Order. For example, whilst we make every effort to fulfil an Order received at a late stage, it may not be possible to complete such Order on every occasion where it is received with limited notice (less than seven days), or you may be seeking delivery to an address we are unable to deliver to.

In the case where we have accepted your Order, or you have paid for your Order, but we are no longer able to fulfil your Order, we will:

• offer alternative dates which we can fulfil; or
• offer alternative products which can be provided to you in time; or
• in the event that the alternatives offered are not acceptable to you, we will notify you and refund the full cost of your Order. Beyond the refund of the cost of your Order, we shall have no further liability to you. For more information, please see our Refund Policy.

3.3 Your Order number. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.

3.4 We only deliver to the UK. Unfortunately, we do not deliver to addresses outside the UK. If you insert a delivery address outside of the UK, your Order will not be accepted. For more information about the specific areas within the UK that we deliver to, please consult our Where We Deliver page, or please contact us.

4. Prices and payment

4.1 Payment for the Order shall be taken when you submit your Order to us at the checkout. Unless otherwise agreed by us, at our sole discretion, all prices shall be listed and payable in GBP. All prices are inclusive of VAT where VAT is applicable. It is your sole responsibility to review the contents of your Order, their suitability, and their costs.

4.2 Our standard prices are as shown on our site and subject to change at our sole discretion. It is always possible that, despite our best efforts, some of the Cakes or Baked Goods we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end our sale contract with you, cancel your Order and refund you any sums you have paid.

4.3 Where your Order contains a bespoke Cake or Baked Good, we will consider your requirements and revert with a proposed price. The minimum price for a bespoke Cake or Baked Good is £100, plus £9 delivery. When providing a price for a Cake or Baked Good, we will consider the cost of the ingredients, the complexity of the design, the time and level of skill required to fulfil the Order, and the delivery location. We are under no obligation to provide a breakdown of how we reach any quote, or to justify our pricing decisions in relation to quotes that we may have offered in the past, or our standard product prices.

4.4 For Orders below £500, or Orders placed less than 4 weeks in advance of the delivery date, you must pay the price in full for us to provide you with an Order Acceptance. For Orders above £500, a 50% non-refundable deposit will be required in order for us to provide you with an Order Acceptance. The remaining 50% of the cost shall become due 4 weeks before the delivery date.

4.5 Payment services provider. We use Shopify Payments, PayPal and Stripe to process debit and credit card payments for your Orders. By using the My Baker Site and placing an Order, and agreeing to these Terms, you also accept you are bound by Shopify Payments’, PayPal’s and Stripe’s respective Terms of Service, available at https://www.shopify.com/legal/terms-payments-gb and https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full and https://stripe.com/gb/checkout/legal

4.6 You understand and agree that My Baker shall not be held liable for any payments and monetary transactions that occur through your use of Shopify Payments and PayPal,and that all such payments and transactions are handled by Shopify Payments and/or PayPal. You agree that My Baker shall not be held liable for any issues regarding financial and monetary transactions between you and any other party, including Shopify Payments and PayPal.

4.7 You are solely responsible for all transactions (one-time, recurring, refunds and cancellations) processed through Shopify Payments or PayPal. My Baker will not be liable for any losses or damages arising from invalid or fraudulent transactions processed with your Shopify Payments and/or PayPal account(s). This includes but is not limited to transactions that were not processed due to a network communication issue. If you process a transaction it is your responsibility to ensure it has been fully settled.

5. Our Cakes and Baked Goods

5.1 All of our Cakes and Baked Goods are created in line with our internal standard. Whilst we shall always make reasonable efforts to faithfully replicate the appearance of our Cakes and Baked Goods as shown and described on our site, some variation shall inevitably occur. To this end, the images of our Cakes and Baked Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours and designs accurately, we cannot guarantee that your Cake and/or Baked Good shall be identical. Additionally, the majority of our Cakes and Baked Goods are not produced according to standardised recipes. Therefore, some differences in flavours will occur. Such variations do not constitute a failure to deliver your Order, and My Baker shall be under no obligation to provide a discount or refund in relation to such variations.

5.2 Allergens. All Cakes and Baked Goods may contain any of the 14 allergens required to be declared under Annex II Regulation (EU) No. 1169/2011, which are cereals containing gluten (wheat, spelt, kamut, rye, barley, oat), celery, crustaceans, eggs, fish, lupin, milk, mustard, nuts, peanuts, sesame seeds, soya and sulphites. Risk of cross contamination is present, even if a Cake or Baked Good is “Made Without” an allergen, all Cakes and Baked Goods are produced in kitchens that handle nuts and the other allergens. Therefore, we cannot rule out the potential for traces of these allergens being included in our Cakes and Baked Goods. Our bakers do not operate from kitchens which are “Certified Free From” any allergen. It is your sole responsibility to understand the allergies and intolerances of all consumers of the Cake and/or Baked Good before you purchase it from our site. Our Cakes and Baked Goods may not be suitable for consumers with severe allergies. With every Order, we include an allergen card. It is your responsibility to read this card and ensure all consumers of the cake (or the person responsible for their wellbeing) are informed of its contents before any consumption takes place. To the fullest extent permissible by law, My Baker and its bakers expressly do not accept liability for any injury caused by failure to take note of and apply this guidance.

5.3 Making sure your measurements and/or personalisation designs are accurate. If we are making a Cake or Baked Good to measurements and/or personalisation designs that you have given us, you are responsible for ensuring that these measurements and/or personalisation designs are correct.

6. Making changes to your Order

If you wish to make a change to the Cake or Baked Good in your Order, please email us at orders@mybaker.co, making sure to include your Order number in the subject line of your email.  We will do our best to ensure that your changes are met, however, we cannot guarantee that we are able to fulfil changes to your initial Order. We will let you know if the change is possible. There will be an administration charge of £5 change the order. If your requested change is possible, and depending on the nature of the requested change, there may also be an additional cost to pay. In such a scenario, we shall inform you of this additional cost, and the requested change shall only be confirmed upon receipt of payment of the additional cost. If we cannot make the change or the consequences of making the change are unacceptable to you, the Order will revert to the Order that was placed before any changes were requested, unless the Order without the change is unacceptable to you, in which case you may cancel, subject to our Payment and Cancellation Policy.

7. Our rights to make changes

Minor changes to the Cake or Baked Good. As mentioned above, our Cakes and Baked Goods may vary from the images displayed on our site. We may also change the Cake or Baked Good that you have ordered if we need to comply with any applicable laws or regulatory requirements, for example, any updates to applicable food or perishable items laws. In such a scenario, the changes will only be minor and shall not materially change the product that you have ordered.

Changes to these Terms. We reserve the right to revise these present Terms at any time by updating the Terms on this site. Please ensure that you check this page from time to time to be aware of any changes. Please ensure that you save a copy of the Terms applicable at the time of your Order as we will not retain copies for customers.

Changes to our site. We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

8. Providing the Cakes and/or Baked Goods to you

8.1 Delivery costs. The costs of delivery will be as displayed to you on our site. Our standard delivery charges are £7.80 for items under £30, £9 for items equal to or over £30, and £19 for items equal to or over £250 In some cases, we may not have a baker in range who is able to fulfil your Order and deliver for our standard charge of £9. In those cases, we will contact you and, depending on what is possible, offer delivery for payment of a delivery premium, the option to collect the Cake and/or Baked Good and have the delivery charge refunded, or if these options are not acceptable to you, a full refund.

8.2 Delivery dates. The delivery date for your Cakes and/or Baked Goods shall be the date specified in your Order Confirmation. We shall try our best to meet the delivery date and delivery time slot that you request in your Order, however, this is also dependent on the following terms:

a) If you are ordering one of our Catalogue Cakes and Baked Goods, then you are able to browse to select your Cake and/or Baked Good, personalise this if required, and submit your Order request. These Catalogue Cakes and Baked Goods require 48 hours’ notice, unless otherwise specified by us in the listing. If you require a Catalogue Cake and/or Baked Good within 24 hours of placing your Order, we ask you to contact us using the contact details at Section 2 of these Terms, to check the availability of this before placing your Order. Catalogue Cakes and Baked Goods can only be delivered in less than 24 hours from placing your Order at our sole discretion.

b) If you are ordering a Bespoke Cake and/or Baked Good via our Design My Cake form, then your delivery date and availability shall be confirmed when we respond to your inquiry. Delivery dates for Bespoke Cakes and/or Baked Goods are subject to our availability and determined at our sole discretion. We request that you submit your Order request at least 6 to 7 days before the desired delivery date, and further in advance for complex requests, however, we may be able to provide Bespoke Cakes and/or Baked Goods within 24 hours at our sole discretion.

8.3 We are not responsible for delays outside our control. If our supply of the Cakes and/or Baked Goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Cakes or Baked Goods you have paid for but not received, in line with the terms of our Payment and Cancelation Policy.

8.4 In the event that we are unable to deliver to your requested address. We may revert to you and give you the option of collecting the Cakes and/or Baked Goods (in which case the delivery charge will be refunded). In the event that this alternative is unacceptable to you, we will be unable to fulfil your Order, and will provide a full refund. For more information about collections, please contact us using the contact details at Section 2 of these Terms.

8.5 If the intended recipient is not at home when the Cakes and/or Baked Goods are delivered. Cakes and Baked Goods are often highly perishable items, and it is your responsibility to ensure that the intended recipient is at home for the intended delivery slot. If no one is available at your address to take the delivery, we will attempt to make contact with you or them to complete the delivery. If we are unable to complete the delivery to the intended address, and cannot reach you for guidance, we will attempt to leave the Order with a neighbour and let you know where the Order has been left.

8.6 If you do not re-arrange delivery. If you do not collect the Cakes or Baked Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery, then we will contact you for further instructions. We may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. In such cases where, through no fault of ours, it has not been possible to deliver the Order, we are unable to offer a refund.

8.7 If your delivery is late.

We aim to deliver all Orders within the specified 4-hour time slot in your Order Confirmation. However, in the event that your Order does not arrive on time, please email our Customer Service Team at orders@mybaker.co with your Order number in the subject line of your email. Alternatively, you can call us using the contact details available at Section 2 of these Terms.

8.8 When you become responsible for the Cakes and/or Baked Goods. The Cakes and/or Baked Goods in your Order will be your responsibility from the time we deliver the Cakes and/or Baked Goods to the address you gave us, or you collect it from us.

8.9 When you own the Cakes and/or Baked Goods. You own a Cake and/or Baked Good once we have received payment in full and it has been delivered to you.

8.10 Reasons we may no longer be able to supply the Cakes and/or Baked Goods to you. We may no longer be able to supply your ordered Cake and/or Baked Good to you if we:

a) encounter an event that is outside of our control;

b) are unable to make changes to the Cake and/or Baked Good as requested by you or notified by us to you (see clause 7) and the inability to make such changes have meant that the Cake and/or Baked Good is no longer wanted;

c) have not received full payment of your Order from you within 4 weeks of the proposed delivery date, and do not receive payment despite alerting you to this; or

d) we are no longer able to provide you with your ordered Cake and/or Baked Good due to issues with supply.

8.11 Where we are no longer able to supply you with your ordered Cakes and/or Baked Goods, we will contact you as soon as we become aware of this and will either offer you a replacement Cake and/or Baked Good, a different delivery date, or a full refund.

9. Cancellations and Refunds

9.1 Cancelling your contract with us. You have the right to cancel your contract with us and receive a refund, depending on certain circumstances. For more information about when you can ask for a cancellation and/or refund, please consult our Payment and Cancellation Policy.

9.2 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by My Baker of 102 Osier Crescent, London, N10 1RE to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below clause 2:

 

Right under the Consumer Contracts Regulations 2013	How our goodwill guarantee is more generous
No right to cancellations for perishable goods and goods that are made to order (i.e., our Cakes and Baked Goods).	You have until 5 days before the delivery date and time, to change your mind for a full refund, minus an administration fee of £4 and reasonable costs.

 

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for your purchase of Cakes and/or Baked Goods at any time by writing to you if:

a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due or 7 days of the delivery date, whichever is sooner;

b) you do not, within a reasonable time, allow us to deliver the Cakes and/or Baked Goods to you or collect them from us; or

c) you do not, within a reasonable time, allow us access to your premises to supply the Cakes and/or Baked Goods.

10.2 You must compensate us if you break the contract. If we end the contract for the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the Cakes and/or Baked Goods

11.1 How to tell us about problems. Customer care is at the very heart of what we do, and we will aim to respond promptly and fully to any complaints you may have in relation to any Orders placed with My Baker. We aim to resolve all complaints in good faith to the satisfaction of all parties. On receipt of a complaint that relates to the products, we will assess the facts in order to understand the situation. If you have a complaint in relation to the products provided by My Baker, that complaint must be reported to hello@mybaker.coas soon as practically possible and ideally within 24 hours. Any complaint received more than 72 hours after delivery of the Cake and/or Baked Good will not be considered by us. We are not obliged to, but may at our discretion, offer you a partial refund, a full refund, or a discount off your next purchase with us. We kindly request that complaints are brought to our attention without recourse to posting negative reviews in public forums, so that we can seek to resolve them to your satisfaction. Please note that if your complaint relates to the taste or texture of the cake, or an alleged hygiene matter, you must let us know as soon as possible, preserve the cake and give us the opportunity to collect it, to allow us to investigate. We are unable to offer refunds or compensation where we are not given the opportunity to assess the merits of complaints relating to taste, texture or hygiene by inspecting the cake. In the event that allegations are made in relation to our Cakes and Baked Goods and services in a public forum, we will of course consider them on their merits, and reserve the right to defend as appropriate the products and services provided by My Baker.

11.2 Summary of your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your consumer legal rights; and for any other liability that cannot be excluded or limited under the applicable laws of these Terms.

12.3 We are not liable for business losses. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence to the extent permittable), breach of statutory duty (to the extent permittable), or otherwise, even if foreseeable, including: (a) loss of profit; (b) loss of business, business interruption; (c) loss of business opportunity; (d) loss of anticipated savings; or (e) any indirect or consequential loss or damage.

12.4 Limitation of liability. Without prejudice to the foregoing, and to the extent permitted by the applicable law, our liability to you arising under or in connection with these Terms and the contract with you shall never exceed the sum of the fees paid by you to us for any particular Order that is the subject matter of the claim for liability.

13. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

14. Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing, at our sole discretion.

14.3 Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing these Terms and the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms or the contract, or if we delay in taking steps against you in respect of your breaking these Terms or the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Cakes and/or Baked Goods in your Order, we can still require you to make the payment at a later date.

14.6 Which laws apply to these Terms and where you may bring legal proceedings. We will use reasonable endeavours to mediate any dispute concerning your Order, without recourse to third parties in the first instance. However, if the dispute cannot be resolved, either party may bring the matter before the competent court. If you are a consumer, these terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English and Welsh law. We both hereby agree to the exclusive jurisdiction of the courts of England and Wales.