2. Information About Us
www.mybaker.co is a site operated by Homebaked Limited ("We"). We are registered in England and Wales under company number 09728117 and have our registered office at 102 Osier Crescent, London N10 1RE.
We are a limited company.
www.mybaker.co is an online platform providing a concierge service for baked goods (Bakes) between an individual or entity looking to buy baked goods (a “Buyer”) and an individual or entity looking to sell baked goods (a “Baker”).
3. Other Applicable Terms
- For Bakers - our Baker T&Cs, which are in a separate document which is sent to all Bakers upon joining our platform, and may be refreshed from time to time.
- 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.
Please note that we simply provide the platform that connects a Buyer with a Baker and allows them to be introduced. We do not, ourselves, provide any baking services or other services of the type listed on the Site as being provided by Bakers and any contract for the provision of those services is between you and the relevant Baker (and not us). It is up to the relevant Baker to provide any products you request through My Baker and you agree to comply with any terms of service that apply between you and the relevant Baker.
We take reasonable measures to ensure the suitability and quality of the Bakers including, without limitation, conducting interviews, obtaining proof of council registration and Level 2 food and hygiene certification, a review of their website and social media sites, consideration of customer reviews and, at our discretion, a taste test of the products.
We cannot guarantee that any particular Baker is suitable for your purposes and you use our Bakers at your own risk. We may remove a Baker from My Baker on the basis of any feedback you or other users provide in relation to that Baker if we deem it appropriate, but are under no obligation to do so.
b) Refusal of service
My Baker may, at its sole discretion and with no obligation to provide an explanation, refuse to fulfill a Buyer’s order. In such cases, any payment made by the Buyer will be refunded in full, except in cases where the Buyer has caused My Baker to incur a cost, in which case a refund will be made net of any costs reasonably incurred.
Our standard product prices are as shown on the website and subject to change at our sole discretion. Should an object have been mispriced (in our sole judgment), we reserve the right to revert to you with the correct price and insist upon an additional payment, or else to refund you in full and not fulfill the order.
Where you request a bespoke cake, we will consider the requirements and revert with a proposed price. The minimum price for a bespoke cake is £90 plus £9 delivery. When pricing a cake we will consider the cost of ingredients, the complexity of the design, the time taken and level of skill required of the Baker to fulfill the order, and the delivery distance. We are under no obligation to provide a breakdown of how we reached our quote, or to justify our pricing decisions in relation to prices we may have offered in the past, or our standard product prices.
d) Confirmation of order
Your order is not confirmed until payment has been received in full, unless we have agreed that you may pay an initial deposit and pay the balance at a later date (as specified by us) prior to the delivery date (see below).
We will not be held liable for non-delivery of baked goods if payment has not been received in full with sufficient notice (at our sole discretion) for us to instruct the baker, and for the baker to complete and deliver the order.
e) Payment and Deposits
Orders below £500 or placed less than 4 weeks in advance of the delivery date must be paid in full at least 7 days before delivery date. Failure to complete payment may result in your order being cancelled.
For orders above £500, a 50% non-refundable deposit is required to confirm an order and hold the date. The remaining 50% is due 4 weeks before delivery date.
f) Order received with insufficient notice
The majority of our products are made fresh by the Bakers in response to specific orders. Whilst we make every effort to fulfil orders received at a late stage, it may not be possible to source a baker who can fulfil your order on every occasion where it is received with limited notice (less than seven days).
If we are having difficulties in sourcing a Baker to fulfil your order due to the late nature of your request, we will:
- Offer alternative dates which Bakers can fulfill;
- Offer alternative products which can be provided in the post;
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.
Our standard delivery charges are £5 for items under £30 and £9 for items over £30. These charges are passed on in full to the Baker.
In the unlikely event that we are unable to source a Baker who will deliver to your requested delivery address, we may revert to you and give you the option of collecting the baked goods (in which case the delivery charge will be refunded) or paying a delivery surcharge. In the event that these alternatives are unacceptable to you, we will be unable to fulfill your order, and will provide a full refund.
Our Bakers take reasonable precautions to ensure that the baked goods arrive in a satisfactory condition. In the event that the baked goods are damaged upon arrival, you must inform the Baker of the issue on accepting delivery, notify My Baker within 24 hours by emailing firstname.lastname@example.org, and include photographic evidence of the alleged damage.
In the event that damage has been evidenced, we may offer a discount or full refund, dependent upon the extent of the damage.
h) Variations to product taste and appearance
All of our bakers have to demonstrate a body of work showing their ability to decorate cakes to an acceptable standard before being admitted as a Baker. Whilst Bakers will make every effort to faithfully replicate the appearance of cakes as shown / described on the website, some variation will inevitably occur. Such variations do not constitute a failure to deliver an acceptable product, and My Baker will not be obliged to provide a discount or refund in relation to such variations.
The majority of our cakes are not produced according to standardised recipes. Therefore some differences in flavours will occur. Such variations do not constitute a failure to deliver an acceptable product, and My Baker will not be obliged to provide a discount or refund in relation to such variations.
All products produced by Bakers contain gluten, eggs, dairy, soya and other allergens unless explicitly specified that the product is free from the stated allergens. All bakers produce products in kitchens that handle nuts and other allergens unless explicitly stated that the kitchens are free from a specified allergen. It is the Buyer’s responsibility to understand the allergies and intolerances of all consumers of the product before purchasing a product from our site.
j) Refunds and Cancellations
Deposits are non-refundable and non-transferable under any circumstances due to the potential loss of business arising from turning away other bookings on that date. Full payments made less than 4 weeks in advance of the delivery date are non-refundable. In the event of a cancellation by the purchaser where there is more than 4 weeks notice, then we will refund 50% of the total amount paid.
In the unlikely event that we have to cancel your order for any reason, we will give you as much notice as possible and find a suitable baker to make your cake. If you do not wish to accept our suggested alternative, then we will refund the full price to you.
If you have a complaint in relation to the services or products provided by a Baker, that complaint must be reported to email@example.com within 24 hours of the products receipt.
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. On receipt of a complaint that relates to the products, we will contact the Baker in order to understand the situation more fully.
We are not obliged to but may at our discretion offer you any of a partial refund, a full refund, or a discount off your next purchase with us.
We are more likely to be able to respond favourably to your complaint if you contact us privately and directly. In the event that allegation are made in relation to our services in a public forum, we will reserve the right to defend as appropriate the service provided by My Baker and the product and delivery provided by the Baker.
a) Changes to these Terms
b) 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.
c) Accessing our Site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
d) Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
e) No Reliance on Information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
f) Dispute Resolution Policy
We will use reasonable endeavours to mediate any dispute concerning the use of the Website.
Disputes in relation to the quality of the bakes carried out by a Baker or any other issue will be referred, where appropriate to external dispute resolution services or authorities. Any issues with the bakes or services must be reported to firstname.lastname@example.org within 24 hours receipt of the bakes.
g) Limitation of our Liability
We are not responsible for, nor do we accept liability for the provision of or the standard of any Bakes or other goods that you may purchase from Bakers who operate through this site. You agree not to hold us responsible for things others do.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you have a dispute with one or more of our users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
j) Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Usage Policy.
If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
k) Third Party Links and Resources in our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
l) Applicable Law
However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Any provision in these terms and conditions which is prohibited or unenforceable under the jurisdiction of the United Kingdom is ineffective to the extent of the invalidity, illegality, or unenforceability. The remaining provisions of the Terms and Conditions shall be deemed as valid and effective.
n) Acceptable Usage Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.mybaker.co (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use.
www.mybaker.co is a site operated by Homebaked Limited (us). We are registered in England and Wales under company number 09728117 and we have our registered office at 102 Osier Crescent, London, N10 1RE.
o) Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use;
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- a Market place
- Chat rooms
- Bulletin boards/Forums
- Online shops
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
q) Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable usage policy constitutes a material breach of the Terms of Website Use, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site
- Issuing a warning to you
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- Further legal action against you
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
r) Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.