Terms & Conditions
Welcome to www.flourpatisserie.co.uk. The Website is owned and operated by FLOUR.
When using the Website, you may review food and place an order for food and merchandise. Upon completing your order online, FLOUR will review your order and acknowledge receipt with an e-mail message that will be sent to your e-mail address. Please note that FLOUR's e-mail notification does not constitute an acceptance of your order. The execution of your order and the charge of your credit card will be made directly by the venue that you ordered from and will be deemed as an acceptance of your order.
Our services are available only to, and may only be used by individuals who can be legally bound by contracts under the applicable law. Each user of the Website must have a valid credit or debit card and a valid e-mail address for contact purposes. FLOUR's services are available only for credit and debit card types which are listed on the Website.
The Website is not directed to children under the age of 18. If you are under 18 years old, you may browse the Website, however, you may not place an order online or provide FLOUR with any of your personally identifiable information. FLOUR will permanently delete a child’s personally identifiable information if a parent so requests by sending an e-mail to email@example.com
Acceptable use of the Website
Subject to these Terms you may access and use the Website and order online.
The following Terms define the acceptable use of the Website. While using the Website you agree to refrain from wilfully, or carelessly -
Interfering with or disrupting the functionality of the Website;
Disobey or breach these Terms or any other applicable instructions conveyed by FLOUR;
Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
Impersonating any person or entity, or making any false statement about your identity, employment, agency or affiliation with any person or entity;
Providing false or misleading credit card details and/or false delivery address when placing an order online;
Displaying the Website or any part thereof in an exposed or concealed frame;
Linking to certain elements on the Website independently from the web pages on which they originally appear;
Email, transmit or otherwise make available any information and materials that infringes third party’s right, including Intellectual Property Rights;
Email, transmit or otherwise make available software viruses, Trojan horses, warms and any other malicious application to computers and networks;
Email, transmit or otherwise make available any information or material which may constitute or encourages conduct that would be constitute a criminal offense or civil wrong doing or otherwise violets any applicable law;
Email, transmit or otherwise make available any information or material which may be deemed threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable.
Fees and Payments
The current rates of the items posted on the Website are provided by the appropriate food that prepare and deliver the food directly to you and not by FLOUR. Such venues may, at any time and in their sole discretion, change the rates and availability of any item in their menu. All fees are quoted in Pound Sterling, unless expressly stated otherwise. Any changes in fee rates will take effect immediately after being posted on the Website.
You represent and warrant that you will pay all fees and taxes in a timely manner and in compliance with each food fee schedule. Failing to settle your payments may prevent you from further using the Website, notwithstanding any other remedies available to FLOUR under the applicable law.
Return, refund and cancellation policy
We are only able to refund and cancel cupcake orders by 9am the day before your order is due to be delivered or collected. Should you need to cancel or amend any of our larger cakes we require two working days notice to arrange this for you. Should your order be damaged this should be reported immediately and photographic evidence must be emailed to firstname.lastname@example.org. Please note we are unable to except returns.
If you're out when our drivers arrive, we will try and make contact on the number provided to see if we can deliver to somewhere else, or leave with neighbour. If we can’t get hold of you the goods will be taken back to our bakery and we will try and make contact again to ask what you would like done with the order. Please note that if we have to redeliver the order again that it will be at your own cost and under these circumstances your order will not be re-baked unless you wish to pay for it.
Please note, discounts do not apply to delivery or merchandise items, unless stated other wise.
Links to other sites
The Website may include links to content on other web sites and online services. FLOUR does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, FLOUR does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. FLOUR assumes no responsibility or liability for such third party websites or services, or for their availability.
The Website may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking on the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. FLOUR is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.
Changes and Availability
FLOUR may from time to time change the Website's structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any previous notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall not have any plea, claim or demand whatsoever against FLOUR ensuing from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction. The Website is depended on different factors such as software, hardware and communication networks of FLOUR, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence FLOUR can't guarantee that the Website will not be disturbed, will be timely, secure or error free.
Termination of operation
FLOUR may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. FLOUR may not give any notice prior to the termination of the Website. At any time, certain content or a service may be blocked, removed or deleted without maintaining any backup copy.
You agree and acknowledge that FLOUR does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.
Amendments to the Terms
FLOUR may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after an initial notification was posted on the Website's homepage or any other relevant web pages on the Website. Other changes will take effect 7 days after their initial posting on the Website, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE "AS IS", AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS FLOUR IN RESPECT OF THE WEBSITE'S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF THE WEBSITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
Limitation of Liability
FLOUR, INCLUDING ITS OWNERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER "FLOUR GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS, COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE, OR FROM NEGLIGENT ACTS OR WRONGDOINGS OF FOOD AND DINING VENUES, OR FROM THE UNAVAILABILITY OF ORDERED ITEMS, OR FROM DELIVERY DELAYS, OR FROM ANY UNINTENTIONAL FAULT OR ERROR MADE BY LOLA’S CUPCAKES LIMITED’S GROUP'S STAFF, OR FROM ANY FRAUDULENT ACTIVITY OR UNAUTHORIZED USE OF CREDIT AND DEBIT CARDS, OR FROM ANY COMMUNICATION WITH FLOUR, REGARDLESS OF WHETHER FLOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify, defend and hold harmless FLOUR Group at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the Website, or the order, shipment and use of the Products.
Governing Law, Jurisdiction
These Terms will be governed by and construed in accordance with UK laws.
You may contact FLOUR by email at: email@example.com , or by using the contact details hereunder. FLOUR may publish in public, including on the Website, any communications with you, provided that your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.
FLOUR contact details:
22 La Mielle Clement
The Terms and Conditions constitute the entire agreement between you and FLOUR with respect to the use of the Website and the services therein.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by FLOUR, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by FLOUR's authorised representative.
The Terms and Conditions will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of these Terms.
Failure on FLOUR's part to demand performance of any provision in the Terms will not constitute a waiver of any of FLOUR's rights under the Terms.
The United Nations Convention on Contracts for the International Sale of Goods will not govern the Terms.
Changes in Ownership
FLOUR may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to these Terms are not harmed by the transfer of rights. In that case, a copy of the details and information related to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without FLOUR's prior explicit and written consent.
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms. "including", whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.