Terms & Conditions

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products and classes to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and classes to you, how you and we may change or end the contract, 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.
  2. Information about us and how to contact us
    • Who we are. We are Fair Cake Limited a company registered in England and Wales. Our company registration number is 06458291 and our registered office is at Wellesley House, Duke of Wellington Avenue, Royal Arsenal, London, SE18 6SS.
    • How to contact us. You can contact us by telephoning our customer service team at +44 208 305 1756 or by emailing us at hello@faircake.co.uk or writing to us at Fair Cake Limited, 16 Highbridge Wharf, London SE10 9PS.
    • 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.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • 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 product/class. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product/class or because we do not have availability on the date that you have specified (when booking a class).
    • 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.
  4. Our products/classes
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
    • Class skill level. We offer baking classes targeted at various skill levels. If you are not sure if you have the right level of skills or experience for a particular class, or would like advice about which class would be most suitable, please contact us before booking and we can help you assess which class is right for you. Please note: we can only offer guidance and cannot be held liable if you book a class much higher or lower than your actual skill level.
  5. Your rights to make changes
  • If you wish to make a change to the product/class you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
  1. Our rights to make changes
    • Minor changes to the products and classes. We may change the product/class content:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements. These changes will not affect your use of the products.
  1. if we need to make material changes to the products or services we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products /classs paid for but not receivedProviding the products and classes
    • Delivery costs. The costs of delivery will be as displayed to you on our website.
    • When we will provide the products and classes. During the order process we will let you know when we will provide the products to you.
      • If you have ordered goods. If you have ordered goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
      • If you have ordered a one-off service (for example a one day masterclass). We will begin the services on the date set out in the order.
      • If you have ordered ongoing services (for example a two day masterclass). We will supply the services to you until the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
    • We are not responsible for delays outside our control. If our supply of the products and/or classes 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 products and classes you have paid for but not received.
    • If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and 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 and clause 2 will apply.
    • Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
      • we have refused to deliver the goods;
      • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      • you told us before we accepted your order that delivery within the delivery deadline was essential.
    • Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
    • Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0) 208 305 1756 or email us at hello@faircake.co.uk for a return label or to arrange collection.
    • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
    • When you own goods. You own a product which is goods once we have received payment in full.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products and classes to you, for example, your delivery address. If so, this will have been stated in the description of the products and classes on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products and classes late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of products and classes to you. We may have to suspend the supply of a product and/or class to:
      • deal with technical problems or make minor technical changes;
      • update the product/class to reflect changes in relevant laws and regulatory requirements;
      • to comply with government guidelines;
      • make changes to the product/class as requested by you or notified by us to you (see clause 6).
    • Your rights if we suspend the supply of products and classes. We will contact you in advance to tell you we will be suspending supply of the product and/or class, unless the problem is urgent or an emergency. If we have to suspend the product and/or class for longer than four (4) weeks, we will adjust the price so that you do not pay for products and/or class while they are suspended. You may contact us to end the contract for a product and/or class if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four (4) weeks and we will refund any sums you have paid in advance for the product and/or class in respect of the period after you end the contract.
    • We may also suspend supply of the products and classes if you do not pay. If you do not pay us for the products and/or class when you are supposed to (see clause 4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the products and/or classes until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products and/or classes. As well as suspending the products and/or classes we can also charge you interest on your overdue payments (see clause 12.5).
    • Our legal obligations are fulfilled once we have provided the class to you. Where you have booked on to a class, our legal obligations in respect of such class shall be completed once we have provided the content of the class to you (as described on our website).
  2. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products and classes which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the product and classes or these terms which you do not agree to (see clause 2);
      • we have told you about an error in the price or description of the product/service you have ordered and you do not wish to proceed;
      • there is a risk that supply of the products and/or classes may be significantly delayed because of events outside our control;
      • we have suspended supply of the products and/or classes for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four (4) weeks; or
      • you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7).
    • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and/or classes bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
      • services, once these have been completed, even if the cancellation period is still running;
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      • any products which become mixed inseparably with other items after their delivery.
    • How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
      • Have you bought services (for example, a two-day masterclass)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
      • Have you bought goods (for example, cake decorating equipment)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
        • Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
      • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed. A contract for goods is completed when the product is delivered. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products and classes not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Please see clause 9.6 below for further information on the deductions that we would make.
  1. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on +44 208 305 1756 or email us at hello@faircake.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. Complete the form on our website here faircake.co.uk/contact.
      • By post. Print off the cancellation form here [INSERT LINK] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    • Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 16 Highbridge Wharf, London SE10 9PS or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0) 208 305 1756 or email us at hello@faircake.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    • When we will pay the costs of return. We will pay the costs of return:
      • if the products are faulty or misdescribed;
      • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
    • In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
  • How we will refund you. We will refund you the price you paid for the services and/or products including delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
  • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    • Where you have ordered a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  • Deductions from refunds where we are not at fault and there is no right to change your mind. If you are unable to attend a class or wish to cancel a class that you have booked on to, please contact us to let us know. If you notify us 14 days or more prior to your class date, then we will refund you any sums that you have paid in respect of the class. If you notify us between 14 – 7 days prior to your class date, then we will refund you 80% of the sums that you have paid in respect of the class. If you notify us between 7 – 2 days prior to your class date then we will refund you 50% of the sums that you have paid in respect of the class. If you do not turn up to your booking or notify us less than 48 hours prior to your class date that you wish to cancel, then no refund will be made.
    The above cancellation fees represent reasonable compensation for the net costs we will incur as a result of your ending the contract.
  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
    • If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
    • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
  1. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, you do not provide your delivery address;
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
      • you do not attend your class on the date that you booked on to.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products and/or classes 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. If we end the contract more than 14 days prior to your class date, then we will refund you any sums that you have paid in respect of the class. If we end the contract between 14 – 7 days prior to your class date, then we will refund you 80% of the sums that you have paid in respect of the class. If we end the contract between 6 – 2 days prior to your class date then then we will refund you 50% of the sums that you have paid in respect of the class. If we end the contract less than 48 hours prior to your class date, then no refund will be made.
    • The above cancellation fees represent reasonable compensation for the net costs we will incur as a result of your ending the contract.
    • We may withdraw the product and/or class. We may write to you to let you know that we are going to stop providing the product. We will let you know at least seven (7) days in advance of our stopping the supply of the product and/or class and will refund any sums you have paid in advance for products and/or classes which will not be provided.
    • Covid-19. The UK government has introduced public health measures to restrict the spread of coronavirus. This can include the introduction of certain laws that create legal restrictions on certain activities (referred to as “Lockdown Laws”). Certain Lockdown Laws may apply geographically or in relation to specific activities only. In addition, the government has issued guidance about what people should do in place of or in addition to some Lockdown Laws. It is important to understand that Lockdown Laws are legally binding, whereas government guidelines are not legally binding (however should be adhered to nonetheless). Please review the clauses below to understand what happens when your booking is affected by Lockdown Laws or government guidelines.
    • Where we are unable to operate classes due to Lockdown Laws. If we are unable to operate classes due to Lockdown Laws and this coincides with the date of your booking then we will issue you with a full refund of any monies paid or alternatively you may transfer your booking to another date at no extra cost.
    • Where you are unable to attend classes due to Lockdown Laws. If we are operational but you are prevented from attending your class booking because of Lockdown Laws or Government guidance (which you must inform us of in advance), then we will allow you to re-book at no extra cost.
  2. If there is a problem with the product
    • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 208 305 1756 or write to us at hello@faircake.co.uk.
    • Summary of your legal rights. We are under a legal duty to supply products and/or classes that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example a baking tray, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

If your product is services, for example a one day class, the Consumer Rights Act 2015 says:

a) You can ask us to repeat a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t repeat it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

  • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0) 208 305 1756 or email us at hello@faircake.co.uk for a return label or to arrange collection.
  1. Price and payment
    • Where to find the price for the product and/or class. The price of the product and/or class (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products and/or classes we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s 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 the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment with MasterCard and Visa. You must pay at the time of ordering your product (whether you are purchasing goods or booking on to a class).
    • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  2. Health and Safety
    • You must notify us of any allergies or food intolerance and any dietary requirements . Any special allergies, food intolerance and any dietary requirements must be made known to us in writing at least 48 hours prior to the time scheduled for your booking. This will ensure that special dietary requirements are taken into consideration. On request, we will inform you of the ingredients prior to your class booking. It is your responsibility to notify us if any of the proposed ingredients are unsuitable for you, for example, but without limitation, in light of any allergies. We cannot guarantee that ingredients will not contain traces of products which may give rise to your allergies. You can give details of dietary or any other requirements as part of the online booking process or contact us by telephone or email. PLEASE NOTE THAT OUR CLASSES ARE NOT NUT FREE.
    • You undertake to take such steps as may be properly recommended by us or may otherwise be necessary to ensure that conduct of your class booking (including without limitation the preparation of food) will be without risk to health and safety.
    • Please notify us by email or telephone before attending your class if you suffer any sickness or diarrhoea less than 48 hours prior to the start of a class. If you are taken ill whilst attending a class please notify a member of staff immediately.
    • You undertake to observe our health & safety rules and regulations during class booking.
    • We will supply you with an apron and other protective equipment where appropriate. Please wear comfortable shoes with covered toes. Comfortable clothing and layers are recommended as the temperature in training rooms can vary. Please do not wear loose jewellery. We are not liable for any damage that occurs to clothing or other belongings. Long hair must be tied back during the class.
    • We advise that all food must be consumed within five (5) days of baking, therefore any food consumed after five (5) or more days of it first being served is at the your discretion and therefore becomes your responsibility.
  3. Our responsibility for loss or damage suffered by you
    • 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.
    • 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 legal rights in relation to the products and/or classes as summarised at clause 2.
    • We are not liable for business losses. We only supply the products and/or classes for domestic and private use. If you use the products and/or classes for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our privacy policy.
  5. Other important terms
    • 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. If you are unhappy with the transfer you may contact us to end the contract within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for products and/or classes not provided.
    • 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.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this 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 if we delay in taking steps against you in respect of your breaking this 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 products and/or classes, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products and/or classes in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products and/or classes in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products and/or classes in either the Northern Irish or the English courts.