Terms and conditions of use
Terms of Sale
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products.
In these terms of sale, “we” means Zano trading TheCakeBoxes
(and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(a) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(b) you must then enter your delivery details, and confirm your consent to these terms of sale;
(c) to complete your order, you must make payment by submitting your credit or debit card details.
After you have submitted your credit or debit card details, you will be taken to a confirmation page, which you should print and retain for your records. We will also send you an initial acknowledgement. Once we have checked whether we are able to meet your order, we will either: (i) send you an order confirmation (at which point your order will become a binding contract); or (ii) we will confirm by email or alternative contact should we not be able to meet your order requirements.
We reserve the right to refuse to accept any order. Examples of the reasons that an order may be refused include: (i) the product ordered is out-of-stock; (ii) the Address Verification Service (AVS) and/or CV2 code you provide when paying does not match; (iii) the nature of the order has given rise to a suspicion of fraud or potential fraud; or (iv) the delivery address given makes it unusually difficult or expensive to arrange delivery. Where we refuse to accept an order, we will promptly refund to you any amounts paid in respect of the order in accordance with Section 10.
If we inform you that we cannot meet an order as an item is out-of-stock, we may give you the choice to wait for the item to be in stock, or to cancel the order and receive a refund. In these circumstances, we will provide to you an estimate of when the item will be back in stock – but we cannot guarantee the accuracy of any such estimate.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
(4) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will try to verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you will have to pay a delivery charge unless otherwise specified, which could be but not limited to a promotion. This will be calculated by the website cart and stated when you pay for the product.
Payment must be made upon the submission of your order. We will withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by credit or debit card although we do reserve the right to refuse other credit cards.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force in accordance with Section 3.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
If you submit an unjustified credit or debit card charge-back then you will be liable to pay us within 7 days following the date of the charge-back:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of £30; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts detailed above (including without limitation legal fees and debt collection costs).
Without prejudice to our other rights, if you submit an unjustified credit or debit card charge-back then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt and without limitation, if you fail to recognise or remember the source of an entry on your credit or debit card statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are at least 18 years of age; and
(e) the sale of the products purchased by you under these terms of sale to you is not illegal or unlawful under the law of your jurisdiction.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products to any UK delivery address by:
(a) any delivery date specified by us in your order confirmation or otherwise; or
(b) if no such delivery date is specified, within 3-5 working days of the date of our order confirmation.
However, we cannot guarantee delivery by this date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the date of our order confirmation.
We will not delivery products to the USA, Canada or any country in Africa. We may from time to time determine that we will not deliver to other countries.
We do deliver to most countries in the EU but you should contact us before placing an order to ensure that we deliver to your destination.
(8) “Cooling off” period
If you are a consumer in the EU, you may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them (including with all seals unbroken and all packaging intact). Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(9) Statutory rights
Nothing in these terms of sale affects your mandatory statutory rights under applicable law.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We will usually process any refund due to you within two working days of the cancellation of the contract or receipt of your valid notice of cancellation. In any event, we will always process such a refund within 30 days of the day of cancellation of the contract or receipt of your valid notice of cancellation.
(11) Limitations of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law.
The limitations and exclusions of liability set out in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses.
We will not be liable to you in respect of any loss of or damage to profits, income, revenue or anticipated savings.
We will not be liable to you in respect of any loss of use or production.
We will not be liable to you in respect of any loss of business, contracts or commercial opportunities
We will not be liable to you in respect of any damage to goodwill.
Subject to the first paragraph of this Section 11, we exclude all representations, warranties and conditions relating to the products.
(12) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing, where you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 11: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(13) Our details
The full name of our business is Zano TA (The Cake Boxes)
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer.
Prices stated on our website may be stated incorrectly.
The purchase of products via our website will be subject to our terms of sale.
We will ask you to agree to our terms of sale each time you purchase a product or products via our website.
(5) User content
In this Section, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for publication on the website or any other purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. However, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limitations of liability
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(11) Exclusion of third party rights
(12) Entire agreement
(13) Law and jurisdiction
(14) Our details
The full name for our business is TheCakeBoxes
Our contact email address is firstname.lastname@example.org
Address: Arquen House, 4-6 Spicer Street, St Albans, AL3 4 PQ