Cakitude

Terms and Conditions

[Starting draft. Replace everything in square brackets, check it against the countries you actually sell to, and delete this paragraph before you launch. It is a template, not legal advice.]

Last updated: [date]

1. Who we are

Cakitude is operated by [registered business name], [company or registration number], whose registered address is [registered address] ("we", "us", "our"). You can reach us at [hello@example.com] or [phone number].

2. About these terms

These terms apply when you use this website and when you buy anything from us. By placing an order you accept them, so please read them first. We may change them, and the version published on the day you order is the version that governs that order.

Nothing here removes or limits the rights the law of your own country gives you as a consumer.

3. Who can order

You must be at least 18, or the age of majority where you live, and able to enter into a contract. If you are ordering for a business rather than as a consumer, the two sections written for consumers, section 10 (changing your mind) and section 12 (the legal guarantee), do not apply to you.

4. Your account

You do not need an account to order, but if you create one, keep your password to yourself and tell us straight away if you think someone else has used it. We may suspend or close an account that is being used to break these terms.

5. Our products

We describe and photograph our products as accurately as we can. Colours vary between screens, and packaging can change, so small differences are not a fault. Everything is subject to availability, and we may change or stop selling a product at any time.

6. Prices and taxes

Prices are shown in [currency] and [include / do not include] [VAT / sales tax] at the applicable rate. Delivery is charged separately and is shown before you pay. If we deliver outside [country], import duty or tax may be charged when the parcel arrives and is payable by you.

If we spot an obvious pricing error before we have dispatched your order, we will tell you and you can confirm the order at the correct price or cancel it for a full refund.

7. How your order is accepted

Your order is an offer to buy. The email we send when you check out confirms that we have received it; it is not our acceptance. The contract between us is made when we email to say your order has been dispatched.

We may decline an order, and will refund you in full if we do: if the item is out of stock, if your payment is not authorised, if we suspect fraud, if we cannot deliver to your address, or if the quantity is outside what we sell to one household.

8. Payment

We accept [payment methods]. Payment is taken [when you order / when we dispatch]. Card payments are processed by our payment provider, [payment provider], and we never see or store your full card number.

9. Delivery

We aim to dispatch within [number] working days and give an estimated delivery date at checkout. Estimates are estimates. Unless we agree otherwise, we will deliver within 30 days of the contract being made; if we miss that, you can give us a reasonable further period, and if we miss that too you can cancel and be refunded in full.

The goods become your responsibility once they are delivered to the address you gave us, or to a carrier you arranged yourself. They remain ours until we have been paid in full.

Please check the delivery address before you order. If nobody is available and the parcel comes back to us, we may charge the cost of delivering it again.

10. Changing your mind

If you are a consumer in the EU or the UK, you may cancel your order within 14 days of the day you, or someone you nominate, receives the goods. You do not have to give a reason. For an order delivered in several parcels, the 14 days run from the last one.

Tell us by email at [hello@example.com], or by using the form at the end of these terms. Then send the goods back within 14 days of telling us. You pay the cost of returning them [unless we say otherwise].

We refund within 14 days of getting the goods back, or of your proof that you sent them, whichever is sooner. The refund includes the standard delivery you originally paid, but not the extra cost of a faster delivery you chose. If you have handled the goods more than you would have been able to in a shop, we may reduce the refund to reflect the loss in value.

The right to cancel does not apply to: goods made to your specification or clearly personalised; goods that spoil quickly; sealed goods that are not suitable for return for health or hygiene reasons once unsealed; goods that after delivery are inseparably mixed with other things; sealed audio, video or software once unsealed; newspapers and magazines; and digital content you have started downloading with your agreement and your acknowledgement that the right is lost.

If you are outside the EU and UK we are not obliged to take goods back because you changed your mind, but our own returns policy in section 11 applies to you as well.

11. Our returns policy

On top of any legal right, you may return most items within [30] days of delivery if they are unused, in a resaleable condition and in their original packaging, with proof of purchase. Start a return by emailing [hello@example.com]. We refund to the original payment method within [number] days of receiving the goods. [Sale items / gift cards / personalised items] cannot be returned.

12. If something is faulty or not what you ordered

Goods must match their description, be of satisfactory quality and be fit for purpose. If they are not, we will put it right.

Consumers in the EU have a legal guarantee of at least two years from delivery: we will repair or replace the goods, and if that is not possible or not done within a reasonable time, you can have a price reduction or a refund. Consumers in the UK have the same protection under the Consumer Rights Act 2015, including the right to reject faulty goods within 30 days. Consumers elsewhere have whatever rights their own law gives them, which these terms do not limit.

Email [hello@example.com] with your order number and a photo of the problem and we will tell you what to do next. We pay return postage on faulty items.

13. Discounts, promotions and gift cards

Discount codes are valid for the period stated, cannot be combined unless we say so, have no cash value, and may be withdrawn. Gift cards are valid for [period], are not refundable and cannot be exchanged for cash except where the law requires it.

14. Using this website

Please do not use this site to break the law, to interfere with how it works, to scrape or copy it at scale, or to attempt to reach parts of it that are not meant for you. We may withdraw access if you do.

15. Reviews and anything else you post

Anything you post must be your own, honest, and not offensive, misleading or infringing. By posting it you give us permission to use it in connection with our shop, without payment. We may edit or remove anything posted, and we do not have to publish a review.

16. Our content

The text, photographs, logos and design on this site belong to us or our licensors and are protected by copyright and trade mark law. You may use them to shop with us and for nothing else without our permission.

17. Other websites

Where we link to somebody else's site, we do not control it and are not responsible for it.

18. Availability of the site

We do not promise the site will always be available or free of errors, and we may suspend it for maintenance or change it. This does not affect the goods you have bought or your rights over them.

19. Our liability

We do not exclude our liability for death or personal injury caused by our negligence, for fraud, for defective products under product liability law, or for anything else that cannot lawfully be excluded.

If you are a consumer, we are responsible for loss that is a foreseeable result of us breaking these terms; we are not responsible for loss that was not foreseeable, or for loss caused by using a product for a purpose it is not sold for.

If you are a business, we are not liable for loss of profit, revenue, business or data, or for indirect or consequential loss, and our total liability for an order is limited to what you paid for it.

20. Events outside our control

We are not responsible for delays caused by something outside our reasonable control, such as extreme weather, strikes, carrier failure or the loss of utilities. We will tell you and, if the delay is substantial, you can cancel and be refunded for anything not delivered.

21. Complaints and disputes

Please email [hello@example.com] first: most things are settled that way, and we aim to reply within [number] working days. If we cannot resolve it, consumers in the EU can refer the dispute to an approved alternative dispute resolution body in their own country, and consumers in the UK to [ADR scheme, if you belong to one]. You can always go to court instead.

22. Governing law

These terms are governed by the law of [country or state], and its courts have jurisdiction. If you are a consumer resident elsewhere, you keep the protections of the mandatory law of the country you live in and may bring proceedings there.

23. General

If any part of these terms turns out to be unenforceable, the rest still applies. If we do not enforce something straight away, we can still enforce it later. You may not transfer your rights under these terms without our agreement; we may transfer ours if our business is sold, and your rights will not be affected. These terms are the whole agreement between us about your order.

24. Contact us

[registered business name], [address]. Email [hello@example.com]. Phone [phone number]. [VAT number].

Model cancellation form

Complete and return this form only if you wish to cancel under section 10.

To [registered business name], [address], [hello@example.com]:

I hereby give notice that I cancel my contract of sale of the following goods: [description]. Ordered on [date] / received on [date]. Name of consumer: [name]. Address of consumer: [address]. Order number: [number]. Signature (only if this form is sent on paper). Date.