These terms and conditions are the terms and conditions upon which Mama Mae’s Cupcakes (“we/us”) makes this website (“Mama Mae’s Cupcakes Website”) available to you and on which we supply and deliver cupcakes and other associated products (“the Services”). You can access our Services via the Mama Mae’s Cupcakes Website, email or by telephone.
“The Contract” means any contract between us and you for the sale and purchase of the Goods, incorporating these Terms and Conditions; ‘the Goods’ means any goods agreed in the Contract to be supplied to you by us.
This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms and conditions carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to purchase from us.
These Terms and Conditions, DO NOT in any way affect your statutory right as a consumer
1. The Seller
Welcome to Mama Mae’s Cupcakes Website.
This site is owned and operated by The Mama Mae’s Cupcakes. If you want to ask us anything about these Terms and Conditions or have any comments on or complaints about our website, please email us at: eat@mamamaescupcakes.com.
2. Ordering and Payment
2.1) A minimum of 1 working days is required for all orders.
2.2) All orders will be acknowledged but are subject to availability of products and acceptance of your order. We will not consider ourselves bound by a contract with you until, we have issued an email acknowledging your order and payment has been taken or received by us, whichever is later.
2.3) Payment may be made by credit card, debit card or bank transfer. No payment shall be deemed to have been received until we have received cleared funds. Payments by credit card or debit card will normally be debited within 24 hours.
2.4) In the event that payment is not received by us by the due date, we shall be entitled to suspend all other deliveries until payment is received and/or repudiate the Contract. In such event, we shall be entitled to sell any Goods in its possession and you shall indemnify us for any loss thereby.
2.5) You will be liable for all costs incurred by us in the recovery of debts not paid by the due date.
3. Our Products
3.1) Products made in the kitchens of Mama Mae’s Cupcakes are made by hand and accordingly there will be minor variations in appearance. All illustrations and descriptions displayed on Mama Mae’s Cupcakes Website or distributed by email, brochure or in any other way are for guidance purposes only and will not form part of the Contract.
3.2) We reserve the right to make alterations to the design, appearance and technical specifications of our products from time to time and at such time or at any other times, to make alterations to our advertised information concerning such Goods, without notice. We reserve the right to substitute some or all of the contents or packaging with an item of equal or greater value without notice.
3.3) Product ingredients include eggs, flour, milk and butter and may contain traces of nuts. Contact us, if you wish to enquire about product ingredients before ordering.
4. Prices
4.1) Prices stated include VAT as applicable.
4.2) Delivery charges are indicative. We reserve the right to charge the actual cost of delivery without notice.
5. Delivery
5.1) Our delivery radius is central London. We can deliver to nearly all Zone 1 and central Zone 2 locations. If you fall outside of these zones, simply contact us to find out if we can still deliver to your location/address. Alternatively, you can pick up your order from our Cupcake Collection Point in East London (Mama Mae’s Cupcakes @ Pink Crust ~ 220 Graham Road, London E8 1BP). We do not deliver to the Republic of Ireland except Dublin or to any other country outside the United Kingdom.
5.2) We will endeavour to deliver on the date that you specified in your order from Monday to Saturday between 9 am – 6 pm, Sunday 9 pm – 3 pm.
5.3) Only one delivery date will apply per order. If multiple delivery dates are chosen in one order, we reserve the right to charge an additional amount for delivery on different dates. We will contact you before charging any additional amount.
5.4) If products are damaged in transit, the maximum amount payable in respect of these products will be limited to the price of the products damaged. See further clause 5.5 below.
5.5) Subject to the other provisions of these Terms and Conditions we will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence), nor will any delay entitle you to terminate or rescind the Contract unless such delay exceeds 30 days.
5.6) Delivery notes must be checked and signed by you or on your behalf at the time of delivery.
5.7) It shall be your duty to examine the Goods upon delivery to ensure that the delivery is complete and that the Goods have not been damaged in transit.
5.8) If for any reason you will not accept delivery of any of the Goods when they are ready for delivery, or we are unable to deliver the Goods on time because you have not provided appropriate documents, instructions, licences or authorisations:
- 5.8.1) risk in the Goods will pass to you (including loss/damage caused by any negligence by us);
- 5.8.2) the Goods will be deemed to have been delivered; and
- 5.8.3) we may store the Goods until delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance).
5.9) If you properly reject any of the Goods which are not in accordance with the Contract you shall nonetheless pay the full price for such Goods unless:
- 5.9.1) you give written notice of rejection to us within three working days of delivery;
- 5.9.2) and you return such Goods to us at your own cost with our prior consent within five working days of delivery.
5.10) We shall not be liable whatsoever if you fail to give such notice of damage or non-delivery and any such damage to the goods shall be deemed to have occurred after transit or delivery, unless the contrary is proven by you.
5.11) You are required to enter full and accurate details, including the name, address and postcode, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
5.12) Deliveries to hospitals, military bases and business addresses will be delivered to a main reception or mailing room prior to internal distribution. Deliveries cannot be made to PO Box addresses. All deliveries made to hospitals must include the ward name or number in the relevant address field.
6. Force Majeure
Neither we, nor any courier that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
7. Cancellation
Only order amendments or cancellations which are given at least 48 hours before the intended delivery date may be accepted.
8. Customer Services
Because of their perishable nature, all our cupcakes are non-returnable.
If you are not completely satisfied with your order, please contact us with your reason(s) along with any supporting evidence. In addition, for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 day of the date of delivery.
9. Disclaimer
9.1) Whilst we agree to use our reasonable endeavours to ensure that Mama Mae’s Cupcakes Website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of Mama Mae’s Cupcakes Website or Services and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of Mama Mae’s Cupcakes Website and/or the Services impossible or impractical.
9.2) While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice.
9.3) The content, information and material on this Website is provided “as is” without any conditions, warranties or other terms of any kind.
10. Intellectual Property and Content
10.1) The copyright and other intellectual property rights in all content and material on this Website (including without limitation the name “Mama Mae’s Cupcakes”, photographs, logos, trade marks and graphical images) are owned by Mama Mae’s Cupcakes, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved.
10.2) You may print and download extracts from this Website solely for your own personal use on the following basis:-
- 10.2.1) no documents or related graphics on this Website are modified, or used separately from the accompanying textin any way
- 10.2.2) our copyright and trade mark notices and this permission notice appear in all copies.
10.3) Except as stated in Clause 10.2 above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
10.4) Use of any extracts from this Website except in accordance with the above permissions is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to:-
- 10.4.1) publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website
- 10.4.2) use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business/enterprise.
- 10.4.3) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website. If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
11. Visitor Material and Conduct
11.1) Other than personally identifiable information which is covered under the Privacy Policy, any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licences to enable us to do so.
11.2) You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
- 11.2.1) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
- 11.2.2) that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
- 11.2.3) for which you have not obtained all necessary licences and/or approvals;
- 11.2.4) which is technically harmful (including without limitation, computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- 11.2.5) which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website;
- 11.2.6) which involves sending any unsolicited advertising or other promotional material, commonly referred to as “Spam”.
11.3) We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
11.4) You shall fully indemnify Mama Mae’s Cupcakes Limited and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 15.
12. Links To This Website
12.1) If you would like to create a link to this Website, please contact us first at: eat@mamamaescupcakes.com to request permission. We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate. Any links to this website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:-
- 12.1.1) you do not remove, distort or otherwise alter the size or appearance of our branding;
- 12.1.2) you do not create a frame or any other browser or border environment around this Website;
- 12.1.3) you do not in any way imply that we are endorsing any products/services other than our own;
- 12.1.4) you do not misrepresent your relationship with us, nor present any false information
- 12.1.5) you do not otherwise use any trade marks and trading names displayed on this Website, including Mama Mae’s Cupcakes, without our express prior written permission;
- 12.1.6) you do not link from a website that is not owned by you;
- 12.1.7) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
13. General
13.1) We have taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products.
13.2) Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
13.3) We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply Goods as advertised we will notify you, except that we reserve the right to substitute goods or packaging of equal or greater value in the event of such supply difficulties.
13.4) We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
13.5) We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to Mama Mae’s Cupcakes Website and/or the Services from time to time. We will post any changes on Mama Mae’s Cupcakes Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Mama Mae’s Cupcakes Website or the Services. Changes will be effective immediately after the posting of such change.
13.6) We reserve the right to suspend, restrict or terminate access to Mama Mae’s Cupcakes Website and/or the Services for any reason at any time.
13.7) These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in The Mama Mae’s Cupcakes Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.8) We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
13.9) A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right/remedy which exists apart from that Act.
13.10) Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
13.11) Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts.