Fairman Trading Limited, trading as TheGiftofCake.com, is registered company number 09320295. By making a purchase from Fairman Trading Limited you are agreeing to be bound by these terms and conditions in their entirety. These terms and conditions do not affect your statutory rights.

Warranted by customers
By placing an order a customer is warranting to us that:
– the information they provide is accurate and truthful
– they are at least 18 years of age

Orders will only be accepted via the website. We do not accept orders by email, phone or post unless it is a bulk order (for more than 5 cakes). Orders can be made on the website at anytime. Processing of orders will be undertaken on ‘working days’ which are defined as 9am to 5pm, Monday to Friday, excluding public holidays.

Product Availability
All orders are subject to availability. If a product is out of stock this will normally be indicated on the website. If for some reason the cake is unavailable when we process the order we will do our utmost to contact the purchaser to agree an alternative product. If we are unable to obtain a prompt response from the purchaser then we will not be liable for any delay in delivery.

Order Dispatch
All orders are dispatched on express courier for next-day delivery. We cannot deliver on the day we receive the order. For order dispatch ‘working days’ are defined as 9am to 5pm, Monday to Friday, excluding public holidays. Orders received before 1pm can be dispatched the same day if the order requires it (for delivery the following day). For orders received after 1pm, the earliest date of dispatch will be the next working day.

Delivery Timescale
All UK orders are dispatched by DPD Local parcel service. Orders may arrive up to 2 working days after dispatch although the large majority arrive the next working day. Our delivery times are for guidance and are not a guarantee. We are not liable for delivery delays once an order has been dispatched. Overseas orders (fruit cakes only) are dispatched by DPD International and Royal Mail International service and delivery lead times vary enormously depending on the country of destination (we have given some guidance on the checkout page but this is only advisory and can’t be guaranteed).

Sundays, Mondays and Public Holidays
UK deliveries will not be made on Sundays, Mondays and public holidays.

Delivery Area
For UK deliveries, we only deliver to the ‘GB Delivery Area’ of mainland England, Wales and Scotland (excluding Highlands). We regret that we can’t deliver to the Isle of Man, Isle of Wight, other GB islands, Northern Ireland, BFPO addresses and PO Box numbers. For overseas deliveries (fruit cakes only) we deliver to many parts of the world but we regret there are some countries to which we cannot send cakes because of problems with logistics and/or customs restrictions. The countries we currently mail fruit cakes to are: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, United Arab Emirates, USA.

Overseas Deliveries – Import Taxes and Duties
For delivery to some countries an import tax or duty may have to be paid by the recipient. We regret such charges are beyond our control and we cannot pay them on behalf of the sender or recipient.

Delivery Delays beyond our control
We shall not be liable for late delivery and consequential loss due to circumstances beyond our control. Such circumstances include, but are not limited to:
– The effects of adverse weather conditions, or serious traffic accidents,
– Industrial disputes by postal workers
– Incorrect addresses or postcodes. Additional charges will be made for re-direction due to incorrect addressing.

Tracking and Proof of Delivery
The delivery service provider (DPD Local or Royal Mail) will send an SMS and/or email in advance advising the recipient of impending delivery (subject to the order booker supplying the phone/email details for the recipient). DPD Local and Royal Mail provide a tracking number to allow tracking of the parcel. For UK deliveries DPD Local provide a sophisticated tracking service. Parcels will be scanned upon delivery so that we know it has reached its destination. Responsibility for the parcel by DPD Local or Royal Mail ends at the time it is delivered (defined as the time of the delivery scan).

Pricing and VAT
Products are priced and invoiced in GBP sterling only.
We reserve the right to change prices on the website from time to time.
Orders will be charged at the prices prevailing at the time of ordering.
All prices charged include VAT. In the UK, cake is zero rated for VAT. However, the lovely cake tins are subject to VAT and this is reflected in the pricing.

Payment Methods
Payment can be made by Visa or Mastercard. We do not accept Paypal, Cheques or BACS.

Payment Security
The purchase area of our website is secured using industry standard SSL technology to enable encryption of card details. All card payments are independently validated and authorised and we are not liable for non-delivery of orders for which payment has not been authorised. We reserve the right to terminate transactions with anybody who we suspect of fraudulent practice.

Cancellations, Refunds and Returns
Orders may be cancelled by email. If cancellation of an order is notified to us before the order has been dispatched then it will be fully refunded. We regret we cannot cancel an order after it has been dispatched.
The products are perishable and we cannot provide a refund unless they are proved to be faulty or damaged.

In the very unusual circumstance of simply ‘not liking’ the cake, this does not warrant a refund.

Intellectual Property
All images and content on this website, unless supplied by a user, are the wholly owned property of Fairman Trading Ltd. Any copying without the explicit permission of the owners will be deemed to be an infringement of copyright.
‘The Gift of Cake’ is a registered trademark.
User content (defined as, without limitation, text, images and/or video material) that is submitted to our website, for whatever purpose, is provided on a worldwide, irrevocable, non-exclusive, royalty-free license for us to use, reproduce, adapt, publish, translate and distribute. We reserve the right to edit or remove any such material.

We work hard to ensure our website is fast, helpful and accurate. However, we do not warrant that the website or any of its functions or its server will always operate without interruption or delay or be error-free, or free of defects or bugs, or compatible with all browsers or other software. Accessing the website is at the user’s risk.

These terms and conditions will be governed by and construed in accordance with the laws of England and all users irrevocably submit to the exclusive jurisdiction of the courts of England.

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