Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS - The Short Version
1. This website is operated by O'Carrolls Cakes Ltd. Where these terms and conditions use terms such as "we", "us" and "our" they refer to O'Carrolls Cakes Ltd.
2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
GENERAL CONDITIONS
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered has elements that we cannot temporarily source from our suppliers.
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order.
14. When your order has been dispatched you will receive an email confirming your order has been shipped with our courier.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
DELIVERY
18. During checkout, you may be presented with one or more options for delivery. Where an estimated delivery date is provided, this is an estimated date only and your items may be delayed by upto 24 hours in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
18a. We do not guarantee a specific delivery day. Therefore refunds are not available if your order does not arrive on the estimated delivery day that you select or if it arrives on the following day. However, we will consider a request to refund if your order arrives more than 48 hours after your estimated delivery day.
18b. Our courier does not deliver on Saturdays, Sundays or Bank Holidays.
COLLECTION
19. During checkout, you may be presented with one or more options for collection. Please state a preferred collection date and we will email you once we receive your order to re-confirm your order details including your collection time and date.
ORDER CANCELLATION
20. Where you have ordered a personalised or perishable item (such as food, or e-vouchers) you may not be able to cancel for a full refund.
21. If you wish to change or cancel an order you have placed then you must contact us immediately to ascertain whether the items have been made or dispatched or not. Where they have NOT been made or dispatched, we will accept a request to change or cancel an order.
22. If the item arrives damaged or defective then please notify us within 24 hours of delivery with a photo of the damaged or defective item in order that we can consider a suitable refund. The item should be returned to us within 72 hours. Buyers are responsible for return postage costs.
LIABILITY AND INDEMNITY
23. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
24. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
JURISDICTION
25. These terms and conditions shall be governed in accordance with Irish Law and are subject to the exclusive jurisdiction of the courts of Ireland.
ENTIRE AGREEMENT
26. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (also available through this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
GENERAL
27. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
28. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
GIFT VOUCHERS
29.
We offer the purchase of e-gift vouchers that can be used instead of money to pay (or pay in part) for goods and services. The voucher is like cash that you hand over in exchange for goods and services.
Our Gift vouchers are valid for 5 years from the date of issue. They can be purchased at www.cakemail.ie/gift-voucher
The gift voucher can be used to purchase any available item in the same way as would apply to a cash / card purchase.
Once the Gift Voucher is purchased - a code will be sent by email. The purchaser can redeem the gift voucher by using the code themselves or print or send the email to someone else to use if the gift voucher is a gift for someone else.
Purchases made will use the balance on the gift voucher. If some balance remains, then it can be used on subsequent purchases until no more balance remains.
TERMS AND CONDITIONS OF BUSINESS - The Long Version