1. Terms and Conditions for Visitors

This website arapina.co.uk (“the Site”) is owned and operated by the company ARAPINA (“us”, “our” or “we”).

Arapina is a VAT registered company (GB230 0618 59) incorporated in England and Wales and whose Registered Office is at 8 Little Thames Walk, London SE8 3FB.

This document is only available in English.

The following constitutes a legal agreement between a visitor (“you”) and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.

Our Site is established to enable you to choose and purchase products from our Site (“Products) that we offer for sale online.

2. Accessing Our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.

3. Terms & Conditions for Purchase of Products

3.1. Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.

3.2. Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order. The Order Confirmation email will be accompanied by an invoice.

3.3 If you notice an error in the Order Confirmation you must notify us by telephone by 12.00 noon the day before the order is due to be collected or delivered.

3.4 If you wish to cancel your order for any reason, you must notify us by 12.00 the day before the order is due to be collected or delivered. A refund will only be made to the same account ,which your order was placed.

3.5 If you wish to change your order, or change the date or time of delivery/collection you must notify us by telephone, before 12.00 the day before your order is due to be collected or delivered. Telephone numbers to be found on the contact page of our Site.

3.6 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.

3.7 As our Products are custom made and perishable your legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, does not apply.

3.8 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4. Price & Payment

4.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.

4.2 Our prices include VAT (if payable) but exclude delivery costs, which will be added to the total amount due before completion of your order. Until our delivery charges button is fully functional, please contact the company at +44(0)7503 395 355, +44 (0) 208 469 1764 or through our contact page in order your delivery charges to be calculated. The company is not obliged to dispatch any items that delivery charges have not paid for, unless stated otherwise.

4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.

4.4 If we are no longer able to supply a particular Product for some reason, we will contact you by email to inform you.

4.5 Payment for all Products must be by paypal account or bank transfer. We will send you an invoice upon receipt of payment.

5. Products, Availability, Delivery & Collection

5.1 The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you from our kitchen or markets.

5.2 We use organic, fresh and fair-trade ingredients however we cannot always guarantee availability from our suppliers. In these cases we will look for the closest in quality replacement that is available.

5.3 All our products are free from additives, artificial colours, GMO and ingredients that we cannot pronounce their name.

5.4 We need 48 hours notice to dispatch any product ordered, although in many cases we are able to dispatch items on the same day.

5.5 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products will vary slightly from those images especially as each product is handmade and decorated and we may change the manner in which the Product is decorated.

5.6 If for any reason you find yourself unable to collect your order from the above, we will retain your ordered products for collection by you for 24 hours, or upon payment of the delivery charge we may be able to arrange to deliver to you within our delivery time slot and delivery zone during the next 24 hours (subject to delivery availability).

5.7 We deliver orders to the delivery address provided between the hours of midnight and 3:00 p.m. All products are packaged in sturdy, double-walled boxes designed to prevent damage during transit.

5.8 If specific delivery instructions, such as a designated safe location or delivery to a concierge, are provided we will endeavour to follow those instructions. Upon delivery, our driver will take a photograph of the package as proof of delivery.

5.9 Once delivery has been completed in accordance with the provided instructions and photographic proof has been supplied, Arapina shall be released from any further liability. This includes, but is not limited to, any loss, damage, or theft of the products after delivery has been executed. It is the responsibility of the recipient to ensure that the designated delivery location is secure and appropriate for receiving the goods.

5.10 In order for us to hand over the ordered Products upon collection or delivery, the recipient must provide to us the valid Order Confirmation number and must also sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.

6. Risk & Title

6.1 The Products will be at your risk from the time you collect the Products from our shop or we deliver them to you.

6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.

6.3 We shall not be liable for any loss, damage, or theft of the Products after delivery has been executed in accordance with the provided instructions and photographic proof of delivery has been supplied. It is the responsibility of the recipient to ensure that the delivery location is secure and suitable for receiving the Products.

7. Returns Policy

7.1 Upon the order of a wedding/event cake both parties will agree on the decoration via email or written form and no return can be accepted.

7.2 Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.

7.3 We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.

7.4 We will not accept the return of any Products which have been purchased from any outlet other than this online Site.

7.5 The provisions of this clause do not affect your statutory rights.

8. Our Right to vary these Terms & Conditions

8.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

8.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

YOUR AGREEMENTS

YOU AGREE that:-

8.3 it is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct.

8.4 it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;

8.5 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name. You will not allow others to use your user name and you will notify us immediately of any unauthorised use of your user name. We shall not be responsible for any losses arising out of the unauthorised use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;

8.6 we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

8.7 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);

8.8 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

8.9 variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

9. System Requirements

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.

10. Misuse of the Site

10.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.

10.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.

11. Indemnity

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

12. Assignment

12.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

12.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

13. Disclaimers

13.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

Concerning the Site:

13.2 You understand and agree that your use of the Site is at your own sole risk. The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

13.3 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

13.4 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.

13.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

Concerning the Products:

13.6 The Products ordered are fresh on the day of delivery to or collection by you and will remain fresh for a further 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.

13.7 Products which were due to be collected by you from one of our shops and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.

13.8 We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from one or our shops if they are damaged during transit to your home.

13.9 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.

14. Third Party Rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

15. Law & Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

16. Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from every page of our website arapina.co.uk

17. How we use your personal information

We only use your personal information in accordance our Privacy and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.

18. Your legal rights

You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

Relating to our Products:

18.1 The Products ordered are fresh on the day of delivery to or collection by you and are best consumed that day.

18.2 Cakes will remain fresh for a further 5 days from the time of delivery or collection. Products kept for longer period than 3 days are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.

18.3 Jars and chocolate will have a ‘best before’ date stamped on them

18.4 Products which were due to be collected by you from the designated location and which you failed to collect on the appointed day or Products which we have taken back to our kitchen because you were not available to receive the same during the delivery slot agreed for you, will be kept refrigerated but we cannot accept any responsibility for deterioration of the Products.

18.5 We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from the designated location if you or your courier/agent have signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection/delivery.

18.6 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product, which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.

18.7 We will notify you of any Product containing nuts, gluten or gelatine on the specific Product’s web page. However, since our kitchens do handle nuts we cannot guarantee that traces of nuts will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.

19. Transfer of Rights and Third Party Rights

19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

20. Applicable Law

These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

21. Communications between us

21.1 When we refer, in these Terms, to ‘in writing’, this will include e-mail.

21.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to [email protected] or by pre-paid post to Arapina, 8 Little Thames Walk, London SE8 3FB. We will confirm receipt of this by contacting you in writing, normally by e-mail. You must provide us with your contact address, e-mail and telephone number.

21.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

22. Your Acknowledgement to Us

22.1 You acknowledge that we may change these Terms by posting new or updated Terms on our Site.

22.2 You acknowledge that it is your responsibility to check our Site regularly to ascertain if changes have been made and your continued use of our Site after such a change will constitute your acceptance of the changes.

22.3 By reading these terms together with our Privacy and Cookies Policy and continuing to use our Site you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy and Cookies Policy both of which are available on our Site.