Terms & Conditions

These terms
- What these terms cover. These are the terms and conditions on which we supply Products and Classes to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products and Classes to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us

- Who we are. We are Fair Cake Limited a company registered in England and Wales. Our company registration number is 06458291 and our principal place of business is at 119-120 Western Road, First and Second Floors, Brighton BN1 2AD.

What we offer. We offer:

- - Physical goods that can be purchased from our online shop located at https://faircake.co.uk/product-category/shop/, such as baking and cake decorating products (“Products“)
  - Physical in-person classes, more details of which can be found at https://faircake.co.uk/product-category/classes/ (“In-person Class(es)“); and
  - Virtual online classes via our website, which include access to online content prior to your booked virtual online class(es) (“Online Class(es)“. In order to access Online Classes, you will need to set up an online account on our website – see clause 4 below. Online Classes, together with In-person Classes, referred to as (“Classes“).
- How to contact us. You can contact us by telephoning our customer service team at +44 208 305 1756 or by emailing us at hello@faircake.co.uk or writing to us at Fair Cake Limited, 119-120 Western Road, First and Second Floors, Brighton BN1 2AD.

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product/Class. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product/Class or because we do not have availability on the date that you have specified (when booking a Class).
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Your account

Setting up your account. In order to book and access Online Classes and/or pay for In-person Classes you will need to set up an account on our Website. In order to set up your account, you must complete the following steps:
- visit our Website;
- complete and submit the online registration form, providing your name, mobile telephone number, residential address, email address and a password.
Use of your personal details. All personal details you give to us when setting up and/or using your account, making bookings for Classes and purchases for Products will be collected and processed in accordance with our privacy policy.
Accuracy of your personal details. You confirm that all registration information and other personal details that you provide to us is, and will be, true and accurate. Any inaccurate information may invalidate your account and subsequent purchases, bookings and other requests for the Products and Classes. You will also keep us promptly updated of any changes to your registration information and other personal details.
Keeping your details up to date. You are solely responsible for keeping your registration and other personal details (including your email and password) for your account confidential. You agree to notify us immediately if you suspect that any third party has used your account or had access to your password. You are responsible for any and all use of your account. We strongly recommend that you use a secure password.
Keeping your personal details confidential. You agree that you will not disclose your password to any other person or allow any other person to use your account, and you agree not to use the account, display name, email address or password of another customer of the Products and Classes at any time. You shall be solely responsible for all use of and activity performed through your account, and may be held liable for losses incurred by us or any other user of the Products and Classes caused by someone else using your account.
How you may use material on our site. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your non-commercial, personal use provided that:
- you do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, license or otherwise use the paper or digital copies of any materials you have printed off or downloaded in any way without our written permission;
- you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
- our copyright and trade mark notices appear in all copies and you acknowledge our website as the source of the material;
- our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged; and
- the person to whom you providing these materials are made aware of these restrictions.

If you print off, copy, download, share or repost any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our Products/Classes
- Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Class skill level. We offer baking Classes targeted at various skill levels. If you are not sure if you have the right level of skills or experience for a particular Class, or would like advice about which Class would be most suitable, please contact us before booking and we can help you assess which Class is right for you. Please note: we can only offer guidance and cannot be held liable if you book a Class much higher or lower than your actual skill level.
Your rights to make changes

If you wish to make a change to the Product and/or Class you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product and/or Class (as relevant), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 – Your rights to end the contract).

Our rights to make changes
- Minor changes to the Productsand Classes. We may change the Product/Class content:
  - to reflect changes in relevant laws and regulatory requirements; and
  - to implement minor technical adjustments and improvements. These changes will not affect your use of the Products and/or Classes (as applicable).
- Material changes to the Products and Services. If we need to make material changes to the Products or Classes we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any part of the Products and/or Classes (as applicable) paid for but not received.

Providing the products and classes

Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products and classes. During the order process we will let you know when we will provide the Products and/or Class(es) (as relevant) to you.
- If you have ordered Products. If you have ordered Products we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- If you have ordered an In-person Class (for example a one day masterclass with physical attendance in person). We will begin the In-person Class services on the specific date of the In-person Class as set out in the order.
- If you have ordered an Online Class (for example an online decorating class). We will begin the services when you first access your online account, as you will have access to online content and we will deliver the Online Class on the specific date(s) set out in the order.
- If you have ordered a Class, which is for ongoing services (for example a two day masterclass). We will supply the Class services to you on the specified dates until the services are completed or we end the contract by written notice to you as described in clause 11.
We are not responsible for delays outside our control. If our supply of the Products and/or Classes is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products and Classes you have paid for but not received.
If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
Your legal rights if we deliver goods late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 8, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0) 208 305 1756 or email us at hello@faircake.co.ukfor a return label or to arrange collection.
When you become responsible for the A Product will be your responsibility from the time we deliver the Product to the address you gave us.
When you own You own a Product once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products and Classes to you, for example, your delivery address. If so, this will have been stated in the description of the Products and Classes on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products and Classes late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of Products and Classes to you. We may have to suspend the supply of a Product and/or Class (as relevant) to:
- deal with technical problems or make minor technical changes;
- update the Product and/or Class to reflect changes in relevant laws and regulatory requirements;
- to comply with government guidelines; and/or
- make changes to the Product and/or Class as requested by you or notified by us to you (see clause 7).
Your rights if we suspend the supply of Products and Classes. We will contact you in advance to tell you we will be suspending supply of the Product and/or Class, unless the problem is urgent or an emergency. If we have to suspend the Product and/or Class for longer than four (4) weeks, we will adjust the price so that you do not pay for Products and/or Class while they are suspended. You may contact us to end the contract for a Product and/or Class if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four (4) weeks and we will refund any sums you have paid in advance for the Product and/or Class in respect of the period after you end the contract.
We may also suspend supply of the Products and Classes if you do not pay. If you do not pay us for the Products and/or Class when you are supposed to (see clause 4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Products and/or Classes until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products and/or Classes. As well as suspending the Products and/or Classes we can also charge you interest on your overdue payments (see clause 13 – We can charge interest if you pay late).
Our legal obligations are fulfilled once we have provided the class to you. Where you have booked on to a Class, our legal obligations in respect of such Class shall be completed once we have provided the content of the Class to you (as described on our website).

Your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If a Product that you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the Product, see clause 3. You may be able to get a refund for the purchase of a Product if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in the sub-bullet points below, the contract will end immediately and we will refund you for any Products and Classes (or part thereof), which have not been provided and you may also be entitled to compensation. Please note that in relation to the Online Classes, you are deemed to have received part of the Online Classes when you log in to your online account and access any of the online content available to customers of Online Bookings only. The reasons are:
- we have told you about an upcoming change to the Product and/or Classes or these terms which you do not agree to (see clause 2);
- we have told you about an error in the price or description of the Product and/or Classes you have ordered and you do not wish to proceed;
- there is a risk that supply of the Products and/or Classes may be significantly delayed because of events outside our control;
- we have suspended supply of the Products and/or Classes for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four (4) weeks; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 8).
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- Classes, as they are leisure activities for a specific date or period of performance;
- Products which are liable to deteriorate or expire rapidly, such as consumables;
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- any Products which become mixed inseparably with other items after their delivery.
How long do I have to change my mind?How long you have depends on what you have ordered and how it is delivered.
- Have you bought a Product (for example, cake decorating equipment)? If so (subject to the exclusions above) you have 14 days after the day you (or someone you nominate) receives the Products, unless:
  - Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract in respect of your purchase of Products before it is completed. A contract for Products is completed when the Product is delivered. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Please see clause 10 below for further information on the deductions that we would make.

How to end the contract with us (including if you have changed your mind)

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on +44 208 305 1756or email us at hello@faircake.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form on our website here co.uk/contact.
- By post. Copy, complete and print off the cancellation form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Model Cancellation Form:

To: Fair Cake Limited of 119-120 Western Road, First and Second Floors, Brighton BN1 2AD. Company number: 06458291.

E-Mail: faircake.co.uk/contact

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract for the supply of the following Products (*).

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if this form is notified on paper)

Date

(*) Delete/complete as appropriate

- Returning products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to where you bought them, post them back to us at 119-120 Western Road, First and Second Floors, Brighton BN1 2ADor (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0) 208 305 1756 or email us at hello@faircake.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.

When we will pay the costs of return. We will pay the costs of return:
- if the Products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

How we will refund you. In respect of any refunds due to you, we will refund you the price you paid for the Products and/or Classes including delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

Deductions from refunds where we are not at fault and there is no right to change your mind. Subject to the exclusion detailed below in relation to Online Classes, you may cancel your booking and receive a refund for Classes as follows: If you are unable to attend a Class or wish to cancel a Class that you have booked on to, please contact us to let us know. If you notify us 14 days or more prior to your Class date, then we will refund you any sums that you have paid in respect of the Class. If you notify us between 14 – 7 days prior to your Class date, then we will refund you 80% of the sums that you have paid in respect of the class. If you notify us between 7 – 2 days prior to your Class date then we will refund you 50% of the sums that you have paid in respect of the Class. If you do not turn up to your booking or notify us less than 48 hours prior to your Class date that you wish to cancel, then no refund will be made.
The above cancellation fees represent reasonable compensation for the net costs we will incur as a result of your ending the contract.

If you log in to your online account and access any of the online content available to customers of Online Bookings only, you lose your right to cancel and receive a refund as set out above.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in relation to a purchase of Products, then:
- If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract

We may end the contract if you break it. We may end the contract for a Product and/or Class at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due, or prior to the commencement of a Class, whichever is earlier;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, you do not provide your delivery address or deliver the Class, for example, an email address to set up your online account;
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.

You must compensate us if you break the contract. If we end the contract in the situations set out above in this clause 11 we will refund any money you have paid in advance for Products and/or Classes that we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. If we end the contract more than 14 days prior to your class date, then we will refund you any sums that you have paid in respect of the class. If we end the contract between 14 – 7 days prior to your class date, then we will refund you 80% of the sums that you have paid in respect of the class. If we end the contract between 6 – 2 days prior to your class date then then we will refund you 50% of the sums that you have paid in respect of the class. If we end the contract less than 48 hours prior to your class date, then no refund will be made.
The above cancellation fees represent reasonable compensation for the net costs we will incur as a result of your ending the contract.
We may withdraw a Productand/or Class. We may write to you to let you know that we are going to stop providing such Product and/or Class. We will let you know at least seven (7) days in advance of our stopping the supply of a Product and/or Class and will refund any sums you have paid in advance for Products and/or Classes which will not be provided.
Covid-19. The UK government has introduced public health measures to restrict the spread of coronavirus. This can include the introduction of certain laws that create legal restrictions on certain activities (referred to as “Lockdown Laws”). Certain Lockdown Laws may apply geographically or in relation to specific activities only. In addition, the government has issued guidance about what people should do in place of or in addition to some Lockdown Laws. It is important to understand that Lockdown Laws are legally binding, whereas government guidelines are not legally binding (however should be adhered to nonetheless). Please review the clauses below to understand what happens when your booking is affected by Lockdown Laws or government guidelines.
Where we are unable to operate Classes due to Lockdown Laws. If we are unable to operate Classes due to Lockdown Laws and this coincides with the date of your booking for a Class, then we will issue you with a refund of any monies paid for such Class or part thereof), which have not been provided or alternatively you may transfer your booking for a Class to another date at no extra cost.
Where you are unable to attend classes due to Lockdown Laws. If we are operational but you are prevented from attending your Class booking because of Lockdown Laws or Government guidance (which you must inform us of in advance), then we will allow you to re-book your Class to another date at no extra cost.

If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about a Product and/or Service, please contact us. You can telephone our customer service team at +44 (0) 208 305 1756 or write to us at hello@faircake.co.uk.
Summary of your legal rights. We are under a legal duty to supply Products and/or Classes that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products and Classes. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If you purchase Products (i.e. goods), for example a baking tray, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

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