Please read our terms & conditions of sale carefully. They will apply for any order for items from Little Molly’s Cheesecake. Please note that by ordering any goods, you agree to these terms. Please also feel free to retain a copy of these for future reference.
This website is operated by Little Molly’s Cheesecake (‘we’,’us’ or ‘our’)
1.2 Any reference we make to ‘you’ or ‘your’ is a reference to you our customer and to your rights and obligations.
1.3 Goods displayed on our website can be ordered from us online through emailing us at littlemollyscheesecake.co.uk . If there is anything you do not understand or wish explaining further , please don’t hesitate to raise this at the point of ordering.
1.4 Your order constitutes an offer to us to buy our goods. All orders are subject to availability & subject to acceptance by us. We will confirm such acceptance to you by sending you an order confirmation. The contract between us (the ‘contract’) will only be formed when we send you over the order confirmation.
1.5 The contract will relate to only those goods confirmed in the order confirmation. If you add to your original order at a later date we will send a new order confirmation to include the new goods.
1.6 By placing an order you are confirming that :-
1.6.1 You are 18 years or over and
1.6.2 You have read and agree to the terms & conditions
1.7 Please understand that if you refuse to accept this terms, you will not be able to order any goods from us.
1.8 The contract may be subject to your right of cancellation (see below clause 3.3)
1.9 The description and the price of goods you order will be shown on our website at the time you place your order and also in your order confirmation. We also offer a bespoke non – standard service, where goods can be ordered by special arrangement.
2.0 The price of goods include collection from either of our collection points. Additional delivery charges within our delivery radius can be discussed either via email :[email protected]
2.1 The goods are subject to ingredient availability. You will be informed if any goods can not be produced and in such an event we would offer you an alternative.
2.2 Please be aware that all our goods may contain nuts or traces of nuts.
2.3 We will always ensure that the prices quoted on our website are accurate at the time you place your order. We will verify prices when we give you your order confirmation.
2.4 Prices are liable to change at any time, but any changes made will not affect orders where you already have your order confirmation.
2.5 Payment for goods may be made via bank transfer or card payment.
2.6 We can deliver to Aberdeen + 10km , at a cost to yourself that has previously been agreed.
2.7 Delivery will be made on a date that has been agreed when you place your order, upon agreeing this date you are confirming someone will be home to sign for the item.
2.8 You can collect from Aberdeen, Bridge of Don on a date and time that has been agreed at point of order and confirmed on your order confirmation.
3.0 We will arrange a time for delivery/collection once your order has been confirmed and an order confirmation sent.It is essential that you , or someone on your behalf, will be available to receive your goods at the delivery address at the agreed delivery time.If someone at that address other than you accepts delivery of the goods we are entitled to assume that person is authorised by you to do so.
3.1 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If this does happen we will contact you on the number provided by you at the point of ordering to update you and if necessary reschedule your delivery time and date.
3.2 If no one is at the delivery address when delivery is attempted then the following arrangements will operate as the order contains frozen perishable goods:
3.2.1 As the goods are not frozen, they will be taken back by our driver and we will be unable to arrange a further delivery because of the perishable nature. In addition,since the goods cannot be resold, and since we have occurred a delivery charge, we will be entitled to retain the full price of the goods paid by you.
3.3 In the case of perishable goods, you may amend or cancel your order by contacting us by email at littlemollyscheesecake.co.uk or by telephone on 07498988555 prior to the following cut off times
3.3.1 In the case of delivery service no later than 2 days before delivery is due to take place
3.3.2 In the case of collection service no later than 2 days before collection is due to take place
3.4 If you fail to collect from the arranged collection point and you have not cancelled or amended your date/time with us, we will in this instance be entitled to keep the value of your order.
3.5 If you cancel or amend your order for perishable goods within the time limits stated in clause 3.3.1 and 3.3.2 then within 30 days of the amendment/cancellation we will credit your payment method with the appropriate sum.
3.6 Where you amend or cancel your order for perishable goods outside of the time limits in clause 3.3.1 and 3.3.2, we will be unable to resell any unwanted goods since they are freshly made to order and we will also have incurred a charge to our courier on the booking of your delivery(if applicable). Accordingly, we will be entitled to retain in full the price of the goods paid by you.
3.7 Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect goods, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by telephone on 07498988555
We may then at our discretion, require you to send us a photograph of the goods which are subject of the complaint. We may also require you to return the cake to us, in which case we will arrange to collect this from you.
3.8 You should note that where you order any cake with a topping, the topping by its nature may become dislodged during transit. In most cases, you will easily be able to replace the topping on the cake and this will not in any way affect the quality of the cake itself. Accordingly, in that event, you will be entitled to the remedies under clause
3.7.1 if there is some other problem with the quality of the cake after the topping has been replaced.
3.8.1 make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
3.8.2 where you have paid the price of short delivered or unsatisfactory goods by bank transfer,refund the appropriate sum to your payment method.
3.8.3 We will not require payment of any additional delivery charge in respect of the replacement of goods or making good their shortfall in these circumstances.
4.0 If either of us fails to comply with these terms, the relevant party will only be responsible for losses which are a direct and foreseeable consequence of the failure to comply with these terms.
4.1 We will not be responsible for any loss or damage to goods after you have taken delivery of them except as set out in these terms.
4.2 We cannot accept liability for losses which were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any contract will be limited to refunding you the price you paid for the goods in question
4.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any our our obligations under these terms that is caused by events outside our reasonable control.(‘Force Majeure Event’)
4.4 A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
4.4.1 strikes,lock outs or other industrial action; or
4.4.2 civil commotion, riot, invasion,terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
4.4.3 fire, explosion,storm,flood,earthquake,subsidence,epidemic or other natural disaster; or
4.4.4 impossibility of the use of any relevant means of public or private transport; or
4.4.5 impossibility of the use of public or private telecommunications networks.
4.5 Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to close or find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.
4.6 You may not transfer any of your rights and obligations under these terms to another person without our prior written consent
4.7 We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
4.8 Making a complaint, we welcome any form of feedback to help us improve the service we offer. if you want to make a complaint please
contact us at littlemollyscheesecake.co.uk or by calling 07498988555
4.9 We will try to resolve any disagreements quickly and efficiently. We endeavour to respond to all complaints within 14 days. We will keep you informed as we handle your complaint and we will in most cases be able to resolve this fully for you within 30 days.
5.0 Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
5.1 All rights, including copyright,trademarks,names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these terms confers on you any license or right under any of our trademarks,names or logos or those of any third party.
5.2 The content of our website is and remains our property
5.3 Applicable laws require that some of the information or communication we send to you should be in writing. When using our site, you accept that communications with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website.
5.4 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts,notices,information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
5.5 All notices given by you to us should be given to us via email at littlemollyscheesecake.co.uk
5.6 We may give notice to you at either the email or postal address you provide to us when placing an order.
5.7 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent,or three days after the date of posting of any letter.
5.8 In proving the service of any notice, it will be sufficient to prove,in the case of a letter, that such letter was properly addressed, stamped & placed in the post and, in the case of an email, that the email was sent to the specified email address of the address.
5.9 We may change these terms without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understand the current version of our terms.
6.0 A person who is not party to these terms shall not have any rights under or in connection with them under the contracts (rights of third parties) act 1999.
6.1 If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so in Scotland.
6.2 These terms will be governed by Scotish law.