Terms & Conditions

Our Terms and Conditions specify the terms of your agreement with Ibizacakes.com (us, our or we), the use of our website (www.ibizacakes.com) and all orders that you make with us via our website or through other means.  Please read these carefully as they affect your rights and liabilities under the law.  By ordering via our website/email you agree to be bound by our Terms and Conditions.  Your statutory rights are not affected.  Our Terms and Conditions were last updated on 10th May 2009
Terms & conditions of using ibizacakes website.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ibizacakes's relationship with you in relation to this website.
The term ibizacakes or ibizacakes.com or "us" or "we" refers to the owner of the website Hedley Paul Spargo whose registered office is 5 Falconry Court, Fairfield South, Kingston upon Thames. KT1 2UR.  United Kingdom. The term "you" refers to the user or viewer of the  website.
The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only.  It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your
  specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without ibizacakes's prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Terms and conditions of supply
Registration

• In order to buy from us we require you to register – that is simply to formally provide details of your name, address,  postcode and telephone number.  This is known as your ‘personal account’.  This is not a credit account and payment is required upon delivery of goods.
• You must be a private customer to buy from us.  If you are a company or intend to resell or otherwise circulate the goods you buy for a commercial purpose, you may register as a ‘trade purchaser’ and establish a ‘trade account’. Again, this is not a credit account and payment is required upon delivery of goods. However, you must contact us to seek our written consent prior to placing any order.
• You must be aged over 18 years to register and buy from us.
• This agreement is personal to you or your company and is not capable of being assigned or transferred to a third party.
• You must ensure that the details you provide are correct and up-to-date, and you agree to  inform us without delay of any changes, by updating to us your personal/company details.
• When you set up an account, you will be asked to select a password.  You must keep this password confidential and not disclose it or share it with anyone.  You are responsible for all activities and orders that occur or are submitted under your password.  If you suspect that anyone has access to your password you must contact us immediately.  If we believe that there has been (or is likely to be) a breach of our Terms and Conditions or a misuse of our site, we may in our absolute discretion cancel or suspend your account without notice or require you to change your password.  You can cancel this agreement at any time by informing us in writing.  If you do so, you must stop using our website immediately.

Ordering

• You may place an order via our online ordering system at any time after you have created an account.

• We will confirm acceptance of your order by email or by telephone.  We may do both, and in which case the acceptance will occur on whichever arrives sooner.   At this point the purchase contract is made and we will supply you with the goods in accordance with our Terms and Conditions.
• When we accept an order we will do all that we can to fulfil that order.  However, products are subject to availability and market conditions and we do not always know that a product will be available at the time of accepting an order.  If we are unable to deliver an item we will inform you and remove it from your order.  If you have already paid, we will refund you the price.  We shall not be liable for any losses sustained as a result of the unavailability of products.
• Where items are ordered and sold individually by weight the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed.  Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price for the actual weight you receive.
• Whilst we take every care in the preparation of the content of our website, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on our website.
• The prices stated on our website will be exclusive of VAT (where applicable).
• There is a minimum order value of £20 calculated on the value at the time of ordering.  This does not include the charges  payable for packing and delivery, which will be added to the order value at the time of instruction. 

• Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines confirmed in our acceptance of your order.  We are also happy to inform you of these deadlines by telephone (with confirmation by email) if you wish to call us.  You remain solely responsible for ensuring that any such change or cancellation is received by us in time for the deadline.  We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is most important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the products especially to fulfil your order and may not be able to sell the products elsewhere.  Any payments you have made for orders which have been properly cancelled will be re-credited to you.

Payment

• Payment must be made on the day of delivery to cover the cost of all goods ordered and any alternative goods as well any delivery service charge.
• You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failure to pay.  This will include an administration charge of not less than £20.  We may at any time after a failed payment has occurred instruct a debt collection agency to collect payment from you, together with any charges/expenses incurred thereby.

Delivery

• Delivery will be made to the address specified by you when you register on the website, or to a subsequent address given to us in writing or by email .
• Delivery on the Isle of Ibiza will be by our own vehicle, and delivery to destinations outside of the Isle of Ibiza will be by courier service.  An additional delivery charge will be levied for mainland courier delivery. 
• If for reasons beyond our control we are unable to deliver to you, or have to deliver late, for example adverse weather conditions, strike actions by third parties, vehicle breakdown, traffic congestion or supplier failure, we do not accept liability for any inconvenience or loss this causes. 
• Cakes are supplied at a temperature appropriate to their specification.

Returns

• You must inspect the goods promptly, and notify us immediately  by phoning or emailing us of any dissatisfaction with your order.  We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction.  We will arrange with you for the goods to be returned to us.
• We will not accept any further claims for loss, whether direct, indirect, consequential or otherwise, howsoever arising.

Privacy

• We respect your privacy.  The personal information that you give us is held with care and security. 
• We do not sell or transfer this information to third parties  unless you agree otherwise.
• We would like to contact you occasionally with details of products, services and special offers from us that may interest you.  By registering with us, you accept that your email address and other details provided may be used to supply you with such information.  Customers wishing to change this can do so when registering or by updating their account.
• Please note that some telephone calls may be recorded for the purposes of accuracy.

General Provisions

• The names ‘ibizacakes’,  ‘astroibiza’  are the copyright of Hedley Paul Spargo, as are their associated logos.  The domain names and content of our website www.ibizacakes.com are the intellectual property of Hedley Paul Spargo trading as ‘astroibiza’. 
• You may retrieve and display the content of our websites on a computer screen, store such content in electronic form on a disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use provided you keep intact all and any copyright and proprietary notices.  You are not permitted under any circumstances to reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our website without the explicit written permission of Hedley Paul Spargo.
• We make no claims that the website will meet your requirements and we cannot guarantee that the service will be fault free.  If a fault occurs please report it to us and we will correct it as soon as reasonably possible.  We shall not be liable for any loss or damage which may arise to computer equipment as a result of using the websites.
• The websites includes links to other websites or material which is beyond our control.  We cannot accept liability in respect of the use of these websites.
• You may not use our website for disseminating any material or other purpose which constitutes a criminal offence or which gives rise to civil liability.
• You agree to indemnify us against all reasonable losses, liabilities, costs and expenses incurred in connection with any claim brought against us or other fine or penalty imposed upon us arising out of your failure to comply with our Terms and Conditions.
• Our Terms and Conditions and the documents produced in accordance with it comprise the entire agreement between you and ibizacakes.com regarding each order which concludes in a contract.  Please be aware and accept that English law shall be the governing law of each contract.
• We reserve the right to alter or withdraw our online service at any time, to refuse the service to any customer and to amend our Terms and Conditions and the 'help' section of this site at any time.  If we update our Terms and Conditions, any changes will be notified to you via the e-mail address provided or via a suitable announcement on our website.
• We recommend that you print off a copy of these Terms and Conditions for your reference.