Terms and Conditions of Business
Welcome to Mrs Jones Cakes terms and conditions. We hope that You are enjoying your visit to our
Website and find the content and services useful. Please note that by using this Website You agree
to be bound by the terms and conditions set out below. If You do not agree to be bound by these
terms and conditions, then please do not use or access this Website. You must read and accept all
may use or access the Website in any way. www.mrsjonescakes.com
1.1 Mrs Jones Cakes provides bespoke cake design and baking services (Goods), training event
services and equipment hire (all known as “the Service”). “Sheila Jones” is a sole trader trading as
Mrs Jones Cakes, with their premises located at 33 Carlaverock Road, Newlands, Glasgow G43 2RZ.
1.2 By using this Website and/or registering for Services You agree to be bound by the terms and
conditions set out below. If You do not agree to be bound by these terms and conditions hereunder;
please do not use or access this Website. You must read and accept all of the terms and conditions
contained herein before You may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Mrs Jones
Cakes provides the Service and upon which the User agrees to contract for the use of the Service
except where specifically varied by written agreement by Mrs Jones Cakes on the Order
Confirmation. They supersede any written or oral representations, statements, understandings or
1.4 By ticking the boxes on the Website You will be accepting these terms and conditions in their
entirety and entering into a contract (“the Contract”) with Mrs Jones Cakes.
1.5 From time to time, it will be necessary to update the terms and conditions and You agree to be
bound by the new terms and conditions after the implementation date for the revised terms and
In this Agreement: –
“Agreement” means these terms and conditions together with the Customer’s Order as confirmed in
Mrs Jones Cakes Order Confirmation.
“Cake School Event” or “Event” means the cake school event or training event organised by Mrs
Jones Cakes and designed to be chosen by the Customer based upon suitability and relevance to
“Collection” or “Collected” means when the Customer opts to collect the Goods.
“Complaints Process” means the procedure set out in clause 2.5.
“Customer” means a consumer or individual User who registers and contracts for the Service.
“Customer Information” means the information required by Mrs Jones Cakes to allow us to deliver
“Good(s)” means any bespoke goods supplied by Mrs Jones Cakes.
“Information” means any and all material contained in this Website.
“Intellectual Property” means any patent, design, invention, copyright, database right, registered or
unregistered design, template, document, training materials, worksheets or trademark displayed on
the Website (whether registered or unregistered), trade name, logo, trade secrets, know-how or
other industrial or intellectual property right subsisting anywhere in the world, and applications for
any of the foregoing, together with the goodwill thereon.
“Interpretation” or “Process of Interpretation” means the Customer accepts that any design or
artwork used by Mrs Jones Cakes shall be an interpretation of the design or any sketches provided
and the Customer accepts the artistic flexibility required by Mrs Jones Cakes to deliver the Services.
Mrs Jones Cakes will be the sole arbiter with regard to this issue.
“Order” means the Customer’s instruction to Mrs Jones Cakes to proceed and supply the Service.
“Order Confirmation” means the email acceptance sent by Mrs Jones Cakes following receipt of the
“the User” and “You” means anyone who uses this Website.
“the Website” means the website operating under the domain name of www.mrsjonescakes.co.uk.
“Voucher” or “Gift Voucher” means the voucher provided by Mrs Jones Cakes (in a format of our
choosing) and must be used within 6-month of the date of purchase.
“Working Hours” means 9.00am to 5.00pm from Monday to Friday excluding weekends, public
holidays or statutory holidays.
2. Service Provision
2.1 Mrs Jones Cakes will provide an Order Confirmation for all Orders placed but reserves the right
to accept or reject any Order at its sole discretion.
2.2 By agreeing to a purchase the Service, the Customer will be entering into a contract with Mrs
2.3 Mrs Jones Cakes will use all reasonable endeavours to provide the Service as described on the
Website. Due to the nature of such Services, the time will not be the essence of the contract.
2.4 Mrs Jones Cakes may at any time amend the Service for any reason including, but not limited to,
technical or legal reasons.
2.5 Any Customer complaints must be dealt with through the Complaints Process. A complaint can
only be dealt with by Mrs Jones Cakes if the correct process is followed, all complaints must be made
by email to email@example.com or by post to Mrs Jones Cakes.
2.6 The Customer agrees that in the event of any disagreement between the parties; Mrs Jones
Cakes will act as the sole arbiter with regards to settling any Customer issues.
2.7 Where the Customer has purchased a Mrs Jones Cakes Gift Voucher; the Customer must use the
Voucher within 6 months from the date of purchase. Due to the nature of the service, Mrs Jones will
be the sole arbiter of this issue.
2.8 With regard to all hire services, the Customer must pay in advance (via BACS) for the Service and
the Customer is liable for the Goods while in their possession. In the event the Goods are damaged
or lost during the hiring service, Mrs Jones Cakes reserve the right to deduct the cost of the hired
3. Proprietary Rights
All Intellectual Property Rights in the materials on this Website (as well as the organisation and
layout of this Website) together with the underlying software code are owned by, licensed or
authorised to Mrs Jones Cakes, its assignees, licensees or sub-licensees thereof and the copyright in
the text, artwork, graphics and images on the Website is owned by Mrs Jones Cakes or its licensors
or its content or technology providers except where otherwise specified. Nothing in these terms and
conditions transfers to You any rights of ownership of such intellectual property rights, or
constitutes a licence to use such intellectual property rights other than to the extent expressly set
out in these terms and conditions. Without Mrs Jones Cakes prior written permission, You may not
copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the
underlying software code whether in whole or in part.
4. Basis of Use of the Website
4.1 You agree to the following;
4.1.1 that You are aged 18 or over and are legally capable of entering into binding contracts;
4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer
provisions contained hereafter;
4.1.3 that You will only view the Information on the Website for your own private purpose and will
not publish, reproduce, store or retransmit any of the Information contained in the Website at any
time; unless previously agreed with Us, more fully described on the Website;
4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;
4.1.5 that You shall not transmit through the Website any unlawful, harassing, libellous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material.
4.1.6 You shall not transmit any material that encourages conduct that could constitute a criminal
offence, give rise to civil liability or otherwise violate any applicable law or regulation.
4.1.7 that You shall not use the Website or the Information in any manner which may constitute an
infringement of any third-party rights (including but not limited to rights of copyright, trademark or
4.1.8 that You shall not run any tools on the Website that systematically retrieve web pages for
offline or online viewing; whether it be for personal, commercial, experimental, educational or any
4.1.9 that all intellectual property rights (including without limitation copyright, trademarks and all
other rights) whatsoever in the Information and the Website shall remain vested in Mrs Jones Cakes
at all times;
4.1.10 that You will indemnify and keep indemnified Mrs Jones Cakes against all claims, liabilities,
damages, costs and expenses including legal fees arising out of any misuse of the Information or the
Website or breach of your obligations under his agreement.
4.2 The Customer must be aware that their use of Mrs Jones Cakes Service shall be accompanied by
the use of advertising on the Site. The advertising facility is an inherent part of the Service offering.
5. Customer Obligations
5.1 No Agreement in respect of any Services shall exist between us and the Customer until your
Order has been accepted by us by means of an Order Confirmation (whether or not funds have been
deducted from your account). If we do not accept your Order and funds have already been
deducted, these will be fully refunded.
5.2 Where the Customer is required to follow the online Ordering process. When doing so, the
Customer will be required to complete certain required fields on a form. This may include the
provision of security information such as your identification details and password(s). The Customer
agrees to be responsible for ensuring that such security information is kept secure and confidential
at all times. The Customer must inform us immediately if the Customer becomes aware of or suspect
any unauthorised use of these security details or if they become available to an unauthorised party.
5.3 By purchasing our Services, the Customer hereby warrant that all information submitted by the
Customer is true, current and complete. Mrs Jones Cakes reserves the right to verify the eligibility of
5.4 Without prejudice to its rights in terms of Clause 10 hereof, Mrs Jones Cakes is entitled to
suspend or terminate the Customer’s use of the Service if the Customer fails to comply with any of
its obligations under clauses 4 and 5 herein.
5.5 The Customer is responsible for providing a satisfactory level of cooperation and for providing all
necessary Customer Information and facilities to enable Mrs Jones Cakes to produce and deliver a
quality service, including provision of:
5.5.1 the necessary Customer Information for placing an Order including name, home
address, delivery address, email address, landline and mobile telephones.
5.5.2 for you the Customer to choose the correct Service.
5.5.3 provision of the correct Customer Information.
5.6 It is critical that the Customer is clear with regard to their responsibilities in respect of the
Service. The Customer acknowledges that they contract with Mrs Jones Cakes and understand the
nature of the Services been offered, there is restrictions with regards to customer refunds and
nature of purchasing training Events and bespoke Goods.
5.7 The Customer by contracting with Mrs Jones cakes accepts the Process of Interpretation and the
fact that Mrs Jones Cakes is the sole arbiter with regard to Interpretation of all artwork or design
connected with the Service.
5.8 The Customer agrees that any certificate issued at the end of the event or training course is
subject to the Customer attending the Cake School Event in full. Mrs Jones Cakes will be the sole
arbiter of this issue.
5.9 The Customer accepts that Mrs Jones Cakes reserves the right to resell the event place only if the
Customer fails to make any outstanding or final payment due to Mrs Jones Cakes, 4 weeks before
the Cake School Event commences.
6.1 Due to the nature of the Services provided, We do not offer refunds except in the case of Mrs
Jones Cakes being at fault resulting in delivery of an incorrect Good(s) or in the event that the wrong
Services being delivered.
7. Order Process
7.1 Mrs Jones Cakes will take the Order over the telephone. An Order may be placed by telephone
by calling +44 (0)7714 244121. The terms and conditions will be issued via the Postal Service
(between the hours of Monday to Friday 10.00am to 5.00pm.
7.2 Where an Order is placed orally or in the event of any dispute as to the Order, the Order
Confirmation shall be deemed as the authoritative Order.
7.3 No Agreement in respect of any Order shall exist between us and You until your Order has been
accepted by us by means of an Order Confirmation (whether or not funds have been deducted from
your account). If we do not accept your offer and funds have already been deducted, these will be
7.4 In the event the Customer pays a deposit for the Service, the Customer must settle the full
outstanding balance, a minimum of 4 weeks before the Service commences or the Goods are
collected or delivered. Where a Customer cancels the Service prematurely the deposit paid will be
retained by us, this issue will be at the election of Mrs Jones Cakes.
7.5. We accept payment in British pounds sterling only.
7.6 The Agreement is based upon the Customer paying in full any agreed amount for the Service in
advance of our acceptance of the Customer’s deposit, prior to the Service commencing through BACS or PayPal, or at the election of Mrs Jones Cakes. Please note when the Customer uses PayPal,
the Customer will leave our Website and contract with PayPal via their terms and conditions.
7.7 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are
subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to
authorise payment, we will not accept your deposit and we will not be liable for any delay or nondelivery
and we are not obliged to inform You of the reason for the refusal. We are not responsible
for your card issuer or bank charging You as a result of our processing of your credit/debit card
payment in accordance with the Order Confirmation.
7.8 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other
deduction to withhold payment of any amount due to Mrs Jones Cakes.
7.9 The Customer is responsible for paying for any charges associated with paying for the Service,
including using PayPal or their debit or credit card.
7.10 In the event the Customer pays by cheque the cheque must be cleared with our account before
the Customer can use the Service.
8. Third Party Websites
8.1 The Website contains links to websites operated by parties other than Mrs Jones Cakes. Such
links are provided for the User’s convenience only. Mrs Jones Cakes does not control such websites,
and is not responsible for their content. Mrs Jones Cakes inclusion of links to such websites does not
imply any endorsement of the material on such websites or any association with their operators. The
User is solely responsible for evaluating the accuracy and completeness of any information
contained on the third-party websites, and also the value and integrity of any Items and services
offered by such websites.
8.2 You may only link to this Website with Our express written permission. We expressly reserve the
right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or
9. Cancellation by the Customer
9.1 Because You are purchasing as a consumer, You may cancel your Order with us at any time up to
the end of the fourteenth working day after the Goods are received, or in the event that no Goods
have been ordered, 14 days from receipt of the Order Confirmation. You do not need to give us any
reason for cancelling your Order nor will You have to pay any penalty.
9.2 To cancel your Order, please provide us with written notice by post to Mrs Jones Cakes, 33
Carlaverock Road, Newlands, Glasgow G43 2RZ or by emailing us at firstname.lastname@example.org, in
each case within the statutory cooling-off period and giving details of the items ordered, and the
option to state the reason for cancellation and (where appropriate) the delivery date.
9.3 Due to the nature of the Service Mrs Jones will not deliver the Service within a 14-day period.
However, if the cooling off period overlaps with the delivery of services the customer agrees to
wavier the cooling off period to allow Mrs Jones Cakes to deliver Services.
9.4 Once You have notified us that You are cancelling your Order, any sum debited to us from your
credit card will be re-credited to your account as soon as possible and in any event within 14 days of
your Order, provided that the Goods in question are returned by You and received by us in a
reasonable condition. If You do not return the Goods delivered to You or do not pay the costs of
delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to
be re-credited to You.
9.5 In the event the returned Goods is lost in the post, Mrs Jones Cakes will not be liable to replace
the Goods, the Customer accepts liability for the value of the Goods.
10. Cancellation by Us
10.1 Mrs Jones Cakes shall be entitled to suspend the Service in accordance with clause 5.4.
10.2 Without prejudice to any other rights to which it may be entitled, Mrs Jones Cakes may
terminate provision or use of the Service respectively with immediate effect if the Customer
commits any material breach of any of the terms of this Agreement.
10.3 Mrs Jones Cakes will not tolerate Customers being rude or offensive or otherwise abusing the
‘Mrs Jones Cakes Service’ in any way including our employees and reserves the right to terminate
the Service with immediate effect as a result of such behaviour (at Mrs Jones Cakes discretion).
11.1 Mrs Jones Cakes undertakes to use reasonable skill and care in providing the Service as
described on the Website.
11.2 Mrs Jones Cakes makes no warranties as to the outcomes of the Service. The Service provided
on the basis that the Customer is responsible for engaging with the Services.
12. Disclaimer and Limitation of Liability
12.1 The User uses the Service at its own risk and in no event shall Mrs Jones Cakes be liable for any
direct, consequential, incidental or special damage or loss of any kind (except personal injury or
death resulting from Mrs Jones Cakes’ s negligence) including, but not limited to, loss of money,
loss of money due to third party costs incurred, the User’s identity theft, loss of or corruption of
data or the User’s inability to use the Service, however caused and whether arising under contract or
tort, including negligence or otherwise except as expressly provided herein.
12.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid
for any reason by a court of competent jurisdiction and Mrs Jones Cakes becomes liable thereby for
loss or damage that may lawfully be limited, such liability whether in contract, tort (including
negligence but specifically excluding personal injury or death resulting from Mrs Jones Cakes ’s
negligence) or otherwise, will not exceed the value of one month’s payment immediately preceding
such liability arising.
12.3 The User must make every effort to secure their username, passwords details and should not
under any circumstance disclose their username and password and details to a third party or by an
email request. Mrs Jones Cakes, nor its directors, employees or representatives will be liable for
damages arising out of or in connection with the use of this Website or the Customer Content,
materials or Items included on this Website. This is a comprehensive limitation of liability that
applies to all damages of any kind.
12.4 It is the Customer’s responsibility to maintain and update browser, firewall or anti-virus and
anti-spyware software. The User must protect their computer and/or device and ensure they
update all security software by downloading the latest security patches from relevant software
12.5 Mrs Jones Cakes cannot guarantee 100% uptime and endeavours to provide services as
described on the Website.
12.6 The Customer is solely responsible for assessing or classifying correctly the suitability of the
12.7 In the event of the Collection of the Item, should the Item suffer damage, the incident is not
the responsibility of Mrs Jones Cakes. Also, the Customer shall indemnify Mrs Jones Cakes in
respect of any claim for loss or damage arising from the collection or unloading of the Goods.
12.8 The Customer must be aware that Mrs Jones Cake’s are not liable for any third-party costs
connected with the Customer using the Service. This includes any travel, accommodation or any
kind of third party costs (including loss of equipment) incurred by the Customer.
12.9 Mrs Jones Cakes is not responsible for the quality of the performance of the other party in any
way. The Customer must take full responsibility for the decisions involved during the time they use
the Service and understands and accepts that any decision made to use the Service is entirely at
their own risk.
12.10 THE CUSTOMER MUST AGREE TO DISCLOSE ANY INFORMATION WITH REGARDS TO ANY TYPE
OF FOOD ALLERGIES OR ISSUES OR CONDITIONS SUFFERED BY THE CUSTOMER AND THIS
INFORMATION COMMUNICATED IN WRITING TO MRS JONES CAKES IN ADVANCE OF THE SERVICE
12.11 IN THE EVENT THE CUSTOMER HAS NOT DISCLOSED IN WRITING TO MRS JONES CAKES WILL
REGARD TO THEIR SENSITIVITIES OR ALLERGERIES; MRS JONES CAKES TAKES NO RESPONSIBILITY FOR
THE CUSTOMER’S ADVERSE REACTION WHEN USING THE SERVICE OR ANY HEALTH ISSUE SUFFERED
BY INGESTING OR USDING THE INGREDIENTS CONTAINED WITHIN ANY FOOD CONSUMED DURING
THE DELIVERY OF THE SERVICE.
12.12 THE CUSTOMER AGREES TO INDEMNIFY MRS JONES CAKES AGAINST ALL ISSUES OUTLINED IN
13. Force Majeure
13.1 Mrs Jones Cakes shall not be liable to the Customer or be deemed to be in breach of the
Agreement because of delay in performing, or any failure to perform, any of our obligations in
relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice
to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable
control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war,
sabotage, data breach, pandemic flu or virus, insurrection, civil disturbance or requisition; acts,
restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any
governmental, parliamentary or local authority; import or export regulations or embargoes; strikes,
lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees
or of a third party); or difficulties in obtaining the System, labour, fuel, parts or machinery.
13.2 Mrs Jones Cakes cannot be held responsible or deemed in breach of this agreement in any way
in respect of third party delays, technical faults, including online access failures affecting our
14. Delivery and Collection
14.1 Completed Orders will be sent to the delivery address that you have given on your order
form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please
note that we do not deliver to PO boxes.
14.2 Mrs Jones Cake’s times of delivery (not the essence of the contract) will be agreed with the
Customer following our acceptance of the Order.
14.3 Mrs Jones Cakes shall bear all risk in respect of consignments until delivered to the Customer.
or Collected by the Customer; Once a Completed Order has been received by you, all risk of damage
to, or loss of, the Goods shall pass to you.
14.4 In the event of the Customer requires us to deliver on their private property, we will deliver
subject to the Customer indemnifying Mrs Jones Cakes against all damages.
14.5 The Customer is responsible for informing Mrs Jones Cakes as to the nature of the delivery
address road surface. If the point of delivery is unsuitable for delivery and we are unable to make
the delivery due to this, the Customer may be liable for additional delivery charges.
15. Statutory Information
This website is owned and operated by:
Shelia Jones t/a MRS JONES’ CAKES
Located at 33 Carlaverock Road, Newlands, Glasgow G43 2RZ
17.1 Mrs Jones Cakes shall be entitled to assign or transfer our obligations or rights to a competent
third party or to any associated company whether in whole or in part. The Customer may not assign
or transfer any of your rights or obligations without our written consent.
18. Relationship of the Parties
18.1 Mrs Jones Cakes is an independent business entity and nothing in this Agreement shall render it
an employee, agent or partner of the Client. Nothing in this Agreement and no action taken by the
parties pursuant to this Agreement shall constitute, or be deemed to constitute a partnership,
association, joint venture, agency or any other co-operative entity
19.1 These terms and conditions contain all the terms of your agreement with us relating to your use
of this Website. No other written or oral statement (including statements in any brochure or
promotional literature published by us) will be incorporated. Your use of this Website, any
downloaded material from it, use of the Service, this Agreement and the operation of these terms
and conditions shall be governed by, construed and interpreted in accordance with the laws of
Scotland and the Customer agree to submit to the non-exclusive jurisdiction of the Scottish courts.
20.1 Failure or delay by Mrs Jones Cakes in enforcing any term of the Agreement shall not be
construed as a waiver of any of its rights under it.
20.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the
legality, validity or enforceability of the remainder.