Terms & Conditions of the Merci Beaucoup Cakes online shop and services
The following Terms and Conditions (further, the “Terms”) set out the terms and conditions under which You may use and access the website available at www.mercibeaucoupcakes.ie and www.mercibeaucoupcakes.ie/shop (the “Website”) and use the Services offered by the Company.
Use of the Website and the Services constitutes your agreement to follow and be bound by these Terms, which may be amended from time to time. Your use at any time thereafter constitutes your agreement to be bound by the Terms as amended.
Definitions. The definitions in this condition 1 shall apply in these terms and conditions and have the following meanings:
“Agreement” means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions;
“Authorised Person” means any person who is authorised to accept collection.
“Buyer” means the person, firm, company or other legal entity who purchases Goods and to whom the Order Confirmation Email will be sent;
“Company” means Merci Beaucoup Cakes, having its registered office at Unit 4A, North East Food Hub, Ardee Business Park, Ardee, Co. Louth, A92FY05;
“Goods” means any goods agreed in the Agreement to be supplied to the Buyer by the Company (including any part or parts of them);
“Order Confirmation Email” means the email sent to the Buyer by the Company confirming that the Order(s) has been accepted by the Company;
“Order(s)” means Goods purchased via the Website where an Order Confirmation Email has been sent to the Buyer and an Order number has been generated;
“Ordering System” the process on the Website through which an Order is made and payment is processed;
“Recipient” means the Buyer and/or any person identified by the Buyer to receive the collection of Goods;
“Services” means the collection of Goods offered by the Company through the Website;
“Transaction Charge” means the fee incurred by the Company paid to its payment provider when processing an Order.
1. Words importing the singular shall, where the context so admits or requires, be deemed to include the plural and vice versa.
2. References in these Terms to any statute or any statutory provision shall include any statute or statutory provision which now or at any time in the future, amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, instruments or other subordinate legislation made under the relevant statute.
3. Clause and schedule headings in these Terms are included for convenience only and shall not affect the construction or interpretation of the Terms.
4. References to persons shall include associations or bodies whether or not incorporated.
5. For your convenience, the definitions and their meaning have been clarified both in the Definition Section and in the texts of these Terms and the Agreement. If there is any conflict or inconsistency between the definitions and their respective meanings, the definition shall be interpreted in line with the textual context.
1.3 These conditions apply to the exclusion of the Buyer’s terms and conditions unless otherwise expressly agreed in writing and duly signed by an authorised representative of the Company.
2.1. Orders for Goods cannot be finally confirmed by the Company until full payment for the Goods has been received by the Company and the Order Confirmation Email has been sent to and received by the Buyer.
2.2 The Buyer’s Order is an offer and shall become binding upon acceptance by the Company upon the dispatch of the Order Confirmation Email and no contract shall exist until full payment is received by the Company.
2.3 All other terms, conditions or warranties whatsoever are excluded from the Agreement or any variation thereof unless expressly accepted by the Company in writing. No servant or agent of the Company has the power to vary these conditions orally or to make any statement or representation about the Goods.
2.4. These conditions shall be deemed to be incorporated into any agreement between the Company and the Buyer to the exclusion of any terms or conditions stipulated or referred to by the Buyer. Any dealings with the Company following receipt by the Buyer of notice of these conditions shall automatically be deemed acceptance thereof notwithstanding the absence of formal acknowledgment.
2.5.1 Changes to Orders
If the Buyer wishes to make a change to, or cancel an Order, that request must be sent by e-mail to firstname.lastname@example.org
2.5.2 Please note that changes to an Order for collection must be made by 9am two business days before the confirmed collection date. This is to ensure that the Company has time to amend/cancel the Order prior to production of the Goods.
2.5.3 The Company cannot accept changes or cancellations to Orders that are due for collection outside of the above times as all Goods are made fresh to order and may be prepared and boxed ready for dispatch. Although the Company will use reasonable endeavours to try and facilitate any changes to an Order if requested, it cannot guarantee that any such changes will be made. Orders placed, changed or any cancellations thereof after 12pm on a Friday or on a Saturday/Sunday or public holiday will be treated as having been received on the following working day.
2.5.4 All goods are made to order and by their nature are perishable and have a limited shelf life. Whilst the Company will allow cancellation of Orders it will not have any obligation to refund the purchase monies to the Buyer where the Order has already been made and is available for collection. The Company reserves the right to charge the Buyer a Transaction Charge on Orders cancelled.
2.5.5 Please note that during busy periods which include but are not limited to, Mother’s Day, Father’s Day, Valentine’s Day, Easter and Christmas, the Buyer must give the Company 2 working days’ notice to process changes or cancellations.
The following terms and conditions apply where the Buyer orders Goods for collection.
3.1 The Order Confirmation Email that is sent to the Buyer contains all the key information pertaining to that Order. It is the Buyer’s responsibility to check the Order Confirmation Email to confirm that all the information on it is correct, and to immediately notify the Company of any errors.
3.2 The Company does not offer delivery – collection ONLY from either Ardee or Navan.
3.3 Where Goods have been ordered for collection, the Buyer will identity the date that they will collect the Goods through the Ordering System and the Goods will be available for collection between 12-5pm on Fridays and 12-3pm on Saturdays. from the Company’s premises at Ardee (Merci Beaucoup Cakes, Unit 4A, North East Food Hub, Ardee Business Park, Ardee, Co. Louth, A92FY05) or Navan (Merci Beaucoup Cakes, Apt 2, Dunloe Drive, Windtown, Navan, Co. Meath, C15pp44).
3.4 If the Buyer either fails to collect goods ordered for collection within the hours then the Company will have no obligation to refund the purchase monies paid for the goods.
4. Price and payment
4.1 The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation Email.
4.3 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. If a Good’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Good, or reject your order and notify you of such rejection.
4.4 We are under no obligation to provide the Good to you at the incorrect (lower) price, even after we have sent you an Order Confirmation Email if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
4.5 All Orders are processed through the payment provider used by the Company and as is detailed on the website (the “Payment Provider”). The Company is not liable for the acts or omissions of the Payment Provider. As the Buyer, you shall be solely responsible for the transmission of information connected to your credit or debit card and the Company hereby excludes all liability to the extent permitted by law.
4.6 In order to process payments through the website, Buyers are required to accept the terms and conditions of the Payment Provider as are set out on the website.
1. By entering its payment data on the website (card number, bank account details or any other required information) the Buyer confirms and warrants that:
(a) all information entered contains that Buyer’s current, true and accurate information including payment data;
(b) the Buyer has read, understood and accepted the terms and conditions of the Payment Provider.
5. Force Majeure
Neither the Company, or its employees shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control which hinders the Company’s ability to perform its obligations under the Agreement; these circumstances to include but not be limited to any adverse weather conditions – such as snow, flood, extreme winds – or fire, explosion, accident, traffic congestion, obstruction of any private or public highway, restrictions as a result of an outbreak of disease, epidemic or pandemic riot, terrorism, the act of God, or from any industrial dispute or strike.
6.1 The Company’s Goods are freshly made from high-quality ingredients. Goods will be packed in an outer cardboard box for protection during transit. The photographs on the Website show sample goods only and cannot be relied upon to be an identical representation of the Goods that the Buyer will receive upon collection.
6.2 Availability and substitution. Every Order is freshly made, therefore from season to season the Company may be required to substitute one or more ingredients. In the event of any supply difficulties, the Company reserves the right to substitute ingredients without notice.
7. Satisfaction Guarantee
7.1 The decision as to whether to offer replacement Goods or a refund is made solely at the Company’s discretion. The Company will not offer both a refund and a resend. Where Goods have been damaged, we will normally ask for them to be returned or for photographs clearly showing the damage. It is important that we are contacted as soon as possible regarding such issues. Notification of damaged goods must be made within 1 hour of collection. Whilst the Company will, at its discretion consider issues raised after the 1hour deadline it reserves the right to refuse the options of refunding or resending the Order.
8. Fraudulent Behaviour
8.1 If the Company believes that an Order may be fraudulent in nature, for whatever reason, we reserve the right to cancel the Order and refund the monies paid. The Company is under no obligation to reveal why it believes the Order to be fraudulent. The Company will co-operate with the Gardai regarding any criminal investigations. The Company reserves the right to refuse to sell goods, and at its sole discretion to block any IP address from accessing our Website and any other blocking or fraud prevention measures we deem necessary to implement from time to time.
9. Buyer and Recipient Personal Information
9.1 The Company requires accurate contact details for both the Buyer and the Recipient, in order to ensure that it can communicate details pertaining to the collection.
9.2 When placing an Order on the Website, the Buyer is required to provide the following information:
- Buyer’s email address. The Company will send the Buyer an Order Confirmation Email. If the Buyer provides their consent, the Company may use the Buyer’s email addresses to send out promotions, offers, discounts and other marketing material.
- Buyer payment details- including the Buyer’s full name as it appears on the Buyer’s credit/debit card. This information is passed directly to Company’s payment provider. The Buyer’s payment details are not saved nor accessible at any time by the Company.
- Buyer’s telephone number. The Company may contact the Buyer in the event of problems with the collection or problems with the payment.
- Recipient’s full name, address (including Eircode) and valid daytime telephone number. These details are to ensure collection.
10. Limitation of Liability
10.1 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the website, any changes to the website, any goods collected, or not sent or received or for any of the above-mentioned damages that result from the Goods Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.00.
11.1 If the Company fails, at any time during the term the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by the Company of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by the Company of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of an Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire Agreement
The Company intends to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Agreement. While the Company accepts responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
14. The Company’s right to vary these terms and conditions
14.1 The Company has the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from the Website 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 the Company notifies you of the change to those policies or these terms and conditions before the Order Confirmation Email is sent (in which case the Company has the right to assume that you have accepted the change to the terms and conditions unless you notify the Company.
15. Law and jurisdiction
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Ireland.