Terms of service

WEBSITE TERMS & CONDITIONS

THE COUNTRYSIDE CAKERY


Effective Date: July 2022


Welcome to thecountrysidecakery.com (Site). 


This Site is owned and operated by The Countryside Cakery (referred to in these terms as “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels, as well as your purchase of any products from our online store (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”). 


CONSENT TO SITE TERMS


By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms. 


NO MINORS


By using our Site and accessing or purchasing any products, you warrant that you:

  • are over 18 years of age and have the legal capacity to enter into a legally binding contract;
  • have read and accepted these Terms; and
  • will comply with these Terms.

CHANGES TO THESE TERMS


We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site . If at any time you choose not to accept these Terms, you should not use this Site.


By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of our Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

 

INTELLECTUAL PROPERTY


Our Site and products contain intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as their business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site, products and content does not grant or transfer any rights, title or interest to you in relation to this Site, the products or the content.


You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, the products and/or the Content, our Intellectual Property and Third Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and/or Content, without refund, if you are found to be violating these Terms. 


LINKS TO OTHER WEBSITES


Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content are suitable for you.


PRIVACY


These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. [insert link] By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.


CREATING AN ACCOUNT 


To place orders and access some features of our Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure. 


We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 


PRICES AND PAYMENT


All prices are in Canadian Dollars (CAD). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is validated, and you will be responsible for any taxes or tariffs associated with your purchase. Prices do not include shipping and handling or insurance unless otherwise specified, and do not include applicable taxes.


We reserve the right at any time to modify or discontinue any product without notice at any time. We shall not be liable to you, or to a third party for any modification, price change, suspension or discontinuance of any product.


We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.


We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.


We offer visitors who want to purchase from our Site the option to pay for the products by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card.

We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.


ORDER PROCESS


Placing Order


You must complete the form on our Site that sets out all the details necessary to enable us to provide you with our products and services (Enquiry Form). Please ensure that you complete all questions as set out in the Enquiry Form and any other information you feel is necessary for us to provide you with our products and/or services. We will be relying on the completed Enquiry Form to provide you with our products and services. We are not responsible for any errors or omissions in the Enquiry Form completed by you. Upon completion of the Enquiry Form, we will be in touch with details for next steps including payment of deposit.


Where you place an order that is less than 2 (two) weeks' notice, we reserve the right to charge a “rush order fee” of 20% of the total order price. Rush orders will be accepted or rejected at our discretion. 


To confirm an order for a custom cake, you must provide $100 deposit, being the non-refundable deposit of the total price, which is required upon receipt of your invoice. The deposit is required to reserve your date. We are unable to confirm your order or reserve the dates for your event until we receive the deposit. Final payment is due 30 days before the event. 


Minimum order requirements apply for cupcake orders. A minimum of 12 cupcakes is required.


You must specify at the time of completing your Enquiry Form of your design requirements. 


Changes to Order


Any changes to your order such as size, decorations, flavours may only be accepted upon submitted a “Change Request Form” via email to countrysidecakery@outlook.com setting out the changes required in writing no later than 3 weeks prior to the due date. Due to the nature of the services we provide, we cannot accommodate last-minute changes. 


Once you have accepted the Terms, any changes to your order may be subject to a change in price.

DESIGN VARIATION


Whilst we will make every effort to provide a cake that reflects your order in terms of flavours, fillings, decoration, size, shape, design, you will appreciate creating our cakes is an art form and therefore there may be variations including variations due to the nature and type of decorations requested. 


Ensuring a colour match is not an exact science and as such we cannot guarantee a perfect colour match due to the nature of the ingredients. Also, colour requests made via an Enquiry Form or examples provided electronically, may display differently. 

 

We do our best to ensure that the colours of any images of cakes on our Site are accurately displayed, however please note that on occasion the colours on our Site may seem different, depending on the device you use.

 

ORNAMENTS, TOPPERS AND FLOWERS

If you require us to apply any preferred ornaments or toppers, they must be supplied 1 (one) week prior to the due date so that we can ensure that the weight and size can be catered for and if necessary, make any adjustments to the design of the cake. 

 

We reserve the right to not use any ornaments or toppers if we feel that to do so would result in damage to the cake. 


Where you choose to use flowers to adorn your cake, you are responsible for ordering them and it is your responsibility to discuss with your florist what you plan to use the flowers for as some plants and flowers may be harmful if digested. 


Where you request that we supply the flowers, you acknowledge and agree that we may have to provide substitutes due to availability or seasonality. 

 
LICENSES AND PERMITS

We have the appropriate licenses, insurances, health permits and facilities to provide our products and services. We bake everything from scratch and use the best quality ingredients. Whilst we take every precaution to avoid any cross-contamination, we work with and process known allergens such as peanuts, dairy, gluten, eggs and wheat. In accepting our Terms, you agree that you are responsible for notifying your guests of any allergen risks and hold us harmless for any allergic reactions suffered by you or your guests. 


In accordance with applicable laws, we will provide an ingredients list upon request.


DELIVERY AND EVENT SET UP


Delivery


We can  deliver any of our cakes or cupcakes to a location within and around Thunder Bay, Ontario. Delivery charges are calculated according to the post code at the location for delivery. Charges for delivery are as set out in the Pricing Guidelines. There are supplementary delivery charges for locations outside of the specified post codes. To ensure that we deliver for the date requested, please contact us early to avoid disappointment. 


Event Set Up


If you require us to set up the cake at the event location, you must ensure that you allow us sufficient time to arrive at the location and set up your cake. Please ensure when completing the Enquiry Form that you notify us that you require us to set up as additional fees and charges will apply. 

 

To maintain the integrity and stability of any event cake, we reserve the right to make any structural or other changes necessary on site without seeking your prior approval. 


Please indicate in the Enquiry Form if you would like this option and complete the relevant details necessary for us to provide you with a quote.

COLLECTION

If you would like to collect your cakes from us, please let us know via the Enquiry Form. Due to COVID-19 restrictions and to protect our customers and staff, we ask that you please wear a mask and practice social distancing.


Please contact us to arrange a date/time for collection of your order. 


Once you have collected your cake, the full responsibility for the safety of the cake is with you. We cannot be held responsible for any damage once the cake is collected. 


PHOTOGRAPHY

We reserve the right to take and use photographs your cakes before, during and after set up, including any photos that include the event location for use in our advertising, marketing and promotional purposes without any compensation paid to you


CANCELLATION


Cancellation by You


We will do our best to accommodate any requests for a new date, however we cannot make any guarantees. In the event that we cannot accommodate the new date, we will consider the order cancelled and our cancellation policy will apply. 


Please contact us as soon as possible via our telephone number, (807) 630-4036 and please also follow up with an email to our email at countrysidecakery@outlook.com confirming your name and order number. 


Any cancellations must be made within 5 (five) days of placing your order, in order to receive a refund less the initial deposit amount. Any orders cancelled after 5 (five) day cancellation period, will not be refunded except in our sole discretion. You understand that when we take orders, we are declining other orders and we may not be able to rebook the date allocated to you and accordingly, we cannot apply the non-refundable amount to a later date. 


Cancellations by Us


We reserve the right to cancel any order for any reason or to cancel the agreement after order confirmation including but not limited to where we believe the order is fraudulent, where an error has occurred for any reason, including due to errors relating to pricing. Where we do cancel your order or agreement with us, we do not accept any liability for any resulting damages or costs suffered by you. Where you have already made payment, we will refund you in full the purchase price paid. 


FORCE MAJEURE


Should a Force Majeure event impact our ability to fulfil your order, we agree to use our best endeavors to secure another bakery to do so. If we are not able to secure a suitable replacement bakery or if you do not wish to use the services of the replacement bakery, and you prefer to cancel your order, we will issue you with a refund. 


For the purposes of these Terms, Force Majeure means illness, injury, emergency, pandemic, epidemic, war, act of God, sudden event or other circumstance beyond our control. 


COMPLAINTS


We pride ourselves on ensuring that every customer enjoys their experience and the service they receive with us.  We recognize that on occasion, things can go wrong. If this happens, we will do our very best to put things right at the earliest possible opportunity.  If you are not happy with the service you receive, please ensure that you inform us immediately we will ensure that all complaints are followed through and documented and where appropriate, action will be taken to prevent a recurrence. 


The most efficient way of resolving a problem is to bring it to our attention immediately.   All complaints must be sent to countrysidecakery@outlook.com. Please provide as much detail as possible, including details of your order (including order number) and the reason for the complaint.  Your complaint will be assessed and we will aim to get back to you within 48 hours of receiving your complaint. 


Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following provision of products. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of these terms relating to disputes.


INFORMATION AND ADVICE


All content provided on our Site is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations.  We do not accept responsibility for determining whether our products are appropriate for you. 


The sale of products on our Site or reference to any other products does not constitute or imply our endorsement, sponsorship or recommendation in any way.


SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA


We always appreciate interaction on our social media channels and feedback about our Site and products, as it helps us to improve our Site and our products. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! 


Where you do decide to submit such feedback, comments or content, you represent and warrant that:

  • you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
  • give us permission to post or otherwise use that feedback on our social media or other channels;
  • you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with; 
  • the content does not violate these Terms; and 
  • you are at least 18 years old.

We reserve the right to remove a review or comment if such review or comment contains:

  • libelous or otherwise unlawful, abusive or obscene material; 
  • attacks our employees or another contributor; 
  • contains material that discloses your personal information; or 
  • is unrelated to the post or content to which you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent our views or opinions or those of our owners, shareholders, employees or any others, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.


COMPETITIONS


We may from time to time run competitions through this Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition. 


PROHIBITED USE


In addition to any other prohibitions, you must not, under any circumstances use our Site or its content: 

  • for any unlawful purpose; 
  • to solicit others to perform or participate in any unlawful acts; 
  • to violate any international, federal, or state regulations, rules, laws, or local ordinances;
  • attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site; 
  • hack into any aspect of the Service; corrupt data; cause annoyance to other users; 
  • infringe upon the rights of any other person's proprietary rights; 
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS


Subject to these terms, we warrant that we will provide our products and services to the best of our ability and to a reasonably expected standard. Any alterations or customizations to our products made by you are at your own risk and will be deemed a waiver of any warranty provided by us, rendering it null and void.


This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the products we sell, including that:

  • they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
  • they do not contain allergens;
  • access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or 
  • there is no possibility of failure to store communications or other data. 

LIMITATION OF LIABILITY


To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by applicable laws.


OUR RIGHT TO BE INDEMNIFIED BY YOU


To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.


BREACH AND TERMINATION


The agreement constituted between us by your use of our Site may be terminated:

  • where you breach any provision of these Terms; or 
  • at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorized to access our Site.

SEVERABILITY


If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.


CEASING OUR WEBSITE


We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.


ASSIGNMENT 


We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.


ENTIRE AGREEMENT


These Terms (together with our Privacy Policy, Additional Terms and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.


GOVERNING LAW AND JURISDICTION 


All Terms shall be construed in accordance with and governed in all respects by the laws of Ontario, Canada. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of Ontario, Canada.