Any person or entity (“user”), registered to use or access the site at fakebake-uk (“site”) or any information contained in the site, agrees to and is bound by the following terms and conditions of this registered user agreement (“agreement”).
Ownership of Content. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to email@example.com
Submitting Material. If you upload any material to the Site (including, without limitation, written material comments) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site and other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and to remove the material at any time.
Prices and Payment. Minimum prices (and any delivery costs) are as set out on the relevant pages of the Site (except in cases of obvious error). Such amounts are subject to change at any time. We may change the minimum prices for Products at any time by posting new minimum prices on the Site. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country. Whilst we use our best efforts to ensure that all prices on the Site are accurate, errors do sometimes occur. We will normally verify the applicable price in each instance as part of the Order
Confirmation. If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order for this reason, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled.
Credit Cards. Payment for all Products may be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Maestro, Discover and American Express. In most circumstances you will not be charged i.e. funds will not be debited from your card or account until the campaign goal is reached. At our discretion we may decide to produce and fulfil some products even when the campaign goal is not met. Purchasers will be notified when this is the case. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. 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 us processing of your credit/debit card payment in accordance with your order. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Acceptance. By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: first name, surname, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgement and does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on these terms and conditions. All orders are subject to acceptance by us and we will confirm such acceptance by sending you a personal order confirmation e-mail (“Order Confirmation”). The sale and purchase contract between us will only be formed when we send you the Order.
Confirmation. We reserve the right to reject your order for any reason prior to acceptance.
Delivery. Deliveries to addresses outside the UK may incur additional delivery charges as itemised during the checkout process. Your order will be delivered during normal business hours, once payment has been made, to the address provided on the checkout page. Deliveries may require a signature on delivery. For this reason, it is not possible to deliver to a PO Box address or a hotel. We will endeavour to process your order as soon as possible following receipt of payment from you. We are not responsible for non-delivery if you have entered your address incorrectly or if you have used a foreign alphabet or non-English language characters. Risk passes to you once delivered, but Products shipped to any non-card registered address are sent entirely at your risk. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges. Your statutory rights are not affected.
Damaged Products. Products will be your responsibility from the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the products.
Products. In the unlikely event a Product is damaged or lost in transit, please make a note on the delivery slip and contact customer services and we shall endeavour to supply a replacement as soon as possible. If we cannot supply an identical Product, we will offer you an alternative similar Product and/or issue a credit note.
Refunds. In addition to your statutory rights, if you are not completely satisfied with your purchase, you may return it to us (with proof of purchase) within thirty (30) days of receipt and we will arrange for an exchange (subject to availability), or a refund if the product is technically-faulty, or if the product is otherwise materially different than as presented in the applicable campaign. In these circumstances, you may be responsible for the cost of returning the Product to us in an undamaged condition.
Samples. Products displayed on the Site are intended for demonstration or illustrative purposes only. Although we endeavour to display colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the Products. In relation to colour, size and proportion, actual Products may vary from images on the Site.
General Site Disclaimer for Services. Except as expressly set out above, the Service and the Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred. Fake Bake UK will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud or any other parties through User’s use of the Site or services provided via the Site. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in the United Kingdom before one arbitrator.
The parties agree to submit the dispute to binding arbitration. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.