Terms and Conditions

Welcome to topbake.co.uk

By accessing and using Our Service, you agree to be bound by the terms and conditions listed below, as well as any other law or regulation that applies to topbake.co.uk including but not limited to Our Website, Notifications, APIs and Ads.

  1. What we do!

Top Bake is an online platform connecting Customers (Individuals and Businesses) and Bakers in real time through the provision of advertising for Providers to share information about their baked products and enabling Customers to purchase the baked items directly from the Provider of their choice.

  1. Key terminology.

“You” and “Your” means You as the user of our Website

“Terms” and “Agreement” means these Terms and Conditions

“Conditions” means the terms of how you may use our Website

“ Media Limited” means the Owner, Administrator and Data Controller of our Website (includes “us, “we” or “our”)

“Sellers” means bakers registered with their details on the Website whether directly or through third party applications and websites

“Users” means Sellers and Customers who access our website

“Website” means the website (or Site) owned and administered by Top Bake located at www.topbake.co.uk

  1. Accepting our terms.

By using our services you agree to these terms (including the Privacy Policy together with any other documents referred to in these terms) whether as a guest or registered user (“Customer”).

We may update these Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Terms periodically for changes. By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, then please do not use the Services or any part of them.

  1. About us

The Website is operated by Top Bake Media Limited (“we” “us” “our”). We are registered in England and Wales with the company number 10364843.

  1. Quick overview (in a nutshell)

  • Registration on the Site is free! Yay!

  • Buyers pay for their order in advance and those funds are held in an escrow system and released to the seller once the order has been completed!

  • Orders are purchased through the seller’s page or through a Custom Offer.

  • Sellers must fulfil their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.

  • Sellers must be registered with their local authority to sell their products and should have an up to date food hygiene certificate.

  • Sellers must not – exchange contact details with buyers

  • All products advertised must have ingredients detailed and any allergies highlighted.

  • All orders must be delivered in hygienic boxes.

  • Users may not offer or accept payments using any method other than placing an order through topbake.co.uk.

  • Top Bake retains the right to use all published delivered works for Top Bake marketing and promotion purposes.

  • Users are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

  • Users are solely responsible for keeping your password and other account details confidential.

  • We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at hello@topbake.co.uk

  • We may prevent or suspend your access to the Site if you do not comply with any part of our terms or any applicable law. 

  1. Accessing our Service

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services on the Platform are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

  1. Seller Eligibility

You must provide current and accurate information (for example correct name and correct address) upon registration for the Platform.

After registration, Top Bake will carry out a verification process on the information provided. This includes processing personal information (name, address, including any additional information such as food hygiene certification, permission from council as required). For details on how we process and store your personal information, please refer to our Privacy Policy.

Sellers are required to update their product range regularly to ensure information is accurate and up to date.

By agreeing to our terms and using the site you acknowledge that any breach of these terms will result in any accounts involved being banned automatically.

General conditions of Use

  1. Treating our business with respect

As a condition of your use of the Site, you agree:

  • not to use the Site for any purpose that is unlawful under any applicable law or prohibited by terms and conditions of use;

  • not to use the Site to commit any act of fraud;

  • not to use the Site to distribute viruses or malware or other similar harmful software code

  • not to use the Site for purposes of promoting unsolicited advertising or sending spam;

  • not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

  • not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

  • not to promote any unlawful activity;

  • not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

  • not to post comments with malicious intent toward Sellers or Top Bake whether directly or indirectly;

  • not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;

  • not to attempt to circumvent password or user authentication methods; and

  • to comply with the provisions relating to our intellectual property rights and software.

A. This is for the sellers 

Sellers must ensure the site is not used for any purpose, which may be directly or indirectly illegal or used in any way contrary to Top Bake’s Terms and Conditions. This includes responsibility for information sourced through Top Bake’s website being passed on to a Third Party.

B. Variations to terms and acceptance thereof

Top Bake reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations. Where possible, Top Bake will notify Sellers of any variations in terms and fees by email to the registered email address used when registering on the platform.

  1. Account Registration & Features

Sellers

Access to the site is controlled by a username which is the email address used when registering on the site, and a password.

After registration, the site can be used for promoting your products, provide a visual representation of your product, stay up to date with customers’ preferences and learning opportunities.

Customers

Accessing the site gives customers the opportunity to explore baked products from sellers to suit their budget, location, dietary requirement, design and special occasion. Information provided includes pictures of products, ingredients as well as nutritional and allergy information. Customers will also be able to bookmark their favourite Seller, contact sellers and receive notifications based on saved preferences.

  1. Adherence to our Terms and Conditions

Sellers must ensure the site is not used for any purpose, which may be directly or indirectly illegal or used in any way contrary to Top Bake’s Terms and Conditions. This includes responsibility for information sourced through Top Bake’s website being passed on to a Third Party.

Sellers must not:

  • Post any products which are obscene or offensive

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • Infringe any copyright, database right or trade mark of any other person;

  • Post any unsolicited or unauthorised advertising, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;

  • Breach any legal duty owed to a third party such as a contractual duty or a duty of confidence;

  • Harass any other person;

  • Disrupt our service in any way;

  • Give the impression that they emanate from us where this is not the case; and

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

  1. Intellectual property rights

We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.

You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.

We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us on hello@topbake.co.uk. This includes cake designs, brands and trademarked designs.

  1. Description of Top Bake’s service

When you purchase goods and/ or services on Top Bake the resulting legal contract is between you and that Seller and such contract shall supersede these Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.

We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.

  1. Disclaimer of Warranties and limitation of liability

(a )To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.

(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

(c) Nothing in these Customer Terms shall exclude our liability for death or personal injury resulting from our negligence.

  1. How contracts are formed between you and Sellers

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.

No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

  1. Payment

Purchases for goods and/or services you make with Sellers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.

Delivery charges will vary depending on the destination to choose to have the item delivered.

All prices quoted include any applicable VAT.

  1. Seller Fees

Customers purchase cakes on the platform directly from their preferred baker. Top Bake requires 20% commission from baker within 14 days from date of sale.

  1. Non Compliance

Top Bake reserves the right to cancel registration or refuse access to the site. We shall not be liable for any loss or damages whatsoever arising from a Sellers and Customers inability to access any pages or features on the site. Top Bake further reserves the right to ban User’s IP address if the user abuses our site features.

Top Bake retains the right to prosecute and seek damages, both direct and indirect to the fullest extent permitted under law, arising from any Sellers found to be mis-using the website or using the website in contravention of these Terms and Conditions, or using the website in breach of any applicable national or international law.

 18. Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

  1. Delivery

Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

  1. Returns

If you wish to discuss or organise a return, exchange or refund of any item please contact us.

  1. Links

You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.

Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.

The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party. 

  1. Uploading material to the Site

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  1. Reviews and Ratings

You may leave reviews (“Reviews”) for a seller’s products. You may also rate the product using a 1-5 star rating system (“Rating”). You must complete any Reviews honestly based on your experience with the seller’s products.

As a seller you acknowledge and accept that your product’s Rating and Review will be publicly available for viewing on the Site.

We are not responsible for checking or editing the Reviews or Ratings on the Site but will from time to time undertake checks of the content that has been posted. If we come across any reviews which, in our absolute discretion, are illegal, defamatory, offensive or obscene then we reserve the right to immediately remove such posts without notice.

We will investigate any Review which is reported to us as being illegal, defamatory, offensive or obscene and take whatever action we deem reasonably necessary in relation that Review.

You agree to indemnify and hold us, our affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third party, arising out of or in connection with any Reviews or Ratings left by you on the Site.

  1. Viruses, hacking and other offences

You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

  1. Security of Data

Sellers agree to ensure the security of their data and the protection of their privacy.

Sellers must have security measures in place to prevent any unauthorised or unlawful access, disclosure, loss, destruction or damage to information held.

It is each user’s responsibility to ensure their products and images are backed up outside of the site. Top Bake does not offer any guarantees to the accessibility of this data at any time.

  1. Indemnity

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular, we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.

We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

Top Bake accepts no liability for any Loss arising out of the use of the information on the Website. Top Bake shall not be liable for deletion of files, mistakes, omissions, interruptions, errors, defects, delays in operations, transmission or any failure of performance or the inadvertent corruption of data transmitted, received or stored on the Website, whether or not limited to theft, acts of God, destruction, communication failure or unauthorized access to Top Bake records or the Website. This clause shall apply to all contents on the Website.

Top Bake shall not be liable for all or any indirect, incidental and consequential loss or damage, including but not limited to loss of profit, business, revenue, goodwill or anticipated savings, howsoever caused arising directly or indirectly in connection with the use or reliance by any Seller or Customer on the images or the information provided on the Website including without limitation, default or any acts of Top Bake, its employees, loss of data, inability to access the Internet, inability to transmit or receive information caused by or resulting from delays or interruptions, even if Top Bake has been advised of the possibility of such damages. 

  1. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

  1. Severability

If any of these Customer Terms 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.

  1. Entire agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

  1. Force majeure

Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

  1. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either topbake.co.uk or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of topbake.co.uk when acting as commercial agent of any Seller.

  1. Law and jurisdiction

Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales. 

  1. Promotional code terms and conditions

  2. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

  3. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.

  4. Top Bake promotional codes can only be used on Top Bake.co.uk and towards the purchase of items currently featured on our Site, excluding delivery charges.

  5. Promotional codes are an arrangement between you and us, and not between you and the Seller. Promotional codes cannot be used on the individual websites of any Sellers on topbake.co.uk.

  6. Promotional codes cannot be used in conjunction with any other offer on Top Bake, including (but not limited to) any other Top Bake.co.uk promotional code, in the same transaction, or for the purchase of gift vouchers.

  7. The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes should be entered on the payment page during checkout for the discount to apply.

  8. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. They may also have other conditions for use such as a minimum order value. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site (e.g., via an on-site banner).

  9. Top Bake reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. Top Bake may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.

  10. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

  11. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.

  12. These promotional codes are provided and operated by Top Bake Media Limited, UNITED KINGDOM.

  13. Feedback

General comments about the Site are always welcome, please contact us. If you have any complaint about a particular order please contact the Seller directly. To report any other issue, including report an issue with a Seller that could not be resolved with them directly please contact us.

© 2018 Top Bake

Privacy Policy Terms & Conditions