Terms & Conditions
1.1 This website is owned by Brown Cakes and these terms and conditions apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing and shall apply to all purchases on all our platforms
including but not limited to our website, Uber Eats, WhatsApp, Instagram, phone calls, text messages and emails.
1.2 The order constitutes an offer by you to purchase the Products from us in accordance with these terms and conditions and you are responsible for ensuring that the terms of your order and any applicable requirements, modifications and alterations (the “Specifications”) submitted by you are complete and accurate.
1.3 An order shall only be deemed to be accepted when we issue you with a written acceptance of the order, at which point the Contract shall come into existence.
1.4 You confirm that you have the legal authority and capacity to contract and are at least 18 years of age.
2. The Products
2.1 The products provided on our platforms include but are not limited to frosted cakes, cupcakes, quick breads, muffins (“baked products”) and spices (together referred to as the “Products”).
2.2 The Products and corresponding prices are provided in our menus on all our platforms and the prices for the Products set out on Uber Eats may vary from the prices set out on our other platforms.
2.3 We reserve the right to modify our menus which includes changing the price of any Product or taking an item off the menu without any prior notice to you and we shall notify you of any changes made to the terms and conditions on the “order” page of our website.
3.1 Any orders placed shall be in accordance with the menu provided on our website and on Uber Eats and may be modified by any Specification where applicable.
3.2 Once an order is placed, the date and time of delivery shall be as agreed upon by the parties.
3.3 Next day delivery is available for a selected number of our Products and you are required to make a request to confirm the availability of a slot for the placement of the order.
3.4 Once an order request is made, you will receive a confirmation of receipt via email, text, WhatsApp messaging, Instagram or, a phone call to confirm the availability and/or the Specifications of your request within a reasonable time after the request is made. We reserve the
right to accept or decline your request.
3.5 If we communicate to you that we cannot take your order request at a certain time, but should you insist that we provide you with a slot, we may accept the request and we shall use reasonable efforts to deliver your order in time but we shall not be liable for any delays.
3.6 Orders shall not be cancelled or exchanged once the deposit is paid however, we may only adjust the date of delivery of the order at our discretion.
4. Health risks and dietary preferences
4.1 We offer a range of baked products made with Wholegrain (Whole-wheat or Gluten-Free) and can also cater for Vegans and Refined-sugar Free options. Any Specifications to cater for food allergies or health related considerations should be expressly stated in writing in your order request.
4.2 We do not provide any nutritional or medical advice and require you to obtained guidance from a nutritionist or a medical practitioner prior to placing your order. We will not be responsible for any incidents involving personal food allergies or health conditions.
5.1 Where the order is to be delivered to you, the appropriate courier service to be used shall be agreed upon and the applicable price in relation to the time and place of delivery and we shall instruct the agreed upon courier to deliver your order to the location provided by you to us (Delivery Location) at the agreed upon time.
5.2 The price of the courier service varies depending on the type of courier service and the time and place of delivery in which the courier is instructed to deliver the order.
5.3 We shall not be liable for any damage that may occur on the order once the order has been placed in the possession of the courier.
5.4 You may collect your order from our premises or such other location as may be advised by us prior to delivery on the agreed upon date and time after we notify you that the order is ready. Failure to collect the order at the agreed upon date and time will attract a fee of KSH. 50 for each hour of delay.
5.5 Delivery is completed once the order is in your possession or in the possession of any third party indicated by you prior to the delivery. Any delivery to be made to a third party should be communicated to us prior to the dispatch of the order and their details should be provided.
5.6 We shall not be held liable for any losses or delays that may occur as a result of delivery to the wrong address or to a third party that causes a delay in the delivery.
5.7 Where the courier is not able to deliver an order to you or to a third party, the courier shall return the order to our premises and you will be required to pay the delivery fee for the delivery to your location, the return to our location and any subsequent delivery to you or to a third party.
5.8 We shall not be liable for any delay in delivery of the order that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the order.
5.9 If 7 calendar Days after the day on which we have notified you that your order is ready for delivery you have not taken actual delivery of it, we shall retain the deposit and amount paid and dispose of the order and if you require to order another after the 7th calendar day, the order will amount to a separate purchase.
6.1 We represent and warrant that:
(a) Our baked products are made with Wholegrain (Whole-wheat) and are freshly baked and may be customised to suit your preferences on request i.e Gluten-Free, Dairy-Free, Eggless and Refined-sugar Free options among other modifications that may be applicable;
(b) Our baked products will remain edible for a period of 3 days if placed on the counter and for a period of 7 days in refrigeration, from the date of preparation;
(c) All orders will conform with their description and any applicable Specifications; and
(d) All products will be delivered on the agreed upon date and at the agreed upon time.
6.2 Subject to 6.3, if you notify us upon delivery that the order does not comply with the description or any applicable Specifications, we shall, at our option, replace the order within reasonable time or refund the amount paid to us for the order in full and we shall only be liable for the cost of the cake.
6.3 We shall not be liable for the order’s failure to comply with the warranty set out in 6.1 if:
(a) The defect in the order arises as a result of your failure to follow our oral or written instructions as to the storage of the order; or
(b) The defect arises because of your omission of any specification while placing your order.
7. Title and risk
7.1 The risk in the order shall pass to the courier once the order is in their possession.
7.2 Title and possession in the order shall not pass to you until we receive payment in full (in cash or cleared funds) for the order.
8. Price and payment
8.1 The price of the order shall be the price set out in the price list however, additional charges may be applicable if you require customisation of your order such as fruit, selected flavours, edible print, toppers or toppings.
8.2 Wholesale prices are available on request for orders made in bulk and the price shall be agreed upon by the parties.
8.3 The total amount payable shall be agreed upon before the order is prepared and a non-refundable deposit of half the amount shall be payable to confirm the order and begin preparation.
8.4 Where an order is placed from outside Kenya full payment will be required prior to the confirmation of the order. We shall only prepare the order once we are in receipt of full payment.
8.5 The price of the Products:
(a) Excludes amounts in respect of value added tax (VAT); and
(b) Excludes the costs and charges of transport of the Products, which shall be payable by you to the courier upon receipt of your order.
8.6 The order shall only be released to the courier for delivery or to you or a third party for collection, once you have paid the balance of the purchase price in full and in cleared funds as agreed.
9.1 We respect your privacy and will only use your personal information such as your name, email address, telephone number, physical address and the details of any third parties you provide to us to provide our services to you.
9.2 We shall not disclose any personal information to any person outside of the company, unless you have authorised us to do so or unless required by law to disclose such information.
10. Intellectual Property
10.1 Designs, photos and logos remain the property of Brown Cakes and may not be published, sold, printed or distributed without our consent.
10.2 Designs may not be changed or damaged during styled photo shoots or published without our prior consent.
11. Force Majeure
11.1 We shall not be in breach of the Contract or otherwise liable for any failure or delay in the performance of our obligations if such delay or failure results from a Force Majeure Event.
12. AGREEMENT TO TERMS & CONDITIONS
12.1 By proceeding with a purchase on any of our platforms you agree with our terms and conditions as stated above.
13.1 Entire agreement. These terms and conditions constitute the entire agreement between the parties regardless of the platform of interaction used.
13.2 Variation. We reserve the right to vary any terms and conditions and we will notify you of such changes on our website.
13.3 Governing law. The terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of Kenya.
13.4 Jurisdiction. Each party irrevocably agrees that the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.