Terms of Sale

Terms and conditions of use

1. Introduction

1.1 These terms and conditions govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. The Website is not directed to children under the age of 18. If you are under 18 years old, you may not place an order online with Ooh Lou Lou Ltd. If you are under 18 years old may not input or provide Ooh Lou Lou Ltd with personally identifiable information.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookie policy.

2. The Service

2.1 When using the Website, you may review food and place an order for food and merchandise. Once your order is complete and payment is received, Ooh Lou Lou Ltd will review your order and e-mail you a message acknowledging and confirming acceptance of your order.

2.2 If you notice an error in the email order confirmation, you must contact us immediately and we will do our best to accommodate any changes subject to availability, but we cannot guarantee this.

2.3 If you wish to make changes or additions to your order, or change the date or time of delivery or collection of your order, then we will of course do our best to accommodate this, subject to production allowing us to make the changes required in the time required. We cannot guarantee that we are able to make these changes unless 7 days notice is provided, and as such, unless 7 days notice is given, full payment will be taken as provided at the time of order. Unless otherwise specified by us at the time of order, cancellations made to website or telephone orders with 7 days notice will receive a full refund. After this time, Ooh Lou Lou Ltd will consider refunds at our discretion. A refund will only be made to the same credit card with which your order was placed.

2.4 Your order is not accepted or confirmed until Ooh Lou Lou Ltd has received payment in full for the products ordered.

2.5 Orders can only be delivered to the address specified at the time of order and will be delivered within the time slot confirmed in your order confirmation.

2.6 Collections from our Church Street bakery will be available for collection during the time specified in your order confirmation. If for any reason you are not able to collect the order in the specified time slot, please contact us and we will arrange to hold your order for a maximum of 24 hours.

2.7 Please ensure that someone is at the address specified for delivery to receive the order. Should there not be anyone at the specified address to receive the order we will do our best to leave the order in a safe place, but if we are not able to do this, we will leave the order at the given delivery address. We are not able to guarantee a re-delivery of the order. Any re- delivery arranged will be with a special arrangement courier and chargeable to you.

3. Copyright notice

3.1 Copyright (c) Ooh Lou Lou Ltd.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate, current, complete and non-misleading.

5. Registration and accounts

5.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.

5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

6. User IDs and passwords

6.1 If you register for an account with our website, you will be asked to choose a user ID and password.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may:

(a) suspend your account;

(b) cancel your account;

at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on our website

8. Report abuse

8.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

8.2 You can let us know by email at cupcakes@oohloulou.com.

9. Limited warranties

9.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

9.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

9.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

10. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Indemnity

12.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our website.

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Third party websites

14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

14.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Trade marks

15.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

15.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

16. Competitions

16.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.

16.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

17. Variation

20.1 We may revise these terms and conditions from time to time.

20.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

18. Assignment

18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19. Severability

19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Third party rights

20.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

21.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

21. Entire agreement

21.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

22. Law and jurisdiction

22.1 These terms and conditions shall be governed by and construed in accordance with English law.

22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

23. Statutory and regulatory disclosures

23.1     174 2018 29

24. Our details

24.1 This website is owned and operated by Ooh Lou Lou Ltd.

24.2 We are registered in England and Wales under registration number 8421673, and our registered office is at 57 Vale Road, London, N4 1PP.

24.3 Our principal place of business is at 121 Stoke Newington Church Street, London, N16 0UH.

24.4 You can contact us by writing to the business address given above, by using our website contact form, by email to cupcakes@oohloulou.com.