Terms & Conditions

  1. General

 

The Terms and Conditions apply to the eatmyphoto.co.uk website. By visiting our website and/or placing an order, you accept that you have read these Terms and Conditions and agree to adhere to them in their entirety. If you do not agree to these Terms, you must not use this website.

We occasionally update these terms, please check this page for the latest version each time you visit eatmyphoto.co.uk

These Terms, the Services and each order and purchase of a product shall be governed by English law.

You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.

We do not separately file the Terms entered into by Users when they register for eatmyphoto.co.uk. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.

  1. Trading details

Eat My Photo is a trading name of Eat My Logo Ltd. When buying products from the eatmyphoto.co.uk website, you will be contracting with Eat My Logo Ltd, a limited liability company incorporated in England and Wales under the company number: 9348291.

Head office: 7 Edward Street, Chorley, Lancashire, PR6 0RE

Email address: marketing@eatmyphoto.co.uk

Telephone number: 0345 340 9908

VAT registration number: 166218603

Our working hours are Monday to Friday 9am – 5pm excluding public holidays in England.

  1. Ordering

3.1. Product description

Whilst we try to ensure that every product on the Eatmyphoto.co.uk website is represented accurately and that our prices are correct there may, occasionally, be small variations in colour, fonts and layout. Eat My Photo disclaims all representations and warranties that the content or information on this website is accurate, complete, up to date or does not infringe the rights of any third party.

3.2. Placing your order

When you place an order with us (by choosing an item, uploading a design and completing our online checkout process), we will send you an acknowledgement by email, this will detail the products you have ordered and which images you have uploaded. Your completion of the checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we despatch it. A ‘purchase contract’ between you and Eat My Photo is therefore made at the point of despatch, and not at the point of ordering or payment. If we notify you that we are cancelling your order or cannot accept your order, no purchase contract will have been made.

Occasionally, we may cancel an order due to the following reasons:

  1.  If, we do not have your chosen ingredients or products in stock
  2.  Where we cannot obtain authorisation for your payment
  3.  If there has been a pricing or product description error
  4.  If you do not meet any eligibility criteria set out in our terms and conditions
  5.  If the order for personalised products contains reference to any copyrighted information where you have not obtained permission
  6.   If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.

We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.

3.3. Changing or cancelling an order

 All our cakes and cupcakes are baked and decorated to order and therefore cancelling an order may not be possible. Should you wish to cancel or amend your order call us on 0345 3409908, please have your order number and email address to hand. Under some certain circumstances, it may be possible to place your order on hold for another occasion.

Office hours are Monday to Friday 9am to 5pm – all enquiries will be dealt with during these hours.

3.4. Personalising your cakes

Eat My Photo aims to provide you with a fast, high-quality cake decorating service. Please carefully double-check your order on screen and again, once you receive a confirmation email to ensure that all the details are correct. You will be asked to confirm your designs during the product builder process.

We will not offer any refund where your order has been delivered and the personalisation has been misspelt by you or a photo has been uploaded and has not been of the correct quality.

When you are uploading a photo, images must be in JPEG or PNG format.  Any other format such as Word documents and PDFs cannot be accepted. If you try to upload a photo that has a low resolution or image size, we will accept it and cannot be held responsible for the print quality.

3.5. Image Quality

We will do our best to reproduce your photo or design to the best quality we can, however printing onto icing is not an exact science and we cannot 100% guarantee to reproduce an exact replication of an image to the same quality as traditional in onto paper.  For more information please see our Print Guidelines.

Our print guidelines detail how to get the best out of your image and our products. Customers placing orders will accept our terms and conditions and there will be no financial redress should the image quality not meet expectations.

3.6. Payment

At Eatmyphoto.co.uk you can pay for your goods using most major credit or debit cards, or PayPal.

3.6.1 Credit card transactions

Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider (Barclaycard) for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order.

  1. Supply and pricing of goods

4.1. Supply of Goods

The baked products sold on our website are manufactured in the UK and Europe from the highest quality ingredients and despatched directly from the Eat My Photo bakery and will arrive fresh and in good condition.

4.2. Prices and sales tax

All prices shown on the website include VAT tax at the prevailing rate if applicable. Specific details regarding sales tax are outlined below:

Baked goods are zero-rated and therefore no VAT is charged

Non-food Items such as candles and other non-food add-ons will be charged at the standard rate.

  1. Returns and Refunds

At Eat My Photo, we always send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, please contact us to let us know of the problem within two working days of delivery.  We will then discuss the next steps with you.

5.1. Reporting a problem

If for any reason, you are not happy with your Eat My Photo order, please contact the Customer Service Team. Call 0345 340 9908 or email enquiries@eatmyphoto.co.uk. You will need to quote your order number and email address.

We aim to deal with any problem immediately and will do our best to resolve it. We will ask you to provide photograph(s) of the product to help us understand the problem.

5.2. Returning products and issuing refunds

If the recipient receives damaged product(s) or they fail to arrive, please contact us immediately so that we can arrange a resolution.  The resolution offered will be determined on a case-by-case basis. The outcome of which may result in no action by Eat My Photo, a partial or full refund, a voucher with money off a future order or a replacement product.

It is not our policy to offer both a refund and a resend.  Where a cake has been damaged, we will normally ask for photographs clearly showing the problem to allow us to determine the cause of damage and to review our processes. It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered.  We need to be informed of any issues within 24 hours of delivery to give us the best chance of successfully resolving the issue.

Refunds cannot be given if the fault is a result of your own actions such as product misuse, incorrect address information, misspelt personalisation or if you have uploaded an image of a low resolution or size.

The maximum that can be issued would be the total cost of the order including delivery.  We do not offer any form of further compensation other than set out in these terms.

5.3. Multiple refund requests

If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right to refuse a refund or replacement of an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.

  1. Your privacy and security

Eat My Photo is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998.

  1. Delivery

You will be asked to choose a specific delivery date when placing your order and we will do our best to arrange delivery for that day.

All our products are delivered using a reliable, guaranteed next-business-day delivery service to ensure your cake arrives on time. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. All of our products keep well for several days, please see the individual listings for details.

All deliveries are carried out by our delivery partners that include but are not limited to APC, DPD or Royal Mail.  Eat My Photo works closely with all our delivery services to ensure that your order is delivered on time and in the condition which it left our bakery.

It is your responsibility to ensure that all delivery information is accurate and that someone is available to receive the delivery on the delivery day. Eat My Photo take no responsibility for failed deliveries.

If there are any issues with delivery then you will need to report this immediately to our Customer Services Team so that they can work with the couriers to resolve the issue as promptly as possible.

7.1 Delivery locations

We can deliver all of our products to mainland UK with the exception of the following postcodes:

Scottish Highlands – AB36-38, AB55-56, FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH19-26, PH30-41, PH49-50

Scottish Islands – HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3

We also cannot deliver to:

Northern Ireland
Ireland
Channel Islands
Isle of Man
Isles of Scilly

7.2. Failure to deliver products

If the recipient is not at home, the courier will complete a “Sorry You Were Out” card, which is posted through the letterbox, to notify the recipient of an attempted delivery. The couriers will also try a neighbour if possible before taking the delivery back to the depot. Our couriers will try all available options to deliver the product(s) within their remits before returning the order to the depot.

If you have provided us with an email address and mobile phone number then the couriers may email or text tracking information and delivery options to you directly.  If you need to make changes to a delivery that has been dispatched by Eat My Photo you must contact the delivery company directly.

Couriers do not call ahead to advise they will be delivering and phone numbers provided are for the sole use of when a location cannot be found.  A driver will call for further directions in these instances.

The courier may attempt redelivery later in the day but does not guarantee this will happen. If re-delivery is not attempted on the same day they will try again the next working day (i.e. Monday, if Friday is the delivery date). The recipient also has the option to call or go online to arrange a redelivery on a specified day of their choice.

7.3 Delivery Process

While we pass along specific delivery instructions to our couriers it may not always be possible for these to be adhered to.  Therefore, we do not guarantee these actions will take place. A driver may decide not to leave the products in a specified place if, for example, they believe there is a risk of theft. If we do follow your delivery instructions and the products are subsequently stolen or damaged, Eat My Photo will not be liable for this loss.

Please note that orders can only be delivered to premises where it can be signed for unless stated by the customer during the ordering process. The recipient also has the option to call or go online to arrange a redelivery on a specified day of their choice. Eat My Photo shall not be liable for any loss or refund if the courier cannot obtain a signature.

  1. Content Rules

We do not permit personalised products to include any content or material which:

  • infringes anyone’s copyright: you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright holder to include that image or other content in the personalised product
  • infringes any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
  • contravenes any applicable law (including, without limitation, any criminal law) or regulation
  • is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
  • misrepresents identity or impersonates any person
  • includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
  • contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
  • may harass, upset, embarrass or alarm any person
  • gives the impression that it emanates from or has been approved by us
  • advocates, promotes or assists any unlawful act

The original photographer of the image, or any such other third party image as used by the customer, will remain the copyright of the customer. It is the customer’s responsibility to ensure that any image used but not owned by the customer has the permission of the owner to use the image. If we recognise any illegal use of other people’s copyright we shall refuse to print them.  Eat My Photo will not be held responsible for any copyright infringement by the customer.

  1. Circumstances Beyond Our Control

Neither we, nor any delivery service that we use, shall be liable for any failure to perform services where such failure or delay results from any circumstances beyond our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

  1. Reporting a problem

If for any reason, you are not happy with your Eat My Photo order, please contact our Customer Service Team on 0345 340 9908. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 10 working days (usually it takes 1-2 working days) and will do our best to resolve it within 28 days. We may ask you to take photograph(s) of the product to help us communicate with our suppliers and enable us to adjust our processes to avoid future problems. Should it be necessary, we will then advise you how to return your item.

  1. How we use your contact information – Privacy Statement

The personal information you provide to us will include your contact and delivery details, payment information, and information about people to whom you wish us to deliver products.

We will not disclose any of your personal data without your permission unless:

  • we are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention or detection of crime or fraud)
  • we are in negotiations with a third party for the sale or purchase of any of Eat My Photo business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets
  • Eat My Photo, or substantially all its assets is acquired by a third party, in which case personal data held by Eat My Photo about its customers will be one of the transferred assets
  • to enforce or apply these Terms and other agreements to which you are party, or to protect our rights, property, safety, customers, or others

We will use your information to send you regular email newsletters, keeping you informed of new products and seasonal offers. You can choose whether to receive these newsletters when registering and change that decision subsequently when logged into your Account on the Website.

Where a phone number is requested, we may use this to contact you to ensure that you are happy with the service you received.

  1.  Intellectual Property

12.1. All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website or App is protected by Eat My Photo or third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.

12.2. You may use and access eatmyphoto.co.uk to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trademark or other intellectual property notices contained in material taken from eatmyphoto.co.uk

12.3. No one may copy, distribute, show in public or create any derivative work from eatmyphoto.co.uk, or any of the material which is found on eatmyphoto.co.uk unless properly licensed in writing by us to do so. You are not allowed to use eatmyphoto.co.uk (or to copy or use any material found on eatmyphoto.co.uk) for any commercial purpose other than to conduct the purchase of a product from Eat My Photo.

No-one may use any robot, spider, scraper or other automated means to access eatmyphoto.co.uk for any purpose without our prior express written permission.

12.4. Website content and service access

We will always try to ensure that eatmyphoto.co.uk is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

  1. Links

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

  1. Liability

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.

Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.

We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

  • for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
  • any loss or corruption of data
  • any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising

Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website or App, or anything done while your Account is logged into the Website or App.

We reserve the right at any time and without notice to (a) suspend or terminate your ability to access eatmyphoto.co.uk, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using eatmyphoto.co.uk if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.

In addition, we are entitled to suspend the provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

15. Suspension

We reserve the right at any time and without notice to (a) suspend or terminate your ability to access eatmyphoto.co.uk, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using eatmyphoto.co.uk if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.