TERMS AND CONDITIONS
1.1 By ordering a product through our website, you accept that you are entering into a contract with us under these terms and conditions. Visitors to RumCakeStudio affirm they are bound by these Terms and Conditions each time they access RumCakeStudio.
1.2 If you do not agree to these terms you must not use this website.
1.3 Please note, we reserve the right to amend these terms from time to time.
i.Intellectual Property, Copyright Infringement
All content on the Website, including without limitation, the text, code, fonts, graphics, designs and photos created by and for Rum Cake Studio, and logos contained therein ("Marks"), are owned by Rum Cake Studio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Rum Cake Studio as expressly provided herein.Rum Cake Studio reserves all rights not expressly granted in and to the Website and the Content contained therein.
The Rum Cake Studio website is © 2021 Rum Cake Studio LLC – All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of RumCake Studio. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website, or with any features that prevent or restrict use or copying of any Content.
Placing an order
A contract for the purchase of a product is created as follows:
2.1 A contract for the purchase of a product is created as follows:
2.1.2 The User places the order on the Site by pressing the order confirmation button at the end of the checkout process. The customised product contained in the order is a "personalised product";
2.1.3 By confirming your order, you are agreeing to purchase the “personalised product” you have selected for your order;
2.1.4 At this point, we take payment for your order by means of your nominated payment method;
2.1.5 We will confirm our acceptance of your order by sending you an “order confirmation email”, which will make the agreement legally binding on you and us. Each order placed will incorporate the Terms and shall be a new and separate contract between you and us;
2.1.6 Once your Order has been despatched for delivery, you will receive a “despatch confirmation email”.
2.2 If your order is rejected we will contact you to confirm this and you will be refunded for your Order. We may reject an order for any of the following reasons:
2.2.1 If we do not have your chosen product in stock;
2.2.2 Where we cannot obtain authorisation for your payment;
2.2.3 If there has been a relevant pricing or product description error;
2.2.4 If your order otherwise breaches any of the requirements of these Terms;
2.2.5 We suspect that the order has been placed fraudulently;
2.2.6 The contents of your order is considered in breach of content rules (4.3)
2.3 We cannot make changes or cancel your Order once it has been placed – for further details on our Cancellation Policy, please see Section 6.
3. Products shown and pricing
3.1 We endeavour to ensure that every product on Rum Cake Studio is shown accurately, however, occasionally there may be small variations in colour, typefaces and layout.
3.2 The prices displayed on the website are subject to change and we reserve the right to change these at any time.
3.3 In rare cases, the price quoted for a Product may be displayed incorrectly. We will aim to rectify any such error as quickly as possible and will notify you of the correct price before you make your payment. We are under no obligation to provide the Product to you at the incorrect price, even after an Order Confirmation Email has been sent, if the pricing error is obvious and unmistakable and could reasonably be recognised by you as a mis-pricing.
3.4 Prices shown on the website are in USD. The price of the product does not include the delivery charge. You are advised of delivery charges at checkout.
3.5 Rum Cake Studio does not cover, and will not be responsible for, the payment of any additional customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the US.
4. Personalisation of products
4.1 It is up to you to ensure that all content in a personalised product is correct, and (for example) is correctly spelt or irregularly formatted. We cannot edit or cancel an order for a personalised product once it has been placed so please double-check your order on screen before confirming your purchase. Please refer to Section 6 for further information on Changing or Cancelling an Order.
4.3 Content Rules - we do not permit personalised products to include any content or material which:
4.3.1 is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
4.3.2 misrepresents identity or impersonates any person;
4.3.3 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;
4.3.4 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;
4.3.5 may harass, upset, embarrass or alarm any person;
4.3.6 gives the impression that it emanates from or has been approved by us;
4.3.7 advocates, promotes or assists any unlawful act.
5. Delivery of products
5.1 The cards and invitations sold by us are manufactured in facilities based in the USA shipped directly from these locations depending on the delivery address.
5.2 The price for delivery is shown separately to the cost of goods at the checkout stage before you place your order.
5.3 Delivery charges and times can be consulted on our Shipping & Returns page.
5.4 An estimated delivery date will be given when you place your order. Occasionally our delivery to you may be affected by an Event Outside Our Control, please see Section 15 for further information on this. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
5.5 Papier does not cover, and will not be responsible for, the payment of any additional overseas customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.
6. Changing or cancelling an order
6.1 You cannot cancel or edit your Order of personalised products once the order has been placed and an order confirmation email received.
6.2 We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammatical errors; poor image quality derived from low resolution images, order quantity, or other ordering errors, including delivery address. To prevent these errors from happening, please review your order carefully before proceeding to payment.
7. Refund policy
7.1 If, upon receiving your Product(s), the printing is faulty, you may request a refund or reprint in accordance with clause 7.2 below. We will not refund you if the Product(s) are in a good condition but the content is wrong due to a mistake made when ordering - please refer to Section 4 for further information on ordering personalised products.
7.2 You can request a refund or reprint in the case of printing faults within 7 days of the date of receipt of the Product(s). Please email with your order number, a description and clear photograph of the damaged goods and we will consider if you are eligible for a refund or reprint. As stated in Section 6.2, we do not take responsibility for customer generated mistakes.
7.3 If you choose to receive a refund, we will refund you the total amount you paid for the Product(s) plus any delivery charges you may have paid, within 28 days of the day on which you provide us with evidence that the Product(s) are faulty.
7.4 If you choose to have your Product(s) reprinted, we will do so free of charge and resend to you at no extra cost.
7.5 Please note, it is not our policy to offer both a refund and a reprint.
8. Returns policy
8.1 If, upon receiving your Product(s), printing is faulty, you may request a refund or reprint. Please refer to section 7 for further information. Due to the personalised nature of all of our products, we do not accept returns in the case that they are not faulty.
9. Payment and charges
9.1 We only accept all payments listed on the checkout function.
9.2 The total charges for the Products and delivery are listed on the checkout page and on the Order Confirmation Email.
9.3 When submitting your order, you warrant that all the details you have provided are valid and accurate at the time, and that when your order is accepted by us, payment will be made in full.
9.5 If we cannot accept your order for the reasons outlined in Section 2.2 then no charges will be made to your card.
10.2. Intellectual Property Rights (outlined above)
10.3 All material on our Website is either owned by or licensed by Rum Cake Studio and cannot be redistributed or reproduced without prior permission. This material includes, but is not limited to, designs, photography, text, layout, look and graphics. All worldwide rights are reserved.
10.4 You may not copy, distribute, create any derivative work or commercially exploit the content from Rum Cake Studio , or any of the material found on our Website without our prior express, written permission.
10.5 Unauthorised use of this website and the materials within it may give rise to a claim for damages and/or be a criminal offence.
11.1 Our site may contain links to other websites over which we have no control. 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 visiting or using those websites, you do so at your own risk.
12.1 We, and any of our members, agents, directors, employees or partners, have no liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
12.1.1 any loss of income or revenue, business, profits or contracts, and anticipated savings;
12.1.2 any loss or corruption of data;
12.1.3 any loss or damage which does not directly result from our failure to comply with this Agreement.
13. Risk and title
13.1 The Products will be at your risk from the time of delivery.
13.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
14.1 We reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due.
15. Events outside our control
15.1 We, or any delivery and production service we use, will not be liable or responsible for any failure to deliver, or delay in production or delivery of, the Products that are caused by an Event Outside Our Control, as defined below.
15.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, earthquake, subsidence, epidemic or other natural disaster, road traffic accidents and road closures.
16. Law and jurisdiction
16.1 These Terms, the Services and each Order and purchase of a Product are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to disputes arising in connection with these Terms. These Terms are offered in English only.