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We want you to be completely happy with your Afrocakery order so if any product arrives incorrect, damaged or faulty then please contact us right away (within 3 days at most) and we’ll do everything we can to help. The faster you contact us the faster we can help find a solution. DAMAGED, FAULTY OR INCORRECT ITEMS Under the Sale of Goods Act, Afrocakery are happy to replace or refund any damaged, faulty or incorrectly supplied item right away. We may require a photo of any damages so that we can claim with the couriers. On some occasions the item may need to be returned to us so that we can identify the root problem and return faulty items to the manufacturer. Where this is necessary, Afrocakery will reimburse your reasonable return delivery costs up to correctly calculated 1st class post if arranged with us in advance. Items returned without first arranging with us are done so at your own risk and cost. In some cases, it may not be safe or possible to send a replacement (e.g. outsized cake boards / boxes would almost certainly not arrive intact if posted on their own) so we would refund in full for the incorrect item. Where you opt for a refund instead of a replacement, we will happily refund the amount you paid for the item(s). Additional charges paid at the time of ordering (e.g. Express delivery charge or other services such as MPESA charges/Bank charges) are not refundable. We understand that there will be times when a replacement is required urgently and we will do everything we can to help. However, for an item to be replaced, we must be in possession of the item to be replaced. RETURNS The Consumer Rights Act 2015 and Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 provide additional protection for customers who are ordering goods at a distance and who do not have the opportunity to inspect these goods in person prior to ordering. Afrocakery sells well-known, brand-named goods from the industry's biggest names and we assume that most customers will be familiar with these brands and products. Afrocakery also recognize that not every customer will be familiar with goods in this way and we accept that customers have the right to EXAMINE goods on delivery and can decide to return them. However, we stress the word examine which excludes trying or using an item or even removing most items from their retail packaging. Afrocakery does not supply goods "on approval". Where a customer buys two or more items with the intention of choosing which to keep, we are happy to refund the price of the returned item only - any shipping costs will be understood to apply to the item(s) the customer has decided to keep and will not be refunded. WHAT ADDITIONAL RIGHTS DO I HAVE? Once your order arrives, you have a 3 calendar day 'cooling off' period, during which time you can examine and decide to return items from the order that are not as you expected them to be, excluding edible, food-contact and some other items outlined above. You must contact us within this three-day period to let us know you wish to exercise your rights under the regulations, and then return the order within 3 calendar days of contacting us. This is explained in more detail below. WHAT IS AFROCAKERY REQUIRED TO DO? We must give you certain information prior to conclusion of the contract - including who we are, where we are located, how you can contact us, accurate product information, prices (including all taxes), delivery timescales, your right to cancel and other information like that - basically, accurate and honest information to help you make an informed choice about your purchase. We believe we have done all this but please let us know where you feel we can improve information. The contract is formed when you place an order. CAN I CANCEL AN ORDER BEFORE IT HAS BEEN SHIPPED? Yes, you can cancel your order at any point prior to it being shipped and we will refund the full cost paid, including any shipping costs but less any charges that may be incurred to process the refund. The only exception is where the order includes a special order / customized / personalized item which is already being manufactured / supplied, in which case that item / those items cannot be cancelled. Your cancellation rights end as soon as we begin work on any personalized, customized, made-to-order or specially sourced / ordered / non-stock items as identified on the website. Please remember that orders can be shipped almost immediately, so we cannot guarantee that you will be able to cancel an order before it has been shipped. Our Customer Service team can only deal with emails during office hours, so it's perfectly possible that your order may have been shipped before one of our Customer Service team is able to respond to your request. Simply sending an email stating that you wish to cancel is not enough - we must receive the email and have a reasonable chance to respond during business hours. Include 'CANCEL MY ORDER' in the subject title of your email. HOW DO I ARRANGE TO RETURN AN ORDER? You must email us to inform us of your intention to cancel under the regulations, within 3 calendar days of receipt and you will receive an acknowledgement as soon as we have received your message. If you do not receive an acknowledgement within 24 hours this simply means we haven't received your email. Please note that under the regulations, simply sending the message is not sufficient; you must actually 'make contact'. You then must return the order to us within 3 calendar days from the point of making contact. If you return an order (or refuse delivery of an order) before first making contact with Afrocakery, then please be aware that, under the Regulations, this is not understood to be you exercising your rights to cancel and that the order remains your responsibility, and that any subsequent delivery and/or return costs cannot be refunded. Please think of it as you sending the order to us via the courier in question - should the order be subsequently damaged or lost then the responsibility is yours, not ours, so we cannot refund unless it is received by us in acceptable condition CAN I RETURN ANY ITEM I'VE ORDERED FROM AFROCAKERY? This is a very important area and we'd ask you note our explanation carefully. Some products are exempt from return under the Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations; these include any items which are personalized or customized - which we interpret as including special order / made-to-order items ordered specifically for you. Perishable goods are also exempt from return. 'Perishable goods' covers edible products. Included in the list of exceptions are "goods that by reason of their nature cannot be returned". Afrocakery interpret this to include goods where food safety and hygiene is a consideration (in much the same way as items like ear-rings and underwear are exempt from the regulations), although some may disagree with our interpretation. To avoid any future disagreement we respectfully ask that you do not order from us unless you accept our position on food safety and hygiene. Afrocakery take food safety extremely seriously. We will never, ever, re-sell any edible item which has been returned by a customer, nor will we re-sell cake boards, boxes or other items designed to come in to contact with food. The reason is simple: in our own premises we can control hygiene, temperature and humidity but we have no idea how clean someone else's house is. For all we know, a cake board could be stored next to the pet dog's food bowl, or in the boot of a car, or handled by dirty fingers - there is just no way we would expect a customer to buy a product from us that had been previously returned by someone else. The umbrella concept of this legislation is to allow a customer to examine the item in a way they would have been able to do before purchasing it from a physical shop. However, if a customer orders red Regalice and then asks to return it because she really wants black Regalice, our position is that the Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations do not allow that type of return - because the customer does not have to 'examine' an item to realise the difference between red and black, or to realise that he/she has made a mistake when ordering. In other words, the regulations are not (and were never intended to be) a catch-all way of allowing anyone to return anything for any reason at any time. WHAT ARE MY RESPONSIBILITIES? The consumer must contact the supplier within 3 calendar days of delivery as explained above. The consumer is responsible for the safety of the item until it is returned to the supplier, including while in transit. Used, part-used and items which are no longer in a re-saleable condition cannot be returned. Care should be taken with packaging where this forms part of the item - ie retail packaging. Please remember we're talking about items where you've simply changed your mind, so there is no need for an item to have been removed from its packaging or used. The consumer is responsible for the safe delivery of the item to the supplier, just as the supplier was responsible for safe delivery to the customer. It must arrive with us safely and in perfect condition – simply shipping it back is not enough to satisfy your responsibilities under the regulations. HOW DO I ACTUALLY RETURN AN ORDER? Afrocakery can advise on how best to proceed when you contact us – remembering that it's your responsibility to return the item(s) safely and in accordance with the regulations – Afrocakery cannot arrange to return the item(s) for you automatically. This summary can be taken as our written notice that this is what we require to happen. We can help arrange a return courier service. We are happy to offer suggestions based on item size and weight when you contact us but the act of returning and paying for the return of any item is the responsibility of the consumer. WILL I GET A FULL CREDIT / REFUND? Yes, absolutely - if everything has been done as outlined above. When we receive the item(s) back from you and have checked they are unused and in good condition, we will credit your account or, in the specific circumstances allowed by the Regulations, refund you in full including any standard shipping costs included in delivering that item to you. Where the returned item(s) are part of a larger order which you decide to keep and where the shipping costs for the items you decide to keep is equal to those of the returned items, Afrocakery cannot refund any shipping costs. The 'refund' is normally processed as a credit to your Afrocakery account unless you specifically request a physical refund, in which case this will be made the same way you paid - eg via MPESA or a refund to your debit / credit card. Your refund will be processed within 48 hours of the item arriving with us and the regulations state that we are obliged in all cases to refund within 14 days of cancellation at most - "cancellation" being the date the returned item is received by us. There's no reason why a refund would take anything like that long to arrange unless there is a problem with the actual item(s) being returned. An area of exception is where the regulations consider that "work" has commenced on an order. In such circumstances the cancellation rights end at the point work commences. In relation to Afrocakery orders this applies to special order items, customized or personalized items, cut ribbon and to Express orders where orders are packed for shipping very soon after the order has been placed and for which a small premium has been charged. We are happy to accept the cancellation / return of Express orders but reserve the right not to refund the part of the charge relating to the express nature of the service – in other words only the standard shipping charge would be refunded. For the avoidance of doubt we stress this is not a re-stocking or administration charge (both of which are not permitted by the regulations) but is the charge for an additional service in picking, packing and shipping the order very quickly. One other important point . . . if your original order was over Kes. 20,000 and you received free shipping, and you then return an item which brings your order total to under Kes. 20,000, the original shipping charge is payable and will be deducted from any refund due. So in a small number of cases it may not be worth returning an inexpensive item simply because you change your mind. We only mention this to help customers decide on their best course of action and we have no desire to discourage you from exercising your rights under the Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.