Terms and conditions

(Updated November 2017)

Here they are – the inevitable terms and conditions.  Put the kettle on, grab a slice of cake, and settle in for a scintillating but essential read…

Please note that these Terms and Conditions do not affect your statutory rights.  

Registration


By signing up to our website and purchasing products from Bakery108 Limited, you are agreeing to the Terms and Conditions of Sale which apply to all transactions at Bakery108.co.uk.  Signing up to the service means we must have the following information:

Your address, including the postcode of the billing address associated with the payment card.
Your delivery address and contact telephone number.
Your email address so we can supply you with important information such as your order confirmation.

How we will use your personal information


We will use the personal information you provide to us:
(a)   to supply the products to you;
(b)   to process your payment for the products; and
(c)    if you agree to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

Ordering


We must receive full payment for the products at the time you place your order.  For orders placed through the Bakery108.co.uk website we have a minimum order value of £10.00.  There are two stages to your order being accepted: the first is the ‘on-screen confirmation’ immediately after payment is made; the second is an email from us confirming your full order details.  It is only once we have emailed you confirming your full order details that your order is accepted (the “Order Confirmation”), at which point a contract will come into existence between you and us.  All products are sold subject to availability.  We reserve the right to cancel the contract between us if we have insufficient stock to deliver the products you have ordered.  In this case, we will contact you as soon as possible by email or telephone to offer substitute products or a refund.  

For large orders or business customers, we may, at our discretion, set a higher minimum order value and allow customers to make payment after receiving an invoice from us.  

You are not permitted to offer for sale or re-sell any of our products without our written permission.  If you want to re-sell our products for a charitable cause (like a bake sale), please contact us at Hello@Bakery108.co.uk.

Product Prices and Descriptions


The prices payable for products that you order are as quoted on the website at the time you place your order.  Prices may vary.  Barring any inadvertent typographical or technical error, we will honour any prices published at the time that you place your order.  All of our prices are inclusive of VAT.  Most of our products are zero-rated, but some include VAT at the standard rate.  Our VAT registration number is 278 9535 39.

While we take great care to ensure that product descriptions, photos and information and prices are accurate, we do not accept liability for any inaccuracies, errors or omissions.  As we are an artisan bakery baking in small batches, slight variations in appearance and taste are to be expected.  

Each product description includes allergen advice, and each product is delivered with a label indicating any allergens present in the recipe for that product.  However, as all of our baking is done in a home kitchen that handles wheat, eggs, dairy, nuts and other allergens, we cannot guarantee the absence of traces of any allergens not listed.  If you need more information about any of the products we sell, or have other queries, please email Hello@Bakery108.co.uk or telephone 07437452221.

Amending or Cancelling an Order


As an online retailer, we are governed by the UK Consumer Contracts Regulations 2013.  However, as we are selling perishable goods, the regulations relating to the cancellation of orders  do not apply to us.  You can read about the Consumer Contract Regulations at http://www.legislation.gov.uk/uksi/2013/3134/made/data.pdf.  Consumers are also protected by the Consumer Protection from Unfair Trading Regulations 2008 which are available at https://www.legislation.gov.uk/uksi/2008/1277/pdfs/uksi_20081277_en.pdf.  

If you wish to cancel your order, you may request a cancellation up until 24 hours before your order is due to be delivered, but as we bake our products to order and are selling perishable goods we reserve the right not to accept your request.  We are not able to consider requests for order cancellation within 24 hours of your order’s scheduled delivery.

If you wish to make a change to an order that you have already placed through our website, you can request this up until the order deadline for your delivery window (currently, this is 10:00 a.m. on Wednesday for Friday deliveries) and we will do our best to accommodate you.  Please contact us at Hello@Bakery108.co.uk or telephone us on 07437452221.  Your total amended order value must still be at least £10.00 for us to accept the changes to your order.  

Delivery


For orders placed through the bakery108.co.uk website, we currently only deliver to Bristol BS6 and BS7 postcode areas.  Delivery is free with our minimum order of £10.00.

Your order confirmation email will state the date and time window for your delivery.  If you are not able to receive your order during this time, you may contact us by emailing Hello@Bakery108.co.uk or telephoning 07437452221 to request that we leave it with a neighbour (providing they also live in the BS6 or BS7 area) or in a specified safe place on your property.  We cannot accept any liability for any loss or damage to your order once it has been delivered in accordance with your instructions (unless it is caused by our negligence).

If there is no one to receive the order at the delivery address during the specified time window and no alternative delivery instructions have been received, we will try to contact you once by telephone you for instructions on where it can be left.  If we can’t get hold of you we will leave your order outside your property and put a note through your door indicating where it has been left.  While we will take reasonable care to leave your order in a suitable location, we cannot accept any liability for any loss or damage to orders left outside of your property where no one is available to receive them (unless caused by our negligence).  We are not able to make repeat attempts at delivery.  

We will always do our best to ensure that your order is delivered within the expected time window.  If, due to circumstances beyond our control such as weather and traffic conditions, we are not able to deliver your order by the specified time, we will contact you to arrange an alternative delivery time.  Please let us know as soon as possible if your order has not arrived in the expected time window.

As our products are perishable, it important that you check your order as soon as it arrives. In the unlikely event that an item is missing, incorrect, defective or damaged through our negligence, please let us know as soon as possible and within 24 hours of delivery at the latest. If you notify us of a problem under this clause, our only obligation will be:

to make good any shortage and replace any products that are missing, incorrect, defective or damaged through our negligence or to supply and deliver suitable substitute products if your original choice cannot be delivered for any reason
Or
to refund to you the amount paid by you for the products in question.  This will be done as soon as possible and, in any case, within 14 days.

Due to the perishable nature of our products, we cannot accept any returns of items.

We hope you will be delighted with your Bakery108 order.  If you are not happy with any of the items you have ordered or with our delivery service, please contact us, either by emailing us at Hello@Bakery108.co.uk or by telephoning us on 07437452221 and we will do our best to resolve the problem.  

 

Ownership of Rights


All rights, including copyright, in this website are owned by or licensed to Bakery108 Limited.  Any use of this website or its contents including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.  You may not modify anything on this website for any purpose.


Damage to Your Computer


We try to ensure that this website is free from viruses or defects.  However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer.  It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

Changes to Terms and Conditions

We reserve the right to change these Terms and Conditions from time to time and you should look through them as often as possible.  If you do this, let us know – we will be very impressed!

 

Privacy


You acknowledge and agree to be bound by the terms of our Privacy Policy.


Bakery108 Statement of Limitations of Liability

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The limitations of liability in these conditions shall apply equally for the benefit of Bakery108 Ltd and any other associated company of Bakery108 Ltd as if references to Bakery108 Ltd included references to each such associated company.

While Bakery108 Ltd uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness, and Bakery108 Ltd will not be responsible for any errors or omissions or for the results arising from the use of such information.  Bakery108 Ltd will not be responsible nor liable for your use of any other websites which you may access via links within this website.  Bakery108 Ltd does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Bakery108 Ltd.

The entire liability of Bakery108 Ltd under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions. Bakery108 Ltd will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

Bakery108 Ltd may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Bakery108 Ltd. No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

 

Which laws apply to this contract and where you may bring legal proceedings.


These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

 

Registered company address and VAT Registration Number

Bakery108 Limited is a limited company registered in England and Wales No: 10928920.   Our Registered Address is  72 High Street, Portishead, Bristol, BS20 6EH.  Our VAT Registration Number is 278 9535 39

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