Terms and Conditions
The important stuff you should know about using our website:
(A) Data Protection Act (1998)
The Data Protection Act 1998 gives individuals the right to access the personal information companies process about them. Individuals have the right to: know whether we, or someone else on our behalf, is processing personal information about them, know what information is being processed, why it is being processed and who it may be disclosed to, receive a copy of the personal information about them and to know about the sources of the information.
To obtain access to personal information held about them, an individual must send either a written or electronic request - known as a subject access request (SAR). The SAR doesn't have to refer to the Act but should make it clear that it is a formal request from the individual and not just an everyday enquiry. We charge a small fee of £10 to provide the information requested. We may ask for proof of identification of the individual, in the form of an official document - eg a council tax bill, driving licence or passport. We can also request additional information that we might need to respond to the SAR.
(B) Distance Selling Regulations (2000)
Under the regulations, consumers have the right to: details in writing about the supplier and the terms of the transaction, written confirmation of their orders further information, including a notice of cancellation rights, the complaints procedure, after-sales services and guarantees, and finally delivery within 30 days unless otherwise agreed.
Usually, consumers have a cooling-off period of seven working days in which to cancel the contract, starting from when the goods are received, without having to give a reason. If no details of the cooling-off period have been given by the supplier to the consumer, it is extended to three months. The right to withdraw can be exercised by the consumer even after the goods have been delivered, or the services have been provided. The consumer is entitled to receive a full refund for a cancelled contract within 30 days. However, as we are selling goods with a limited self life, and must be consumed within 4 days of collection, this cooling-off period does not apply to us. You can find our cancellation policy and permitted delays further down on this page under section 9.
The important stuff you should know about ordering through our website:
Please read these conditions of sale carefully.
You will be asked to expressly agree to these conditions of sale before you place an order for products from our website.
In these conditions of sale, “we” means Birds (Derby) Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
These terms and conditions of sale apply to our website, http://www.birdsbakery.com and all of its contents.
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you select the product you wish to order on the online order form
(ii) complete your personalised cake details and enter your personal details and then proceed to the secure payment
(iii) you will be transferred to SecureHosting, and SecureHosting will handle your payment
(iv) we will then send you an order confirmation email
(v) once we have checked whether we are able to meet your order, we will contact you if we are unable to proceed with your order, at which point you will be refunded, or if we are able to proceed as is usually the case, no further action will be taken as confirmation has already been made (at which point your order will become a binding contract).
We will not file a copy of these conditions of sale specifically in relation to your order. We may update the version of these conditions of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these conditions of sale for your records.
The only language in which we provide these conditions of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order information before making payment. You may correct those input errors before placing your order by editing your order details.
(4) The products
The products sold through our website are customizable celebration cakes for collection.
(5a) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable). Payment for all products must be made by debit or credit card.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(5b) Discounts and Sale Periods
We do not currently offer any discounts for orders placed online.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these conditions of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are resident in the United Kingdom; and
(e) you are at least 18 years of age.
(7) Delivery policy
All products ordered through our website are for STORE COLLECTION ONLY.
We will arrange for the products to be delivered to the Birds high-street shop of your choice, indicated by you on the order form. We will use reasonable endeavours to deliver products on the date for delivery set out in our order confirmation. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be to the shop of your choice. We will only deliver products to our retail shops.
(8) Risk and ownership
The products will be at your risk from the time of collection. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products.
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
All celebrations cakes which have been ordered more than 3 working days (working days exclude Saturday, Sunday and all Bank Holidays) prior to the delivery may be cancelled within 24 hours of placing your order provided your order has not already been passed to the Bakery for production.
All order queries and cancellation eligibilities can be checked by emailing us at: firstname.lastname@example.org
(10) Statutory rights
Nothing in these conditions of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will only refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Limitations of liability
Nothing in these conditions of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability. Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
(13) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images. Contracts under these conditions of sale may only be varied by an instrument in writing signed by both you and us. We may revise these conditions of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. If any provision of these conditions of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. No waiver of any provision of these conditions of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these conditions of sale. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these conditions of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these conditions of sale, at any time providing such action does not serve to reduce the guarantees benefiting you under these conditions of sale. Each contract under these conditions of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract. Subject to the first paragraph of Section 12: these conditions of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these conditions of sale have been made by or on behalf of the other party in relation to the purchase of products from our website. These conditions of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these conditions of sale.
(14) About us
Our full company name is Birds (Derby) Ltd and we trade under the name of Birds Bakery.
Our registered office is Birds (Derby) Ltd, Ascot Drive, Derby DE24 8GN, ENGLAND and our principal trading address is Birds (Derby) Ltd, Ascot Drive, Derby DE24 8GN, ENGLAND.
Our company registration number is 00252672.
Our email address is email@example.com and our telephone number (available during normal office hours) is 01332 361 316.
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