TERMS & CONDITIONS OF PURCHASE

1. Terms and Conditions for the supply of product by Birley Bakery

1.1. What these terms cover: These are the terms and conditions that apply to all orders (“Orders”) placed through our website at https://birleybakery.com/ (the “Website”) for the purchase of the products listed on our Website (the “Products”) through use of the online checkout.

1.2. Why you should read them: These Terms form a contract between us for the sale of Products to you (the “Contract”). Please read these Terms carefully before ordering any Products from our Website. Please note that before ordering any Products you will be asked to agree to these Terms. If you refuse to accept these Terms you will not be able to place an Order on our Website.

2. Other Applicable Terms

2.1. Privacy Notice: which sets out the terms on which we process your personal data.

2.2. Cookie Notice: which sets out information about the cookies on our Website.

2.3. Website Terms of Use: There are terms of use, which apply to your use of our Website.

3. About Us

3.1. Who we are: Birley Pastry Madison Avenue LLC, with offices at 20 East 69th Street New York NY 10021 (“Birley Bakery”), the activities of which include online sales of goods via the Website and the operation of a bakery.

3.2. How to contact us: We can be contacted as follows in connection with any questions, queries or complaints you may have in connection with the subject matter of these terms via:

3.3. References to “we”, “us” and “our” in these terms are references to Birley Pastry Madison Avenue LLC. References to “you” or “yours” are references to you as the individual or authorized representative of the customer placing the Order or otherwise transacting with us.

4. Change to these terms

4.1. These Terms may be amended at any time. Historic versions can be obtained by contacting us. Every time you wish place an Order, please check these Terms to ensure you agree to the terms which will apply at that time. The terms and conditions applying shall be those in place on the date that you place your Order. Your use of the Website and/or your placement of any Orders following such change constitutes your agreement to the terms as amended.

5. Consumer Status  

5.1. These Terms apply if you are purchasing from us as a consumer for personal use. If you are purchasing on behalf of a business for corporate gifting purposes, please contact corporategifting@birleybakery.com.

5.2. Age verification: You may only purchase Products from our Website if you are at least 18 years old. If you are under 18, please do not attempt to order Products through our Website. We reserve the right to withhold delivery of Products if appropriate identification cannot be provided and whilst we will refund the cost of the item you will still be liable for the delivery charge.

6. Basis of Sale

6.1. Placing an Order: Our Website will guide you step-by-step through placing your Order and will indicate which Products are available for home delivery and which are for click and collect only. While click and collect is available for all Products, home delivery is not always offered. Customers will be able to choose the home delivery option if the basket contains only items clearly marked as home delivery suitable.

6.2. Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process. Inform us immediately of any discrepancies as in the event of any delay in informing us of the same we cannot normally rectify any errors.

6.3. Offer: When you confirm and pay for your Order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase.

6.4. Acceptance of Order: After placing an Order, you will receive an email from us acknowledging that we have received and accepted your Order (the “Confirmation”).

6.5. Unavailability of product: In the unlikely event that we are unable to supply a Product after you receive Confirmation, for example, because it is out of stock or unavailable, we will contact you by telephone to offer either a substitute Product or a refund. If you choose a refund, we will return the full amount paid within five (5) working days.

6.6. Ordering on other platforms: In addition to placing orders via our Website (which are governed by these Terms), you may also purchase our Products through certain third-party platforms, such as DoorDash. Please note that any orders placed through such platforms are subject to their own terms and conditions, and we are not responsible for the operation of those services.

7. Payment and Prices  

7.1. Prices: The price of the Products and our delivery charges will be as quoted on the Website at the time you submit your Order and will be stated during the check-out process before you confirm your Order.

7.2. Tax exclusive: Posted prices do not include taxes or charges for delivery and handling. All such taxes and charges will be added to your order total and will be itemized in the check out process and in your Confirmation or in-Services notification. You are solely responsible for any taxes applicable to your purchases.

7.3. Price changes: Product prices and delivery charges are subject to change at any time, but changes will not affect Orders already placed.

7.4. Payment methods and processing: Our website enables you to make card-based purchases of the Products by linking your user account to a debit, credit, and/or prepaid credit card issued in the United States (“Payment Method”). Your user account is not a bank account. We are not a bank and do not offer banking or “money transmission services,” nor are we a “money service business,” as those terms are defined by the U.S. Department of Treasury. By linking a Payment Method to your user account, you represent that you are an authorized user of the Payment Method. You may change the Payment Method associated with your user account at any time. You are responsible for ensuring that the Payment Method associated with your user account is at all times current, non-expired, and valid for payments. We use a third-party payment processor (the “Payment Processor”) to process any payments made when placing an Order. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for these financial transactions, the security of your financial information with respect to these transactions, or any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.

7.5. Payment authorization: By linking a Payment Method to your user account, you authorize us to charge your linked Payment Method as necessary to complete payment for the purchase or transaction. If such charge is rejected or fails, we may charge your Payment Method again at a later time without advance notice to you. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your user account, you authorize us to credit your Payment Method to execute that transaction. Your represent and warrant that (i) the Payment Method you supply to us is true, correct and complete, (ii) you are duly authorized to use such Payment Method for the purchase, (iii) charges incurred by you will be honored by the financial institution supporting the Payment Method, and (iv) you will pay charges incurred by you at the posted prices, including delivery and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Products at the time of your order. All purchases, Orders, and charges authorized using our Website are subject to the terms and conditions set forth by the entities that issue your Payment Method and the Payment Processor. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.

8. Delivery/ Collection

Deliveries

8.1. Delivery charges: The delivery charge shall be detailed during the check-out process which may differ depending on the volume of Products ordered and the location of delivery.

8.2. Delivery day: You will be able to select:

(a) ‘UPS Next Day Delivery’, whereby Orders placed before 5pm, local time, are dispatched for delivery on the next working day (Monday to Friday); or

(b) ‘UPS Ground Shipping’, where your Order will be delivered between 2-5 working days after your Confirmation is received. Please note, due to the delivery being by way of third party courier we cannot guarantee delivery before or at the specified day. USPS provides standard tracking and delivery notifications via email or SMS.

8.3. Exclusions from delivery: Due to the nature of some of our Products, delivery may not be possible to certain locations. There may therefore be restrictions on Products that you may order based on your delivery address or we may not accept your Order. We generally do not deliver perishable Products, for which the only option available will be click-and-collect. If you are located in New York City, we may, at our discretion, be able to arrange delivery of perishable Products. To enquire, please email us at the address set out in paragraph 3.2, and we will confirm whether we can fulfil the Order and advise you of any additional costs. Any such delivery will be at our absolute discretion and may be subject to additional terms.

8.4. Delivery packaging: Large Orders may be delivered in multiple boxes. Our delivery partner will notify you of deliveries using their ‘predict’ delivery service.

8.5. Late delivery: Timeframes for delivery are estimates only and we will not be responsible for delays in shipping items to you.

8.6. Delivery Area (New York): Birley Bakery does not offer international delivery or delivery outside the United States. All online Orders placed through the New York bakery Website must be for delivery to a valid address within the United States.

8.7. Completion of delivery: Delivery will be completed when we deliver the Products to the address you gave us. We do not deliver to third party courier companies.

Click and Collect

8.8. Charges: Any charge for the click and collect service shall be detailed during the check-out process.

8.9. Store Location: The Website is set-up to guide you through the steps you need to take to place an Order with us. All click and collect Orders must be collected from the Site. Please take the time to read and check your Order at each page of the order process. Inform us immediately of any discrepancies following your order as in the event of any delay in informing us of the same we cannot normally rectify any errors.

8.10. Collection Day and Time: At checkout, you may select from the available collection dates and times. If you would like to delay your collection time on the original collection date, please contact us by email (see paragraph 3.2). If you wish to bring your collection forward on the same date, or change the collection date entirely, you must give us at least 48 hours’ notice, calculated from the earlier of (i) the original collection date; or (ii) the new requested collection date. Any change to your collection date or time is subject to our approval and will not take effect until we have confirmed it to you by email.

8.11. Collection Process: When you collect your Order you will be required to show your Confirmation email.

General

8.12. Inability to fulfil: If we are unable to fulfil your order due to stock availability we notify you to advise on the next best delivery/collection day or suggest a substitute. Without limiting the foregoing, Birley Bakery reserves the right to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product, (ii) impose conditions on transactions involving the available Product, (iii) refrain from completing any or all transactions, and (iv) refuse to provide the Product. 

8.13. Risk in Products: The Products will be your responsibility from the completion of delivery/collection of your order, as applicable.

9. Cancellation & Return

9.1. We will not accept returns of Products. You may be entitled to a refund, at the sole discretion of Birley Bakery or its agents, based on the individual circumstances underlying each request. All refunds will be processed via the Payment Method used to place the Order. Please allow up to four weeks for the refund to be processed. Refund times may vary based on the terms and conditions of the issuer of your Payment Method.

10. Errors and Substitutions

10.1. Website Information: Every effort is made to ensure that all the information provided on our Website is correct at the time of publishing but we make no warranties or representations as to its accuracy.

10.2. Images: The images of the Products on our Website are illustrative only. Your Products may vary from those images. Sometimes our images use props, in these cases the product description or list clearly defines what is being advertised for purchase.

10.3. Multi-Good Product: Where the product is a collection of numerous goods, such as our hamper ranges, a full list is supplied. However, we may, depending on availability of goods, make reasonable substitutions.

11. LIMITATION OF LIABILITY

11.1. Our maximum aggregate liability in the event of a breach of these Terms shall be limited to repair, replacement or refund of the original purchase price of the nonconforming Products. We will not be responsible to you for consequential or incidental damages or expenses of any kind or nature, regardless of the cause, even if we have any knowledge regarding the probability of their occurrence

12. Force Majeure

12.1. If the manufacture, sale or delivery of the Products is delayed or prevented by reason of any event beyond the reasonable control of the party so affected, such party shall be excused from making or taking deliveries hereunder to the extent of such prevention, delay or restriction, and neither party shall be liable to the other for default or delay in performing, except with respect to Buyer’s payment obligations.

13. Communications Between Us

13.1. In writing includes email. When we refer, in these Terms, to "in writing", this will include e-mail.

13.2. Our way of contacting: If we have to contact you or give you notice in writing, we will do so by phone, e-mail or by pre-paid post to the address you provide to us in your Order.

13.3. Electronic communication: For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

14. Governing Law/Binding Arbitration.

14.1. Governing Law: These Terms shall be governed by the laws of the State of New York without regard to its conflict of laws principles.

14.2. Binding Arbitration: Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in New York City, New York . The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This paragraph 14 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

14.3. Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

15. Other Important Terms

15.1. No third-party beneficiary rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.2. Separate terms: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.3. Reliance: We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.

15.4. Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

15.5. No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

15.6. Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time via the email address set out in paragraph 3.2.

15.7. Entire Agreement: These Terms, along with the Confirmation email referenced in paragraph 6.4 above, any instructions that we provide you with relating to any Product or service you obtain from us through the Website, any terms and conditions that may be provided in connection with any promotion or other sale, and our other Website terms linked in paragraph 2 shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.