Website Terms of Use

1. Who we are

1.1. Welcome to our site located at www.birleybakery.com (the “Website”) which is operated by Birley Pastry Limited. Birley Pastry Limited is a company registered in England, with company number 13631499 whose registered office is at 5th Floor, 105 Piccadilly, London, England, W1J 7NJ (“Birley Bakery”), the activities of which include online sales of goods via the Website and the operation of a bakery and chocolate shop.

1.2. Birley Bakery is located at 28-30 Cale St, London, SW3 3QU.

1.3. To contact us, please email london@birleybakery.com.

1.4. References to “we”, “us” and “our” in these terms is references to Birley Pastry Limited.

2. By using our Website, you accept these terms

2.1. Please read these terms carefully because they govern your use of our Website and our services accessible via our Website.

2.2. By using our Website, you confirm that you accept these terms and that you agree to comply with them.

3. There are other terms that may apply to you

3.1. These terms refer to the following additional terms, which also apply to your use of our Website:

(a) Our Privacy Policy, which explains how we collect, use and store your personal data.

(b) Our Cookie Policy, which sets out information about the cookies on our Website.

4. We make changes to these terms

4.1. We may amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date set out above.

5. We make changes to our Website

5.1. We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.

6. We may suspend or withdraw our Website

6.1. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You must keep your account details safe.

6.2. If you create a Birley Bakery account (an “Account”), it is important that you provide us with accurate, complete and up-to-date information. You agree to update such information, as needed. If you do not, we might have to suspend or terminate your Account.

6.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures including in connection with your Account, you must treat such information as confidential. You agree that you will not disclose your Account password to anyone, and you will notify us immediately of any unauthorised use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

6.4. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

6.5. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the email address set out in paragraph 1.3.

7. How you may use material on our Website

7.1. We are the owner or the licensee of all intellectual property rights on our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2. The content on our Website is made available to you strictly for your personal use.

7.3. You must not: (i) use any of the content on our Website for commercial purposes; and/or (ii) republish, post, transmit, edit, syndicate or distribute any such content without our express prior written consent.

7.4. If you print off, copy, download, share or repost any part of our Website in breach of these terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.5. Other than as permitted above in this ‘How you may use material on our Website’ section, you may not extract data from the Website in any way for any reason.

8. Rules about linking to our Website

8.1. You must not link to our home page without our prior written consent, and you must immediately remove any links if we revoke our consent.

8.2. If you wish to link to or make any use of content on our Website, please contact the email address set out in paragraph 1.3.

9. Do not rely on information on this Website

9.1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

9.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

10. We are not responsible for websites we link to

10.1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

10.2. We have no control over the contents of those sites or resources.

11. We are not responsible for viruses

11.1. We do not guarantee that our Website will be secure or free from bugs or viruses.

11.2. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

12. You must not introduce viruses

12.1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Website or any part of it. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website or any other equipment or network connected with our Website. You must not interfere with, damage or disrupt any software used in the provision of our Website or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

13. Our responsibility for loss or damage suffered by you

13.1. Our Website is only for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for:

(a) any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, our Website (including in relation to any loss of data and/or damage to your computer or other devices); or
(ii) use of or reliance on any content displayed on our Website;

(b) indirect or consequential loss or damage;

(c) loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill or reputational damage.

13.2. 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 and for fraud or fraudulent misrepresentation.

13.3. To the maximum extent permitted by applicable law:

(a) we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it; and

(b) our aggregate liability to you for any loss or damage related to these terms and our Website shall not exceed GBP 100 (one hundred pounds sterling).

13.4. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the relevant terms and conditions.

14. How we use your personal information

14.1. We will only use your personal information as set out in our Privacy Policy.

15. Which country’s laws apply to any disputes?

15.1. If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

15.2. If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.