Terms and 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 will apply to any 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.
1.3. Legal rights: As a consumer, you have legal rights. Advice about your legal rights are available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
1.4. English only: These Terms, and any contract between us, are only in the English language.
2. Other Applicable Terms
2.1. Privacy Policy: Our Privacy Policy, which sets out the terms on which we process your personal data.
2.2. Cookie Policy: which sets out information about the cookies on our Website.
2.3. Website Terms: There are terms of use, which apply to your use of our Website.
3. About Us
3.1. Who we are: Birley Pastry Limited 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.
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:
• Email: london@birleybakery.com
• Telephone: 020 3148 9032
• Post: 28-30 Cale St, London, SW3 3QU (the “Site”).
3.3. References to “we”, “us” and “our” in these terms is references to Birley Pastry Limited.
4. Change to these terms
4.1. These Terms may be amended at any time. Please check this page from time to time to take notice of any changes that have been made. Historic versions can be obtained by contacting us. Every time you wish place an Order, please check these Terms to ensure you understand 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.
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 only 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 Deliveroo or Zapp. 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 advised during the check-out process before you confirm your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
7.2. VAT inclusive: The price of a Product is VAT inclusive (where applicable) at the applicable current rate chargeable in the UK for the time being.
7.3. Price changes: Product prices and delivery charges are liable to change at any time, but changes will not affect Orders already placed.
7.4. Payment methods: Payment can be made using a variety of methods as shall be detailed during the shopping process. Payment for the Products and all applicable delivery charges is in advance.
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) ‘DPD Next Day Delivery’, whereby Orders placed before 11am, local time, are dispatched for delivery on the next working (Monday to Friday).
(b) ‘DPD Saturday Delivery’, where your Order is dispatched on the Friday (provided the Order is placed before 11:00 am local time) and delivered on the following Saturday. If you place your Order after 11:00 am local time and select this delivery method, your Order may instead be collected on the Monday and delivered on the Tuesday.
Please note, due to the delivery being by way of third party courier we cannot guarantee delivery before or at the specified day. DPD offer a ‘predict’ delivery service whereby they inform customers of a one-hour delivery window notified by SMS and/or email. Additionally, you can watch the progress of your delivery driver on a real-time map. If your plans change and you’re not in to take delivery of your Order, DPD offer a range of ‘in flight’ options such as deliver to neighbour, have the parcel delivered to a safe place, collect your parcel from a local pick-up shop.
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 London, 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 DPD will notify you of deliveries using their ‘predict’ delivery service.
8.5. Late delivery: Timeframes for delivery are estimates only and we shall not be responsible for delays in shipping items to you. Time for delivery is not of the essence.
8.6. International: Birley Bakery does not offer an International Delivery Service for online orders. All Orders must be for delivery to a UK address.
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 will call and email you to advise on the next best delivery/collection day or suggest a substitute. Birley Bakery also cannot be held liable for failure to complete the order due to circumstances beyond our control.
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. Right to cancel and return: As a consumer, you have a legal right to cancel an order for certain Products within the period set out paragraph 9.2. During this time, if you change your mind or decide for any reason that you do not wish to keep a Product, you must notify us in line with paragraph 9.7.
9.2. Your right to cancel, differs dependant on the type of Product ordered and must be notified to us, in accordance with paragraph 3.2, by the end of the cancellation period (as set out below):
| PRODUCTS | END OF CANCELLATION PERIOD |
|---|---|
| (a) Perishable, custom-made or personalised Products | The date that you received any Confirmation (as defined in paragraph 6.4), as we work to tight processing times to send you your Products as fast as possible. |
| (b) Non-perishable Products, only where its seal and/or packaging remains intact | 14 days after the date on which the Product is collected or delivered. |
9.3. For Products cancelled within the applicable cancellation period, we will only refund the price paid for the Products; delivery charges will not be refunded. If you wish to cancel Products, in line with paragraph 9.2, you must notify us by email at the address set out in paragraph 3.2. In such cases, a refund will be issued in accordance with paragraph 9.6 once we have received the returned Products, provided they are returned in accordance with paragraph 9.5.
9.4. Defective Products: If there is a problem with any Product in your Order (for example, damage on delivery or an incorrect item received), please contact us as soon as possible via the email address set out in paragraph 3.2, and provide details and evidence of the issue. We will investigate the matter and, if we determine that a refund or replacement is appropriate, we will contact you to confirm whether you would prefer a refund (paragraph 9.4(a)) or a replacement (paragraph 9.4(b)). Please note that we do not accept complaints in respect of defective perishable Products once they have been collected from the Site via our click-and-collect service.
(a) If you opt for a refund, we will send you an email to confirm that we have processed your refund (“Refund Acceptance”). We will refund you the full price of any defective Product in accordance with paragraph 9.6. Please note that delivery charges will not be refunded.
(b) If you opt for a replacement we will arrange for the defective Product to be replaced and delivered to the same address, using the delivery methods set out in paragraph 8.2, at our sole cost.
9.5. Return of Products: In returning the Products to us you must:
(a) ensure the Product packaging and/ or any seal has remained intact;
(b) do so without undue delay
(c) return to the Site; and
(d) ensure the package includes the name, contact details, and the order number related to the Products being returned.
9.6. Refund process: We will process your refund within five (5) working days of (i) receiving the returned Products in the case of a cancelled order for non-perishable Products, or (ii) issuing a Refund Acceptance in the case of defective Products. Refunds will be made to the credit or debit card originally used for payment.
9.7. Process for Cancellation: When cancelling an Order, time is of the essence, and therefore you must contact us via email on the address set out in paragraph 3.2.
10. Errors
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. Our Liability
11.1. Liability: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Any liability we may have to you in connection with your Order shall not exceed the purchase price of the relevant Product.
11.2. Consumer Liability only: We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3. Exclusions from Liability. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the statutory rights laid down by the Consumer Rights Act 2015; and
(d) defective products under the Consumer Protection Act 1987.
12. Force Majeure
12.1. No liability: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events that are out of our control.
12.2. What is are events out of our control: Any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other public health event, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (hereinafter a “Force Majeure Event”).
12.3. Impact of Force Majeure Event: If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over or cancel the Contract with you if the Force Majeure Event is likely to last for a prolonged period.
12.4. Cancellation of Affected Order: We may cancel the Contract with you if the Force Majeure Event is likely to last for a prolonged period. You may cancel a Contract affected by a Force Majeure Event. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received. Upon cancellation we will refund the price you have paid, including any delivery charges and this shall be our full liability in this regard.
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. Other Important Terms
14.1. No third-party rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2. 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.
14.3. 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.
14.4. Governing Law: These Terms are available in English only and are governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms are subject to the non-exclusive jurisdiction of the courts of England and Wales.