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BETTY JANE BAKES TERMS & CONDITIONS

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our cakes and/or our china and crockery to you.

 

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

2. Information about us and how to contact us

2.1 Who we are. We are BETTY JANE BAKES LIMITED a company registered in England and Wales. Our company registration number is 12724573 and our registered office is at 24 Quail Way, Horndean, England, PO8 9YN.

2.2 How to contact us. You can contact us by writing to us at sarah@bettyjanebakes.co.uk or 24 Quail Way Horndean Hampshire PO8 9YN.

2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.

3. Our contract with you

3.1 How to make an order. To make an order, please use the form on the website or email us on sarah@bettyjanebakes.co.uk or call us on 07716411782

3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.4 We only sell to the UK. Our website is solely for the promotion of our products within a 15 mile radius of PO8 9YN. Unfortunately, we do not accept orders from outside the UK.

4. The Products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may vary.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

4.3 Bespoke orders. If we are customising the product to specific requests you have given us, you are responsible for ensuring that these requests are correct. Please note that we require advance notice for collection or delivery of some products. The notice period we require is set out on the product page of our website.

4.4 Use of images. We reserve the right to use images of your order for any form of advertising including web-based promotions, brochures, galleries and competitions.

5. Your rights to make changes to your order

5.1 Cakes. If you wish to make a change to your order please contact us within 48 hours of hours from making the order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please note that no changes can be made to the order after this period.

5.2 China and crockery. Changes in numbers can be accepted up to 30 days prior to your delivery/collection date. Final numbers and order details must be confirmed no later than 30 days prior to the delivery/collection date. Any changes after this date will be subject to availability.

6. Providing the products

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website and as confirmed in your order acceptance email.

6.2 When we will provide the products. We will deliver our products to you as soon as reasonably possible or in line with the dates you requested when ordering.

6.3 Risk and liability. Please note that once we have delivered the product to the requested location or you have collected your order, we will no longer be responsible for any damage that occurs to the product. Photographs will be taken prior to collections or at point of delivery.

6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.5 Collection by you. If you have requested to collect the products from our premises, we will send you an email to notify you when your products are ready to be collected, this will be as soon as reasonably possible or in line with a collection date you requested when ordering.

6.6 Collection times. Please adhere to the collection time you request when ordering. If you are more than 30 minutes late for your requested collection time, you will forfeit your slot and an alternative date and time for collection will need to be rearranged. Please note that we will not make a new product for you to collect if you miss your collection time.

6.7 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from us. Please note that we will not make a new product for you if you miss your delivery slot.

6.8 If you do not re-arrange delivery. If you do not re-arrange delivery or collection from us we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you will not receive a refund.

6.9 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

 

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

 

7. Quality of the products

7.1 We warrant that the product will be of satisfactory quality, fit for purpose and comply with all food safety, statutory and regulatory requirements in the UK.

8. Cakes - Allergen Information & Ingredients

8.1 Allergen information for each product can be seen on the website. In addition, an allergen label will be attached to the inside of the cake delivery box, indicating whether any of the 14 main allergens are known to be contained in the particular cake product supplied.  These are, (as defined by the Food Standards Agency) celery, cereals including gluten, crustaceans, eggs, fish, lupin, milk, mollusc, mustard, nuts, peanuts, sesame seeds, soya and sulphur dioxide (sulphites).

8.2 Whilst we do make every effort and take the necessary steps to avoid cross- contamination, we cannot guarantee that there are no traces of any other allergens in our products due to the fact they are produced in a domestic kitchen that handles/uses allergens not listed within the product. Our cakes are made in an environment where nuts, eggs, milk, gluten and other allergens are present. We cannot guarantee that any cake is entirely nut free or free from any of the main 14 allergens.

8.3 As we cannot guarantee that our products are entirely free from allergens, it is up to you as the customer to ensure that the products are not consumed by anyone who has allergies or intolerances. If they do consume the products, we will not be liable for any allergic reactions.

8.4 Please use the relevant section of the order form provided to you to disclose any known food allergies and/or intolerances that you or anyone for whom the cake is intended may have prior to ordering.

8.5 We reserve the right to decline any orders for customers with serious food allergies or intolerances.

8.6 We will not be liable for any allergic reaction to any of the allergens disclosed on the list of ingredients or to any other known allergen which we have agreed to exclude or to anything to which you are allergic but of which neither of us is aware.

8.7 Food colouring. Please note that some food colourings may have an effect on behaviour in children.

9. Cakes - Non-edible components

9.1 We will inform you of any non-edible elements in your product on delivery or collection and make it clear what can or cannot be eaten. You must sign the provided form to confirm you have been informed of the non-edible elements and that it is your responsibility to ensure these are removed before serving.

 

Please note the following items are non-edible:

  • Cake board

  • Cake box

  • Cupcake cases

  • Ribbon
     

This list is not exhaustive and all non-edible items will be indicated on the delivery form.

10. Cakes - Best before dates

10.1 Please note that the products are freshly made to order and are perishable products.

10.2 Please see best before information below:

  • Sponge cakes - 2 days

  • Buttercream - 2 days

  • Cupcakes - 2 days

  • Tray bakes - 4 days
     

            Please note that all best before dates will be indicated on the label found on the cake box.

10.3 Cakes should be stored in a cool, dry place away from direct sunlight and/or direct sources of heat.

 

11. China and crockery hire

11.1 Hire period. The hire price stated on the website applies to hire for 3 days. If you wish to hire the china or crockery for longer than 3 days, this must be requested at the time of booking. Any additional hire days are charged at £15.00 per day.

11.2 When you become responsible for the goods. All china and crockery will remain the property of Betty Jane Bakes Limited. The china or crockery will be your responsibility from the time we deliver it to the address you provided, or from when you collect it, until you return it to us.

11.3 Responsibility and liability. You will be responsible for the china and crockery until it is returned to us. You will be fully liable to us for any damage to the china or crockery that occurs while it is in your possession.

11.4 Security Deposit. A 25% Refundable Security Deposit is included in the total cost of your order. This will be due for payment 30 days prior to your delivery or collection and will be returned, within 14 days, once all hired china and crockery is returned if it is in good order.

11.5 Deductions from the Security Deposit. Items not returned, shortages and damages (including chips) to the hired china and crockery will be deducted from the Security Deposit. Replacement charges for any breakages or losses will be charged at six times the hire prices quoted on www.bettyjanebakes.co.uk. Please note a cup and saucer are listed as one item.

11.6 We  will inform you within 14 days, in writing of any damages or missing items. You will have 7 days from the date of notification to return any missing goods. After 7 days we will deem any goods not received back as missing and you will be charged at full replacement cost plus delivery. Any charges will be deducted from the Security Deposit or where the value exceeds the refundable Security Deposit an invoice will be issued to you.

11.7 Our responsibility and liability. We shall not be responsible for any injury or damages to persons or property arising from the use of any china or crockery under hire from us.

11.8 Returning the products to us. All china and crockery is to be returned in their original packaging. You must package the china and crockery carefully and return it to us having been repackaged with due care and placed back into the original boxes. We recommend taking a photograph before unpacking.

11.9 Late returns. Should you be late in returning or allowing us to collect the china or crockery, you will incur a fee of 25% of the hire fee.

12. Caring for the china and crockery

12.1 Handle with care. The china and crockery is fragile so please handle it with care.

12.2 Cleaning. We are happy to take care of the cleaning of all items upon their return, at an extra cost. Please request the Washing Service at the time of your order. This service will be charged at 20% of the value of the total hiring charge.

12.3 Please note that it is your responsibility to scrape all surfaces clean of food, and empty teacups, jugs and teapots before repackaging, even if you have requested the Washing Service.

12.4 Do not put in the dishwasher. The china and crockery are vintage items and must not, under any circumstances, be put in the dishwasher.

13. Cancellation and refunds

13.2 Cakes. As our cakes are baked to order, they are non-returnable and non-refundable.

13.3 You may be entitled to a refund if you can show that the products were unsatisfactory on delivery or where you have a complaint as to the quality of the product. The cake must have been stored at the correct temperature and in the box supplied, out of the sun and away from damp conditions or heat.

13.4 We take complaints very seriously. Where the complaint is in regards to the quality of the product then the product must be returned to us as soon as possible after cutting and within 24 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint.

13.5 If we agree with your complaint as to the quality of the product, you will be entitled to receive a full refund of the cost of the product and any delivery costs. We will refund you via bank transfer.

13.6 You may be entitled to a refund if the product provided to you is not as described, fit for purpose and of satisfactory quality. If you wish to request a refund for one of these reasons please contact us on sarah@bettyjanebakes.co.uk.

13.7 Please note that we will not issue refunds where the cake has been consumed and less than 50% remains or if the cake has not been returned to us for inspection.

13.8 China and crockery. If you wish to cancel your order, you should contact us as soon as possible on sarah@bettyjanebakes.co.uk. We will send you a confirmation of cancellation by email.

 

(a) If you cancel your order more than 30 days before the agreed delivery/cancellation date, you will not be charged and your deposit will be refunded to you.

(b) If you cancel your order less than 30 days before the agreed delivery/cancellation date any monies paid will not be refunded. 

13.9 Nature of the products. Due to the vintage nature of the china and crockery, there may be slight signs of wear.

13.10 Damaged and/or missing items. In the unlikely event that the items are damaged and/or some are missing, please contact us within 24 hours of delivery or collection. The products will be deemed to be correct and in good condition if you do not notify us within this period.   

14. Price and payment

14.1 Where to find the price for the product. The price of the product will be the price indicated on our website. We take all reasonable care to ensure that the price of the product advised to you is correct.

14.2. Invoices. You will be sent an invoice via email after confirmation of your order. Invoices are payable on receipt. Please note, orders for cakes will not be made until payment has been received.

14.3 How you must pay. We accept payment via bank transfer or i-zettle, the details of which will be provided to you on using a Zettle Payment Link.

14.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay anything until the dispute is resolved.

15. Payment terms

15.1 Orders £80 or above. A 30% deposit is required at the time of ordering, unless otherwise agreed, in order to reserve delivery/collection dates. Final payment will be due 14 days before the delivery/collection date, unless otherwise agreed. If the final payment is not received, the order will be cancelled and we will retain the deposit.

15.2 Orders under £80. Full payment required upfront to reserve delivery/collection dates.

15.3 Cancellation of cake orders by you. If you cancel your order within 30 days of the reserved delivery/collection date, we will invoice you for 50% of the total order amount. If you cancel your order within 7 days of the reserved delivery/collection date, we will invoice you for 100% of the total order amount.

15.4 Cancellation of cake orders by us. In the event of exceptional circumstances, such as serious illness, we will give as much notice as possible if we are unable to fulfil your order. We will endeavour to find someone else who can produce your order and will refund you any monies already paid.

15.5 Postponement of your order. In the event of a postponement, the payment due remains the same as cancellation. Subject to availability we will carry the monies paid forward to the new date. This will only happen on one occasion. Any further postponements will be classed as a cancellation.

15.6 Refunds. Refunds are given entirely at our discretion. Refunds will not be given to customers who have changed their minds or if the cake has been damaged out of our care.

15.7 Complaints. If you have any complaints, please see clause 13.4.

16. Our responsibility for loss or damage suffered by you

16.1 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.

16.2 Our liability. If we are found liable to you in any way, apart from those excluded below and in clause 8, our liability will be limited to the price you paid for the product.

16.3 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; 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 and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care.

17. How we may use your personal information

 

17.1 How we may use your personal information.  We will only use your personal information as set out in our privacy policy.

18. Other important terms

18.1. The parties shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of their obligations under these terms if such delay or failure result from events, circumstances or causes beyond their reasonable control.

18.2 The content on our site. We are the owner or the licensee of all intellectual property rights in our site, and in the materials published on it. These materials are protected by copyright and other intellectual property rights. All such rights are reserved. You must not use any part of the content on our site for commercial purposes, except if our permission is expressly granted.

18.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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