WELCOME TO BUG BAKES’ TERMS AND CONDITIONS OF SALE
- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply products to you which are purchased from our website.
- 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.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Bug Bakes Limited, a company registered in England and Wales. Our company registration number is 10403334 and our registered office is at 130 Old Street, London, England, EC1V 9BD.
- How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- Your submission of an order or the purchase of a subscription constitutes an offer to enter into a contract to buy the products from us. Our acceptance of your order will take place when the website displays an order confirmation page at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. 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.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We sell worldwide. Our website is for the promotion of our products around the world. We accept orders from and deliver to addresses outside the UK. For orders within the UK/EU, please order through the online shop. For orders outside these regions, please contact us at email@example.com.
- OUR PRODUCTS
- The product information provided on our website has been published in good faith and Bug Bakes will do its best to ensure that it is accurate. However, such information may be incorrect, out of date or incomplete owing to human error or circumstances beyond our control. Bug Bakes reserves the right to reject the order insofar as it related to the affected products or where the order has already been accepted, not to supply the affected products. In such event Bug Bakes will notify you and will not charge you for the affected products.
- 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 our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
- The packaging of the product may vary from that shown in images on our website.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the product you have ordered please contact us. 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.
- OUR RIGHTS TO MAKE CHANGES
- We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements.
- Products are sold by us subject to availability and prevailing market conditions. In the event that a product you order is unavailable we may offer a reasonable substitute or refund you to the amount charged for the unavailable product. In the event that we provide you with a reasonable substitute we will notify you in writing and you will have the opportunity to accept or reject this item upon delivery. In the event that you reject the substitute you may return this to us at no cost and we will refund the value of the product to you.
- PROVIDING THE PRODUCTS
- The costs of delivery will be as displayed to you on our website.
- When we will provide the products:
- If you are not a Bug Bakes subscription customer we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- If you are a Bug Bakes subscription customer, we will supply the goods to you until the subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
- 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.
- 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:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.4, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- When you become responsible for the goods. The products will be your responsibility from the time we deliver the product to the address you provide to us.
- When you own goods. You own the products once we have received payment in full and delivered the product to you.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, name and address details. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- YOUR RIGHTS TO END THE CONTRACT
- Subject to Clause 8.3 below, you have a legal right to change your mind within 14 days and receive a refund. These rights are set out under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.2When you do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of:
8.2.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.2.2 perishable items; and
8.2.3 any products which become mixed inseparably with other items after their delivery.
8.3How long do you have to change your mind?For purchases of goods you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have the right to change your mind (see clause 8.2), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know by writing to us. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Complete the form http://bugbakes.co.uk/contact/ on our website.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please email us at email@example.com arrange this. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. [See our [DELIVERY & RETURNS page INSERT HYPERLINK]for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, name and address details; and
- we are unable to fulfil your order due to an event outside our control.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can reach us by email at firstname.lastname@example.org or by post at 130 Old Street, London, England, EC1V 9BD.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please email us at email@example.com a return label.
- PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
- When you must pay and how you must pay. We accept payment via PayPal or Stripe. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- 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 any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 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.
- 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; 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; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our http://bugbakes.co.uk/privacy-terms/.
- OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- Nobody else has any rights under this contract.This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 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.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and any disputes arising in respect of these terms shall be subject to the non-exclusive jurisdiction of the Scottish courts.