The Cornish Bakery Limited

Website Terms and Conditions of Use

 

1 About our terms

 

1.1 These terms and conditions of use (“Terms”) explain how you may use this website and any of its content (“Site”). These Terms apply between The Cornish Bakery Limited (“we”, “us” or “our”) and you, the person accessing or using the Site (“you” or “your”).

1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.

1.3 If you order any products from the Site our Terms and Conditions of Supply will apply.

2 About us

2.1 We are The Cornish Bakery Limited (trading as Cornish Bakery), a company registered in England and Wales under company registration number 10207284. Our registered office is at Paulton House Old Mills, Paulton, Bristol, United Kingdom BS39 7SX. Our VAT registration number is 501297767.
2.2 If you have any questions about the Site, please contact us by:
2.2.1 sending an email to hello@thecornishbakery.com; or
2.2.2 calling us on 01761 414 891 (our telephone lines are open Monday to Friday: 9 am to 5 pm).

3 Using the Site

3.1 The Site is for your personal and non-commercial use only.
3.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.3 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3.4 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page.
3.5 As a condition of your use of the Site, you agree not to:
3.5.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.5.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
3.6 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.

4 Infringing content

4.1 We will use reasonable efforts to:
4.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
4.1.2 identify and remove any content that is inappropriate, defamatory or infringes intellectual property rights,
when we are notified but we cannot be responsible if you have failed to provide us with the relevant information.
4.2 If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

 

5 Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on the bottom of each page of our Site, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

6 Ownership, use and intellectual property rights

6.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
6.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
6.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
6.4 Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.

7 Submitting information to the Site

7.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
7.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

8 Accuracy of information and availability of the Site

8.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
8.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
8.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
8.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

9 Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

10 Limitation on our liability

 

10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

10.1.1 losses that were not foreseeable to you and us when these Terms were formed;
10.1.2 losses that were not caused by any breach on our part;
10.1.3 business losses; and
10.1.4 losses to non-consumers.

11 Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

12 Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

13 Variation

13.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13.
13.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

14 Disputes

14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
14.2 The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
14.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

 

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Website Terms and Conditions of Supply

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

 

In this contract:

• ‘we’, ‘us’ or ‘our’ means The Cornish Bakery Limited; and
• ‘you’ or ‘your’ means the person using our site to buy products from us.

If you have any questions about this contract or any orders you have placed, please contact us by:

• sending an email to hello@thecornishbakery.com; or
• calling us on 01761 414 891 (our telephone lines are open Monday to Friday: 9 am to 5 pm).

 

Who are we?

 

We are The Cornish Bakery Limited (trading as Cornish Bakery), a company registered in England and Wales under company number: 10207284.

Our registered office is at: Paulton House Old Mills, Paulton, Bristol, United Kingdom, BS39 7SX.

Our VAT number is: 501297767.

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

 

1 Introduction

 

1.1 If you buy products on our site you agree to be legally bound by this contract.

1.2 This contract is only available in English. No other languages will apply to this contract.

1.3 When buying any products on our site you also agree to be legally bound by:

1.3.1 our website terms and conditions; and

1.3.2 our shipping policy which can be accessed here: https://thecornishbakery.com/policies/shipping-policy.

All of the above documents form part of this contract as though set out in full here.

 

2 Your privacy and personal information

 

2.1 Our Privacy Policy is available on the bottom of each page of our site.

2.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

 

3 Ordering products from us

 

3.1 Below, we set out how a legally binding contract between you and us is made.

3.2 You place an order on the site http://thecornishbakery.com/pages/pasties-by-post. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

3.3 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

3.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:

3.4.1 the products are unavailable;

3.4.2 we cannot authorise your payment;

3.4.3 you are not allowed to buy the products from us;

3.4.4 we are not allowed to sell the products to you;

3.4.5 you have ordered too many products;

3.4.6 there has been a mistake on the pricing or description of the products; or

3.4.7 your delivery address is beyond our delivery network.

 

3.5 We will only accept your order when we email you to confirm this (‘Confirmation Email’). At this point:

3.5.1 a legally binding contract will be in place between you and us; and

3.5.2 we will dispatch the products to you.

 

4 Right to cancel

 

Please be aware that statutory rights of cancellation under the Consumer Contracts Regulations 2013 do not apply to certain products, including food. Our “food and edibles” can therefore only be returned in accordance with your statutory rights (for example, if they are not fit for purpose or not as described).

5 Delivery, risk and ownership

 

5.1 We use DPD to deliver our products. For information on delivery options and costs, visit our webpage https://thecornishbakery.com. During the online checkout process, you will be given available delivery options to choose from.

5.2 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

5.3 Delivery will take place at the address specified by you when you placed your order with us.

5.4 If you have any issues with the delivery or products in your order, please contact us at athome@thecornishbakery.com.

5.5 All food products purchased through our site will be delivered by DPD on the delivery date selected by you during the order process (subject to delays caused by events outside of our control). Food products will be delivered before 12pm midday on the chosen delivery date.

5.6 You will need to make sure that someone is able to receive the products on the delivery date as the products will need to be placed in the freezer or cooked within 2 hours of delivery and no later than 2pm that day. Food products not placed in the freezer or cooked within 2 hours of their delivery will become defrosted and cannot be refrozen. If the food products are defrosted on arrival you will need to bake them in accordance with the instructions provided. If you do not bake off or put the food products into your freezer prior to 2pm on the day of delivery then we will not be able to refund or redeliver the order.

5.7 Delivery shall be deemed completed and responsibility for the food products will pass to you once DPD have logged the delivery as complete to the address you have provided.

5.8 Ownership of the food products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

6 Payment

 

6.1 We accept the following credit cards and debit cards: Visa, Mastercard and American Express. We do not accept cash or cheques.

6.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

6.3 Your credit card or debit card will be charged when the products are ordered.

6.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.

6.5 If your payment is not received by us and you have already received the products, you must pay for such products as soon as possible and in any case within 7 days.

6.6 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate and delivery charges for deliveries between Tuesday and Friday; Saturday deliveries carry an additional charge. For information on delivery options and costs, visit our webpage – Delivery, Risk and Ownership.

7 Nature of the products

 

7.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The products that we provide to you must be as described, fit for purpose and of satisfactory quality.

7.2 We are under a legal duty to supply you with products that are in conformity with this contract.

7.3 The packaging of the products may be different from that shown on the site.

7.4 If we cannot supply certain products, we may need to substitute them with alternative products of equal or better standard and value. In this case:

7.4.1 we will let you know if we intend to do this but this may not always be possible; and

7.4.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement. Any such offer will remain open for 14 days.

 

8 Faulty products

 

8.1 The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. For more detailed information on your rights and what you should expect from us, please:

8.1.1 contact us using the contact details at the top of this page; or

8.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

8.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

8.3 If your products are faulty, please contact us using the contact details at the top of this page.

9 End of the contract

 

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

10 Limitation on our liability

 

10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

10.1.1 losses that were not foreseeable to you and us when the contract was formed;

10.1.2 losses that were not caused by any breach on our part;

10.1.3 business losses; or

10.1.4 losses to non-consumers.

 

11 Third party rights

 

No one other than a party to this contract has any right to enforce any term of this contract.

 

12 Disputes

 

12.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the products you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

12.2 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

12.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.