Terms & Conditions
- These terms
- What these terms cover. These are the terms and conditions on which we supply goods to you, whether these are goods or services.
- 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 goods 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.
- Are you a business customer or a consumer? In some areas you will have different rights
under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
Provisions specific to consumers only are in RED and those specific to businesses only are in BLUE.
- Information about us and how to contact us
- Who we are. We are BakeryBits Limited a company registered in England and Wales. Our company registration number is 07532849 and our registered office is at Swatton Barn, Badbury, Swindon, Wiltshire, SN4 0EU. Our registered VAT number is GB 990 1757 94.
- How to contact us. You can contact us by telephoning our customer service team at +44 (0) 1404 565656 or by writing to us at [email protected]
- How we may contact you. If we have to contact you we will do so by telephone or by For 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
- How we will accept your order. For all orders completed online, 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.
- For any businesses completing an order via a purchase order, our acceptance of your order will take place when we send you an email to confirm this.
- 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 we do not deliver the product(s) to your area, 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 with some exceptions. Please check the shipping section of our website to establish whether we are currently shipping to your location and whether there are any restrictions on what we can send to you.
- Our goods
- Goods may vary slightly from their pictures. The images of the goods 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 goods. Your product may vary slightly from those images.
- Making sure your measurements or personalisation requests are accurate. If we are making the product to measurements or personalisation requests that you have given us you are responsible for ensuring that such specifications are correct.
- 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.
- Providing the goods
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will deliver the goods. We aim to dispatch the goods within 4 business days of your order for economy/standard delivery orders or the same business day for next day orders received before 3pm and will send the goods via the delivery service that you selected (refer to our Deliveries page for all other services including overseas).
- We are not responsible for delays outside our control. If our supply of the goods 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 goods you have paid for but not received. If you subsequently receive the goods, you will need to return them to us. See clause 8.2 details on returns.
- Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 09:00-17:30 on weekdays (excluding public holidays). You should only come to our premises to collect the goods when you have received an email notifying you that your order is ready.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, our delivery provider will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
- If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you by the delivery service provider, you do not re-arrange delivery with the delivery service provider or collect them from a delivery depot, 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 clause 9.2 will apply.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
- When you own goods. You own the goods once we have received payment in full. If you are a business customer, until that point you must store the goods separately from all other goods held by you so that they remain readily identifiable as our property.
- Reasons we may suspend the supply of goods to you. We may have to suspend the supply of a product to update the product to reflect changes in relevant laws and regulatory requirements.
- Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 13.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. If you are a business, as well as suspending the goods we can also charge you interest on your overdue payments (see clause 13.6).
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract
will depend on what you have bought, whether there is anything wrong with it, how we are performing,
when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.7.
- Ending the contract because of something we have done or are going to do. If you are
ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will
refund you in full for any goods which have not been provided and you may also be entitled to
compensation. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer. If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund (under the Consumer Contracts Regulations 2013). However, at Bakery Bits, we offer an extended goodwill guarantee to our UK consumer customers, of 30 days from the date the product is delivered to change your mind (subject to the exclusions below). This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed goods (see clause 11.1).
- When consumers do not have a right to change their
minds. Your right as a consumer to change your
mind does not apply in respect of:
- any goods you have ordered which are made to your specifications or are clearly personalised;
- any perishable items which includes but is not exclusive to flours, grains, oils, yeast and sugars; and
- goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
- How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on how
it is delivered. If you have bought goods
(which are not excluded under clause 7.4 above) you have 30 days after the day you (or someone you nominate)
receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery.
- Your goods are for regular delivery over a set period. In this case you have until 30 days after the day you (or someone you nominate) receives the first delivery of the goods.
- 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 are not a consumer who has a right to change their mind (see clause 7.1), you may still be able to end the contract before it is completed (provided your order is not substantial in size), 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, contact us to let us know in accordance with clause 8. If we agree that the contract is ended, we will refund any sums paid by you for goods not provided, but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- How to end the contract with us (including if you are a consumer who has changed their mind)
- If you have not already received the goods, tell us you want to end the
contract. To end the contract with us, please let us know by doing one of the following:
- Phone. Call customer services on +44 (0)1404 565656.
- Email. Email us at [email protected] and state “CANCEL” in the subject box. It is imperative that you do this, so that we have a better chance of being able to cancel your order in time before the goods are dispatched to you.
In each case please provide your name, delivery address, details of the order and, where available, your order number, phone number and email address.
If we agree to end your contract, we will do our utmost to cancel your order before your goods are dispatched, but it is imperative that you contact us as soon as possible after placing your order, particularly if you have chosen next day delivery. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address (at your own cost and risk) in accordance with clause 8.3.
- If you have received the goods, please email us at [email protected] and state “RETURN” in the subject box. Please include your order number, name and delivery address and let us know what you are returning and why. We will then email you to confirm whether your return is accepted.
- Requirements for returning the products. 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. If you are a consumer 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. You must include either a copy of your order confirmation or the dispatch note that we sent with your order, or if you do not have a printer and have misplaced the dispatch note, you must include a note stating your name, order number and delivery address so that we can identify the package. Send the package to BakeryBits Ltd, 7 Lowmoor Business Park, Tonedale, Wellington, Somerset, TA21 0AZ, UK, choosing a tracked postal method. Or (if they are not suitable for posting) you must allow us to collect them from you. Items must be returned unused, free of evidence of your handling of them and in their original packaging. Until we have received your returned items, you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for packages damaged during transit back to us. It is your responsibility to wrap items adequately to prevent damage.
- When we will pay the costs of return. We will pay the costs of return:
- if the goods are faulty or misdescribed; or
- 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.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods, by the method you used for payment. If you are a consumer, this will include your original delivery costs. However, we may make deductions from the price, as described below.
- When we may make deduction from refunds if you are a consumer
right to change your mind. If you are exercising your right to change your mind, or we have otherwise
to accept a return:
- If goods are not returned in accordance with the requirements of clause 8.3, we may reduce your refund of the price to reflect any reduction in the value of the goods. If we refund you the price paid before we are able to inspect the goods and later discover you have handled and/or returned them in an unacceptable way, you must pay us an appropriate amount.
- If you are a consumer exercising your right to change your mind, 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 and will endeavour to do so within 10 working days from the day on which we receive the product back from you.
- If you have not already received the goods, tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- 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 5 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 goods, for example, for business customers that are required to provide the graphics for a bespoke production run in a suitable format of sufficient quality; or
- you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods 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.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 10 business days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for goods which will not be provided.
- 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:
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please call us (+44 (0)1404 565656) or write to us at [email protected].
- Your rights in respect of defective goods if you are a consumer
- If you are a consumer we are under a legal duty to supply goods that are in
conformity with this contract. See the box below for a summary of your key legal rights in relation
to the goods. 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.
See also clause 7.3.
- Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on +44 (0)1404 565656 or write ([email protected]) for further details.
- If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
- Your rights in respect of defective goods if you are a business
- If you are a business customer we warrant that on delivery, and for a
period of 12 months from the date of delivery (or any such extended period given by a manufacturer
guarantee) for non-perishable goods (warranty period), any goods
which are goods shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- Subject to clause 12.3, if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product's failure to comply with the
in clause 12.1 if:
- you make any further use of such product after giving a notice in accordance with clause 12.2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 12 , we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
- These terms shall apply to any repaired or replacement goods supplied by us under clause 12.2.
- If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (or any such extended period given by a manufacturer guarantee) for non-perishable goods (warranty period), any goods which are goods shall:
- 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, unless you are a business customer and we have provided an alternative price list. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment by credit card, debit card and Paypal, as well as bank transfer where agreed in advance. Unless you are a business and we have agreed alternative payment terms, you must pay for the goods before we dispatch them. We will not charge your credit or debit card until we are about to dispatch the goods to you.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- 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 if you are a consumer
- 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 goods as summarised at clause 11.1.
- We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective goods under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 15.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £10,000 and fifty (50%) of the total sums paid by you for goods under such contract in the twelve month period ending on the date that you raise a claim with us.
- Nothing in these terms shall limit or exclude our liability for:
- How we may use your personal information
- Our rights in the contents of our website.
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. If you have a repeat order contract with us, we will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 15 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 7.3 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these 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 goods, 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 if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.