Terms & Conditions

Acceptance of terms and conditions

We are babsysbakes.com (“the website”) References to “we”, “us”, or “our” are references to www.babsysbakes.com
Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately. This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

Changes to Terms and Conditions

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.

Cancellation of your order

Our bakes are made to order and as such are classed as bespoke items – there is no automatic right to cancel once an order has been placed as we will start work on your order at once to ensure we meet delivery timescales. However we will accept cancellation of orders up to 3 working days prior to your selected delivery date as long as no part of your order has already been processed or manufactured. If your order was placed within 3 working days of your selected delivery date your order may not be cancelled for any reason. Cancelled orders will be at our discretion refunded in full minus any payment fees incurred by us.

Other applicable terms

In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions. Please also refer to our FAQs on the website for further information. Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us at info@babsysbakes.com and we will correct the fault as soon as we reasonably can. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at info@babsysbakes.com as soon as possible. All products shown on our site are subject to availability. If any product you have ordered is not available, we will contact you to let you know and will refund your payment or discuss an alternative product.

Ordering

Orders can only be placed via the website automated process. We are unable to accept orders by any other means. Payment is required at the time of ordering, we accept card payments using Visa or Mastercard debit or credit cards. Please see the delivery information page for full details about delivery timescales.

Flavour changes

Whilst we make every effort to ensure that you get the brownies you want when you want them, in busy periods we may run out of some flavours, we prioritise getting your order out on time so in this situation we may substitute one or more of your chosen flavours for a flavour already in your box or a plain Jane brownie… We will make every effort to call you in this situation but in busy periods may be unable to do so and reserve the right to make the substitutions without notice.

Payments

Payment must be made at the time of ordering, an order is not successfully placed until the order process has been completed and you have made successful payment and received an order number. We can not be held responsible for circumstances beyond our control limiting your ability to use the site. Payments are made via a secure SSL link to our payment processor. We never see any of your card details we are only told if the payment has been successful or not.

Withdrawal, Returns and Cancellation

Your brownies are baked to order and as such are classed as Bespoke Products and as such there is no right to cancel an order once it is placed. We strive to deliver our brownies to you in perfect condition, however if your goods arrive damaged or faulty or have been tampered with, please contact us at info@babsysbakes.com with all supporting information and photographic evidence. We retain the right to request a return of any faulty goods by recorded delivery, and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods or a replacement offered. If a refund is agreed then we will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. The Refund process can take up to 7-10 working days for the refund to show. If the refund is still not showing on your account after 7-10 working days please contact us. If a replacement is agreed then we will deliver using the same method used for the original order. Unfortunately, damaged and faulty products are the only reasons for which we can offer a refund or replacement for our brownies. Due to the perishable nature of our brownies, you do not otherwise have a right to cancel your order or any contract between us and we are not otherwise able to offer refunds or allow for a return of those items, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war. We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. We reserve the right to cancel any order prior to being marked as completed on the account status, in this circumstance a full refund will be given. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.

Delivery

We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. If an order contains more than 15 brownies of one flavour or more than 50 brownies in total this is classed as a large order and we will need to check stock levels and may need to adjust your order slightly or alter your delivery date, we will contact you if this is the case.. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of redelivering them. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Delivery Disclaimer

Please note once your order is dispatched it is deemed out of our control and we can not take any responsibility for parcels which arrive late (or early) as long as we dispatched within our stated timescales. We will try our very best to deliver your order on the delivery date you specify when the order is placed. During times of high demand we may take a day or two extra – we will notify you if this is the case. Orders are sent and delivered via Royal Mail 1st Class. Whilst we make every effort to ensure your brownies are delivered to you when you want them to be we can not guarantee any specific delivery date or time and no refunds can be given if they arrive later than your selected date. No refunds will be given for delivery related issues.

PLEASE NOTE…WE DO NOT GIVE REFUNDS IF YOU OR YOUR RECIPIENT IS NOT HOME TO RECEIVE THE PARCEL YOU ENTER AN INCOMPLETE, PARTIAL, OR INCORRECT ADDRESS YOUR DELIVERY IS DELAYED DUE TO ANYTHING OUT OF OUR CONTROL YOU OR YOUR RECIPIENT ARE AWAY AT TIME OF DELIVERY

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy For the purposes of these Terms and Conditions: ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.

Gift Vouchers/Discount Codes

Only one gift voucher or discount code can be used per order. When the value of an order is greater than the gift voucher amount the balance must be paid. No change is given for vouchers used where the order value is less than gift voucher amount. Gift vouchers and discount codes can not be used against postage charges.

Allergens

All products are produced in an environment where nuts are stored and therefore a product may contain traces of nuts. Wherever possible, we have identified possible products which contain Allergens, however we would advise customers to check our up to date allergen info page or your dispatch note. Allergens are shown in Bold/underlined. Allergens found in some of our products are: – Butter, Eggs, Nuts, Peanuts, Lactose, Palm Fat, Milk, Cocoa Butter, Wheat, Gluten, Soy, Sesame, Sulphites.

Product Descriptions and Specifications

Every effort is made to ensure that goods displayed on our website conform to the descriptions and photographs. The colours seen may vary depending on the resolution of your monitor’s display. Therefore, we cannot guarantee that the colour displayed will always accurately reflect the colour of the item delivered. We reserve the right to vary the dimensions, descriptions, specifications, quantities, and description of products displayed on our website without prior notice.

Shelf Life

Where possible and unless otherwise stated, the shelf life is indicated on our website and shown within the packaging on delivery. Should you need a product to keep until a particular date, please ask at the time of ordering. Please be advised that you may not be able to track the exact location of your parcel or estimated delivery time. Delivery times may vary, and we will not be held responsible for any guarantees or representation made to delivery times or any delays resulting from postal delays or force majeure.

Unforeseen Circumstances

Every effort will be made to meet customers’ demands, however, cancellations or variations may be necessary as a result of an Act of God, War, Strike, Lockout, Lock-in, Labour Dispute, Fire, Flood, Drought, Severe Weather or other circumstances beyond control of Babsy’s Bakes.

Limitation of Liability

We cannot accept liability for any consequential loss, damage or expense caused by a failure in our service of any sort. This includes the cost of purchase made to replace an order that fails to arrive for any reason.

Limitation of Liability

We are a small-scale independent producer; therefore, all our products are subject to availability. In the event of a product being unavailable, we will contact you to arrange an alternative or issue a refund.

Complaints Procedure

It is your responsibility to check your order carefully and immediately on receipt of the goods. In the unlikely event of goods being unsatisfactory, damaged, or incomplete, you should accept delivery and contact us within 2 days. After this period has elapsed, we will be unable to consider reimbursements. Please do not return or dispose of any goods without contact us first.

Corporate Orders

Corporate orders must be placed over the phone or by email, especially where one order requires multiple delivery names and addresses. Discounts may be available on enquiry. In addition to the payment methods previously mentioned, payment by bank transfer can also be accepted for orders placed over the phone. Please note that these orders will not be confirmed until payment has been received.

Use of Images

Should we find another Company or Competitor has used one of our pictures without prior permission, they will be required to remove it and they will receive an invoice for £1000 payable within 7 days or face court action.

Website and Social Media Accuracy

Babsy’s Bakes has taken great care to ensure that all our prices and descriptions are correct. In case of error, you will be given the opportunity to cancel your order. We will, of course, apologise if this is the case. Prices are correct at the time of being displayed.