Terms of Sale
1.1 All products sold on the website (the Site) are sold on these Terms (the Terms) to the exclusion of all other terms and conditions. The products are sold by Bay’s Kitchen, William Burford House, Lansdown Place Lane, Cheltenham, GL50 2LB (we, us).
1.2 We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. We recommend that you review these Terms before every purchase that you make.
1.3 You may only purchase products on this Site as a consumer. If you are a business wishing to purchase the products for commercial re-sale or otherwise, please contact us at email@example.com.
2.1 We try to display the colours of our products accurately on the Site. However, the actual colours of our products you see will depend on your device and we cannot guarantee that your device’s display of any colour will accurately reflect the colour of the product on delivery.
2.2 All products are subject to availability. We will notify you as soon as possible if a product that you have ordered is out of stock, and if you have paid for that product, we shall promptly refund you.
2.3 Packaging may vary from that shown on the Site.
3. Price, Payment and Delivery
3.1 You must make sure that all information you provide to us, including your email and delivery address, is accurate. We will not refund you or deliver replacement products if we have delivered the products to the address you provided to us – even if you have not given us your correct address.
3.2 The prices payable for products and the costs of delivery are set out on the Site. We reserve the right to change the prices and costs of delivery at any time.
3.3 Your order constitutes an offer to purchase products from us, and does not form a binding contract until we dispatch that product to you and send you an order dispatch email which includes details of the product.
3.4 We will use all reasonable endeavours to deliver in accordance with the delivery timescale you select.
4. Cancellation and Returns
4.1 You cannot cancel any order or contract for consumable products that are liable to deteriorate or expire rapidly unless the product is damaged or defective. For all other products, you may cancel your contract with us for the products you order at any time up to 14 days from the date you receive the products. If you do cancel your contract, you must take reasonable care of the products whilst they are in your possession.
4.2 To cancel your contract you must notify us in writing clearly stating the following: your name, geographical address, details of the order you wish to cancel including order number and, where available, your phone number and email address. You can notify us by email to firstname.lastname@example.org.
4.3 Within 14 days of the notice to cancel, you must send the products back to us at your own cost and risk. We strongly recommend that you send your products back to us via a recorded post service and obtain a certificate of posting. We will not refund you if we do not receive the returned products. Please also make sure you package the products appropriately to avoid damage.
4.4 We will refund any sums paid for the products returned and, if you return the whole order, we will refund the delivery costs you paid up to the price of standard delivery.
4.5 If you do not return all of the products that you have cancelled, or you do not pay the costs of returning them to us, or the products are damaged on receipt, we shall be entitled to deduct from the amount to be refunded the direct costs of recovering the products or to reflect the loss in value of the products.
4.6 The provisions of this section do not affect your consumer statutory rights. If the product on receipt is damaged or defective, or not the product you ordered, please let us know and we will either (a) replace any products that are damaged or defective; or (b) refund to you the amount paid by you for the products in question.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the products you have ordered; (b) we do not deliver to your area; or (c) one or more of the products you ordered was listed at an incorrect price due to a typographical error.
5.2 If we do cancel your contract we will notify you by e-mail and will refund to you all sums paid by you within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6.1 To the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses or for any financial losses howsoever arising in relation to the products whether or not advised of the possibility of the same. In any event, we shall have no liability to pay any money to you by way of compensation or damages for any reason whatsoever in excess of the amount paid by you for the products in question.
6.2 We shall have no liability to you for any delay in delivering products you have ordered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
6.3 Nothing in these Terms is intended to (a) limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded; or (b) exclude or limit our liability to you which cannot be excluded by English law. In particular, we acknowledge that under the Consumer Rights Act 2015 the product must be as described, fit for purpose and of satisfactory quality.
7.1 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
7.2 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the products please follow this link http://ec.europa.eu/odr.
7.3 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.