Terms & Conditions of Sale for Online Shop
All On Line Shop Products made by Bluebell Cake Design Ltd t/a Bluebell Kitchen are subject to the following Terms and Conditions. Nothing contained within these Terms and Conditions affects Your statutory rights as a consumer
Please read the following Terms and Conditions: if there is anything that You do not understand please feel free to contact Bluebell Kitchen.
Definitions
“Customer”, “You” means the person (or their representative) to whom We
provide the Goods and who places the Order. Where there is more than one person, they shall be jointly and severally liable.
Bluebell Cake Design Ltd, Company Number 13983346 t/a Bluebell Kitchen is referred to as “Bluebell Kitchen” “We” “Us” or “Our”.
“Order(s)” “Product(s)” “Goods” means those items to be supplied by Bluebell
Kitchen to the Customer as listed on the invoice or order confirming as issued by
Bluebell Kitchen to the Customer.
“Fees” means money paid, or owed to Bluebell Kitchen, by the Customer
for the Goods.
“Price” means the price for the Order as set out on Our Website, in Our invoice or Order confirmation.
“Services” means the services provided by Us to fulfil your Order.
“Terms” means these Terms and Conditions.
Who We are and how to contact Us
We are Bluebell Cake Design Ltd, a limited company established in England and Wales (Company Number 13983346), t/a Bluebell Kitchen. Further information about Us can be found on our website at www.bluebellkitchen.co.uk. You can contact Us via Our Website, or by telephoning 01622 210980 or by email to info@bluebellkitchen.co.uk. Our registered address is The Oast EMR Centre, New Road, East Malling, West Malling, Kent, ME19 6BJ. Our VAT number is 242 2280 41.
Our studio address will be supplied after confirmation of Your Order where relevant.
General
These Terms and Conditions shall apply to the sale of the Products by Bluebell Kitchen to the Customer. In the event of conflict between these Terms and Conditions and any other terms and conditions, these Terms and Conditions shall prevail unless expressly agreed by Us in writing. “In writing” means writing to You at the email address or postal address You provided to Us when You ordered the Product. By Booking with Bluebell Kitchen, You agree to be bound by these Terms and Conditions and accept that these Terms and Conditions may from time to time be modified or amended by Us, in which case We shall notify You of the changes made.
Online Order
1. Booking
Booking an Online Shop Order can be made using Our online Booking form on Bluebell Kitchen’s website (www.bluebellkitchen.co.uk).
By placing a Booking for an Online Shop Order You will expressly confirm acceptance of these Terms and Conditions. Please note that before placing an order you will be asked to agree to these Terms and Conditions. If You refuse to accept them, You will not be able to place an Order from Our On Line Shop. We amend these Terms from time to time and it is Your responsibility to ensure You have read them to check any changes. Every time you wish to order Products, you will be asked to accept these Terms and Conditions. These Terms and Conditions are only in the English language.
Our acceptance of Your Booking will take place when We send a confirmation email to You usually within 48 hours, at which point a contract will come into existence between You and Us. If a Product becomes unavailable We will contact You and offer a refund or an alternative.
2. Amendments and Cancellation
As Our Products are made fresh to order and are perishable, Order amendments or cancellations must be made at least 3 working days before the intended delivery. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the next working day.
To amend/cancel orders, please phone 01622 210980 only. Requests for changes to Your Order or cancellations via email will not be accepted.
In the unlikely event that Bluebell Kitchen has to cancel Your Online Shop Order, We will offer a full refund of the price You paid.
Limitation of Liability
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Bluebell Kitchen shall not be liable whether in tort (including for negligence or breach or statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profit, loss of business, loss of income, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect, or consequential loss, costs, damages, charges or expenses however arising.
Bluebell Kitchen’s maximum liability to You under our contract shall be limited to the sum actually received from You for the Product.
Delivery
Orders are dispatched via Royal Mail Special Delivery Next Day Guaranteed. A tracking number will be provided once dispatched. Deliveries are typically sent on specified dates given on the Website. While Bluebell Kitchen will dispatch Orders using the agreed delivery service, We cannot guarantee delivery times once orders have been handed to the courier. Bluebell Kitchen will not be liable for delays caused by courier services, weather conditions, incorrect address/postcode given, or other circumstances outside our control.
Delivery is available to mainland UK only – We cannot deliver to Guernsey, Jersey, Northern Ireland, Scottish Highlands & Islands, Scilly Isles and the Isle of Man due to next day delivery not being guaranteed.
Collection
Your Order may be collected at a pre-arranged agreed time from Bluebell Kitchen. You will be sent Our studio address when Your Order is confirmed
Collection will be available on a date and at a time agreed between You and Bluebell Kitchen. Bluebell Kitchen will confirm the date and time slot by email.
If You wish to change Your time, please contact Bluebell Kitchen and We will do our best to help.
Bluebell Kitchen products are made fresh and may have a limited shelf life. Storage and handling instructions will be provided where necessary. It is the Customer’s responsibility to follow these instructions to maintain product quality and food safety. Bluebell Kitchen cannot be responsible for deterioration of products once they have been collected.
Allergies and Special Dietary Requirements
Bluebell Kitchen is unable to cater as standard for special dietary requirements including vegan, free from dairy and without gluten options unless stated as an option in our Online Shop.
We are not a specialist allergen-free bakery. Products are made in Our kitchen that handle wheat (gluten), eggs, soya, sulphates, nuts as standard.
Products in our Online Shop are NOT suitable for customers with nut allergies.
Bluebell Kitchen cannot guarantee 100% pip free and stone free preserves, as they can be missed in the manufacturing process.
A full ingredient list will be provided with each Order.
Copyright
All copyright, design and other intellectual property rights in the Order remain at all times the property of Bluebell Kitchen. Please note that no person shall have entitlement to copy or reproduce in any form, or otherwise make use of any image, photograph, design, sketch or other document or item produced by or on behalf of Bluebell Kitchen without prior written consent of Bluebell Kitchen, which Bluebell Kitchen may in its absolute discretion grant, refuse or condition.
Images used on the website
All Online Shop product images are for illustrative purposes only. Bluebell Kitchen reserves the right to alter the designs as necessary.
Publication and promotional rights
All rights in any original designs created and designed by Bluebell Kitchen shall remain the exclusive property of Bluebell Kitchen. From time to time the designs may be used for marketing purposes. Bluebell Kitchen reserves the right to use any image of a Customer’s Order for any promotion after the postal delivery/collection date, unless previously agreed otherwise in writing between the Customer and Bluebell Kitchen.
The Customer has no ownership rights or any intellectual property rights over any cake design.
Complaints
All food items are perishable goods and made to order. If You wish to make a complaint to Bluebell Kitchen or to raise any concerns after receiving Your Order it is the Customer’s responsibility to raise this within 48 hours of delivery/ collection. This must be done in writing. Evidence of any faults, damages or discrepancies should be included including a photo of the Goods and packaging. You may be asked to return the Goods and relevant packaging to Bluebell Kitchen. Any request for a refund will be considered entirely at the discretion of Bluebell Kitchen.
Refunds
We hope You’re delighted with Your Goods, but if Your Order is incorrect or incomplete and not as stated on the Order confirmation, please contact us by phone 01622 210980 within 48 hours of receiving Your delivery. Please retain the item(s) and all packaging for inspection. Where a genuine error has occurred, We will offer either a replacement or a refund for the affected Goods.
We will only make a refund to the original payment method used by You to make the On Line purchase. Once We have issued a refund the ownership of the Goods will pass back to Us.
Taste is a personal and subjective matter, and We are unable to offer refunds simply because a Product does not meet Your personal preference.
We work with Royal Mail, using Special Delivery next day, to ensure Your Order reaches You fresh and on time. We cannot guarantee the exact delivery time. Someone must be present at the address to receive it. If Royal Mail cannot deliver the Goods because no one is at the address, We cannot offer a refund.
However, We understand that occasionally things may go wrong.
Failed Delivery: If Your Order is not delivered due to a failure by Royal Mail. After investigation, You may be eligible for a replacement or a full refund of Your order, including any delivery charges.
Late Delivery: If Your Order arrives later than the confirmed delivery date, You may be eligible for a refund of the delivery charge.
Privacy Notice
Bluebell Kitchen takes Your privacy seriously and will only process Your personal data with Your consent and in accordance with the terms stated in Our Privacy Notice, which is published here.
Bluebell Kitchen processes Your personal data to meet Our legal, statutory and contractual obligations and to provide Your Order to You. We will never collect any unnecessary personal data from You and do not process Your information in any way, other than as specified in the Privacy Notice.
Force Majeure
If Bluebell Kitchen is limited or hindered from providing any Goods or Services booked by the Customer due to circumstances beyond its control eg. Government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic and or pandemic then the liability of Bluebell Kitchen to the Customer shall not exceed the amount paid by the Customer for the Goods or Services. The Deposit shall be non-refundable, (being an approximation of the value of Goods or Services already rendered and or expenses incurred) and Bluebell Kitchen shall (where the value of the Goods or Services already delivered to the Customer or expenses incurred is greater than the value of the Deposit) be entitled to be paid additionally for all Goods and Services delivered to the Customer up to that point. Bluebell Kitchen shall not be liable for any additional losses incurred by the Customer in such circumstances.
Law and jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales and any dispute between the Customer and Bluebell Kitchen relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.