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TERMS AND CONDITIONS OF SALE FOR UNBIRTHDAY CAKES & CLASSES

All Class and Unbirthday Cake sales made by 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
In these Terms and Conditions the terms “Customer” “You” “Your” includes the person or their representative who places an order with Bluebell Kitchen defined as “Bluebell Kitchen” “We” “Our”. “Booking” “Class” “Unbirthday Cake” “Order” are defined as the items to be supplied by Bluebell Kitchen to the Customer as listed on the invoice.

Who We are and how to contact Us
We are Bluebell Kitchen, a partnership established in England and Wales. 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 our number 01622 210980 or by email to info@bluebellkitchen.co.uk. Our postal address can be supplied on request.

General
These Terms and Conditions shall apply to the sale of the Classes and Unbirthday Cakes 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 booked the Unbirthday Cake or Class. 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.

UNBIRTHDAY CAKES

1. Prices and Booking
Booking an Unbirthday Cake can be made online using Our online Booking form on Bluebell Kitchen’s website (www.bluebellkitchen.co.uk).

By placing a Booking for an Unbirthday Cake You will expressly confirm acceptance of these Terms and Conditions. Our acceptance of your Booking will take place when we send a confirmation email to You, at which point a contract will come into existence between You and Us.

2. Refunds and Cancellation
Refunds are not available once payment has been made under any circumstances even if a confirmation email has not yet been received by You.

All Unbirthday Cake bookings are bound by these Terms and Conditions.

In the unlikely event that Bluebell Kitchen has to cancel Your Unbirthday Cake, 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 Unbirthday cake.

3. Booking Confirmation for Online Payments
Your Unbirthday Cake is not secure until full payment has been made and You receive a confirmation email from Us to confirm Your cake. You will receive a separate email for payment made via Stripe (paid via our website) but this is not confirmation of an Order placed. You will receive a confirmation email to confirm Your Order from Bluebell Kitchen within 24 hours of payment being received. If You do not receive Your Order confirmation email please check Your spam or junk folder in the first instance and then contact Bluebell Kitchen directly.

Please note: if you have made an online Order and the flavour is sold out, Bluebell Kitchen will notify You immediately and offer a full refund or offer an alternative Unbirthday Cake flavour.

4. Special Dietary Requirements and Allergies
We cannot cater for special dietary requirements at this time.

Unbirthday Cakes are not suitable for Customers with any nut allergy.

Bluebell Kitchen cannot guarantee 100% pip free and stone free preserves, as they can be missed in the manufacturing process.

A full allergen list will be provided on takeaway/ delivery.

5. Delivery

Postal Delivery - AFTERNOON TEAS ONLY

An agreement may be made between Bluebell Kitchen and the Customer so that Your Order can be posted to You.  Postal delivery is only available for Afternoon Tea Orders.  We use Royal Mail Special Delivery Next Day Guaranteed.  We will email a tracking number once it’s been posted.  Afternoon Teas will be posted on a Tuesday for Wednesday delivery and on a Thursday for Friday delivery.  We cannot provide an exact time for this delivery.

Please note orders must be made by 12 noon on a Tuesday or 12 noon on a Thursday to ensure next day delivery.  Any orders made after that time will be posted on the next available delivery day.

Individual Cakes, Cupcakes and Macarons are NOT available for postal delivery.  If the Customer orders both an Afternoon Tea and an additional Unbirthday Cake (e.g. Cakes, Cupcakes and Macarons) as a mixed Order, Bluebell Kitchen cannot post this Order.  A mixed Order will be available for contactless takeaway or local delivery only.

It is the Customer’s responsibility to ensure that You have given Bluebell Kitchen correct delivery information and telephone number, and that someone is available to receive Your Order.  Bluebell Kitchen accepts no responsibility for any loss or consequential loss by the Customer as a result.

All of Bluebell Kitchen’s Unbirthday Cakes are fragile and will be packaged carefully.  Full handling and storage information will be provided to You.  Once the Goods have left Bluebell Kitchen’s care, Bluebell Kitchen will not be liable for any interference with or damage to the Goods thereafter including during the postal delivery.

Contactless Local Delivery

An agreement may be made between Bluebell Kitchen and the Customer so that Your Order can be delivered to You. Bluebell Kitchen will deliver Unbirthday Cakes to the ME14, ME15, ME16, ME18, ME19, ME20 postcodes only.

The charge for contactless delivery is £5.00 including VAT and these will be made each Saturday afternoon between 2 pm - 5 pm. All contactless delivery times are subject to availability.

It is the Customer’s responsibility to ensure that You have given Bluebell Kitchen correct delivery information and telephone number, and that someone is available to receive Your Order. Deliveries will be left on your doorstep. We will telephone you on arrival and leave the cake on the doorstep before stepping back.

If the recipient is not in, the Order will be returned to Bluebell Kitchen who will contact You to arrange an alternative delivery time for which an additional charge will be payable by the Customer. Bluebell Kitchen accepts no responsibility for any loss or consequential loss by the Customer as a result.

Please note that all of Bluebell Kitchen’s Unbirthday Cakes are fragile and must be handled with care. Full handling and storage information will be provided. Once the Goods have been delivered, Bluebell Kitchen will not be liable for any interference with or damage to the Goods thereafter.

6. Contactless Takeaway
Your Order may be collected at a pre-arranged agreed time from Bluebell Kitchen. You will be sent our home based studio address when ordering.

Takeaways will be available each Saturday morning between 9 am - 12 noon. Bluebell Kitchen will confirm a time slot by email. On arrival at our studio please phone 01622 210980, the cake will be placed on our doorstep ready for you to collect.

If You wish to change Your time slot, on a Saturday morning between 9 am - 12 noon, please contact Bluebell Kitchen and We will do our best to help.

Please note that all of Bluebell Kitchen’s products are fragile and must be handled with care. Full handling and storage information will be provided. Once the Goods have been collected, Bluebell Kitchen will not be liable for any interference with or damage to the Goods thereafter.

7. Limited Availability
Limited numbers are available and bookings will close by 12 noon on the Thursday before Saturday takeaway/ delivery or when sold out for that week’s takeaway/ delivery.

Bookings for the following week will reopen on Sundays at 9 am.

8. 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 the prior written consent of Bluebell Kitchen (which Bluebell Kitchen may in its absolute discretion grant, refuse or condition).

9. Images used on the website
All Unbirthday Cake images are for illustrative purposes only. Bluebell Kitchen reserves the right to alter the designs as necessary.

10. 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 cake for any promotion after the 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.

11. Complaints
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/ takeaway. This must be done in writing. Evidence of any faults, damages or discrepancies should be included. Any request for a refund will be considered entirely at the discretion of Bluebell Kitchen.

12. 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 on https://www.bluebellkitchen.co.uk/privacy-notice-and-cookies/

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.

13. Force Majeure
Bluebell Kitchen shall not be liable for any failure or delay in performing its obligation where such failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, default of suppliers, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of God, acts of terrorism, acts of war, disease, epidemics, governmental action or any other event that is beyond Bluebell Kitchen’s control.

14. 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.

CLASSES

1. Prices and Booking
Booking a Class can be made online using Our online Booking form on Bluebell Kitchen’s website (www.bluebellkitchen.co.uk) or by BACS. If You wish to pay for Your Class by BACS You must contact Bluebell Kitchen by phone or email in order to be sent an invoice from Bluebell Kitchen.

By placing a Booking for a Class You will expressly confirm acceptance of these Terms and Conditions. Our acceptance of your Booking will take place when we send a confirmation email to You, at which point a contract will come into existence between You and Us.

2. Refunds and Cancellation
Refunds are not available once payment has been made under any circumstances even if a confirmation email has not yet been received by You. Please check Class dates and times carefully before You book as We are unable to offer refunds if You need to cancel Your booking.

All Class bookings are bound by these Terms and Conditions whether made online or by BACS.

In the unlikely event that Bluebell Kitchen has to cancel Your Class, including if We do not have the minimum number of students booked onto that Class, We will offer a full refund of the price You paid for the Class or offer to transfer You onto an alternative Class.

If you accept an offer of a full or partial Class credit, this will be valid for 12 months from the date of issue. Please note, Class credit has no monetary value and cannot be exchanged for money or goods.

Bluebell Kitchen will not be liable for any money spent on accommodation, travel or other arrangements made by You or on your behalf. If Bluebell Kitchen has to cancel Your Class We will only refund You for the price You paid for the Class. We will not pay for any related arrangements which You might have already made.

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 Class.

It is advisable to take out Your own insurance to cover any unexpected events that may stop You from attending Your Class at Bluebell Kitchen including Class cancellation.

3. Booking Confirmation for Online Payments
Your place is not secure until full payment has been made and You receive a confirmation email from Us to confirm Your Class place. You will receive a separate email for payment if payment is made via Stripe (paid via our website) but this is not confirmation of a Class place. You will receive a confirmation email to confirm Your Class place from Bluebell Kitchen within 48 hours of payment being received. If You do not receive Your Class confirmation email please check Your spam or junk folder in the first instance and then contact Bluebell Kitchen directly.

Please note: if you have made an online Booking and the Class is fully booked, Bluebell Kitchen will notify You immediately and offer a full refund or offer to transfer Your Booking onto an alternative Class.

4. Booking Confirmation for BACS Payments
Your place is not secure until full payment has been made and You receive a confirmation email from Us to confirm Your Class place. You will receive a confirmation email to confirm Your Class place from Bluebell Kitchen within 48 hours of payment being received. If You do not receive Your Class confirmation email please check Your spam or junk folder in the first instance and then contact Bluebell Kitchen directly.

Please note: We cannot hold a Class place pending payment.

5. Gift Vouchers
Bluebell Kitchen offers gift vouchers for full or part payment towards Classes at Bluebell Kitchen’s Cake studio in Kent. Gift vouchers are valid for 12 months only from the date of purchase. Gift vouchers must be purchased directly from Bluebell Kitchen and paid via BACS payment only.

The purchase of a gift voucher does not guarantee a place on a Class at Bluebell Kitchen without first contacting Bluebell Kitchen to check Class space availability. Gift vouchers must be used in full when Booking a Class.

Gift vouchers have no monetary value and cannot be exchanged for money or goods.

It is advisable to take out Your own insurance to cover any unexpected events that may stop You from attending Your Class at Bluebell Kitchen including Class cancellation.

6. Special Dietary Requirements and Allergies
If You have any special dietary requirements You must notify Bluebell Kitchen at the time of Booking and We will make reasonable efforts to accommodate such requirements but cannot guarantee they will be entirely accommodated. Bluebell Kitchen may not be able to accommodate any special dietary requirements if We are not notified of such requirements at the time of Booking.

Please be aware that the Class that You are attending may use ingredients that contain nuts or nut products as well as eggs, milk, gluten and other unspecified allergens. Please contact Bluebell Kitchen at the time of booking if You have any food/ ingredient allergy. We cannot guarantee that no allergens will be present although We will make every effort to ensure that allergies are accommodated. Bluebell Kitchen may not be able to accommodate this if We are not notified of such allergies at the time of Booking.

7. Student Age
The minimum age for students in the classes is 16 years old, unless otherwise stated. For Parent and Child Classes, a paying adult must accompany the child attending the Class.

8. Class Times
We request that You arrive for Your Class 15 minutes before Your Class’s start time. Please note that doors will not be open until that time as We will be setting up Your Class.

If You arrive more than one hour late to the Class You may not be able to complete the whole
Class successfully. No monies will be refunded.

9. Copyright
All copyright, design and other intellectual property rights are and will remain the sole property of Bluebell Kitchen. When purchasing a Class You are granted a limited licence to use the designs from that Class for the purpose of Your own cake making at home only. Please note that no person shall have entitlement to copy or reproduce in any form, or otherwise make use of any image, photograph, recording, design, sketch or other document or item produced by or on behalf of Bluebell Kitchen for use in classes that You plan to hold or teach, or for marketing or advertising Your services, without the prior written consent of Bluebell Kitchen (which We may in our absolute discretion either grant, condition or refuse).

10. Images used on the website
All Class images are for illustrative purposes only and may differ from what You create in the Class. Bluebell Kitchen reserves the right to alter the designs to benefit the students attending that Class.

We may take photographs during the Class for marketing purposes. These may be used on Our website and social media, but not limited to these. If You do not wish to be photographed, please inform us.

11. Student Photography
We encourage students to photograph their own work, but any recording using audio and/ or video is strictly prohibited during Our Classes.

12. Personal Property
All personal property brought into the Class is done so at Your own risk. Bluebell Kitchen takes no responsibility and cannot be held liable for lost, stolen or broken property whilst You are attending a Class at Bluebell Kitchen’s premises or before and after You have arrived/ left the premises. This extends to Your car or other modes of personal transport parked in the surrounding area to
Bluebell Kitchen’s premises.

13. Complaints
If You wish to make a complaint to Bluebell Kitchen or to raise any concerns after attending Your Class it is the Customer’s responsibility to raise this within 48 hours of attending the Class. This must be done in writing. Evidence of any faults, damages or discrepancies should be included. Any request for a refund will be considered entirely at the discretion of Bluebell Kitchen.

14. 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 on https://www.bluebellkitchen.co.uk/privacy-notice-and-cookies/

Bluebell Kitchen processes Your personal data to meet Our legal, statutory and contractual obligations and to provide our Classes 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.

15. Force Majeure
Bluebell Kitchen shall not be liable for any failure or delay in performing its obligation where such failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, default of suppliers, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of God, acts of terrorism, acts of war, disease, epidemics, governmental action or any other event that is beyond Bluebell Kitchen’s control.

16. 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.