TERMS AND CONDITIONS OF SALE FOR ONLINE SHOP & CLASSES

All Online Shop and Class sales 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 Services and usually who receives and approves the order form and these Terms (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”.  

“Class” “Order(s)” “Product(s)’ means those items to be supplied by Bluebell Kitchen to the Customer as listed on the invoice issued by Bluebell Kitchen to the Customer.

“Booking” means the online shop order or class to be supplied by Bluebell Kitchen.

“Fees” means money paid, or owed to Bluebell Kitchen, by the Customer for the Goods and Services.

“Price” means the price for the Order as set out in our invoice.

“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 our number 01622 210980 or by email to info@bluebellkitchen.co.uk.  Our registered address is 6 Abbots Field, Maidstone, Kent ME6 8QQ.   Our VAT number is 242 2280 41.  

General

These Terms and Conditions shall apply to the sale of the Classes and Online Shop 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 Online Shop 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.

ONLINE SHOP

1. Prices and Booking

Booking an Online Shop Order can be made online 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. 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. Cancellation of Your Order 

Only order amendments or cancellations which are given at least 3 working days 

before the intended delivery date may be accepted.  Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day.

To amend/ cancel orders, please phone 01622 210980 or in writing by emailing us on info@bluebellkitchen.co.uk.

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.  We will have no liability to You for any indirect loss - please refer to Clause 11.

3. Booking Confirmation for Online Payments

Your Online Shop Order is not secured 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 Online Shop flavour.

4. Special Dietary Requirements and Allergies

We are unable to cater as standard for special dietary requirements including vegan, free from dairy and without gluten options in our Online Shop.

We aren’t a specialist bakery and use a lot of wheat flour (gluten), butter (milk), milk, eggs, soya, sulphites and nuts in our kitchen as standard.

Please note that all cakes and bakes are made using equipment that handles wheat (gluten), butter (milk), eggs, milk, soya, sulphites, nuts.

The Online Shop products 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 and ingredients list will be provided with every Order.

5. Delivery

 Postal Delivery

An agreement may be made between Bluebell Kitchen and the Customer so that Your Order can be posted to You. We use Royal Mail Special Delivery Next Day Guaranteed. We will email a tracking number once it's been posted. We cannot provide an exact time for this delivery.

It is the Customer’s responsibility to ensure that You have given Bluebell Kitchen correct delivery information, and that someone is available to receive Your Order. 

Our Online Shop Orders are delivered between Wednesday and Saturday.

We post 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.

Please note some products are NOT available for postal delivery.  These can be collected from Our studio in Maidstone, Kent.

Please note all of Bluebell Kitchen’s Online Shop products 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.

6. Collection

Your Order may be collected at a pre-arranged agreed time from Bluebell Kitchen.  You will be sent directions to our studio when your order is confirmed

Collection will be available Wednesday to Saturday and at a time agreed between You and Bluebell Kitchen.   Bluebell Kitchen will confirm the date and time slot by email.  We are open by appointment only for collection.

If You wish to change Your time, 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. 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).

8. 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.  Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products will vary slightly from those images especially as each product is handmade and decorated and we may change the manner in which the Product is decorated.

9. 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 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.

10. Refund Policy

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 receiving/ collecting Your Order.  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.

We hope that You will be pleased with your Order. However, if upon collection or delivery of Your Order You find that they are not those ordered by You (for example, the flavour of Your Product is incorrect unless otherwise notified in advance), or the Order is incomplete, or a Product is in a damaged condition when You receive it, please notify Us immediately by telephone on 01622210980 or by e-mail on info@bluebellkitchen.co.uk. If a Product is not as on the Order Confirmation or damaged We will credit or refund Your purchase. In the case of damaged or incorrect Products You must take photographic evidence and email this to Us, and retain the damaged or incorrect Products and all packaging for inspection by Us. Subject to Our report on the claimed damage or incorrect Products and to these Terms and Conditions We will refund the price You paid for the returned Products together with the delivery charge or post a replacement to You at no additional cost. We will have no liability to You for any indirect loss - please refer to Clause 11. When emailing Us please state clearly Your Order Number, date of Order, name and delivery address details and provide photos of any damaged/incorrect Product together with a photo of the complete delivery slip and any labelling on the packaging which might be on the back, side or underneath.

We will only make a refund to the original payment method used by you to make the online purchase. Once We have issued a refund of any such payment to You, the ownership of the Products will pass back to Us and We may at our discretion allow You to keep the Products.

Taste is a very personal matter and is subjective. We cannot accept the return of any Products merely because You do not like the taste of them.

If the recipient of the Product as named on the order contacts Us regarding a damaged or incorrect item, and the recipient differs from the person who ordered and paid for the Products, where We reach an agreement with the named recipient regarding a credit for the Products, no further remedy will be available for the person who ordered and paid for the Products.

10. 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.

11. Limitation of liability 

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

Bluebell Kitchen will use reasonable care and skill in performing the Services.

Bluebell Kitchen’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special, or indirect loss or damage will be nil.

In respect of any other direct losses (in Contract or Tort) the total liability of Bluebell Kitchen will not exceed the return of all payments received, and thus, the limit of liability shall not exceed the value of the Services provided or the Fees paid.

Nothing in these Terms will exclude or limit liability for death or serious injury caused by Bluebell Kitchen’s negligence.

13. 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 can be found at 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 You with Our Goods.  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.

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.  We will have no liability to You for any indirect loss - please refer to Clause 14.

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 by phone on 01622 201980 or by email: info@bluebellkitchen.co.uk.

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.

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 or before and after You have arrived/ left the class. This extends to Your car or other modes of personal transport parked in the surrounding area to Bluebell Kitchen.

13. 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.

14. Limitation of liability 

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

Bluebell Kitchen will use reasonable care and skill in performing the Services.

Bluebell Kitchen’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special, or indirect loss or damage will be nil.

In respect of any other direct losses (in Contract or Tort) the total liability of Bluebell Kitchen will not exceed the return of all payments received, and thus, the limit of liability shall not exceed the value of the Services provided or the Fees paid.

Nothing in these Terms will exclude or limit liability for death or serious injury caused by Bluebell Kitchen’s negligence.

15. 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 to info@bluebellkitchen.co.uk.  Detailed 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.

16. 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 can be found at 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 You with Our Goods.  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.

17. 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.