These terms and conditions form the basis on which you can use our website and online shop.
General Terms and Conditions
This site is operated and owned by Sarah Berkson, trading as Berkson Bakes of 37 Bentham Rd, Brighton, BN2 9XB. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org or on 07794 269145.
The contract between us
We must receive payment in full (including delivery charges where applicable) for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide on the order form. Our acceptance of your order brings into existence a legally binding contract between us.
Ownership of rights
All rights, including copyright, in this website are owned by Sarah Berkson, trading as Berkson Bakes. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. Any weights, dimensions and capacities given about the goods are approximate only.
Damage to your computer or other device
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer or other device. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to your computer, other device or equipment as a result of using this website.
All orders are subject to acceptance and availability. If the products you have ordered are unavailable for any reason, we will contact you by e-mail or phone (if you have given us these details). You will have the option either to wait until the item becomes available or to change or cancel your order.
You are able to correct errors on your order up to the point at which you click “submit” during the ordering process.
The prices payable for goods that you order are as set out in our website and are correct at the time of entering information. We are not registered for VAT.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by e-mail, offer to sell you the goods of the specification and description at a price stated in the e-mail and will state the period for which the offer or the price remains valid.
We may offer promotional coupons from time to time. Discounts will be calculated using the basket contents and will be applied at checkout.
We will charge your payment account (debit card, credit card or PayPal account) for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment from your account for the goods, then we retain the right to cancel the contract and/or suspend any further deliveries to you. This does not affect any other rights we may have.
Delivery charges may be included in the quoted price or vary according to the type of goods ordered. Delivery charges cannot be refunded once the goods have been dispatched.
Delivery 1. Our delivery charges are set out under the menu option ‘Delivery Information’ in our online shop.
2. It might not be possible for us to deliver to some locations.
3. Please note that we are usually only able to deliver to addresses within Great Britain, but excluding the offshore islands, Northern Ireland, the Scottish Isles and parts of Scotland. Please contact us for delivery options and any additional delivery charges that may apply to your address.
4. We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been dispatched in accordance with your delivery instructions (unless this is caused by our negligence).
We will send the goods to the address you specify for delivery in your order, so it is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been sent in accordance with your delivery instructions (unless this is caused by our negligence).
We are unable to guarantee delivery dates (except if the chosen delivery option involves a guaranteed delivery date); we can only guarantee dispatch dates. Expected delivery times are 1-2 working days from dispatch for 1st class, 2-3 working days for 2nd class.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
For deliveries outside the EU, you must:
- Cover any additional customs fees to allow the goods into your country.
- Accept responsibility for any goods that are not permitted for import into your country.
Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will own the goods only once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
- Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order. We will e-mail you again to confirm acceptance of your order. You will also receive an e-mail notification when your order has been dispatched.
- Cancellation rights 1. Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any personalised items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
2. If you have received the goods before you cancel your contract you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3. Once you have notified us that you are cancelling your contract, any sum debited to us from your payment account will be recredited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be recredited to you.
4. You will be recredited for the costs incurred in returning faulty or unsatisfactory goods.
Cancellation by us 1. We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
2. If we do cancel your contract we will notify you by e-mail and will recredit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order.
Liability 1. If you do not receive goods ordered by you within 14 days of the date on which you requested dispatch, or if you receive damaged or unsatisfactory goods, we will have no liability to you unless you notify us in writing at our contact address of the problem within 21 days of the date on which you requested dispatch of the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
to make good any shortage or non-delivery;
to replace any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question in whatever way we choose.
2. Both parties shall be liable under this contract only for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
3. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
4. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address in the first paragraph of these terms and conditions and all notices from us to you will be displayed on our website from time to time.
- Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should read through them each time you wish to place an order.
- Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Berkson Bakes is committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1988.
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information.
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our online shop you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
(a) To register you with our website and to administer it.
(b) For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
There is a technology called “cookies” which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers. Security.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to Berkson Bakes and addressed to The Data Controller.