Terms of Sale
Version: 9th November 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND MAKE SURE YOU UNDERSTAND THEM
Welcome to www.lukeevans.co.uk (the “Website“). These are our website terms and conditions of sale (“Terms of Sale“) that give you important information about the legal terms and conditions on which we sell certain goods on our Website (“Products“) to you.
1. Information about us
We operate the Website. We are Luke Evans Bakery, registered in England and Wales as Luke Evans Bakery Ltd under company number 007672560 and our registered office is at 81 Burton Rd, Derby DE1 1TJ, England. Our main trading address is at Luke Evans Bakery, Greenhill Lane, Riddings, Derbyshire. Our VAT number is 646558405.
2. About these Terms of Sale
By using this Website and/or placing an order you agree to be bound by these Terms of Sale. Please read these Terms of Sale carefully and make sure that you understand them before ordering any Products from our Website. You will be asked to read and agree to these Terms of Sale before you place an order for Products from our Website. If you do not agree with these Terms of Sale, do not order any Products from our Website.
Before placing an order, if you have any queries relating to these Terms of Sale, please email email@example.com.
We may change these Terms of Sale from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer. Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order Products, please check these Terms of Sale to ensure you understand the terms which will apply at that time.
These Terms of Sale, and any Contract between us, is only in the English language.
In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts.
Your attention is drawn in particular to the sections concerning our liability to you (paragraph 12) and the legal right to cancel an order (paragraph 8 and paragraph 9).
3. Product information
We have made every effort to describe and display as accurately as possible the Products that appear on the Website. However, your Products may vary slightly from those images, especially those Products which are handcrafted.
Prices, offers and Products are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation.
The placing of a product on our website is an invitation to accept offers for products, it is not an offer to sell at the listed price nor is it binding on us. Your offer is only accepted when you receive dispatch confirmation from us (as referred to at step 13 of paragraph 5 below)
4. How to place an order.
- Find the type of Product that you would like to purchase using the images and Product category titles on the home page of the Website, or via the search facility. To take a look at a particular Product and get more information about it just click on the Product name or image. You can also hover over the Product image with your mouse and it will show a close up image of the Product
- When you’re ready to buy a Product, click on the Product name or image, set the desired quantity, select a variant from the dropdown (if applicable) and then click on the “Add to Basket” link provided next to the Product image.
- You can continue browsing to add more items to your shopping basket. To check what is in your shopping basket at any time, click on “View Basket” (in the top right hand corner). When you are ready to check out, click on “View Basket”.
- If you’re happy with the item(s) in your basket, add any promotion code into the box in the top right hand corner of the screen and click “Apply”. When you are satisfied that your order is correct, click on “Proceed to Checkout”.
- If you do not have an existing account please fill in your details, ensuring the billing address provided is the address your credit or debit card is registered to, choose your delivery address option (the address you entered for the card, or a different one).
- Once you have selected a delivery address, the delivery options available for your Product(s) and the cost of those delivery options can be viewed by clicking on the “View more dates & options” link. You can then select the delivery and date of delivery from the available options or Click and Collect.
- If you have previously stored payment card details, you can now select a card to use for payment. If no payment details are stored you will be asked to key in your payment information at the final stage of order placement (after clicking “Order and Pay”). At this stage you will be required to choose PayPal or payment card type. If you are using PayPal, you will be redirected to the PayPal website, if using your card you will be asked to enter the name on the card, the long number shown on the card, the date of expiry and the verification number (last 3 digits).
- In the Order Messaging section, you can enter a gift message and/or brief delivery instructions for the delivery driver.
- Check the “Review your Order” section carefully and if your order is incorrect make any necessary amendments to your order by clicking the “View Basket” link at the top right side of the page. Once you have made any necessary amendments and you are happy that your order is correct, click “Order and Pay”.
- We recommend that you make a note of your order number. If you are a guest user and you want to save your order details in an account, you will be given the option to register with us and create a password. If you do this, you’ll be able to log in to see the status of your order and shopping with us next time will be much quicker.
- We will send you an order confirmation email (“Order Confirmation“) to confirm that we are processing your order.
- Acceptance of an order placed by you online and the completion of the Contract between you and us will take place when you receive the Order Confirmation email from us.
- If for any reason we cannot provide you with an item on your order, you will be contacted by email and a refund will be issued for the item(s) that are missing.
- If a Product you have ordered is listed at an incorrect price due to an error on our part, we will notify you of the error and either refund you for any overcharged amount so that you pay only the correct price of the Product (and the delivery charge if the order only contained that item) or if we have undercharged you we will seek the outstanding balance. We will not dispatch the Product to you until the correction has been made.
Deliveries are completed by our own Luke Evans delivery drivers and the days of the week will vary due to general and seasonal demand. For delivery days please see the Deliveries.
If our drivers deliver your product(s) in accordance with your instructions (whether to a ‘safe’ place, or to a neighbour, or otherwise) neither we nor they will be liable for any loss or theft of, or damage to, the item following such delivery and any such instructions are given entirely at your own risk.
Incomplete or Inaccurate Addresses: We will attempt delivery to an address and postcode as you enter it and cannot accept liability for late or failed delivery due to an incorrect address. If you are unsure of an address or postcode please check it using the postcode finder or call our Customer Service Team for assistance.
If you have any other queries about your delivery, please call us on 01773 602764.
The price of the Product(s) are as set out on the Website. Your order summary will confirm the price payable by you for the selected Product(s).
We accept MasterCard, Visa Credit, Visa Debit and Visa Electron.
Your card will be charged when you place your order.
Acceptance by us of any payment made by you in connection with any products does not constitute our acceptance of your order and a legally binding contract is not formed until you receive our order confirmation email (as referred to in step 13 of paragraph 5 above) and we will not be obliged to supply products to you until then.
Payment card validation
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the checkout stage and there is nothing we can do to override this.
In processing your order, we may use your information for the purposes of the prevention and detection of fraud and we may disclose your address and postcode details as part of our fraud prevention checks. At all times where we disclose your information it will remain secure.
7. Your legal right to cancel without reason
Subject to paragraph 9 of these Terms of Sale (below), you have a legal right to cancel your Contract with us within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which the purchased Products come into your physical possession.
To exercise the right to cancel, you must inform us of your decision to cancel your Contract by making a clear statement (e.g. letter, email or on the telephone) to us that you wish to cancel your Contract, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
Order cancellations can also be made to us by email at firstname.lastname@example.org, or by contacting our customer service team on 01773 602764. If you are emailing us or writing to us, please quote your order number so as to help us identify your order.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You must send back the purchased Products to us at Luke Evans Bakery, Greenhill Lane, Riddings, Derbyshire, DE55 4AS without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of this Contract to us. The deadline is met if you send back the purchased Products to us before the period of 14 days has expired.
You will have to bear the direct cost of returning the Products to us. Please follow our returns procedure set out in Schedule 3 when returning Products in relation to which you are exercising your legal right to cancel under this paragraph 8. If we do not receive the Products back from you, we will be unable to issue you with a credit.
Effects of cancellation
If you cancel this Contract, any money you have paid, including the costs of delivery will be reimbursed to you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any purchased Products supplied; or
- if there were no purchased Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
If after this time you haven’t received your refund, please contact us.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless (at our absolute discretion) we have expressly agreed otherwise with you, and in any event, you will not incur any fees as a result of the reimbursement.
Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Dispatch Confirmation.
8. Circumstances excluding your legal right to cancel without reason
Notwithstanding paragraph 7 of these Terms of Sale, your legal right to cancel your Contract with us within 14 days of receiving the Product(s) does not apply in the case of any Product ordered by you that is:
- made to your specifications or personalised (for example wedding or celebration cakes); or
- sealed for health protection or hygiene purposes, once it has been unsealed after you receive it; or
- food items which have an expiry date of up to 14 days after the date of despatch.
If you have made a prepayment in relation to wedding or celebration cakes, whether we refund such prepayment is entirely at our discretion and we will be under no obligation to do so.
9. Faulty or mis-described Products
In addition to your legal right to cancel without reason, as set out in paragraph 7 above, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us.
If we have made a mistake, or you receive Products that are faulty, damaged or unfit for purpose, you can return them to us by first contacting Luke Evans on 01773 602764 or email@example.com and we will arrange for a collection.
Upon receipt, the Products will be examined by Luke Evans Bakery to determine any fault. If the Product is found to be incorrect, defective or damaged, we will refund the price of the Product, and any reasonable costs you incur in returning the item(s) to us.
Refunds will be made in accordance with either paragraph 7 or paragraph 9 above, depending on the reason why you are returning the Product(s).
All refunds will be made using the original payment method. Please note that it can take between 5 and 7 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.
11. Our liability to you
If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied under implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
- defective Products under the Consumer Protection Act 1987; and
- as of 1 October 2015 any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015.
As a consumer, you will always have legal rights (including statutory remedies) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies) in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.
Advice about your legal rights (including statutory remedies) are available from your local Citizens’ Advice Bureau or Trading Standards office.
12. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13. Other important terms.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms of Sale are governed by the laws of England and Wales. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14. Complaints Procedure
In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us. Please call us on 01773 602764 between 9am and 5.30pm GMT Monday to Friday (excluding bank holidays) or put your complaint in writing and send it to us by post to Luke Evans Bakery, Greenhill Lane, Riddings, Derbyshire, DE55 4AS or by email to firstname.lastname@example.org.
We aim to provide an initial response to a complaint by email within 24 hours from receipt or the next working day (excluding public holidays). This may change during busy periods.