Terms and Conditions of Purchase

Acceptance of Terms and Conditions

The website https://www.birdiescoffeecakes.co.uk/ ("the website") is owned and operated by Birdies Coffee & Cakes Ltd, trading as 'Coffee & Cakes'.

References to "we", "us", or "our" are references to Birdies Coffee & Cakes Ltd. We are a company registered in England and Wales (company number 10945968), our VAT number will be advised in due course when registered.

Our registered office and address for correspondence is:

Birdies Coffee & Cakes Ltd

1a First Ave, Ashton-on-Ribble, Preston, Lancs, PR2 1JQ

Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.

This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 3 April 2024.

In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions.

In addition Terms and Conditions relating to the subscription service website (https://www.birdiescoffeecakes.co.uk/) are, where relevant, incorporated by reference into these Terms and Conditions.

Please also refer to our FAQ’s on the website for further information.

In these terms and conditions:

"we" means Birdies Coffee & Cakes Ltd trading as https://www.birdiescoffeecakes.co.uk/
"you" means our customer or prospective customer
"us", "our" and "your" should be construed accordingly

You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.

You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.

We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.

You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at Sales@birdiescoffeecakes.co.uk.

All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.

"User Material" refers to all information and content that a user submits or enters to the website (including text, files, images, photos, video, sounds and musical or literary works). If you provide us with any feedback, reviews, suggestions, ideas or information (including your User Material) regarding the website or our service ("Feedback"), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.

From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

If you create a link to the website and we want you to remove it, we reserve the right to instruct you to do so.

Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. but accept no responsibly for impact this may have on you.

The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order and payment in accordance with the procedure as set out.

To enter into a contract through this website to purchase products from us, the following steps must be taken:

You must add the products you wish to purchase to your basket.
You will then need to go to your basket and follow the on-screen steps (including providing payment and delivery information) to complete your order.

Our order process allows you to check and amend any errors before submitting your order to us. Orders may be processed as soon as they are received so you may not be able to change or cancel an order once it has been confirmed. We cannot accept responsibility if incorrect details are given.

We will then either send you an order confirmation by email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

Subscriptions should be ordered, managed and cancelled through our website links at https://www.birdiescoffeecakes.co.uk/

We may cancel a contract under our Terms and Conditions of Purchase by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions of Purchase. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions of Purchase, such termination would be immediate and may be without notice.

All products shown on our site are subject to availability. If any product you have ordered is not available, we will contact you to let you know and will refund your payment.

The images of the products on our site are for illustrative purposes only and your products may vary slightly from those images.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

We provide you with information about each product's ingredients and nutritional information where applicable on the following web page https://www.birdiescoffeecakes.co.uk/cakes. The information is provided for each product offered and it is up to you to verify that it is safe for you to purchase and consume the products offered.

This information is also directly accessible by using the QR codes that are included with your delivered product box.

As all of our products are prepared in the same environment, we are unable to guarantee that our products are completely free from any of the ingredients/substances listed above.

Please use the product information available on our website https://www.birdiescoffeecakes.co.uk/to make sure that our products are suitable for you before you place your order.

Our prices are quoted on our website.

Prices for our products are as quoted on our site and may change from time to time, but changes will not affect any order after we have dispatched the products relating to that order.

All amounts stated in these terms and conditions or on our website are stated inclusive of VAT when and where applicable.

Our Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices as part of our order procedures. If a product's correct price is higher than the price stated on our website we may at our discretion reject your order without liability to you and notify you of such rejection. We are under no obligation to supply products to you at an incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a pricing error.

In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you as part of the checkout process and before the order is confirmed.

Except where otherwise stated, discounts, credits and rewards are available only once to any one person.

Except where otherwise stated, discounts, credits and rewards cannot be used in conjunction with any other offers.

You must have internet access and valid payment details to redeem a free or discounted offer.

Only Coffee & Cakes vouchers specifying that they can be used in our Coffee & Cakes shop are valid for use on the https://www.birdiescoffeecakes.co.uk/ website.

We reserve the right to vary the conditions of use or to withdraw vouchers, discounts, credits and rewards at any time.

You must, during the checkout process, pay the prices of the products you order.

Payment is taken for all orders prior to the order being dispatched so please ensure that all details given to us are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details are given and the order sent to an incorrect address.

Our products can only be delivered to addresses within mainland United Kingdom. The exceptions to this are:

We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. We always ship to the exact address details you enter, so make sure to check you've given us the correct information before you place your order. If you're unsure, try the Post Office address finder as we can't accept liability for late or failed deliveries due to an incorrect address.

Your order will usually be sent via Royal Mail's standard small parcel service. Order tracking is not available for this service. Actual delivery times may vary according to :

our stock availability

your delivery address
when you make your selection
circumstances impacting delivery by the postal service.

You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.

We reserve the right to use alternative delivery methods without prior notification.

We will use reasonable endeavours to deliver your products within 10 days following the date of the order confirmation; however, we cannot guarantee delivery by this date.

We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

If your box does not arrive, please let us know on Sales@birdiescoffeecakes.co.uk. Be sure to include your order number from your confirmation email when getting in touch with us.

If you are out when your box is delivered, your postal carrier should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this process has not been followed.

If you have not received your package and have not been left a card to say that the delivery has been attempted, please contact Royal Mail to check whether they have the box. You can find your local delivery office here: https://www.royalmail.com/services-near-you#/

If Royal Mail are not holding the box for you, please contact us on Policies@birdiescoffeecakes.co.uk to report the problem. Be sure to include your order number from your confirmation email when getting in touch.

A reasonable allowance of time will need to be made for any delivery delays before we are able to take action.

We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable

You warrant and represent to us that:

you are legally capable of entering into binding contracts
you have full authority, power and capacity to agree to these terms and conditions
all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading
you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

We warrant to you that:

we have the right to sell the products that you buy
the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions
you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions
the products you buy will correspond to any description published on our website
the products you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law, all other warranties and representations are expressly excluded.

Limitations and Exclusions of liability. Nothing in these terms and conditions will:

limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

The limitations and exclusions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

No breach of any provision of a contract under these Terms and Conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of a contract under these Terms and Conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party except where a third party acts on our behalf at our request and with our express written consent.

The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any third party.

These Terms and Conditions, together with the other documents included within our website https://www.birdiescoffeecakes.co.uk/ shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

These Terms and Conditions shall be governed by and construed in accordance with English law. Any disputes relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

We will not file a copy of these Terms and Conditions specifically in relation to each user or customer. We recommend that you consider saving a copy of these Terms and Conditions for future reference.

These Terms and Conditions are available in the English language only.

If you have any questions or concerns about our terms & conditions, or about any part of our service we are always happy to help.

You can email us at Policies@birdiescoffeecakes.co.uk

or write to us at:

Birdies Coffee & Cakes Ltd

1a First Ave, Ashton-on-Ribble, Preston, Lancs, PR2 1JQ

If you have been in touch and are unhappy with our final resolution, you can refer your complaint to an Alternative Dispute Resolution ("ADR") provider. Although we have no obligation to use an ADR provider, you can call the UK ADR Helpdesk on 03454 04 05 06 for further assistance.