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Terms and Conditions of Sale – Shop Items

Shop Items – Terms and Conditions of Sale

  1. Introduction
    1. The Bake Off Box: Terms and Conditions of Sale – Shop Items (“Terms”) govern the sale of goods (including baking equipment, accessories and one off purchases of Bake Off Boxes (subject to availability)) through our online shop (“Shop Items”) via The Bake Off Box website (bakeoffbox.co.uk) (“Website”).
    2. Please read all of these Terms carefully before placing your order for Shop Items. By placing your order, you confirm that you have read these Terms and agree to be bound by them. 
    3. You should save a copy of these Terms for future reference.
    4. Subscriptions to monthly Bake Off Boxes are subject to different terms and conditions which are available by clicking this link here.
  2. Changes to our Terms
    1. We may change these Terms at any time by posting a new version on our Website.
    2. Changes to these Terms will not apply retrospectively; if you and we have already entered into a Contract (as defined in the “Order Process” section below), the Terms of that Contract will not change. Changes to these Terms will apply to any further orders you place after the date the new Terms including the change are posted on our Website.
    3. If you choose to place further orders for Shop Items through the Website, you should check that you have read the latest version of these Terms before placing your order as you will be agreeing to be bound by them.
  3. Our details

    In these Terms “we”, “us” or “our” refers to The Great Product Exchange Ltd.  Our company details are as follows:

    • Registered in England and Wales
    • Company Registration Number: 09189901
    • Registered Office Address: Unit 1 & 2 Kingsley Farm, Kingsley Road, Harrogate, North Yorkshire, HG1 4RF
    • VAT number: GB 196504190
  4. Your personal details

    We will only use your personal details and any personal information you submit to us (“Personal Data”) in accordance with our privacy policy (“Privacy Policy”), which you can access by clicking this link: here.  We recommend you read our Privacy Policy as it contains important information about how we handle your Personal Data and when we may contact you.

  5. Your status
    1. Shop Items are only intended for use by consumers; that means that you can only buy Shop Items through our Website for your personal use and not for any business purposes. We do not sell to businesses through this Website.
    2. Due to the nature of some of the Shop Items, we do not sell to anyone under the age of 18.
    3. By placing an order with us, you are confirming to us that:
      1. you (and the intended recipient, where applicable) are a consumer and are not purchasing Shop Items for any business-related purpose; and
      2. you are at least 18 years old;

      We reserve the right to reject or cancel your order if we reasonably think that you do not meet any of the above requirements (although we may attempt to contact you beforehand). 

    4. If you are buying Shop Items for someone else and those Shop Items are to be delivered to their address, you confirm that you have their consent to share their personal details with us and for us to deliver those Shop Items directly to them.
  6. Description of Shop Items
    1. Each Shop Item is sold subject to its product description which may set out additional conditions specific to that Shop Item including, without limitation, any product warranty or guarantee.
    2. We take all reasonable steps to ensure that all details, descriptions and prices for Shop Items appearing on the Website are correct.
    3. Images of Shop Items are included for illustrative purposes only as the representation of Shop Items (including colour and finish) is dependent on factors outside our control such as your computer, tablet or mobile device screen or settings.
    4. All Shop Items shown on our Website are subject to availability.
  7. Order Process
    1. You will be guided through the order process by a series of simple instructions on the Website.
    2. When ordering, you will need to provide us with certain personal details including your name, address, email address and telephone number in order that the purchased Shop Items can be delivered. If you are buying Shop Items for someone else and want those Shop Items to be delivered to them directly to their own address, you will need to provide us with the personal details of the person for whom you are buying the Shop Items.  Please take the time to check that the information you provide us with is correct and complete.  We cannot be responsible for any delays or failure to deliver any Shop Items because of inaccurate or incomplete information.
    3. Your order summary will set out all the details of your order. Please take the time to check that all the details of your order (including quantities and delivery address) are correct before you place your order. Place your order by clicking "Place my order" at the end of the checkout process.
    4. If we accept your order, we will send you an email confirmation. A legally binding contract will not be formed between you and us until we send our email confirmation. The contract between you and us is made on these Terms (“Contract”).
    5. We may refuse or cancel your order (in whole or in relation to particular Shop Items) for any reason before we dispatch the Shop Items including, without limitation, unavailability of Shop Items, our inability to obtain authorisation for your payment, you not meeting the eligibility criteria in these Terms or problems with our Website. If we have taken payment prior to our refusal or cancellation of your order, we will refund the price you paid to us for the Shop Items (and any delivery charge if we refuse or cancel the whole of your order) using your original payment method; it can take up to 14 days for the refund to reach your account.
    6. We recommend that you keep a record of your order number. If you contact us about your order, we will ask you for your order number and order details so that we can find and track it on our system.
  8. Prices and payment
    1. The price of each Shop Item is the price displayed on our Website at the time you place your order. All prices include VAT at the applicable current rate. 
    2. From time to time we may offer discounts and special offers. Discounts and special offers are subject to availability.  Each discount or special offer will be subject to its own additional conditions which will be on our website or, if applicable, in the email that we send to you notifying you of the discount or special offer.  You must comply with those additional conditions to be eligible to receive the discount or special offer (e.g. how to claim, when it can be used, how many times it can be used, when it expires etc.).
    3. Delivery charges may apply for delivery of Shop Items, our delivery charges are as quoted on our Website from time to time and will be shown in your order summary before you place your order.
    4. The total amount you will pay for your Shop Items, taking into account any delivery charges, discounts or special offers, will be shown in your order summary before you place your order.
    5. Payment must be made by credit or debit card. We accept all major credit and debit cards (including Visa, MasterCard and Amex) and wallets (including Apple Pay and Google Pay).  Payment is taken in full at the time you place your order.
  9. Delivery
    1. We only deliver to addresses within the United Kingdom.
    2. Any delivery dates provided are estimates only. We cannot guarantee the exact date that you will receive your Shop Items. We will notify you, via email, of dispatch of your Shop Items.  Our email will include the tracking information provided by our courier, Royal Mail, which will enable you to track delivery of your Shop Items through their online tracking system. Neither our email nor the tracking information can be taken as a guarantee that your delivery will arrive on a specific date.  You can find further information about delivery on Royal Mail’s website at https://personal.help.royalmail.com/app/home.
    3. We will deliver to the address you provided to us at the time you place your order.
    4. If you are unavailable to take delivery of your Shop Items, you can provide our courier, Royal Mail, with a nominated “safe place” to leave the parcel (you will be able to do this when Royal Mail provide you with the tracking number for the delivery of your Shop Items). If they are unable to deliver to your “safe place”, they will attempt to leave it with a neighbour or deliver to your local delivery office. A calling card will be left informing you of your parcel’s location (if you need to collect your parcel, instructions for collection will be on the calling card). Your delivery instructions are given at your risk and neither we nor our courier will be responsible for any loss or damage caused by following your instructions.
    5. If delivery of any of your Shop Items is delayed by an event outside our control (for example, bad weather, strikes, fuel shortages, road blockages, power failure, epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction etc) and there is likely to be significant delay in delivery, then we will contact you, by email, as soon as possible to let you know. We shall have no liability, nor shall we be deemed to be in breach of contract for any delay or failure in performance (in whole or in part), which results from an event outside our control.   When we contact you to let you know that there is likely to be a significant delay in delivery, we will give you the option to end the Contract.  If you choose to end the Contract, we will refund the price you paid for any Shop Items not delivered (and any delivery charge if no Shop Items have been delivered) using your original payment method; it can take up to 14 days for the refund to reach your account.
  10. Cancellation, returns and refunds
      1. If you change your mind about any Shop Items, you can return them (subject to the exception detailed below). Your right to return Shop Items is in accordance with your legal right to change your mind and cancel the Contract (cancelling the Contract means that you need to return all Shop Items in your order (again, subject to the exception detailed below at Clause 10.4).
      2. To exercise your right to change your mind you must comply with the following conditions:
        1. you have 14 days to let us know that you have changed your mind, by completing the Cancellation and Returns Form on our Website here. This 14 day period runs from the day on which you receive your Shop Item(s). If you have ordered a number of Shop Items, we may send them in separate parcels, if we do, the 14 day period will run from the day that you have received all your Shop Items (i.e. 14 days from the day that the last of your Shop Items arrives);
        2. you have a further 14 days to return the Shop Item(s) to us (our address to return Shop Items to us is The Great British Exchange, Unit 1 & 2, Kingsley Farm, Kingsley Road, Harrogate, HG1 4RF). This 14 day period runs from the day you complete the Cancellation and Returns Form (“Return Period”);
        3. all Shop Items (including any product packaging or labels) must be returned to us unused and in the same condition as they were sent to you; you are responsible for ensuring that the Shop Items are adequately packaged to reach us in the same condition and within the Return Period; and
        4. you will need to arrange return delivery to us and must pay all postage/courier charges. Please keep your proof of postage receipt or tracking code until you have received your refund.
      3. If you meet all the above conditions as set out in Clause 10.2, we will process a full refund for the price you paid to us for the Shop Items, within 14 days of the day on which we receive your returned Shop Items. We will refund you using the original payment method.  If any Shop Items are not returned in the same condition as they were sent to you, but you meet all the other conditions above, we will reduce your refund by a reasonable amount to reflect any reduction in the value of those Shop Items.

    Exceptions

    1. We do not accept cancellations or returns of Bake Off Boxes due to the perishable nature of the ingredients in each Bake Off Box. Perishable goods are one of the exceptions to your usual consumer right to change your mind for any reason and return goods to us (commonly referred to as your “cooling off period”).  If there are any problems with the items in your Bake Off Box, see the “Damaged, Faulty or Missing Items” section below. 
  11. Damaged, Faulty or Missing Items
    1. If, on delivery, any Shop Items arrive damaged, faulty or missing, we will offer you a replacement or refund in accordance with the remainder of this section.
    2. For faulty or damaged items, we will require photographic evidence of the fault or damage. Contact our Customer Service Team within 30 days of receipt of the Shop Item(s) (unless your Shop Item is a one-off Bake Off Box in which case, you will need to contact our Customer Service Team within 5 days of receipt of the Bake Off Box) in the first instance and they will instruct you on how to proceed (which may include returning the faulty or damaged Shop Item to us).
    3. If we ask you to return the faulty or damaged Shop Item to us, we will reimburse any reasonable costs you incur in returning the faulty or damaged Shop Item to us (proof of your payment of any such costs will be required).
    4. If you choose a replacement Shop Item, we will deliver the replacement Shop Item free of charge (if your damaged, faulty or missing item is an item in a Bake Off Box we will replace the damaged, faulty or missing item free of charge).
    5. If you choose a refund of the price you paid for the Shop Item, the refund will be made using the original payment method:
      1. if we ask you to return the faulty or damaged Shop Item to us, within 14 days of our receipt of the returned faulty or damaged Shop Item; or
      2. otherwise, within 14 days of our offering a refund.
    6. You will not be eligible for a replacement or a refund if the defect in the Shop Item arises from any misuse or incorrect use by you, including, but not limited to, incorrect storage of the Shop Item, mishandling or use of the Shop Item in any way other than as recommended.
  12. Our liability to you
    1. If we fail to comply with these Terms, we shall only be liable to you up to the price you paid for the Shop Item(s) giving rise to your claim. We are only responsible for any loss or damage that you suffer that is a foreseeable result of our failure to comply with these Terms or our negligence. We are not responsible for any loss or damage that you suffer that is not a foreseeable result of our failure to comply with these Terms. 
    2. Nothing in these Terms excludes or limits our liability for:
      1. death or personal injury caused by our negligence or the negligence of our employees acting in the course of their employment;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (broadly, the terms implied are that we have the right to sell the Shop Items to you);
      4. breach of terms implied by sections 13 and 14 of the Sale of Goods Act 1979 (broadly, the terms implied are that the Shop Items will meet their description, be of satisfactory quality and fit for purpose);
      5. defective products under the Consumer Protection Act 1987; or
      6. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
    3. We only supply Shop Items to consumers for personal use. If you use Shop Items for any commercial, business or resale purposes, we will not be liable to you for any commercial or business losses such as loss of profit, loss of business, business interruption or loss of business opportunity.
    4. None of these terms restrict any of your statutory rights as a consumer. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizens Advice Bureau.
  13. Other terms
    1. The Contract is binding on you and us and on our respective successors and assignees.
    2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
    3. Failure or delay in exercising any right under these Terms shall not prevent the later exercise of that or any other right.
    4. The Contract between you and us is governed by English law. If you need to enforce your rights under the Contract against us, you can bring proceedings in your local court wherever you are resident within the United Kingdom.
    5. If there is a dispute between you and us, we would hope to be able to resolve any such dispute with you ourselves (any disputes should be raised with our Customer Service Team). If you and we are not able to resolve the dispute then you may wish to attempt to resolve the dispute through alternative dispute resolution (alternative dispute resolution is a process where an independent body considers the facts to a dispute and seeks to resolve the dispute between the parties without them going to court).

 

© The Great Product Exchange Ltd. 2021

Effective Date: February 2021