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Terms and Conditions of Sale – Subscription Boxes

  1. Introduction
    1. Welcome to The Bake Off Box - a monthly subscription box which contains a recipe devised by the team behind The Great British Bake Off (and/or related spin-off programmes such as Junior Bake Off or Celebrity Bake Off) (each a “Subscription Box”). The sale of Subscription Boxes, together with The Bake Off Box website (bakeoffbox.co.uk) (the “Website”) is operated by The Great Product Exchange Ltd.  The Bake Off Box Terms and Conditions of Sale (“Terms”) govern the sale of Subscription Boxes via the Website.  We offer various subscription options (rolling “monthly” subscriptions or fixed period “bundle” subscriptions) for Subscription Boxes. Your chosen option will be referred to in these Terms as your “Subscription”. 
    2. Please read all of these Terms carefully before placing your order. 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.
  2. Changes to our Terms
    1. We may change these Terms at any time by posting a new version on our Website.
    2. If you place further orders through this Website, you should check that you have read the latest version of the Terms before placing your order as you will be agreeing to be bound by them.
    3. If you have a “monthly” Subscription, we will send you an email giving you notice of changes to these Terms. Any such changes will take effect from the date we specify in our email; we will give you sufficient notice so that you have a reasonable period of time to cancel your Subscription for future Subscription Boxes prior to the change taking effect and details of what you will need to do to cancel.  If you do not cancel your Subscription, you will be deemed to have accepted the changes to our Terms and they will apply to you from the date we specify in our email and to any Subscription Boxes received after that date.
    4. If you have a “bundle” Subscription, the Terms which apply will be those in place at the time of purchase and the Terms will not change for the period of your “bundle” Subscription but, if you choose to buy a new Subscription when your current “bundle” Subscription expires your new Subscription will be on the Terms shown on our website at that time.
  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. Our Subscription Boxes are only intended for use by consumers; that means that you can only buy Subscription Boxes through our Website for your personal use and not for any business purposes. We do not sell Subscription Boxes to businesses through this Website.
    2. Due to the nature of some of the contents of the Subscription Box and the need for children to be supervised when using the Subscription Box and its contents, we will not sell Subscription Boxes 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 our products for any business-related purpose; and
      2. you are at least 18 years old;

      We reserve the right to cancel or reject 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 a Subscription for someone else and Subscription Boxes 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 Subscription Boxes directly to them. Please note that they will need to be available to take delivery of the Subscription Box each month; please see the “Delivery” section below for further details.
  6. Subscription Boxes – What’s in the Box?
    1. The items in each Subscription Box are carefully selected based on the recipe included in the Subscription Box. To add an element of surprise, we may not reveal all the contents of each monthly Subscription Box (including for example the recipe or the equipment) prior to delivery.  All images on our Website are for illustrative purposes only. 
    2. Each Subscription Box will include a list of ingredients included in the Subscription Box. Please read through the ingredients list carefully to check for any allergens, warnings or special instructions.
    3. In addition to the ingredients included in the Subscription Box, you will need some additional fresh ingredients such as eggs, butter, milk etc. some of which may need to be kept chilled. Wherever possible, we will try to ensure that those extra items are things that you might normally have in your kitchen or which can easily be found in your local shop, supermarket or online.
    4. You are responsible for opening and inspecting the items included in the Subscription Box upon delivery and storing them correctly. You are also responsible for the preparation and cooking/baking of the items in your Subscription Box. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking/baking of the items in the Subscription Box.
    5. The recipe included in each Subscription Box has been tested by a home economist to ensure that it works. The recipe will include all the instructions that we think you are likely to need in order to complete your bake.  However, the outcome of your bake may vary depending on factors outside our control (including, but not limited to, your individual baking ability and the temperature or settings on your oven) and you may in certain circumstances need to make adjustments to take account of those factors.  Unless we have failed to comply with our obligations under these Terms, been negligent or breached any other duty owed by us, we cannot be held responsible for the outcome of your bake. 
    6. In each Subscription Box we will include certain baking equipment or accessories (this may be one or more items) relevant to the bake for that month’s recipe. We will also let you know what other equipment you may need for the bake. 
    7. Each Subscription Box will be clearly marked, on the outside of the Subscription Box, with a “use by” or “best before” date which indicates an overall expiry date for the ingredients in the Subscription Box; this will be the earliest date for all of the ingredients contained in the Subscription Box. In addition, inside each Subscription Box, each of the ingredients will be individually labelled with the applicable “use by” or “best before” date for that specific item.  Whilst we will try to give you as much time as possible to bake the recipe you should check the “use by” or “best before” date on each Subscription Box and each ingredient and make sure that you plan your baking accordingly.
  7. Order Process
    1. When ordering, you will need to provide us with certain personal details including your name, address and telephone number. If you are buying a Subscription for someone else and want their Subscription Boxes 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 Subscription.  Please take the time to check that the information you provide us with is correct and complete.  We cannot be held responsible for any delays or failure to deliver any Subscription Box because of inaccurate or incomplete information.
    2. 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 Subscription option, quantities and delivery address) are correct before you proceed to payment.
    3. Without affecting our right to accept or reject orders as detailed below, orders will need to be placed no later than 23:59 on the 1st day of the month preceding the month of delivery. For example, an order placed at 23:59 on 1st January will be eligible for February’s Subscription Box. An order placed on 2nd January would be only be eligible for March’s Subscription Box.
    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.
    5. We may refuse your order for any reason, including but not limited to, unavailability of items, limited stock, or problems with our Website.
  8. Your account
    1. When you place an order, you will receive an email inviting you to create an account. You can create an account by clicking on the link in the email and following the instructions on the Website.
    2. We recommend that you register for and activate your online account so that you are then able to manage your Subscription and update your details (including changes to your payment details or the delivery address as set out in the relevant sections below).
  9. Prices and payment
    1. The price you pay for your Subscription is the price displayed on our Website at the time you place your order. All prices include VAT at the applicable current rate.  All Subscriptions are inclusive of delivery charges for each Subscription Box.
    2. We may change prices applicable to Subscriptions.
      1. If you have a “monthly” Subscription in place, we will send you an email giving you notice of any changes to our prices. Any such changes will take effect from the date we specify in our email; if you do not accept the changes to our prices, you will be able to cancel your “monthly” Subscription prior to the change taking effect (our notice will include details of how to cancel).  If you do not cancel your “monthly” Subscription, you will be deemed to have accepted the changes to our prices and they will apply to you from the date we specify in our email and to any Subscription Boxes received after that date.
      2. If you have a “bundle” Subscription the price will not change for the period of your “bundle” Subscription but, if you choose to buy a new Subscription when your current “bundle” Subscription expires, your new Subscription will be at the price shown on our website at that time.
    3. 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 required in advance as explained below.
    4. If you choose the “monthly” Subscription option, we will take payment for your first Subscription Box on or about the date we send our email confirmation. All subsequent payments of the rolling monthly charge will be taken on or around the 1st day of the month preceding the month of delivery until you cancel your Subscription (see our “Cancellation, returns and refunds” section below). If you choose a “3 month Bundle”, full payment for all 3 boxes will be taken at the time of purchase. If you choose a “6 month Bundle”, full payment for all 6 boxes will be taken at the time of purchase.
    5. If you have chosen the “monthly” Subscription and your card details or billing address change, you must let us know through your account on our Website. In order to fulfil your next delivery, you must notify us of any changes to your card details or billing address no later than 07:00 on the 1st day of the month preceding the delivery month of the Subscription Box in question. For example - to change details for February’s Box, you must notify us no later than 07:00 on the 1st January in order for that change to take effect.  Changes made after this cut-off may result in payment for the applicable Subscription Box being declined. We will not be held responsible for any failure to deliver as a result of you failing to inform us of any changes to your card details or billing address.
  10. Delivery
    1. We only deliver to addresses within the United Kingdom.
    2. Subscription Boxes will usually be delivered on or around the 8th day of the month. Any delivery dates provided are estimates only. We cannot guarantee the exact date that you will receive your Subscription Box each month.  We will notify you, via email, of dispatch of your Subscription Box.  Our email will include the tracking information provided by our courier, Royal Mail, which will enable you to track delivery of your Subscription Box 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 placed the order. You must let us know of any changes to the delivery address for your Subscription Box through your account on our Website.  You must notify us of any changes to the delivery address no later than 07:00 on the 1st day of the month preceding the delivery month of the Subscription Box in question, otherwise the Subscription Box will be delivered to your previous address. For example - to change details for February’s Box, you must notify us no later than 07:00 on the 1st day of January in order for that change to take effect.  Changes made after this cut-off will result in delivery of your next Subscription Box being made to your original address.
    4. If you are unavailable to take delivery of any Subscription Box, you can provide our courier, Royal Mail, with a nominated “safe place” to leave it. 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 item’s location. 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. If:
      1. it is not possible to follow your delivery instructions; or
      2. you are not available to take delivery and have not provided any delivery instructions

      a calling card will be left with details of how to collect your parcel.

    5. If delivery of a Subscription Box 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 the delivery of your Subscription Box, then we will contact you, by email, as soon as possible to let you know. We shall have no liability, or 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.
  11. Changing your mind/Returns
    1. We do not accept returns of Subscription Boxes due to the perishable nature of the ingredients in each Subscription 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 you wish to cancel your Subscription see the “Cancellation” section below.  If there are any problems with the items in your Subscription Box, see the “Damaged, Faulty or Missing Items” section below. 
  12. Cancellation

    Your right to cancel

      1. If you have chosen the “monthly” Subscription option, you can cancel your Subscription by letting us know through your account on our Website. You will need to let us know no later than 07:00 on the 1st day of the month preceding the delivery month of the Subscription Box you wish to cancel. Any changes made after that cut-off will result in payment for that Subscription Box being taken and delivery attempted. For example, to cancel February’s Subscription Box, you must notify us before 07:00 on the 1st day of January in order for that change to take effect. Cancellations made after this date will result in payment being taken and delivery of February’s Subscription Box.
      2. A “Bundle” Subscription is for a fixed period and cannot be cancelled. Payment for the “Bundle” Subscription is taken in full at the time of purchase and as such, cannot be cancelled.

    Our right to cancel

    1. We reserve the right at our absolute discretion to refuse renewal of your Subscription at any time; we will inform you of our decision but we do not need to give any reason for the decision.
    2. We reserve the right to cancel your Subscription or restrict your service under these Terms at any time, with or without notice, for reasons such as, but not limited to:
      • we are refused authority for payment or if any amount due to us is not paid on time; or
      • we decide, at our discretion, that you are abusing our policy in relation to “faulty” items as detailed below;
      • you fail to comply with any of these Terms and that failure has serious consequences justifying our cancellation; or
      • if we decide for any reason to discontinue the Subscription Box.
  13. Damaged, Faulty or Missing Items
    1. If any items received in the Subscription Box arrive damaged, faulty or missing, we will offer you a replacement or refund in accordance with the remainder of this section.
    2. For faulty/damaged items, we will require photographic evidence of the fault or damage. Contact our Customer Service Team within 5 days of receipt of the Subscription Box in the first instance and they will instruct you on how to proceed (which may include returning the faulty damaged item to us).
    3. If we ask you to return the faulty/damaged item to us, we will reimburse any reasonable costs you incur in returning the faulty or damaged items to us (proof of your payment of any such costs will be required).
    4. If we offer you a replacement item, we will deliver the replacement item free of charge.
    5. If we offer you a refund, the refund will be made using the original payment method:
      1. if we ask you to return the faulty /damaged item to us, within 14 days of receipt of the returned faulty/damaged 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 arises from any misuse or incorrect use by you, including, but not limited to, incorrect storage of the items or use of the items in any way other than as recommended.
  14. 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 Subscription Box giving rise to your claim. We are 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 this agreement 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 Subscription Box 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 Subscription Box will meet its 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 the Subscription Boxes for domestic and personal use. If you use a Subscription Box for any commercial, business for 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. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizens Advice Bureau.
  15. Important information
    1. Please note the following important information before using the contents of the Subscription Box:
      1. Carefully read through the ingredients list included in the Subscription Box to check for any allergens, warnings or special instructions included in relation to the ingredients.
      2. Please make sure you check the Checklist enclosed in the Subscription Box for the fresh ingredients and equipment you will require to complete the recipe.
      3. Always handle, store and prepare raw ingredients (such as eggs) safely and in accordance with current guidelines. https://www.food.gov.uk/food-safety.
      4. Carefully follow any instructions given in relation to the storage and use of ingredients (including “use by” or “best before” dates).
      5. Please seek expert medical advice if you have any concerns regarding allergens or specific ingredients.
      6. Take extra care when handling knives and other sharp implements. Always take precautions when using the oven or other heated equipment.
      7. Children must be supervised at all times when baking.
      8. If you share your bake with others, remember to advise them of any allergens or ingredients which might provoke an adverse reaction (such as nuts, dairy or wheat).
      9. We cannot guarantee how your bake will look or taste, as this may vary depending on a number of factors outside our control (including, but not limited to, your level of skill or the temperature or settings on your oven). You may, in certain circumstances, need to make adjustments to take account of those factors. 
      10. The baking equipment or accessories included in the Subscription Box should only be used for the purpose for which that item of equipment or accessory is intended.
      11. You are responsible for using the Subscription Box and its contents safely and as directed, and for ensuring that others do too. Unless we have failed to comply with our obligations under these Terms, been negligent or breached any other duty owed by us, we cannot be held responsible (i) for your use (or any other persons use) of the Subscription Box or its contents nor (ii) for the consumption of any of its contents.
  16. Other terms
    1. The contract entered into between you and us in accordance with these Terms (the “Contract”) is binding on you and us and on our respective successors and assignees.
    2. You may not transfer or assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    4. 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.
    5. Failure or delay in exercising any right under these Terms shall not prevent the later exercise of that or any other right.
    6. 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.
    7. 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. 2020

Effective Date: 16 November 2020