These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Bird Brain Bakery of 152 London Road, Hazel Grove SK7 4DJ. 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 hello@birdbrainbakery
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Bird Brain Bakery. 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.
4. 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 described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
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. 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 computer equipment as a result of using this website.
6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8. Price
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where 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 email. We will offer to sell you the goods of the specification and description at the price stated in the email. And will state in the email the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. 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 for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery
10.1 Our delivery charges are set out in our website.
10.2 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 delivered in accordance with your delivery instructions.
We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order.
If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
10.3 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.
10.4 We are unable to provide proof of delivery notifications from our delivery partners orders as this is not a signed for service, tracking is available however.
10.5 Although our team will always try our best to ensure punctual delivery for our customers. Bird Brain Bakery cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the courier or postal service that we use, or anything else outside of Bird Brain Bakery.
We cannot be held responsible for deliveries left outside, to wrong addresses that were given to us or for non-deliveries because of insufficient address details.
11. Cancellation rights
11.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of goods mentioned in 11.3 below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
11.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
11.3 You cannot cancel your contract if the goods you have ordered are;
11.3.1 made to your specifications or are clearly personalised.
11.3.1 liable to deteriorate or expire rapidly. (as in perishable items, i.e. food)
11.3.1 newspapers or magazines.
11.4 We take every precaution to make sure our goods are of excellent quality and reach you in good condition. Should there be any issues with your goods, please contact us explaining the issue, as soon as possible at: hello@birdbrainbakery
11.5 We will respond to your email without delay and resolve your complaint as soon as possible. We may ask you for photographs so we can assess your complaint.
11.6 We will immediately notify you on the status of your refund after inspecting the item.
11.7 If your return is approved, we will initiate a refund to your credit card (or original method of payment).
11.8 Refunds are actioned without undue delay and within a maximum of 14 days of us receiving the item back. You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
11.9 We will refund all payments received from you, including the costs of delivery.
12. Cancellation by us
12.1 We reserve the right not to process your order if:
12.1.1 We have insufficient stock to deliver the goods you have ordered;
12.1.2 We do not deliver to your area; or
12.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 If we do not process your order for the above reasons, we will notify you by e-mail. We will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
13. If there is a problem with the goods
13.1 If you have any questions or complaints about the goods please contact us. You can do so at hello@birdbrainbakery
13.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
14. Liability
14.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them. And decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
14.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions. This includes anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
14.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
14.5 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. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
15. Notices
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 at 152 London Road, Hazel Grove, SK7 4DJ and all notices from us to you will be displayed on our website from time to time.
16. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
17. 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.
18. Invalidity
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.
19. How we may use your personal information
We will only use your personal information as set out in our privacy policy below.
20. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
21. Other important terms
Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can find out more regarding ADR through the Citizens Advice Website and if you’re not satisfied with the outcome you can still go to court.
PRIVACY STATEMENT
We, Bird Brain Bakery are committed to respecting and 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 1998 (‘the Act’)
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 site you will need to register and 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:
- To register you with our website and to administer it.
- For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
- In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
- If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
What are your rights over your personal data?
You are receiving relevant communications from us because you have previously consented to receiving communications from us. Or you have engaged with us or shown interest in receiving updates about our products, services and job vacancies by providing such personal data to us.
The data protection laws allow us to treat your previous engagement as amounting to a “soft opt-in.”
You have the right to ask us to stop sending you communications at any time if you wish, as described below.
Under the data protection laws you have the right:
- To request a copy of the personal data we hold about you, free of charge in most cases.
- To ask us to correct your personal data when incorrect, out of date or incomplete.
- To ask us to stop using your personal data for direct marketing (either through specific channels, or all channels) or any other consent-based processing of your information.
- To ask that we delete your information if we do not have a good cause to retain it.
- To otherwise object to the way in which we use your information.
If you wish to exercise any of these rights, or if you have any questions about our use of your information, please contact us
Cookies
We collect information directly from you in a number of ways, one way is through our use of ‘cookies’.
Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website.
They help us to understand how our customers and potential customers use our website. Then we can develop and improve the design, layout, content and function of the site.
What are they
Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you.
This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.
We may sometimes share your personal data with selected, trusted third parties. They are contractually bound to use your personal data that we share with them with the sole purpose of performing the services we have engaged them to provide.
The third parties we use are;
Google Analytics
We use a web analytics service called Google Analytics to help us identify how our customers use our website, what they like and to see where improvements can be made.
Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties if they are required to do so by law or if the third-party processes information on Google’s behalf. The information collected is aggregated and anonymised. Google does not associate your IP address with any other data held by Google.
For more information on how Google uses cookies, please refer to their privacy policy.
https://www.google.com/policies/technologies/cookies
Google Maps
Some of our pages include interactive maps provided by Google. Google may set cookies to store information and preferences about maps or other associated Google services on pages where we embed Google maps.
For more information on how Google uses cookies, please refer to their privacy policy.
https://www.google.com/policies/technologies/cookies
Disable Cookies
The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser.
You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer.
You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work.
This is because some of the cookies we use are essential for parts of our website to operate.
Likewise, you may not be able to use some products and services on other websites without cookies.
Find out More
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site.
Alternatively, you may opt out of receiving information from us by e-mail or post or by clicking unsubscribe.
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.
Your rights
You have the right to ask us not to process your personal data for marketing purposes.
We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose.
You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
General
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.