1. Introduction

www.theepsombakehouse.co.uk (“site”) is owned and operated by The
Epsom Bakehouse Ltd, a company registered in England and Wales under company number 13518099 and with my business
address at 123 Harvey Drive, John Wilson Business Park, Whitstable, Kent, CT5 3QY.

Please read these terms and conditions
carefully before placing an order. By purchasing services on
this site, you agree to be bound by these terms and conditions. If you are not
willing to be bound by these terms and conditions please do not purchase services
or products from this site.

2. Changes to terms

We reserve the right, at our
discretion, to modify, add, or remove any or all of these terms and conditions
at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions
periodically for changes.

Your continued use of this site and
purchase of services or products on this site following the posting of changes
to these terms and conditions will mean you accept those changes. Please check
the terms before every purchase.

If the revised terms apply to any
existing provision of services, we will notify you of the changes.

3. Privacy policy and Acceptable use policy

Registration and other information provided
by you is subject to our Privacy Policy and shall only be used in accordance
with it. For more information, please go to our Privacy Policy https://www.theepsombakehouse.co.uk/privacy-and-cookies-policy/.

4. Age restriction

4.1 You shall not purchase any services or products from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

5. Acceptance of order

5.1
These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email info@theepsombakehouse.co.uk or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

5.2
If
there is any conflict between these Terms and any term of the order, the order
will take priority.

6. Entire Agreement

6.1 These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. Representations

7.1                You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2
You
shall not have any claim for innocent or negligent misrepresentation against us
based on any statement in this Contract.

7.3
Except
as expressly stated in these Terms, we do not give any representation,
warranties or undertakings in relation to the services. Any representation,
condition or warranty which might be implied or incorporated into these Terms
by statute, common law or otherwise is excluded to the fullest extent permitted
by law.

8. Provision of Services

8.1
We
will supply the services to you from the date set out in the order for the period set out in the order. Access to recordings or other digital materials purchased is for one year from date of purchase, or until you cease to be a member of The Bakehouse club, whichever is relevant.

8.2
We
will make every effort to complete the services on time. However, there may be
delays due to an Event Outside Our Control. See clause 13 below for our
responsibilities when an Event Outside Our Control happens.

8.3
We
will need certain information from you that is necessary for us to provide the
services, for example, your email address, name, address and payment details. We
will contact you in writing about this. If you do not, after being asked by us,
provide us with this information, or you provide us with incomplete or
incorrect information, we may suspend the services by giving
you written notice. We will not be liable for any delay or non-performance
where you have not provided this information to us after we have asked. If we
suspend the services under this clause 8.3, you do not have to pay for the services
while they are suspended, but this does not affect your obligation to pay any
invoices we have already sent you.

8.4                We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.

8.5
If you
do not pay us for the services when you are supposed to, we may suspend the services
with immediate effect until you have paid us the outstanding amounts (except
where you validly dispute an invoice). We will contact you to tell you this.
This does not affect our right to charge you interest.

8.6
If we
design a product for you or supply a product to you as part of the services
(such as a report, a CD, a DVD, an e-book or any other form of digital content
or any other type of product whatsoever), we will own the copyright, design
right and all other intellectual property rights in such product and any drafts,
drawings or illustrations we make in connection with the product for you.

9. If there is a problem with the services

9.1                In the unlikely event that you are not happy with the services:

a)
please
contact us and tell us as soon as reasonably possible;

b)
please
give us a reasonable opportunity to repair or fix any defect; and

c)
we
will use every effort to repair or fix the defect within 60 days.

9.2
As a
consumer, you have legal rights 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 is available from your local
Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms
will affect these legal rights.

9.3
Before
we begin to provide the services, you have the following rights to cancel our services:

a)            Subject to clause 9.4 below, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by contacting us via email at info@theepsombakehouse.co.uk. We will confirm your cancellation in writing via email to you;

b)           if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;

c)            however, if you cancel an order for services and we have already started providing the services by that time, including but not limited to the purchase of digital products such as online class recordings, online recorded courses and membership of The Bakehouse club, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

9.4           If we have completed providing the services, including but not limited to digital products supplied not on a tangible medium before the end of the cancellation period set out in clause 9.3, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.

10.               Termination

10.1       We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a)            you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b)           you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

10.2       You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.

10.3
We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:

a)
we will promptly contact you to let you know;

b)
if you
have made any payment in advance for services or products that have not been
provided to you, we will refund these amounts to you;

 

11. Price and payment

11.1
Prices
of the services and products are specified on our site and confirmed on the
checkout page. We may change our prices any time, but that will not affect the
prices for confirmed orders.

11.2      Our prices are inclusive of VAT if applicable. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

11.3
Despite
our best efforts, there may be incorrect prices on some of the services or products.
If the correct price is less than a price shown on our site, the lower amount
will be charged. If the correct price is higher than the price specified on our
site, we will inform you of this and ask whether you wish to continue with the
order with the actual higher price. If the error in price is obvious,
unmistakeable and mispricing could have been recognised reasonably by you, we
will not be liable to provide the services or products to you at the lower
price that was incorrect.

11.4
Payment
for services is to be made in advance by credit or debit card or PayPal except
where agreed otherwise in writing between us. We accept payment with
Visa/Delta/Electron, Mastercard/Eurocard, Maestro, American Express, plus debit
cards with Visa or Mastercard logo.

11.5            If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Santander Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12. Limitation of liability

 

12.1

If children are joining you to take part in an online class, please ensure that they are supervised by a responsible adult at all times during the call and when following the baking instructions. Please take care whilst following the class to ensure your safety in your kitchen. I cannot accept liability for anything others may say or do whilst participating in a live call.

12.2
We are
responsible for loss or damage you suffer that is a foreseeable result of our
negligence or our breach of the Terms, but we are not responsible for any loss
or damage that is not foreseeable. Loss or damage is foreseeable if it is an
obvious consequence of our breach or if it was contemplated by you and us at
the time we entered into this contract.

12.3
Services
and products supplied by us are for non-commercial purposes only. You shall not
use the services or products for any business or re-sale, commercial purpose.
We are not liable to you for any loss of business, loss of profit, loss of
business opportunity, or business interruption.

12.4
Exceptions
to Limitation of Liability

Our
liability does not exclude or limit in any way:

(a)
fraud
or fraudulent misrepresentation;

(b)
death
or personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors;

(c)
defective
products under the Consumer Protection Act 1987;

(d)
breach
of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979
(description, satisfactory quality, fitness for purpose and samples); and

(e)
breach
of the terms implied by section 12 of the Sale of Products Act 1979 (title and
quiet possession).

13. Circumstances beyond our control

13.1
If
there is failure to perform, or delay in performance of any of our obligations
under these Terms due to Circumstances Beyond Our Control, we will not be
liable for such failure.

13.2
Circumstances
Beyond Our Control include any act or event beyond our reasonable control,
including without limitation lock-outs, strikes, or other industrial action by
third parties, riots, civil commotion, terrorist attack or threat of terrorist
attack, invasion, war (whether declared or not) or threat or preparation for
war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other
natural disaster, or failure of private or public telecommunications networks.

13.3
If any
Circumstances Beyond Our Control affects the performance of our obligations
under these Terms:

13.4
you
will be notified as soon as reasonably possible; and

13.5
the
time for performance of our obligations will be extended and our obligations
under these Terms will be suspended for the duration of the Circumstances
Beyond Our Control. If the delivery date for any products ordered is affected
by the Circumstances Beyond Our Control, we will reschedule the delivery date
with you after the Circumstances Beyond Our Control are over.

13.6
If
Circumstances Beyond Our Control occur and you do not wish us to provide the services,
you may cancel the contract in accordance with clause 9. We may cancel the
contract if the Circumstances Beyond Our Control continues for more than [4] weeks in accordance with our cancellation
rights.

14. Notice

14.1
Any
notice to us should be in writing and sent to us by email to The Epsom Bakehouse at info@theepsombakehouse.co.uk.

14.2
Any
notice to you will be in writing by e-mail, by hand, or by pre-paid post to the
address you provided us with on the Order.

15. Miscellaneous

15.1
We may
assign our rights and obligations under these Terms to any another person. If
there is any such assignment of rights and obligation, we will inform you in
writing or by email.

15.2
You
cannot transfer your rights and obligations under these Terms to any another
person without our written approval.

15.3
This
contract is only between you and us. No other third person shall have any
rights to enforce any terms.

15.4
Each
paragraph of these Terms are separate and distinct form other. If any court or
relevant authority determines any of paragraphs of these Terms is unlawful,
then such determination will not affect other paragraphs and all other
remaining paragraphs will remain in effect and full force.

15.5
Our
failure to insist that you perform any of your obligations under these Terms,
or to enforce our rights against you, or delay in doing so, does not mean that our
rights against you have been waived and does not mean that you need not comply
with those obligations. Any waiver by us of your default will be only in
writing, and it does not mean that we will waive any of your future defaults.

15.6
English
law governs these Terms and contract between you and us. English courts will
have jurisdiction on any dispute that may arise out of this Terms or contract
between you and us. 

16. Contact us

16.1
For
any questions or queries you can e-mail us at info@theepsombakehouse.co.uk.