TERMS AND CONDITIONS FOR SUPPLY OF BREAD MAKING CLASSES – LIVE, RECORDED OR FOR PRIVATE GROUPS – AND THE BAKEHOUSE CLUB MEMBERSHIP BY THE EPSOM BAKEHOUSE LTD.

1. Introduction

www.theepsombakehouse.co.uk (“site”) is owned and operated by The
Epsom Bakehouse Ltd (“we”, “our”, “us”), 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.

2. Service

2.1 The Epsom Bakehouse Ltd is a company supplying live and recorded online classes, a monthly membership group, private group classes, recipes, resources and other content related to learning to bake great bread at home.

2.2 Please read these terms and conditions
carefully before placing an order. By purchasing and using services on
this site, including all materials presented herein and all online services provided by The Epsom Bakehouse Ltd, 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.

3. Changes to terms

3.1 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.

3.2 Please check these terms and conditions
periodically for changes.

3.3 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.

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

4. Privacy policy and Acceptable use policy

4.1 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/.

5. Age restriction

5.1  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. Children under the age of 18 are prohibited from using the site.

5.2 Information provided on the site and in the service related to online bread making classes and other information is subject to change. We make no guarantee that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. The Epsom Bakehouse Ltd dislaims all liability for any inaccuracy, error, or incompleteness in the content.

6. Acceptance of order

6.1
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 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.

6.2
If
there is any conflict between these Terms and any term of the order, the order
will take priority.

7. Entire Agreement

7.1 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.

8. Representations

8.1               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.

8.2
You
shall not have any claim for innocent or negligent misrepresentation against us
based on any statement in this Contract.

8.3
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.

9. Provision of Services

9.1
We
will supply the services to you from the date set out in the order for the period set out in the order.

9.2 We retain the right to refuse access to the service or any materials to any person or entity and will not be obliged to give reason for this refusal.

9.3 We may at any time change or remove any part of the site or services provided, subject to fulfilling any previous responsibilities to you based on acceptance of your order and payment.

9.4 We will provide you with information by contacting you via email or by posting on the site or services. You agree that our communication will be via electronic means and that all such communications, contracts and notices we send electronically comply with any legal requirement to communicate with you in writing.

9.5 You agree that your access to the service may at times be affected bt the performance of third party software that we use to provide the service. We hold no liability in any circumstances should the service or any materials either provided by us or uploaded by you to the service are unavailable at any time, become corrupted, are deleted or fail to store. See clause 13 below for our responsibilities when an Event Outside Our Control happens.

9.6 In order to use the service, you will be required to provide information about yourself including your name, email address, address, username and password, and payment details. You agree that any information you give to The Epsom Bakehouse Ltd will always be accurrate, correct, and up to date. You agree that you will not impersonate someone else or provide account information or an email address other than your own. The Epsom Bakehouse Ltd 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 9.6, 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.

9.7 Access granted to any services is for the lifetime duration of the service, or until you cancel your subscription payments for The Bakehouse Club membership and your subscription period ends. If The Epsom Bakehouse Ltd ceases to trade, access to the services will cease.

9.8 You agree to use the site and services, including the membership Facebook group or other community forum, for legitimate, non-commercial purposes only. You shall not post or transmit through the site any material which violates or infringes the rights of others, or which is abusive, libellous, invasive of privacy, obscene, profane, threatening, or otherwise objectionable, contains injurious recipes or which encourages criminal behavious, give rise to civil liability, or otherwise violate any law.

9.9 You agree that access to any community forum in whatever form as part of the site and service is a privilege. We reserve the right to remove access to any community forum without notice and at our discretion in the case of unavailability of the service, threatening or rude behaviour or other misconduct.

9.10                We may have to suspend the services if we have to deal with technical problems, or to make improvements to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices we have already sent you.

9.11
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.

9.12
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.

 

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 cancel your monthly, quarterly or annual subscription to The Bakehouse club at any time by giving us written notice via email or by selecting to cancel via your account area within the membership site. However, due to the nature of the service, you will not be entitled to any refund of subscription payments already made.

10.3 On cancellation you will lose access to the service, including all content and membership communities, once your current subscription period ends.

10.4 You are responsible for cancelling your subscription should you no longer require services in enough time that you are not charged further.

10.5 Before we begin to provide the live online class services, you have the following rights to cancel:

a) Subject to clauses 10.6 and 10.7 below, you may cancel any order for live online class 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 10.5(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 live online class places and digital products such as online class recordings, 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 let you know 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.

d) you may amend the date of your live online class place and switch to an alternative live online class date up to 14 full days prior to the date of the class. You may change to an alternative date of a class of the same value of your original booked place. If you wish to change to a class at a higher value than your original class place, you will need to make payment of the difference in full before the switch is made. 

10.6 If you change your mind after purchase of any of the digital products and services offered through The Epsom Bakehouse ltd, you are not entitled to a refund. Digital products are not covered by the cooling off period required by UK consumer law.

10.7 If we have completed providing the Services, including but not limited to live online classes or digital products supplied not on a tangible medium, before the end of the cancellation period set out in clause 10.5, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.

10.8 In the unlikely event that you are not happy with the product or service, we will consider all cases on an individual basis:

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 solve the problem within 14 working days.

10.9 We may have to cancel an order before the start date for the live online class services due to the unavailability of key personnel or key materials without which we cannot provide the services or products. If this happens:

a) you will be notified as soon as is reasonably possible;

b) if you have made any payment in advance for live online class services that cannot be provided to you, you will be offered alternative class dates or a refund of these amounts to you.

10.10 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. 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.

 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 Starling 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 aged under 18 are joining you to take part in our Service, including live online classes, it is your responsbility to ensure that they are supervised by a responsible adult at all times during the call and when following the baking instructions. It is your responsibility to take care whilst following instructions in any of our Services to ensure your safety in your kitchen.

12.2 The Epsom Bakehouse Ltd cannot accept liability for anything other participants may say or do whilst participating in a live call.

12.3 We shall not be liable for any loss of anticipated savings, loss or corruption of data or information, loss or depletion of goodwill, or any direct, indirect, special, consequential, punitive or any other losses, damages or expenses arising from your use of the services or site.

12.4 Our cumulative liability to you in all circumstances shall not exceed the total price paid by you for accesssing live online classes or our other services in the 12 months prior to the date of the claim.

12.5 We wil not be liable for any additional costs you incur as a result of changes to (i) The BAkehouse club, (ii) all other services provided, (iii) the dates, times and location of planned liave classes or (iv) the instructors leading the classes.

12.6 Services and products supplied by us are for non-commercial purposes only. You shall not sue 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.

12.7 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

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.

13.6
If
Circumstances Beyond Our Control occur and continue for more than 60 days and you do not wish us to provide the services,
you may cancel the contract in accordance with clause 10. We may cancel the
contract if the Circumstances Beyond Our Control continues for more than 60 days 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 Ltd 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. Intellectual property

15.1 Our intellectual property. We retain the intellectual property rights to all materials we provide to you as part of the service. The Epsom Bakehouse Ltd’s copyrighted material is provided to you as part of the service and is for your individual non-commercial use only. No license to sell or distribute is implied or granted.

15.2 You may not at any time copy, share, sell, reproduce, publish in any form or otherwise make available to a third party any of the materials provided to you as part of the service.

15.3 You may not make any audio or visual recordings of any of the materials provided to you without our prior written consent.

15.4 You may not use any of our logos without prior written consent.

15.5 You are not permitted to sell or promote products or services to other members of The Bakehouse club or other users of services provided by The Epsom BAkehouse Ltd at any time without our prior written consent.

15.6 Materials you submit to the site or service. You warrant that you have the right to use and distribute any materials posted, uploaded or otherwise submited to the site or services.

15.7 You shall not post, upload or otherwise make available on the site or service any materials protected by copyright, trademark or other proprietary right. You will be liable for any damages arising from infringement of copyright, trademark or other proprietary rights resulting from such a submission.

15.8 You grant The Epsom Bakehouse Ltd worldwide, non-exclusive, irrevocable rights to use any materials you submit to the site or service for marketing, promotional or other business activity.

15.9 Your intellectual property rights. You retain the copyright and any other rights you may lawfully hold to any materials you submit to the site or service. You agree to hold The Epsom Bakehouse Ltd harmless from and against any claims, liabilities or expenses arising from any copyrioght or trademark infringement action against you.

15.10 We may make audio visual recordings of the services being delivered with you in attendance. You agree that we may use and distribute you image and any audio recorded in any such recordings for provision of the service, promotional and marketing use and business development without compensation to you or the need for further consent.

15.11 We reserve the right to terminate the contract between us and you and remove your access to the site and service with immediate effect without refund if you violate these intellectual property terms.

15.12 The terms of paragraph 15 will outlast any termination of the contract.

16. Miscellaneous

16.1
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 by email.

16.2
You
cannot transfer your rights and obligations under these Terms to any another
person without our written approval.

16.3
This
contract is only between you and us. No other third person shall have any
rights to enforce any terms.

16.4
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.

16.5
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.

16.6
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.

17. Contact us

17.1
For
any questions or queries you can e-mail us at info@theepsombakehouse.co.uk.