Terms & Conditions
Terms and Conditions
IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE ORDERING ANY PRODUCTS FROM OUR WEBSITE WWW.RENSHAWBAKING.COM (THE “WEBSITE”)
PLEASE NOTE, BEFORE PLACING AN ORDER YOU WILL BE ASKED TO AGREE TO THE TERMS. BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THE TERMS YOU AGREE TO THE TERMS WHICH WILL APPLY TO ANY CONTRACT BETWEEN US FOR THE SALE OF ANY PRODUCTS FROM OUR WEBSITE. FURTHER, YOU WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER (OR YOU HAVE ACCEPTED THE TERMS WITH THE KNOWLEDGE AND CONSENT OF A RESPONSIBLE PARENT OR GUARDIAN); (ii) ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS; AND (iii) HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.
IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST NOT CLICK THE ACCEPTANCE BUTTON AND YOU MAY NOT PURCHASE ANY PRODUCTS FROM OUR WEBSITE.
- Introduction and use of our Website
- 1.1 The Terms set out the terms on which you access our online shop in order to purchase any of the products (“Products”) listed on our website.
- 1.4 It is important that you read the Terms carefully. You should print out a copy of the Terms for your future reference.
- 1.5 If you have any questions or queries, or if you would like to request a printed copy of the Terms, please contact us using the contact details set out at clause 16 below.
- 1.6 We may amend the Terms from time to time, as set out in clause 19. Every time you wish to order Products please check the Terms to ensure you understand the terms which will apply at that time.
- 1.7 The Terms, and any Contract between us, are all in the English language.
- Information About Us
- 2.1 We operate the website www.renshawbaking.com. We are RenshawNapier Limited (“Renshaw” or “We”) a company registered in England and Wales under company number 01665672 and with our registered office at 229 Crown Street, Liverpool, L8 7RF.
- 2.2 We may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
- 2.3 To contact us, please visit our “Contact Us” page at www.renshawbaking.com/contact_us.html or use the contact details set out at clause 16.
- Our Products
- 3.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the Products (including colour and size) correctly, we cannot guarantee that these will be displayed accurately on your computer. The Products that you Order may vary slightly from those images. The packaging of the Products may vary from that shown on our website.
- 3.2 All Products shown on our website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order, if made.
- Your Status
- 4.1 By placing an order for Products through our website, you warrant that:
a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old (or have your parent’s or guardian’s consent to place the order);
c) you have the legal right to use any debit or credit card(s) used to purchase the Products; and
- 4.2 If you state on the online registration form (by ticking the relevant box) (see clause 5 below) that you will purchase the Products from our website as a consumer, you confirm that you are purchasing the Products as a consumer and not for business purposes.
- 4.3 If you are not a consumer (i.e., you are ordering Products for business purposes) you warrant that you have the authority to bind any business on whose behalf you use our website to purchase Products.
- 4.1 By placing an order for Products through our website, you warrant that:
- 5.1 Before you purchase any Products from our website, you have the option to register as a user of our website and create an online account with us (“Account”). To create an Account you should follow the instructions on our website.
- 5.2 Your username will be the email address you use to register your account. You must also select a secret password, known only to you.
- 5.3 When creating your Account, you shall be asked to confirm whether you are purchasing the Products as a consumer or a business and if you are purchasing Products as a consumer you will need to tick the relevant box when requested to do so.
- 5.4 Your Account is non-transferable. The Account may only be used by the individual who created it and not by anyone else. We reserve the right to terminate your Account if we have reason to believe that your Account details are being used by anyone other than you.
- 5.5 You shall be liable for all activities that are undertaken using your Account, together with the associated password and you shall compensate us for all and any losses we may suffer as a result of any failure by you to keep your username and password strictly confidential.
- Placing an Order on our Website
- 6.1 Once you have accepted the Terms you can place an order for Products on our website (“Order”). Please check that the details on your Order are complete and accurate before you commit yourself to purchase the Products. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the order process.
- 6.2 If any of the Terms are inconsistent with any term of an Order, the Terms shall prevail.
- 6.3 After placing an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us by you to buy Products. All Orders are subject to acceptance by us and we will confirm such acceptance by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the sale and purchase of the Products (“Contract”) will only be formed when we send you the Dispatch Confirmation.
- 6.4 We shall assign an order number to the Order and inform you of it in the Dispatch Confirmation. Please quote the order number in any subsequent correspondence with us relating to the Order.
- 6.5 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- 6.6 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our website, we will inform you of this by email and we will not process your Order. If you have already paid for the Product, we will refund you the amount paid as soon as possible.
- Your Rights - Consumers THIS CLAUSE 7 APPLIES TO CONSUMERS ONLY
- 7.1 Subject always to clause 7.3, if you are a consumer, you may cancel a Contract (or part of a Contract in relation to specific Products) at any time within seven working days, beginning on the day after you received the Products, provided that the Products are unopened and intact. This means that during that period if you change your mind or for any other reason you decide you do not want to keep the Products you have Ordered, you can let us know of your decision to cancel the Contract (or part of the Contract) and receive a refund. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy (set out in clause 10 below).
- 7.2 To cancel a Contract, you must inform us in writing (this can be by sending an email to the email address, or by post to the address, set out at clause 16). You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- 7.3 You will not have any right to cancel a Contract for the supply of any:
a) customised or personalised Products;
b) perishable Products which are liable to deteriorate quickly,
which you have purchased from us through our website.
- 7.4 As a consumer, you have legal rights in relation to Products which are faulty or not as described and you are entitled to return the Products to us and receive a full refund, in accordance with our Refunds Policy (see clause 10 below).
- 7.5 Your right to cancel a Contract only applies to Contracts made with consumers for their own personal use and does not apply to those customers who Order Products for use in the course of business.
- 7.6 As a consumer, advice about your legal rights is available to you from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in the Terms will affect your legal rights.
- Postage and Packaging
- 8.1 Your Order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation. For more information on deliveries and our estimated delivery times, please see our Postage and Packaging Page at www.renshawbaking.com/postage_and_packaging.html. We will take reasonable steps to meet the delivery date set out in the Dispatch Confirmation. However, occasionally delivery may be affected by Events Outside of our Control (see clause 17 below) and so cannot be guaranteed. We will endeavour to let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
- 8.2 Delivery will be completed when we deliver the Products to the address you gave us when you made your Order.
- 8.3 It is your responsibility to ensure that the delivery address provided to us by you is correct. If Products are delivered to an incorrect address as a result of incorrect information provided by you, we will not be responsible for this and you will be charged for the cost of redelivery to the correct address.
- 8.4 If you fail to take delivery of an Order on the date set out in the Dispatch Confirmation, a card will be left indicating the next steps to re-arrange delivery. We may charge you additional delivery charges in respect of additional delivery attempts depending on which carrier is used. More details on the carriers we use can be found at www.renshawbaking.com/postage_and_packaging.html.
- 8.5 If we are not able to procure delivery of the whole of the Order at one time due to operational reasons or shortage of stock, we may procure the delivery of the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment delivered by us shall constitute a separate Contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
- 8.6 The Products delivered to you will be your responsibility from the time of delivery.
- 8.7 Ownership of the Products delivered to you will only pass to you when we receive payment in full of all sums due in respect of all Products ordered by you, including delivery charges.
- 8.8 Refer to our Postage and Packaging Page www.renshawbaking.com/postage_and_packaging.html for details on the countries to which we deliver. If you place an Order for delivery to one of the international destinations listed on our Postage and Packaging Page, your Order may be subject to import duties, taxes and other additional charges which are applied when the delivery reaches that destination. Please note that we do not have any control over these charges and we cannot predict the amount. You will be deemed to agree these charges if and when you place an Order for international delivery.
- 8.9 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
- 8.10 If you place an Order for international delivery you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law and you will compensate us for any costs we incur as a result of such.
- Price and Payment
- 9.1 All prices are quoted in pounds sterling.
- 9.2 The price of the Products and the postage and packaging charges will be as quoted on our website from time to time, except in cases of obvious error. The price of a Product does not include postage and packaging charges. To check relevant postage and packaging charges, please refer to our Postage and Packaging Page at www.renshawbaking.com/postage_and_packaging.html.
- 9.3 The prices quoted on our website are inclusive of VAT (where applicable). However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay.
- 9.4 The price and availability of all Products advertised on our website are subject to change, without notice, but changes will not affect Orders in respect of which we have already sent you a Dispatch Confirmation.
- 9.5 Our website contains a variety of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, subject always to clause 9.6, where the correct price of Products is (a) less than our stated price, we will charge the lower amount when dispatching the Products to you; or (b) higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject your Order and notify you that we are rejecting it.
- 9.6 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
- 9.7 Payment for all Products must be by credit or debit card or by any other payment method stipulated on our website. We accept payment with all major credit cards including American Express. We will not charge your credit or debit card until your Order has been confirmed.
- Returns and Refunds - ConsumersTHIS CLAUSE 10 APPLIES TO CONSUMERS ONLY.
- 10.1 If you are a consumer and you wish to return Products to us:
a) having notified us of your cancellation of the Contract (or part of a Contract in relation to specific Products), further to your rights under clauses 7.1 and 7.2 and you have notified us of your cancellation within seven working days, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. We will refund the price of the Products in full, and any applicable delivery charges, provided that you return the unwanted Products to us as soon as possible after you have cancelled the Contract (including the cost of returning any such items);
b) in other circumstances (see clause 7.4) you must notify us (by post, email or telephone) of all the Products which you wish to return to us and we will confirm whether we require you to return the Products and if so, details of how to return the Products. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. We will refund the price of defective Products in full including, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
- 10.2 If you are returning Products to us:
(a) you must return the Products to us as soon as reasonable practicable;
(b) unless the Products are faulty or have been mis-described, you will be responsible for the cost of returning the Products; and
(c) you have a legal obligation to take reasonable care of the Products whilst they are in your possession.
- 10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- 10.4 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described on our website. These legal rights are not affected by the returns policy in this clause 10 or anything else in the Terms. If you require further advice about your legal rights contact your local Citizens’ Advice Bureau or Trading Standards Office.
- 10.1 If you are a consumer and you wish to return Products to us:
- Your Statutory Rights and our Warranty
- 11.1 If you are a consumer, nothing in the Terms affects your legal rights in relation to Products that are faulty or not as described on our website.
- 11.2 The Company warrants that all Products which are food products which are sold on our website comply with the Food Safety Act 1995.
- Availability of Website
We provide no guarantee for the constant and uninterrupted availability of our website. We shall not be liable for any damage or loss whatsoever incurred by you or any third parties using our website.
- Our LiabilityA. THIS CLAUSE 13(A) APPLIES TO CONSUMERS ONLY
- 13.1 If you purchase Products from our website as a consumer, subject to clause 13.6 below, if we fail to comply with the Terms, we are responsible for any losses or damage that you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
- 13.2 If you purchase Products as a consumer, the Products will be supplied for domestic and private use only. You agree not to use the Products for any commercial, business or re-sale purposes and we will not be liable for any loss of income or revenue; loss of business; loss of profits, business interruption or loss of business opportunity in the event that you purchase Products as a consumer.
- 13.3 If you purchase Products from our website as a business customer, subject to clause 13.6 below, we will, under no circumstances whatsoever, be liable to you, whether in tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
- 13.4 Subject to clause 13.3 and 13.6, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the price of the Products.
- 13.5 Except as expressly stated in the Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into the Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- 13.6 Nothing in the Terms excludes or limits our liability for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation;
iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
iv) defective products under the Consumer Protection Act 1987;
v) any deliberate breaches of the terms and conditions that would entitle you to terminate the Contract; or
vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- Intellectual Property Rights
You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of our website and to the business of RenshawNapier Limited.
- Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- Events Outside Our Control
- 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control (“Event Outside of our Control”).
- 17.2 An Event Outside of our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks;
f) the acts, decrees, legislation, regulations or restrictions of any government;
g) pandemic or epidemic; and
h) failure of ISP or telecommunications provider.
- 17.3 Our performance under the Terms is deemed to be suspended for the period that the Event Outside of our Control continues to affect the performance of our obligations under the Terms, and we will have an extension of time for performance for the duration of that period. We will contact you as soon as reasonably possible of the Event Outside of our Control and where the Event Outside of our Control affects our delivery of Products to you we will arrange a new delivery date after the Event Outside of our Control ceases. We will use our reasonable endeavours to bring the Event Outside of our Control to a close or to find a solution by which our obligations under the Terms may be performed despite the Event Outside of our Control.
- Other important Terms
- 18.2 You acknowledge that, by accepting the Terms (and the documents referred to in them), you have not relied on any statement, representation, assurance or warranty of any person (whether a party to the Terms or not) other than as expressly set out in the Terms or those documents.
- 18.3 A person who is not a party to the Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- 18.4 If any of the provisions of the Terms is determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- 18.5 We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under the Terms. You may only transfer your rights or obligations under the Terms to another person if we agree in writing.
- 18.6 If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
- 18.7 We will not file a copy of the Contract between us.
- Our Right to Vary The Terms
- 19.1 We have the right to revise and amend the Terms from time to time.
- 19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or the Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Product).
- Law and Jurisdiction
The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and submitted to the exclusive jurisdiction of the courts of England.