Telephone Terms of Sale

Telephone Terms of Sale

Version: 9^th November 2020

These are our telephone terms and conditions of sale (“Terms of Sale”) that give you important information about the legal terms and conditions on which we sell our goods (“Products”) to you over the telephone.

1. Information about us

We are Luke Evans Bakery, registered in England and Wales as Luke Evans Bakery Ltd under company number 007672560 and our registered office is at 81 Burton Rd, Derby DE1 1TJ, England. Our main trading address is Luke Evans Bakery, Greenhill Lane, Riddings, Derbyshire, DE55 4AS. Our VAT number is 464558405.

2. About these Terms of Sale

These Terms of Sale (together with our Privacy and Cookies Policy regarding personal information provided by you, which may be accessed via our website www.Luke Evans Bakery.co.uk (“Website”) will apply to any contract between us for the sale of Products to you (“Contract”).

By placing an order for Products you agree to be bound by these Terms of Sale. Please read these Terms of Sale carefully and make sure that you understand them before ordering any Products from us. If you do not agree with these Terms of Sale, you must not place an order for Products over the telephone.

Before placing an order, if you have any queries relating to these Terms of Sale, please email our customer services team at admin@lukeevans.co.uk or call 01773 602764.

We may change these Terms of Sale from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer. Changes will only apply to any subsequent orders you make over the telephone. Every time you wish to order Products, please check these Terms of Sale to ensure you understand the terms which will apply at that time.

These Terms of Sale, and any Contract between us, is only in the English language.

In our dealings with you, unless you advise us otherwise, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering into binding contracts.

Your attention is drawn in particular to the sections concerning our liability to you (paragraph 11) and the legal right to cancel an order (paragraphs 7 and 8).

3. Product information

We have made every effort to describe and display as accurately as possible the Products that appear on our Website and in our catalogues and emails. However, your Products may vary slightly from those images, especially those Products which are handcrafted.

Prices, offers and Products are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation (as referred to in steps 7 and 8 of paragraph 5 below).

The placing of a product on our website and/or in any of our catalogues is an invitation to accept offers for products, it is not an offer to sell at the listed price nor is it binding on us. Your offer to buy products is only accepted when you receive a dispatch confirmation from us (as referred to at step 8 of paragraph 5 below).

4. How to place an order by telephone

1. Identify the Product you would like to purchase and call us on 01773 602764.
2. Before you enter into a legally binding contract with us, you must ensure that you have read, and agree with, these Terms of Sale, because when you contract with us you are signifying your agreement with these Terms of Sale. If you do not agree with these Terms of Sale, you must not enter into a contract with us.
3. Our Customer Services team will take you through the purchasing process over the telephone. This will include taking some personal information about you and/or any gift recipient for whom you are buying Products (e.g. name, address, telephone number, email address). All personal information that you disclose to us will be used strictly in accordance with our Privacy and Cookies Policy, which is published on our Website, or available in a hard copy on request.
4. If you are a new customer, our Customer Services team will offer you the option to receive marketing mailings from us, either by email, by post, or by email and post. If you do not want to receive such mailings please tell our Customer Services team that this is the case. If you are an existing customer and you wish to change, or cancel, your current marketing mailing preferences, you can let us know when placing your order for Products or you can call us 01773 602764 9am and 5.30pm Monday to Friday (excluding public holidays), or email us on admin@lukeevans.co.uk.
5. You will be provided with details of all relevant minimum orders before you place your order. This information is also set out below and on our Website.
6. Once you have provided us with all of the information we need to order the Product(s), you will be asked to provide your credit or debit card details, including the name on the card you will be using, the type of card and the long number shown on the card, the date of expiry and the card verification code (CVC) number.
7. Your order is an offer to purchase Products from us. Acceptance of an order placed by you over the telephone and the completion of the Contract between you and us will take place when you receive the Dispatch Confirmation from us (as referred to below).
8. If you have provided us with an email address:
   1. Once you have placed your order for Products with us, we will send you an order confirmation to confirm that your order is complete (“Order Confirmation”). This will include your order number.
   1. We will send you a further email when your order has been dispatched which will state the delivery method you have selected, along with a tracking number if you chose the Named Day or Saturday delivery service (“Dispatch Confirmation”). Once your Products have been dispatched, we will not be able to make any changes to the delivery address provided. When we send you the Dispatch Confirmation a legally binding contract is formed.
9. If for any reason, having taken your order over the telephone, we cannot provide you with a Product on your order, you will be contacted by telephone or email and a refund will be issued for the Product that is not available.
10. If a Product you have ordered is listed at an incorrect price due to an error on our part, we will notify you of the error and, if we have overcharged you, we will refund you for the overcharged amount so that you pay only the correct price of the Product (and the delivery charge if the order only contained that item). If we have undercharged you and we become aware of this before we send you your Dispatch Confirmation, we will notify you of the correct price of the Product and give you the opportunity to either proceed with your order at the correct price, or cancel your order for the Product. If you opt to cancel your order, we will provide you with a full refund. If you opt to proceed with your order, we will charge you the outstanding balance of the price for the Product.

5. Delivery

UK Deliveries

Deliveries are completed by our own Luke Evans delivery drivers and the days of the week will vary due to general and seasonal demand. For delivery days please see the Deliveries.

Deliveries

If our couriers deliver your product(s) in accordance with your instructions (whether to a ‘safe’ place, or to a neighbour, or otherwise) neither we nor they will be liable for any loss or theft of, or damage to, the item following such delivery and any such instructions are given entirely at your own risk.

Incomplete or Inaccurate Addresses: We will attempt delivery to an address and postcode as you enter it and cannot accept liability for late or failed delivery due to an incorrect address. If you are unsure of an address or postcode please check it using the postcode finder or call our Customer Service Team for assistance.

If you have any other queries about your delivery, please call us on 01773 602764.

6. Payment

The price of the Product(s) are as set out on the Website and in our catalogue. We will confirm the price payable by you for the selected Product(s) over the telephone before we ask you for payment. If you provide us with an email address, your Order Confirmation will confirm the price payable by you for the selected Product(s).

We accept MasterCard, Visa Credit, Visa Debit and Visa Electron.

Your card will be charged when you place your order.

Acceptance by us of any payment made by you in connection with any products does not constitute our acceptance of your order and a legally binding contract is not formed until you receive our confirmation email and we will not be obliged to supply products to you until then.

Payment card validation

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the checkout stage and there is nothing we can do to override this.

In processing your order, we may use your information for the purposes of the prevention and detection of fraud and we may disclose your address and postcode details as part of our fraud prevention checks. At all times where we disclose your information it will remain secure.

7. Your legal right to cancel without reason

Subject to paragraph 8 of these Terms of Sale (below), you have a legal right to cancel your Contract with us within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which the purchased Products come into your physical possession, or a third party other than the carrier and indicated by you acquires physical possession of the purchased Products.

To exercise the right to cancel, you must inform us of your decision to cancel your Contract by making a clear statement (e.g. letter, email or on the telephone) to us that you wish to cancel your Contract, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.

Order cancellations can be made to us by email at admin@lukeevans.co.uk or by 01773 602764. If you are emailing us, please quote your order number so as to help us identify your order.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

You must send back the purchased Products to us at Luke Evans Bakery, Greenhill Lane, Riddings, Derbyshire, DE55 4AS without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of this Contract to us. The deadline is met if you send back the purchased Products to us before the period of 14 days has expired.

You will have to bear the direct cost of returning the Products to us

Effects of cancellation

If you cancel this Contract, any money you have paid, will be reimbursed to you.

We may make a deduction from the reimbursement for loss in value of any purchased Products supplied, if the loss is the result of unnecessary handling by you.

You are only liable for any diminished value of the purchased Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the purchased Products you have received.

We will make the reimbursement without undue delay, and not later than:

• 14 days after the day we receive back from you any purchased products supplied; or
• if there were no purchased Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.

If after this time you haven’t received your refund, please contact us.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless (at our absolute discretion) we have expressly agreed otherwise with you, and in any event, you will not incur any fees as a result of the reimbursement.

Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Dispatch Confirmation.

8. Circumstances excluding your legal right to cancel without reason

Notwithstanding paragraph 7 of these Terms of Sale, your legal right to cancel your Contract with us within 14 days of receiving the Product(s) does not apply in the case of any Product ordered by you that is:

• made to your specifications or personalised (for example wedding or celebration cakes); or
• sealed for health protection or hygiene purposes, once it has been unsealed after you receive it; or
• food items which have an expiry date of up to 14 days after the date of despatch.

If you have made a prepayment in relation to wedding or celebration cakes, whether we refund such prepayment is entirely at our discretion and we will be under no obligation to do so.

9. Faulty or mis-described Products

In addition to your legal right to cancel without reason, as set out in paragraph 7 above, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us.

If we have made a mistake, or you receive Products that are faulty, damaged or unfit for purpose, please return them to us by post following the returns procedure set out in Schedule 3.

Upon receipt, the Products will be examined by Luke Evans Bakery to determine any fault. If the Product is found to be incorrect, defective or damaged, we will refund the price of the Product, the delivery charges you have paid to receive that Product (unless the faulty or mis-described Product was sent to you with other items which you are not returning) and any reasonable costs you incur in returning the item(s) to us.

10. Refunds

Refunds will be made in accordance with either paragraph 7 or paragraph 9 above, depending on the reason why you are returning the Product(s).

All refunds will be made using the original payment method. Please note that it can take between 5 and 7 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.

11. Our liability to you

If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

We do not in any way exclude or limit our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• any breach of the terms implied under implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
• defective Products under the Consumer Protection Act 1987; and
• as of 1 October 2015 any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015.

As a consumer, you will always have legal rights (including statutory remedies) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies) 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 (including statutory remedies) are available from your local Citizens’ Advice Bureau or Trading Standards office.

13. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• we will contact you as soon as reasonably possible to notify you; and
• our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14. Other important terms.

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale.

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale 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.

These Terms of Sale are governed by the laws of England and Wales. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

15. Complaints Procedure

In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us. Please call us 01773 602764 between 9am am and 5.30pm GMT Monday to Friday (excluding bank holidays) or put your complaint in writing and send it to us by post to Luke Evans Bakery Greenhill lane, Riddings, Derbyshire, DE55 4AS, or by email to admin@lukeevans.co.uk.

We aim to provide an initial response to a complaint by email within 24 hours from receipt or the next working day (excluding public holidays). This may change during busy periods.