1. Introduction
1.1 These Terms & Conditions (“Terms”) govern your use of the website https://cakeboleorchard.co.uk/ (the “Website”) and your purchase of products through the Website.
1.2 By placing an order via the Website you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or place an order.
1.3 We are Cakebole Orchard Produce, trading as Cakebole Orchard, of Cakebole House, Chaddesley Corbett, Nr Kidderminster, Worcestershire DY10 4RG (“we”, “us”, “our”).
1.4 We may update these Terms from time to time (see clause 12). Please check back regularly.
2. Products & Availability
2.1 We endeavour to provide accurate descriptions and images of our products (jams, jellies, chutneys, preserves, etc) on the Website.
2.2 All products are subject to availability; we reserve the right to refuse or cancel any order at any time and will notify you if this happens, providing a refund if you have already paid.
2.3 Because many of our products are produced in small batches or are seasonal, supply may vary; we will inform you if a product becomes unavailable after you place your order.
3. Ordering & Contract Formation
3.1 When you place an order through the Website, you are offering to purchase the product(s) in your order subject to these Terms.
3.2 A contract between you and us is formed when we send you an order confirmation email confirming that your order has been accepted (the “Contract”).
3.3 We may reject your order (for example if the product is unavailable, there is an error in the price, or we cannot accept your payment). If we reject your order, we will refund you any payment taken.
4. Price & Payment
4.1 The prices of the products are as set out on the Website and (unless otherwise stated) are inclusive of UK VAT where applicable.
4.2 We reserve the right to change the price of any product at any time, but this will not affect any order for which we have already sent an order confirmation.
4.3 Payment must be made at the time of order via the payment methods offered on the Website.
4.4 You confirm that the credit/debit card or other payment method you use is yours or that you are authorised to use it.
5. Delivery
5.1 We will deliver the products to the address you specify when placing your order.
5.2 Delivery times are estimates only. Whilst we will make all reasonable efforts to meet these times, we shall not be liable for any delay.
5.3 Risk of loss or damage to the goods passes to you when you (or someone you nominate) take physical possession of the goods.
5.4 Title to the goods passes to you only when we have received payment in full for the goods and any other applicable fees.
5.5 If you are not available at the delivery address, you may incur additional charges or the goods may be returned to us; you will be responsible for further delivery charges if we must re-deliver.
6. Returns, Cancellation & Refunds
6.1 You have a right to cancel your order under the UK consumer rights law if the product is faulty or mis-described (see 6.5).
6.2 Because our products are perishable, made in small batches, bespoke and sometimes seasonal, we cannot normally accept cancellation or returns for change of mind once goods have been dispatched.
6.3 If you cancel any order before dispatch we will refund you the price paid (less any reasonable costs we have incurred).
6.4 If you receive a product that is faulty, damaged or incorrectly described, please contact us using the contact details on the Website within 14 days, quoting your order number. We will then investigate and, at our discretion, either replace the goods or refund you.
6.5 Your statutory rights as a consumer are not affected by this clause 6.
7. Quality, Allergens & Shelf-Life
7.1 We take care to ensure good quality in our products. Our descriptions may indicate that fruits and vegetables are home-grown or locally sourced; however we do not certify organic unless explicitly stated.
7.2 It is your responsibility to check that the product is suitable for your use (including any dietary, allergen or preservative concerns). We include ingredient/allergen information on packaging and on the Website; please read them carefully.
7.3 Because our goods are perishable, you should inspect the packaging on delivery, store the goods in accordance with instructions and consume within the recommended “best before” dates.
8. Website Use & Intellectual Property
8.1 The Website and all its content (including text, images, logos, product descriptions) are owned by us or licensed to us and are protected by intellectual property rights.
8.2 You may view, download or print pages from the Website for personal use only. You must not reproduce, distribute, modify, display or otherwise use the content for any commercial purpose without our prior written permission.
8.3 You must not misuse the Website (for example by hacking, uploading harmful code, interfering with the servers or network).
9. Limitation of Liability
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or negligence at the time you placed your order.
9.2 We are not responsible for:
(a) losses that were unforeseeable to both you and us when the Contract was formed;
(b) losses that arise because you failed to follow instructions (for example storage of perishable goods);
(c) business losses (our goods are supplied for domestic and private use only).
9.3 Nothing in these Terms affects your statutory rights as a consumer (for example your rights under the Consumer Rights Act 2015).
10. Data Protection & Privacy
10.1 We will process your personal data in accordance with our Privacy Policy (available on the Website).
10.2 By placing an order you consent to us storing and using your personal data for the purposes of processing your order, delivering your goods, and (if you agree) keeping you informed of special offers and new products.
10.3 We will not share your personal data with third-parties except as necessary for order fulfilment (e.g., delivery companies) or as required by law.
11. Communications
11.1 We may send you service communications (order confirmations, dispatch notifications, etc) by email or other means.
11.2 If you agree, we may send you marketing messages; you can unsubscribe at any time.
2. Changes to Terms
12.1 We may revise these Terms at any time by posting the revised Terms on the Website. The new Terms will apply from the date they are posted.
12.2 Your continued use of the Website after that date (for example placing new orders) constitutes your acceptance of the new Terms.
13. Governing Law & Jurisdiction
13.1 These Terms and any Contract formed under them shall be governed by and construed in accordance with the laws of England and Wales.
13.2 The courts of England and Wales shall have exclusive jurisdiction to adjudicate any dispute arising out of or in connection with the Contract.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Cakebole Orchard Produce
Cakebole House
Chaddesley Corbett
Nr Kidderminster
Worcestershire DY10 4RG
Email: annie@cakeboleorchard.co.uk
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