TERMS & CONDITIONS
These Online Shopping Terms and conditions apply to all orders which you, the customer, place using our website delivery.simmonsbakers.com, which is operated by Simmons (Bakers) Ltd.
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we do cancel an order, it will be without charge to you.
PRIVACY AND COMMUNICATIONS
When you place an order, we collect certain personal and transactional information (e.g. name, address, email address and phone number). We do not store or view credit / debit card data. All credit / debit card data is handled securely by our payment gateway provider who is certified as a PCI Service Provider Level 1 – the most stringent level of certification available.
To fulfil our obligations to you under these Online Shopping Terms and Conditions we communicate with you by email and by posting notices on the Website. You agree to receive communications from us electronically and that this electronic communications will satisfy any legal requirement for communications in writing.
None of your personal and transactional details are shared with third parties.
THE CONTRACT BETWEEN US
When you place an order to purchase items using our Website this is an offer by you to us to purchase such items. By ordering you are providing details which are true, accurate, current and complete and that the credit or debit card details are correct and your own.
We will confirm receipt of your order by sending you an email summarising the details of your order; this is the point at which we accept your order and the contract is formed.
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this website only with the involvement of a parent or guardian.
COLOURS, SPECIFICATIONS, DIMENSIONS AND DESCRIPTIONS OF PRODUCTS
We have made every effort to display the colours, specifications, dimensions and descriptions of items on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor. We cannot guarantee that your monitor’s display of any colour will always reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications, descriptions and quantities of items displayed on our Website without prior notice.
We reserve the right to refuse an order if we deem the personalised message(s) to be inappropriate. If this is the case, we will contact you by email to discuss further.
All messages on personalised cakes are hand-written. We are unable to include emojis or GIFs which will be omitted from the personalisation.
CONTENT & INTELLECTUAL PROPERTY RIGHTS
The products and content on delivery.simmonsbakers.com are protected by national intellectual property. You are only allowed to use content found on this Website as expressly agreed by Simmons (Bakers) Ltd. Any reproduction or redistribution of our content may result in civil and criminal penalties. In addition to these intellectual property rights, the content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. delivery.simmonsbakers.com cannot promise the functions within the site i.e. html, content and functional aspects are error-free.
You should also agree that no joint venture, partnership, employment or agency relationship exists between yourself and Simmons (Bakers) Ltd. You will not express yourself as an employee, agent or representative of Simmons (Bakers) Ltd and we are not liable for any representation, act or omission on your part.
ONLINE ORDERS OF FOOD PRODUCTS
All products sold on the Website are perishable items and items with a rapid expiry date. As a result your statutory right to withdraw purchases within the seven working day ‘cooling-off’ period does not apply.
Props used within the photography of both products sold on the Website are not included within an order.
Simmons (Bakers) Ltd reserves the right to adjust and substitute items within an order in line with the availability of ingredients.
Products are invoiced in GBP sterling at the price prevailing at the time you place your order. Prices displayed on the Website, where applicable, include Value Added Tax which will be charged at the current rate. Whilst we try and ensure all details, descriptions and prices are correct when appearing online, some products might be subject to slight variations. Errors & omissions excluded.
Delivery charges may apply to orders placed on the Website. Please refer to the FAQ section of the Website for detailed delivery information. Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased in our stores or by any other means. We reserve the right to update prices displayed on the Website or in our stores at any point.
You may pay for the items which you order online by supplying your credit/debit card details.
Simmons (Bakers) Ltd operates the highest level of security, meaning your credit/debit card details are not stored by Simmons (Bakers) Ltd. Should we need to issue a refund due to a price change or item being out of stock we will issue a refund via our payment gateway provider. Depending on your bank, you will see the refund show up anywhere between 5-10 business days later.
We regret that we cannot accept cheques or cash as payment online. Gift Vouchers may be used for purchases over their own value, or the unspent value will be lost. Vouchers cannot be used to buy more vouchers. Gift Vouchers cannot be used in conjunction with any other voucher code.
Please note that we cannot guarantee the security of data when communicating with Simmons (Bakers) Ltd via email. Accordingly please do not send us payment information using email. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us with when placing an order.
If you wish to cancel your order, please contact us as soon as possible. We can accept a cancellation up to 2pm the day before delivery.
As soon as we receive the required notice of your cancellation of an order, we will refund the relevant part of the purchase price for that item together with the item’s normal postage charge (if applicable).
Your order will be placed on the doorstep (or in postal lobby of flats) and the driver will step back to wait for your answer. If no one is home to receive, we will leave your order, covered if necessary, on your doorstep. Our driver carries hand sanitiser to use between every drop, amongst other precautions.
All orders are delivered between 7.00am-1.00pm. If your order has been delayed, we will do our utmost to contact you.
If your order is missing, or items are missing/incorrect, we request that you contact us within 24 hours to inform us where a refund or replacement can be organised.
RETURNS, REFUNDS & SHORTAGES
Due to the perishable nature of the product we are selling, we are unable to provide a refund for unwanted goods after 2pm the day before your delivery. Orders before this time may be cancelled and a full refund given.
If you are not happy with your order, please contact us as soon as possible, quoting your order number, name and concern. We can be reached on 01707 263 232. Depending on the nature of your concern, we may require some further details and/or photo evidence of the products in question to help us investigate and improve our service.
Any full/partial refunds will be given within 48 hours of the matter being settled. These will take up to 5 days to clear.
If there are any items in your order that are unavailable, we may make substitutions for similar goods. If there are items missing from your order, please contact us as soon as you discover this and we will refund the missing items.
We will be responsible for any losses you suffer as a direct result of us breaching these Online Shopping Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract for the sale of items by us to you was formed (i.e. at the point we send the Order Confirmation email to you). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our liability to you under these Online Shopping Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Online Shopping Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be responsible to you for any delay or failure to comply with our obligations under these Online Shopping Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
ALTERATIONS TO THIS WEBSITE AND TERMS AND CONDITIONS
If you breach these Online Shopping Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
GOVERNING LAW AND JURISDICTION
These Online Shopping Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
For assistance please contact our friendly team:
Tel: Monday to Friday from 9.00am to 5.00pm & Saturday from 9.00am to 12.00pm (GMT); 01707 263 232