Terms & Conditions
Terms & Conditions of Order
Orders for products supplied through our website are subject to our terms and conditions of order. If you do not wish to be bound by these terms and conditions please do not place an order with us.
We assure you of our discretion and respect your privacy. Your personal details are never used without your consent. At any time you can contact us and ask for personal details to be amended and any communication from us to cease.
Prices are shown on our website may from time to time be promoted, in such cases all prices will be displayed on our website. All prices are subject to change without notice.
Are available for courses, these are valid for 6 months and must be used in that time frame, no extension, refunds, or exchange for money will be given.
Photographs of Products
No reproduction of photos is allowed unless permission is given by Blackberry Cottage, credit must be given to us at all times.
All photographs are representative, all our products are handmade and therefore decorations and finish will vary.
Dietary and Ingredient Advice
If you are unsure any ingredients are suitable for a specific diet please contact us for advice.
Please note that although nuts may not be listed, all items are made in a kitchen that uses nuts.
Please note that although products may be gluten free, all items are made in a kitchen that handles ingredients containing gluten.
Despatching of orders
We bake to order, orders will be despatched the following working day, any orders received on a Friday or Saturday will be baked on a Monday so they will not be sat in the Royal Mail sorting office.
Collection of orders is possible, please contact us for more to arrange a suitable time and date [email protected]
Please note that not all cakes can be posted some are collection only, please make sure you are aware of that when ordering.
Postage & Packaging costs are included in the price of the cakes. We use Royal Mail 1st Clas.
If you do require a next day delivery please contact us to discuss 01635 579730
Relevant packaging is used to ensure safe and secure delivery.
We want you to be very pleased with your purchase. If you are unhappy in any way you should let us know in writing via email to [email protected]
Products damaged on arrival
We will immediately replace any damaged or defective product provided that we are notified in writing at [email protected] within 5 days of your receipt of the goods. If we cannot replace the defective item we will offer an alternative or refund you in full.
BLACKBERRY COTTAGE COURSE / DEMONSTRATION
BOOKING TERMS AND CONDITIONS
1.1 “Agreement” means the agreement of Blackberry Cottage to supply and the Customer to purchase the Services in accordance with these Conditions;
1.2 “Blackberry Cottage” means Kate Saunders trading as Blackberry Cottage, of 4 Stubbles, Ashampstead, Reading, Berkshire, RG8 8RP;
1.3 “Booking Form” means the booking form confirming the Services to be purchased and the Fee payable, signed by Blackberry Cottage and the Customer (and to which these Conditions are attached);
1.4 “Business Day” means any day with is not a Saturday, Sunday or public or bank holiday in England;
1.5 “Conditions” means the terms and conditions of business hereinafter contained;
1.6 “Customer” means the individual, business or company who signs the Booking Form to receive the Services;
1.7 “Fee” means the fee set out in the Booking Form payable by the Customer to Blackberry Cottage for the Services;
1.8 “Services” means the training course or demonstration agreed to be purchased by the Customer from Blackberry Cottage as detailed in the Booking Form;
1.9 “Relevant Date” means the later of the date the Booking Form is submitted by the Customer and the date that receipt of booking is confirmed by Blackberry Cottage by e-mail.
- CONDITIONS OF SALE
2.1 These Conditions shall apply to all contracts for the supply of the Services by Blackberry Cottage to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
- PRICE AND PAYMENT
3.1 In consideration of the provision of the Services, the Customer shall pay Blackberry Cottage the Fee in accordance with these Conditions.
3.2 Payment may be made by way of a Blackberry Cottage Gift Voucher provided that the Customer supplies a valid Blackberry Cottage Gift Voucher code and that the Blackberry Cottage Gift Voucher has not expired prior to the Relevant Date.
3.3 Invoices and joining instructions will be issued to the Customer no more than 3 months in advance of the course commencement date.
3.4 The Fee shall be payable within 30 days of the invoice date or by the last Business Day immediately prior to the course commencement date, whichever is sooner.
3.5 All monies overdue for payment shall bear interest calculated on a daily basis at 5% above the base lending rate of HSBC plc from time to time in force from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Blackberry Cottage reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time (the “Act”) and it is agreed that this condition constitutes a substantial remedy for the purposes of Section 9(1) of the Act.
3.6 Fees may be subject to change.
4.1 The Customer shall be deemed to have accepted the Services by signing the Booking Form.
4.2 Save as otherwise permitted under these Conditions, after acceptance the Customer shall not be entitled to reject the Services.
4.3 Delegate names may be changed by the Customer at any point prior to course commencement.
4.4 This agreement is legally binding on the Customer and the Customer hereby undertakes and warrants that it has the full right, power and authority to enter into these Conditions in accordance with its terms.
- TERM AND TERMINATION
5.1 These Conditions shall commence with effect from the Relevant Date and shall continue until Blackberry Cottage has delivered the Services and has received all outstanding monies from the Customer in respect of any Fees due in accordance with the Agreement and these Conditions.
5.2 Subject to these Conditions, the Customer is liable to pay the Fees and entitled to receive the Services once the Booking Form has been signed by the Customer and received back by Blackberry Cottage.
5.3 Without prejudice to the foregoing provision, either party may terminate the Agreement forthwith at any time by notice in writing in the event that the Customer shall:
5.3.1 fail to pay any sum due to Blackberry Cottage under this Agreement on the due date; or
5.3.2 commit a material breach of any of the terms of this Agreement and in the case of a breach capable of remedy shall have failed to remedy the same within 14 days of notice in writing served upon them by Blackberry Cottage specifying in reasonable detail the breach complained of and requiring the remedy; or
5.3.3 become insolvent or have a receiver or manager appointed or make a composition with its creditors or enter into liquidation or be made the subject of a winding up or administrative order or the subject of a reconstruction or amalgamation; or
5.3.4 suffer any distress or execution of legal process to be levied upon or threatened against its assets; or cease or threaten to cease to carry on its business.
5.5 For the avoidance of doubt it is agreed that payments made in advance will not be repayable by Blackberry Cottage to the Customer under any circumstances in the event of termination of the Agreement.
5.6 Where Blackberry Cottage has agreed to provide the Services at the Customer’s premises or premises hired by or on behalf of the Customer, the Customer confirms that it will provide public liability insurance cover with a reputable insurer at its own expense for Blackberry Cottage representatives during the period of the contract and whilst the trainers are on the Customer’s premises.
5.7 Where Blackberry Cottage has agreed to provide the Services at the Customer’s premises or premises hired by or on behalf of the Customer, the Customer shall ensure that suitable facilities are available for the trainer to use as requested by Blackberry Cottage.
- CANCELLATION TERMS
6.1 The Customer is required to give Blackberry Cottage notice if it wants to cancel all or part of the Services. The following cancellation charges shall be payable by the Customer to Blackberry Cottage in relation to that part of the Services to be cancelled where the Customer gives notice of cancellation of the Services within the timeframes given below:
22 days or more before commencement of the Services – No cancellation fee;
15-21 days before commencement of the Services – 50% of the Fees due;
8-14 days before commencement of the Services – 75% of the Fees due; or
0-7 days before commencement of the Services – 100% of the Fees due.
6.2 Blackberry Cottage reserves the right to vary programmes, speakers, venues and course content or otherwise cancel the Services where necessary and without prior notice.
6.3 Blackberry Cottage reserves the right to refuse delivery of the Services to any of the Customer’s delegates in the event that any Fees owing by the Customer to Blackberry Cottage remain outstanding including those payable with respect to previous Services rendered by Blackberry Cottage to the Customer.
- EXCLUSION OF LIABILITY
7.1 To the extent permitted by law, neither Blackberry Cottage nor its trainers shall be liable to the Customer whether in contract, tort (including breach of statutory duty or negligence) or otherwise for any loss or special indirect or consequential loss of any nature whatsoever arising directly or indirectly out of the supply of the Services by Blackberry Cottage or occasioned to any person acting omitting to act or refraining from acting in reliance upon the content or presentation of the Services or any error or defect therein or out of the performance, non-performance or delayed performance by Blackberry Cottage of the Services. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, loss of revenues or anticipated savings, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses.
7.2 For the avoidance of doubt, Blackberry Cottage does not exclude or limit its liability for death or personal injury caused by its negligence.
7.3 Except as set out in clause 7.2 above, in no circumstances shall Blackberry Cottage be liable to the Customer for any loss or damage in excess of the course fees paid by the customer to Blackberry Cottage.
- CONFIDENTIALITY AND DATA PROTECTION
8.1 Blackberry Cottage shall only process personal data (as defined by the Data Protection Act 1998) supplied on the Booking Form for the purposes of providing the Services and exercising its rights under these Conditions.
8.2 Both Blackberry Cottage and the Customer shall each keep confidential each other’s information and documents and shall not without the prior consent in writing of the other disclose them to any third party unless required to do so by law or competent authority.
9.1 The Services and any materials supplied during the course of the Services contain information confidential to Blackberry Cottage and/or its trainers. Copyright in the materials (including recipes) is owned by Blackberry Cottage and/or its trainers and the materials should not be copied or disclosed to any other person without the express authorisation of Blackberry Cottage.
- GENERAL PROVISIONS
10.1 Blackberry Cottage reserves the right to alter the conditions from time to time. It is recommended that the Customer re-reads these Conditions each time that it signs a Booking Form to ensure that it is aware of any changes that have been made to these Conditions.
10.2 Force Majeure – Blackberry Cottage shall not be liable for any failure to fulfil its obligations caused by circumstances beyond its reasonable control, provided that it has made reasonable efforts to fulfil its obligations under the Agreement.
10.3 Any notice required or authorised to be given under the Agreement shall be sufficiently served if delivered or posted by first class recorded delivery post to the registered office of the relevant party and shall be deemed to have been served on the date of delivery or three working days after the date of posting whichever shall first occur.
10.4 Blackberry Cottage reserves the right from time to time and on more than one occasion to waive any of the obligations imposed by the Agreement on the Customer. No waiver by Blackberry Cottage of any breach of any of these Conditions shall constitute a waiver by Blackberry Cottage of any prior concurrent or subsequent breach of the same or any other condition.
10.5 The Customer shall not assign or otherwise transfer all or any of its rights, interests or obligations under the Agreement without the prior written consent of Blackberry Cottage.
10.6 The Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.
10.7 Termination of the Agreement shall be without prejudice to all rights and remedies which either party may have against the other hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to continue in force on or after such termination.
10.8 The headings to these Conditions do not form part of the Conditions and shall not affect the interpretation.