ORDERING TERMS
Please read these terms carefully before ordering.
Orders will only be accepted by us using our online Order Request Form. No other methods of ordering should be used, and will not be considered as valid or binding.
By completing our online Order Request Form, you are enquiring as to the availability of our current Treat Box. Treat Boxes are strictly limited in number.
Completing an online Order Request Form does not guarantee your order, or confirm our ability to fulfil your order.
You retain the right to cancel your order at any time by writing before payment is made. Cancellation of an order may only be made in writing to us at redkitebakery@gmail.com. The price of our products/delivery is subject to change.
Your order shall only be considered as accepted by us on receipt of full payment as requested through our accepted payment methods, and on our issue to you of an Order Confirmation Email/Message. Order Requests which have been made/received by us, but remain unpaid after our Order Book closes, will not be fulfilled. The date and time of the Order Book closing will be communicated to you via the information on the Order Request Form and with our Treat Box Menu on our website.
Once the Order Confirmation has been issued, we cannot process any refund for your payment or make any modifications to your order, as our kitchen has begun baking your order.
We are not able to alter/customise/modify our Treat Boxes in any way at the customers request. We cannot guarantee the presence/absence of any known allergen, as bakes are prepared in a kitchen which handles all know allergens. Customers are responsible for notifying us using the Order Request Form of any know allergies or intolerances. Please contact us for more detailed information.
Treat Box contents are subject to availability. We reserve the right the alter the Treat Box contents at our discretion. We will always make any substitutions as like for like (e.g. a Scone to replace a Scone) Customers will be notified before delivery of any changes made by us to the Treat Box contents.
Although every attempt will be made to accurately represent our bakes/ingredients/flavours/portion sizes on our website, we are not liable for these not matching customer expectation. Bakes/ingredients/flavours/portion sizes are subject to reasonable change by us at any time without notification to the customer.
All Treat Box prices include delivery within our specified delivery area, which can be found on our website. Order Requests received for delivery outside of our delivery area may still be charged by us, as the customer retains the liability to check that we can offer delivery to their chosen delivery address. If you are unsure if we can deliver to your desired location, please contact us.
By ordering with us, you are agreeing to accept delivery to your specified delivery address at the date and time published alongside the Treat Box Menu on our website, and listed on the Order Request Form. We cannot provide delivery for your purchased Treat Box outside of these times.
We will provide you with a one hour delivery slot in your Order Confirmation Email/Message. If this is not suitable, please inform us at least 24 hours before the delivery is scheduled so that we can attempt to rearrange for you. Although every attempt will be made to adhere to the designated delivery slot, circumstances outside of our control may result in us not being able to make the delivery to you within the given time slot. We will contact you to discuss rearrangement of the delivery should this be the case.
Delivery addresses cannot be altered after our Order Book closes, exact times and dates will be communicated through Order Confirmation Email/Messages.
We are not liable for any errors to your delivery/billing/payment details as entered by the customer using our Order systems, please be sure you have entered the correct details and contact us was soon as possible should there be any errors.
Accessibility to the specified delivery address should be reasonable and safe for our delivery staff. Should our staff be unable to access the delivery address for any reason, we will attempt to contact you on the details provided to inform you that delivery cannot take place as requested.
You will still be charged for the Treat Box and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to): incorrect delivery address; inaccessible delivery address; any animal prohibiting delivery address access; you do not come to the door; you did not pick up the phone when the delivery driver contacted you using the contact information you have provided to us and/or you picked up the phone but then failed to provide access within a reasonable amount of time.
We will not make a delivery to person under 18 years of age at the delivery address specified on the Order Confirmation. Orders cannot be left in any safe places/porches/neighbours/etc.
Customers must inspect the contents of the order immediately upon receipt to confirm that the order is as requested and has been delivered undamaged. Our delivery drivers may take photo evidence that the delivery has been completed successfully to the designated address without any damage, and the customer must allow the driver to do this in accordance with our delivery Terms.
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
Gift Voucher Terms & Conditions
Vouchers are valid for a period of 12 months from the date of issue and cannot be redeemed after the expiry date.
Only one gift voucher can be used per order. Promotional codes cannot be used in conjunction with gift vouchers.
Vouchers can be redeemed via online or email orders. Redemption contact details are provided on the voucher.
Vouchers are non-refundable other than within the 14 day cancellation period as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
No change or credit given in the event that the voucher value exceeds the total cost of the order – for example where a £100 voucher is used to purchase a £95 order.
Vouchers can be used for part or full payment of an order. If the order cost exceeds the amount of the gift voucher, the balance must be paid in full at the point of purchase
Vouchers are non-transferable and cannot be exchanged for cash. Lost, stolen or destroyed gift vouchers will not be exchanged or refunded. Vouchers are not legal tender.
We reserve the right to cancel a gift voucher if we deem such action necessary. If so, we may either provide a replacement gift voucher of equivalent value unless we suspect fraud in relation to a gift voucher. The gift voucher remains our property.
WEBSITE TERMS OF SERVICE
OVERVIEW
This website is operated by Red Kite Bakery. Throughout the site, the terms “we”, “us” and “our” refer to Red Kite Bakery. Red Kite Bakery offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your please of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Bakes are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES
Certain Bakes or Services may be available exclusively online through the website. These Bakes or Services may have limited quantities.
We have made every effort to display as accurately as possible the images/descriptions/ingredients of our Bakes that appear. We cannot guarantee that your computer monitor's display of any Bakes will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Bakes or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Bakes or Services that we offer. We reserve the right to discontinue any product at any time. Any offer for any Bake or service made on this site is void where prohibited.
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Bakes you have been delivered do not comply with these legal rights, please let us know.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You agree to promptly update your information held by us, including your email address and payment details, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, bakes, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party bakes should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy available on our website.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to bake descriptions, pricing, promotions, offers, bake shipping/delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all bakes and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Red Kite Bakery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any bakes procured using the service, or for any other claim related in any way to your use of the service or any bake, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or bake) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Red Kite Bakery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERANCE
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at redkitebakery@gmail.com.
Our contact information is posted below:
RED KITE BAKERY
Fairfield Link, Sherburn in Elmet, LS25 6LT
We process your personal data in accordance with our Privacy Policy which can be found on our website.