Terms & Conditions

Welcome to www.simmonsbakers.com. By using this website you accept and agree to be bound by these Online Shopping Terms and Conditions, the Privacy Policy and such other policies as we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these Online Shopping Terms and Conditions affects your statutory rights, either as a consumer or otherwise.

These Online Shopping Terms and conditions apply to all orders which you, the customer, place using our website www.simmonsbakers.com, which is operated by Simmons (Bakers) Ltd.

Your Account

If you are registered as an account customer for buffet orders, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You accept responsibility for all activities that occur under your account or password, so please take all necessary precautions to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.

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.

Age Restrictions

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.

Content & Intellectual Property Rights

The products and content on www.simmonsbakers.com is 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. www.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 buffets, traybake, Gateaux, Fruit Pies and Tarts

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 a buffet in line with the availability of ingredients.

Prices

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 at any point.

Payment

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.

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. For details of the security measures we employ please read our Privacy Statement. 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.

Cancellations

If you wish to cancel your order, please contact us as soon as possible. For online buffet orders we can accept a cancellation up to 4pm the day before delivery. For all other orders we can accept a cancellation up until the point of dispatch. If your order has already been dispatched you may return the items to us in accordance with our Returns Policy (below).

As soon as we receive 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). This only applies if the order is cancelled prior to 4pm the day before delivery for buffets and prior to dispatch for all other orders.

Delivery

All buffets are delivered between 11-12am on the requested day of delivery.

All click and collect orders are delivered using our own delivery drivers (Monday – Saturday).

With regards to Buffets or Traybake orders, delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you.

With regards to Click & Collect orders, delivery occurs when the items are received by you in your selected shop.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays, traffic or force majeure for which we will not be responsible.

Click & Collect – Returns & Refunds

If for any reason the products you receive are not as you expect, please notify our office within 3 days (01707 263 232) and return the product to the shop from which you collected it. Once we have received the product and confirmed that a refund is due, we will issue a refund.

Returns

Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage.

Losses

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 On-Line 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

We reserve the right at any time to make changes to this Website, these Online Shopping Terms and Conditions, Privacy Policy and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order items from the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.

Waiver

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.

Customer Support

For sales assistance please contact our Order Department:

Tel: Monday to Friday from 9.00am to 5.00pm & Saturday from 9.00am to 12.00pm (GMT); 01707 263 232

Email: office@simmonsbakers.com

Returned Items

Simmons Bakers, 2 The Parade, St.Albans Road East, Hatfield, herts, AL10 0EY

Updated: 22nd November 2016