1. GENERAL

• This website is operated by Bayley & Sage Limited. Throughout the site, the terms “we”, “us” and “our” refer to Bayley & Sage. Bayley & Sage 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.
• These Terms and Conditions apply to all orders/delivery requests placed by you through our website, by contacting our online sales team or in branch. 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 and Conditions’’, ‘’Terms’’). These Terms and Conditions 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 and Conditions carefully before accessing our website and/or placing an order with us. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or purchase any goods from us.
• You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.
• 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.

2. ONLINE STORE TERMS

• By agreeing to these Terms and Conditions, you confirm that you are at least 18 years old. Please do not attempt to use our services if you are under 18. If your order includes intoxicating liquor you will be asked to provide identification either at the point of order or upon delivery.
• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws (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.

3. GOODS/PRODUCTS

• Goods refer to any products or services available to purchase through our website, via email or on the phone, including but not limited to bespoke hampers, gift cards, Christmas orders, platters, and flowers. The description of the goods is set out on our website, in any catalogues, brochures and bugles provided by Bayley & Sage.
• We have made every effort to display our products as accurately as possible but there may be some discrepancies in the size and/or colour of the products you will receive. Due to nature of some of the product we sell, specific weights cannot be guaranteed. Slight variations are inevitable as the products are often cut by hand. We will ensure that this variation never exceeds more or less than 10%. Where applicable, we show the weight price as a guidance only.
• We sell a wide range of products which are produced at numerous different manufacturing sites with the allergens handled varying from one site to another. Due to this for allergen advise for a particular product the product label should always be checked. Products produced at Bayley & Sage’s kitchen in Southwest London are produced in an environment that handles all 14 allergens. Whilst stringent hygiene and food safety measures are in place and every effort is made to reduce the risk of cross contamination it is impossible to guarantee that any of our products will be 100% allergen free and so no allergen free statements are offered.
• We reserve the right to limit the sales of our products to any person or geographic region. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
• In case of special requirements relating to the goods purchased by you, you agree it is your responsibility to ensure any information or specification you provide is accurate.
• Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
• All products are subject to availability.

4. BASIS OF SALE

• You can place your order via our website, by contacting our online sales team or in your local branch. The order process is set up on our website or provided in the email by our sales team. Each step allows you to check the details and amend any errors before submitting your order. Please check your order carefully before submitting, as it is your responsibility to check that you have used the ordering process correctly.
• A contract of sale is formed at the time of receiving an email from us with the confirmation of your order or placing your order in store and receiving your receipt for the purchase. Please check your confirmation email carefully and/or make sure the team in store has accurate information regarding your order. Immediately inform us of any errors. You will receive a confirmation email within two working days after submitting your order. Please contact us on sales@bayley-sage.co.uk if you have not received a confirmation email within two working days of placing your order online.
• Any quotation is valid for a maximum period of one month from its date unless we expressly withdraw it at an earlier time.
• If any products purchased by you are no longer available, we will inform you by email or by phone and offer to substitute the products, make changes to the order, or terminate the contract completely. In case of termination if you have already paid, a full refund will be issued.
• The contract of sale you enter by submitting an order with us shall be under English law, irrespective of where you are.

5. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event 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 at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. PAYMENTS AND PRICES

• All prices for our products and services, as well as delivery charges is set out on the website at the date of placing your order. These prices and charges are subject to change without notice.
• Prices and delivery charges are inclusive of VAT (where applicable) at the rate applicable at the time of the order.
• We use a third-party payment processor(s) to process payments made to us. In connection with the processing of such payments, we do not retain personal or financial information such as credit card numbers. Credit card information is encrypted during transfer over networks.
• You must pay by submitting your credit/debit card details on the checkout page where full or part payment will be taken immediately or on delivery of your ordered items – hampers, gift cards and/or any products available on our website, except for our Christmas orders – see below.
• For Christmas orders, a deposit of £20 will be taken to secure your order. The balance will be taken upon delivery or collection from store. Payment upon delivery will be taken using a portable credit card reader or by us providing you a payment by link. Both methods are encrypted using secure payment technology.
• Payment for bespoke orders placed by you by contacting our sales team at sales@bayley-sage.co.uk will be processed using a payment by link feature. You must submit your credit or debit card details using the secure payment gateway platform.
• Bayley and Sage and Abode Gift Cards cannot be used as a payment method online.
• It is possible some of the products or services on the website may be incorrectly priced. In the event the actual price is lower than what is displayed online we will refund you the difference. We are not obliged to supply the product to you if the incorrect price is an obvious error. If the actual price is higher than the online displayed price, we will contact you and notify you of the pricing error. You will have an option of proceeding with the order at the correct price, cancel the product from the order or cancel the order completely. Any refund will be issued within two working days.

7. AMENDING YOUR ORDER

• Your order can be amended at any stage throughout the ordering process. If your order has been submitted, please contact us as soon as possible, but no later than 48h before your delivery date, at sales@bayley-sage.co.uk and we will try to assist. Any amendments later than 48h before the delivery cannot be guaranteed. Exception – Christmas ordering – see below.
• Your Christmas orders can be amended up until the cut-off date provided on the online Christmas order form. To amend your Christmas order please contact sales@bayley-sage.co.uk. After the cut-off date, no amendments are possible.

8. DELIVERY AND COLLECTIONS

• We do not offer the same day delivery on any of our services. Orders for next day delivery or collection from your local store need to be placed by 3pm. Orders for deliveries or collections on Saturdays and Sundays need to be placed and payment processed by 3pm Friday. This does not apply to bespoke orders – see paragraph 8.3.
• We will deliver your order, including bespoke hampers, to the delivery location specified by you, by the time or within the agreed period, not sooner than the next day from order confirmation. This applies to most orders except for food that needs to be specially prepared for you including but not limited to platters, lunch orders and bespoke flower bouquets.
• We need minimum 48h notice (not including Saturdays and Sundays) on any order which includes food that needs to be specially prepared for you including but not limited to platters, lunch orders and bespoke flower bouquets.
• Bayley & Sage and Abode Gift Cards are posted using 2^nd class Royal Mail within 24h from order confirmation email. Delivery is usually two to three working days including Saturdays. If you wish to collect the Gift Card from your local store, your order will be ready for collection within two days from order confirmation email.
• We use our own vehicles for deliveries within a two miles radius of any of our stores. The minimum order for the delivery is £50.00. The minimum order does not apply for collections from stores. The delivery charge within 2 miles is £7.50. Gift Card postage is free of charge, unless you require an express sign in postage, then a charge will apply.
• Please contact sales@bayley-sage.co.uk with orders for deliveries further than 2 miles radius from our stores, and we will try to assist, but the delivery cannot be guaranteed. Some food, like fresh food or intoxicating liquor may not be able to be sent to locations outside of a 2 miles radius. Different charges may apply for these deliveries, depending on the size and the location of the delivery.
• If you wish the delivery to be left in a safe place or with a neighbour, please notify us. We consider an order complete, and the products are now your responsibility once our driver has taken a photograph of your order in the designated safe place or with a neighbour or handed your order to you in person. If our driver is unable to hand the order to you personally and we haven’t been instructed to leave the order in the safe place or with a neighbour, we will attempt to contact you for further instruction. If we are not able to reach you, your order will be taken back to our Distribution Centre. For fresh food deliveries it is recommended that the package is delivered to an address where it can be received.
• We cannot offer refunds for failed fresh food deliveries resulting from the recipient not being available or incorrect delivery addresses being provided.
• The products are your responsibility from the completion of delivery.
• If you or the person you are sending the order to have failed to receive the delivery at the delivery location, we may charge a reasonable cost for storing and organising a redelivery.
• We reserve the right to extend the delivery period in the event of unforeseen circumstances out of our control or particularly busy periods for the business such as Christmas.
• Your Christmas order will be delivered to the location you provided on your Christmas order form on the date and time slot chosen at the time of submitting your order i.e., 22^nd, 23^rd or 24^th of December, 9:00am – 1:00pm or 2:00pm – 5:00pm slots. We will notify you via email or by phone about any delays.
• Collections – Most orders placed for collection in any of our stores will be ready in the 24h period after receiving email confirmation of your order. Our sales team will advise you of the earliest time you will be able to collect from your chosen store. We require 48h of notice on any order which includes food which needs to be specially prepared, including but not limited to platters, lunch orders and bespoke flower bouquets.
• You can place an order for delivery in store. The minimum order value is £50. Orders below £100.00 incur a £7.50 delivery charge. There is no delivery charge for orders over £100.
• In the unlikely event you order failed to arrive when excepted, please contact us on sales@bayley-sage.co.uk or by telephone within 24h from the time you were expecting your delivery to arrive. We will immediately investigate and notify you of the results of our investigations as soon as possible.
• All orders are delivered by temperature-controlled vehicles where applicable.
• We will not be accountable for failure to deliver or delays due to circumstances beyond our control including but not limited to traffic, emergencies, or adverse weather.

9. CANCELLATION AND RETURNS

• You can cancel you order at any point during the order process before the contract is made if you simply change your mind and without the need for giving us a reason.
• You have a right to cancel the contract within 14 days from the day you physically acquire the last of the goods. The cancellation period will expire after 14 days.
• To exercise your right to cancel the contract you need to inform us of your decision by a clear statement by email or letter. We will without delay acknowledge and confirm your cancellation.
• If you decide to cancel your contract, and we have agreed to collect the goods from you or the goods were not supplied, we will refund all the payments we received from you, including the delivery charge, although the maximum refund for the delivery charge will be the least expensive type of standard delivery offered by us for that type of product. The refund will be issued without the delay, and no later than 14 days after informing us about your decision to cancel the contract.
• If you decide to cancel your contract, but the order has already been dispatched to you, you must send back the goods or hand them over to us at 60 High Street Wimbledon Village, England, SW19 5EE, as soon as possible and in any case not later than 14 days from communicating your decision about cancelling the contract to us. You agree to cover the costs of returning the products to us. If you are returning the goods to us, we will issue a refund without delay and no later than:

1. 14 days after the day we receive back the goods, or
2. 14 days after the day you provide evidence that you have sent back the goods.
   • Cancellation and return rights do not apply for the following products:
3. Products made specially for you or are personalised, including but not limited to lunch orders, platters, bespoke hampers, and bouquets.
4. Products which are liable to deteriorate or expire quickly.
5. Sealed products, which are not suitable for return due to health protection and/or hygienic reasons, if the seal of the product was broken after receiving the delivery.

• Unless the products are faulty or not as described you will be responsible for the cost of returning the products to us.
• We are permitted to make a deduction from the reimbursement for any loss in value of any products, if the loss is the result of unnecessary handling by you, that is going beyond the handling that might be reasonably allowed in store.
• The refund will be issued using the same means of payment as you used for the initial transaction, unless otherwise agreed. You will not incur any fees because of the reimbursement.

10. CONFORMITY

• We are under legal duty to supply the goods in conformity with the contract and will not have conformed if the upon delivery the goods: will not be of satisfactory quality, are faulty, are not fit for purpose or do not conform to their description. As a consumer you have legal rights in relation to those products and those rights are not affected by your right to return and refund in this or the next section or anything else in these terms and conditions.

11. REFUND POLICY

• If you are returning the products to us because they are either not of satisfactory quality, faulty, not fit for purpose or misdescribed, we will carefully examine the returned products and inform you of the results of the examination and our decision regarding the refund as soon as possible.
• The refund will be issued without delay, and in any case within 30 days of confirming you are entitled to a refund. We will refund the price of the faulty product in full, any delivery charges and reasonable costs you incur in returning the item to us.
• The refund will be issued using the same means of payment as you used for the initial transaction, unless otherwise agreed. You will not incur any fees because of the reimbursement.

12. 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 product descriptions, pricing, promotions, offers, product shipping 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.

13. EXCLUDING 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 products 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 Bayley & Sage 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 products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
• If any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. 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, products, 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 products should be directed to the third-party.

15. 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 (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
• We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Conditions.
• 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.

16. PERSONAL INFORMATION

• Bayley & Sage respects your privacy and is committed to protecting your personal data. To view how we look after your personal data click here.

17. 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.

18. RESTRICTED ACCESS
    • Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

• If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
• You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.

19. ENTIRE AGREEMENT

• The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
• These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to our services 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 and Conditions).
• Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

20. GOVERNING LAW

• This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

21. CHANGES TO TERMS OF SERVICE

• You can review the most current version of the Terms and Conditions at any time at this page.
• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and our service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

22. CONTACT DETAILS

Our full details are:

Full name of legal entity:  Bayley & Sage Limited

Address:  60 High Street Wimbledon Village

SW19 5EE London

VAT:539 0359 34 (Effective Date: 17 July 1989)

Company Registration: 2283314

sales@bayley-sage.co.uk

02089126327