Terms of Sale
TERMS OF SALE
(Last revised on 8 January 2018)
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND MAKE SURE YOU UNDERSTAND THEM
Welcome to www.bettys.co.uk (the "Website"). These are our website terms and conditions of sale ("Terms of Sale") that give you important information about the legal terms and conditions on which we sell certain goods on our Website ("Products") to you.
1. Information about us
We operate the Website. We are Bettys, registered in England and Wales as Bettys & Taylors of Harrogate Ltd under company number 00543821 and our registered office is at 1 Parliament Street, Harrogate, HG1 2QU, England. Our main trading address is at 1 Parliament Street, Harrogate, HG1 2QU, England. Our VAT number is 405696146.
2. About these Terms of Sale
These Terms of Sale (together with our Privacy and Cookies Policy regarding personal information provided by you, and Terms and Conditions for Use of our Website) will apply to any contract between us for the sale of Products available on our Website to you ("Contract").
By using this Website and/or placing an order you agree to be bound by these Terms of Sale. Please read these Terms of Sale carefully and make sure that you understand them before ordering any Products from our Website. You will be asked to read and agree to these Terms of Sale before you place an order for Products from our Website. If you do not agree with these Terms of Sale, do not order any Products from our Website.
Before placing an order, if you have any queries relating to these Terms of Sale, please click here to email our customer services team.
We may change these Terms of Sale from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer. Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order Products, please check these Terms of Sale to ensure you understand the terms which will apply at that time.
These Terms of Sale, and any Contract between us, is only in the English language.
In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING OUR LIABILITY TO YOU (PARAGRAPH 12) AND THE LEGAL RIGHT TO CANCEL AN ORDER (PARAGRAPH 8 AND PARAGRAPH 9).
3. Product information
We have made every effort to describe and display as accurately as possible the Products that appear on the Website. However, your Products may vary slightly from those images, especially those Products which are handcrafted.
Prices, offers and Products are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation.
THE PLACING OF A PRODUCT ON OUR WEBSITE IS AN INVITATION TO ACCEPT OFFERS FOR PRODUCTS, IT IS NOT AN OFFER TO SELL AT THE LISTED PRICE NOR IS IT BINDING ON US. YOUR OFFER IS ONLY ACCEPTED WHEN YOU RECEIVE DISPATCH CONFIRMATION FROM US (AS REFERRED TO AT STEP 13 OF PARAGRAPH 5 BELOW).
4. Gift Vouchers
We offer four types of gift vouchers for sale:
- Monetary gift vouchers of £5 or £20;
- Café Afternoon Tea vouchers priced at £19.95/£27.95; and
- Lady Betty Afternoon Tea gift vouchers priced at £32.95/£39.95; and
- Cookery School One-Day Practical Course Gift Voucher priced at £185 (Please click here for full Cookery School terms and conditions)
Please note that there are different opening times and booking restrictions applicable to the Lady Betty Afternoon Tea gift vouchers, therefore we advise you to review the information in relation to each gift voucher carefully.
For more information about our reservation only Lady Betty Afternoon Tea, please click here
For more information about Café Afternoon Tea including opening times, please click here
Please ensure when booking that you have the correct voucher. A surcharge will apply for those wishing to use the Café Afternoon Tea gift voucher for the Lady Betty Afternoon Tea.
The Bettys monetary gift voucher is valid at Bettys shops and Cafés in Harrogate, Ilkley, York and Northallerton and may also be used through the mail order service by phone at, Bettys by Post.
A gift voucher cannot be exchanged for cash or refunded.
Gift vouchers cannot be used for online purchases.
Gift vouchers cannot be purchased in conjunction with free delivery offers.
If the amount of purchase is less than the value of the gift voucher, change will not be given.
Please protect your gift voucher and treat it as cash as we are unable to accept any liability for lost and stolen gift vouchers and cannot replace the same.
If your gift voucher becomes accidentally damaged please contact Bettys Customer Service on 0800 456 1919.
Gift vouchers will only be valid if they are endorsed by us at the time of purchase.
The Lady Betty Afternoon Tea and The Cafe Afternoon Tea gift voucher will expire 12 months after the date of purchase. There will not be a refund for any unused gift vouchers.
The monetary gift vouchers have no expiry date.
We reserve the right to refuse to accept a gift voucher which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.
We reserve the right to amend the gift voucher terms and conditions from time to time, where we consider it reasonable and necessary to do so.
5. How to place an order.
Ordering from our Website couldn't be easier! Just follow these simple steps:
Find the type of Product that you would like to purchase using the images and Product category titles on the home page of the Website, or via the search facility. To take a look at a particular Product and get more information about it just click on the Product name or image. You can also hover over the Product image with your mouse and it will show a close up image of the Product
When you're ready to buy a Product, click on the Product name or image, set the desired quantity, select a variant from the dropdown (if applicable) and then click on the "Add to Basket" link provided next to the Product image.
You can continue browsing to add more items to your shopping basket. To check what is in your shopping basket at any time, click on "View Basket" (in the top right hand corner). When you are ready to check out, click on "View Basket".
If you're happy with the item(s) in your basket, add any promotion code into the box in the top right hand corner of the screen and click "Apply". When you are satisfied that your order is correct, click on "Proceed to Checkout".
You then have the option to log in as an existing registered customer. You don't have to be registered to shop, but if you do, you'll find that it makes shopping with us easier and faster. All your details will be saved securely in "My Account" for you to amend at any time. All data submitted by you in "My Account" will be subject to our Privacy and Cookies Policy. You have the opportunity to use stored billing and delivery addresses or specify new addresses at this stage.
If you do not have an existing account please fill in your details, ensuring the billing address provided is the address your credit or debit card is registered to, choose your delivery address option (the address you entered for the card, or a different one).
Once you have selected a delivery address, the delivery options available for your Product(s) and the cost of those delivery options can be viewed by clicking on the "View more dates & options" link. You can then select the delivery method and date of delivery from the available options. Further details on anticipated delivery times can be found on the Delivery page of our Website.
If you have previously stored payment card details, you can now select a card to use for payment. If no payment details are stored you will be asked to key in your payment information at the final stage of order placement (after clicking "Order and Pay"). At this stage you will be required to specify card type, enter the name on the card, the long number shown on the card, the date of expiry and the verification number (last 3 digits).
In the Order Messaging section, you can enter a gift message and/or brief delivery instructions for the courier (relevant only to Named Day or Saturday delivery services).
Check the "Review your Order" section carefully and if your order is incorrect make any necessary amendments to your order by clicking the "View Basket" link at the top right side of the page. Once you have made any necessary amendments and you are happy that your order is correct, click "Order and Pay".
We recommend that you make a note of your order number. If you are a guest user and you want to save your order details in an account, you will be given the option to register with us and create a password. If you do this, you'll be able to log in to see the status of your order and shopping with us next time will be much quicker.
We will send you an order confirmation email ("Order Confirmation") to confirm that we are processing your order.
We will send you another email when your order has been dispatched which will state the delivery method you have selected, along with a tracking number if you chose the Named Day or Saturday delivery service ("Dispatch Confirmation"). Once you have received your Dispatch Confirmation, we will not be able to make any changes to the delivery address provided.
Acceptance of an order placed by you online and the completion of the Contract between you and us will take place when you receive the Dispatch Confirmation email from us.
If for any reason we cannot provide you with an item on your order, you will be contacted by email and a refund will be issued for the item(s) that are missing.
If a Product you have ordered is listed at an incorrect price due to an error on our part, we will notify you of the error and either refund you for any overcharged amount so that you pay only the correct price of the Product (and the delivery charge if the order only contained that item) or if we have undercharged you we will seek the outstanding balance. We will not dispatch the Product to you until the correction has been made.
For UK mainland deliveries we offer Standard, Named Day, Named Day by 12pm and Saturday delivery options. You can choose between these delivery options to suit your needs. The price and maximum weight allowed for each of these delivery methods is set out below:
Standard - £3.95 (maximum weight – 2kg)
Named Day* - £6.95 (maximum weight – 30kg)
Named Day by 12pm* - £9.95 (maximum weight – 30kg)
Saturday* - £10.95 (maximum weight – 30kg)
Saturday by 12pm* - £19.95 (maximum weight – 30kg)
*Due to the high volume of deliveries over peak periods (which include the six-week period prior to 25 December and the four-week period prior to Easter) our couriers operate extended hours. Consequently, they may attempt to deliver your Products ahead of your chosen date to ensure it arrives on time. For example, some orders placed for delivery on a Tuesday may be delivered on the previous Sunday or Monday.
For the Highlands and Islands (including Isle of Wight, Isle of Man, Scottish Islands and Channel Islands) and certain other remote UK regions we offer Standard and Premium delivery options. The price and maximum weight allowed for each of these delivery methods is set out below:
Standard - £3.95 (maximum weight – 2kg)
Premium - £15.95 (maximum weight – 30kg)
IF OUR COURIERS DELIVER YOUR PRODUCT(S) IN ACCORDANCE WITH YOUR INSTRUCTIONS (WHETHER TO A ‘SAFE’ PLACE, OR TO A NEIGHBOUR, OR OTHERWISE) NEITHER WE NOR THEY WILL BE LIABLE FOR ANY LOSS OR THEFT OF, OR DAMAGE TO, THE ITEM FOLLOWING SUCH DELIVERY AND ANY SUCH INSTRUCTIONS ARE GIVEN ENTIRELY AT YOUR OWN RISK.
We also deliver to countries outside of the UK, including the countries listed in the FAQs under the heading "Delivering Your Goods", which can be found by clicking on the "Ordering Online - Help" tab of the Customer Services section of the Website.
International shipping costs are entirely dependent upon basket contents, weight, destination and the selected shipping service.
International Standard and International Premium services: Orders with a total weight exceeding 2kg (up to a maximum of 30kg) will always be sent via International Premium. Weight and destination restrictions may apply.
Bettys cannot be held responsible should local customs authorities confiscate any item or charge any import duty.
For information on estimated UK and international delivery times relevant to your order, please refer to Schedule 1 of these Terms of Sale.
Your order will be fulfilled within the estimated delivery period set out in Schedule 1, unless there is an Event Outside of our Control (as defined in paragraph 12 below). If we are unable to meet the estimated delivery deadline because of an Event Outside of our Control, we will contact you.
In circumstances where the Products you have purchased are not delivered within the estimated delivery period confirmed in your Dispatch Confirmation, you will be entitled to treat this Contract as having come to an end. In such instances, please contact us as you may return the Product(s) which have been delivered late and receive a full refund, including any agreed return costs which you may incur.
If you have any other queries about your delivery, please visit our Contact Us page or call us on 0800 4561919, or +44(0)1423 814008 if you are calling from outside the UK.
The price of the Product(s) are as set out on the Website. Your order summary will confirm the price payable by you for the selected Product(s).
We accept MasterCard, Visa Credit, Visa Debit and Visa Electron.
Your card will be charged when you place your order.
ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL YOU RECEIVE OUR DISPATCH CONFIRMATION EMAIL (AS REFERRED TO IN STEP 13 OF PARAGRAPH 5 ABOVE) AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.
Payment card validation
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the checkout stage and there is nothing we can do to override this.
In processing your order, we may use your information for the purposes of the prevention and detection of fraud and we may disclose your address and postcode details as part of our fraud prevention checks. At all times where we disclose your information it will remain secure.
8. Your legal right to cancel without reason
Subject to paragraph 9 of these Terms of Sale (below), you have a legal right to cancel your Contract with us within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which the purchased Products come into your physical possession, or a third party other than the carrier and indicated by you acquires physical possession of the purchased Products.
In the event that you have ordered Products consisting of multiple lots or separate items which, as a result, are delivered on different days, the cancellation period will end 14 days after the day on which the last of the lots or items come into your physical possession, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel your Contract by making a clear statement (e.g. letter, email or on the telephone) to us that you wish to cancel your Contract, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
You may use the model cancellation form attached at Schedule 2 to exercise your right to cancel, but it is not obligatory. Order cancellations can also be made to us by email at firstname.lastname@example.org, or by contacting our customer service team on 0800 456 1919, or +44(0)1423 814008 if you are calling from outside the UK, or by post to Bettys by Post, Old Pagoda House, Plumpton Park, Harrogate, HG2 7LD. If you are emailing us or writing to us, please quote your order number so as to help us identify your order.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You must send back the purchased Products to us at Bettys, Bettys Craft Bakery, Plumpton Park, Harrogate, HG2 7LD without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of this Contract to us. The deadline is met if you send back the purchased Products to us before the period of 14 days has expired.
You will have to bear the direct cost of returning the Products to us. We suggest that you obtain proof of postage in relation to any such returns. Please follow our returns procedure set out in Schedule 3 when returning Products in relation to which you are exercising your legal right to cancel under this paragraph 8. If we do not receive the Products back from you, we may arrange to collect them from you at your cost.
Effects of cancellation
If you cancel this Contract, any money you have paid, including the costs of delivery (with the exception of any supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery ), will be reimbursed to you.
We may make a deduction from the reimbursement for loss in value of any purchased Products supplied, if the loss is the result of unnecessary handling by you.
You are only liable for any diminished value of the purchased Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the purchased Products you have received.
We will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any purchased Products supplied; or
if there were no purchased Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
If after this time you haven't received your refund, please contact us.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless (at our absolute discretion) we have expressly agreed otherwise with you, and in any event, you will not incur any fees as a result of the reimbursement.
Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Dispatch Confirmation.
9. Circumstances excluding your legal right to cancel without reason
Notwithstanding paragraph 8 of these Terms of Sale, your legal right to cancel your Contract with us within 14 days of receiving the Product(s) does not apply in the case of any Product ordered by you that is:
made to your specifications or personalised (for example wedding or celebration cakes); or
sealed for health protection or hygiene purposes, once it has been unsealed after you receive it; or
food items which have an expiry date of up to 14 days after the date of despatch.
If you have made a prepayment in relation to wedding or celebration cakes, whether we refund such prepayment is entirely at our discretion and we will be under no obligation to do so.
10. Faulty or mis-described Products
In addition to your legal right to cancel without reason, as set out in paragraph 7 above, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us.
If we have made a mistake, or you receive Products that are faulty, damaged or unfit for purpose, please return them to us by post following the returns procedure set out in Schedule 3.
Upon receipt, the Products will be examined by Bettys to determine any fault. If the Product is found to be incorrect, defective or damaged, we will refund the price of the Product, the delivery charges you have paid to receive that Product (unless the faulty or mis-described Product was sent to you with other items which you are not returning) and any reasonable costs you incur in returning the item(s) to us.
Refunds will be made in accordance with either paragraph 7 or paragraph 9 above, depending on the reason why you are returning the Product(s).
All refunds will be made using the original payment method. Please note that it can take between 5 and 7 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.
12. Our liability to you
If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied under implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
defective Products under the Consumer Protection Act 1987; and
as of 1 October 2015 any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015.
As a consumer, you will always have legal rights (including statutory remedies) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies) in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.
Advice about your legal rights (including statutory remedies) are available from your local Citizens' Advice Bureau or Trading Standards office.
13. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. Other important terms.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms of Sale are governed by the laws of England and Wales. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15. Complaints Procedure
In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us. Please call us on 0800 456 1919, or +44(0)1423 814008 if you are calling from outside the UK, between 8.30 am and 5.30 pm GMT (excluding bank holidays) or put your complaint in writing and send it to us by post to Bettys by Post, Old Pagoda House, Plumpton Park, Harrogate, HG2 7LD, or by email to email@example.com. Please note that our opening hours may be extended on a seasonal basis.
We aim to provide an initial response to a complaint by email within 24 hours from receipt or the next working day (excluding public holidays). This may change during busy periods.
It is important to us that your Products reach you as fast as possible.
The estimated delivery time for Standard delivery to the UK mainland is 2 working days from the date of dispatch. The estimated delivery time for Standard delivery to Northern Ireland, the Isle of Man, the Isle of Wight, the Channel Islands or the Scottish Highlands/Islands is 3 working days from the date of dispatch.
Premium by 12pm
The Product(s) will be delivered by 12pm on the selected day.
Tracking your order
If you have selected a Named Day, Saturday, or Premium delivery then the Dispatch Confirmation email will contain a unique number to track your parcel. You can either click the link in your Dispatch Confirmation email or follow the steps below to track your parcel.
Go to the link within your email and enter the tracking number provided in your Dispatch Confirmation email.
If you have any problems tracking your delivery or any other problems with your order, please email us at firstname.lastname@example.org with your order number and your full name. One of our Customer Service team will aim to get back to you within 24 hours, or the next working day (whichever is later).
Alternatively, you can call us on 0800 456 1919 (calls charged at local rate), or if you are calling from outside the UK on +44(0)1423 814008, between 8.30 am and 5.30 pm GMT Monday to Sunday (excluding public holidays).
When we dispatch your order, we'll send you a Dispatch Confirmation email. Should the Dispatch Confirmation not reflect what you want please contact us as soon as possible by calling us on the number detailed below, or by email to email@example.com with your order number and your full name. You can call us on 0800 456 1919, or if you are calling from outside the UK on +44(0)1423 814008, between 8.30 am and 5.30 pm GMT Monday to Friday (excluding bank holidays).
If you are not in when our couriers try to deliver, they will leave a card and take the parcel to your local delivery office. If this happens, please follow the instructions on the card left by the courier.
The estimated delivery time for International Standard is up to 14 days, from the day of dispatch, dependent on the destination.
The estimated delivery time for International Premium is up to 9 days, from the day of dispatch, dependent on the destination.
All international orders are subject to checking by customs which may delay the delivery of your order. Any additional duty or customs charges applicable in the destination country are payable by the recipient. The import and duty policies vary from country to country and we cannot advise you how much duty will be applied to your order value, please seek advice from your countries relevant governing bodies before placing your order.
Model Cancellation Form
Please complete this order cancellation form and send it to us by email at firstname.lastname@example.org or by post to Bettys by Post, Old Pagoda House, Plumpton Park, Harrogate, HG2 7LD.
To: Bettys by Post, Old Pagoda House, Plumpton Park, Harrogate, HG2 7LD or by email: email@example.com
I [customer name] hereby give notice that I [customer name] cancel my order of sale of the following goods:
Order reference number:
Name of customer:
Address of customer:
Returning an item(s) to us couldn't be easier! Simply fill out the returns information below and post it back to us at Bettys by Post, Old Pagoda House, Plumpton Park, Harrogate, HG2 7LD. Please ensure your item(s) are securely packed and properly labelled. You will be responsible for taking care of the Products until they are returned to us. Enclose the item(s) with your completed returns form in the delivery package.
Should you have any issues, please contact us by email at firstname.lastname@example.org or call us on 0800 456 1919, or if you are calling from outside the UK on +44(0)1423 814008 between 8.30 am and 5.30 pm Monday to Friday (excluding bank holidays) and we will be happy to help.
I [customer name] am returning the enclosed item(s) as stated in my email, letter or phone call for the reason of:
Order reference number:
Name of customer:
Address of customer: