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Purpose of Use
The bakingfrenzy.com web site is designed to present the products and services offered by Baking Frenzy Cooking Supply (hereafter referred to as �The Company�) for the purposes of sale and ecommerce. The web site remains the sole property of the The Company and use of the site is governed by these Terms and Conditions.
Copyright
Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with The Company or using this web site as a shopping resource. Any other use of materials on this web site including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of The Company is strictly prohibited. All designs shown on the web site are protected by international copyright and ownership in the design lies with the designers and/.or manufacturer of the particular design in question. It is an offence to copy any of these designs and the owners reserve the right to use both the criminal and civil law to protect their rights. Most designs shown are owned by members of ACID (Anti Copying In Design) who actively prosecute anyone illegally copying members� designs. For the avoidance of doubt, Scots law applies at all times.
Trademarks
Product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners. Their use is protected by international copyright law.
Conditions of Web Site Use Disclaimer
To the fullest extent permitted by Law, Baking Frenzy Cooking Supply is providing this web site and its contents on an �as is� basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this web site including, without limitation, warranties of merchantability and fitness for a particular purpose, colour representation, design/item availability, timescale, compliance with legislation outside the EU. In addition, the wire free world does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price, design and availability information is subject to change without notice. Except as specifically stated on this web site, to the fullest extent permitted at law, neither The Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, The Company does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of The Company, its affiliates, directors, employees or other representatives.
Colours / Designs
Colours and designs shown on the web site are representative only and The Company offers no guarantee of precise colour or design match, due to the limitations of photography and conditions outwith The Company�s control such as reproduction of images on The Customer�s PC. Manufacturing variations in colour, design, material, length, width and presentation are to be expected although the Company guarantees that no such variations will affect the quality of the product nor shall any variation in length or width contravene the Sale of Goods Act. In particular, the colours/shades of sugarpaste, paste colourings, dust colourings, icing colouring pens and all other products designed to colour sugarpaste or marzipan are not guaranteed to the international nature of manufacture and the effect which environment, temperature and humidity have on such products. The Company also points out that different brands of white sugarpaste icing contain varying amounts of blue colouring in order to obtain the whiteness � adding an icing colouring to white sugarpaste will produce different results depending on the brand of sugarpaste.
Dimensions / Weights / Volumes
All dimensions, weights and volumes stated are approximate and as are accurate as required by UK and EU legislation. The Company advises customers to allow a small variation in dimension / weight / volume when ordering as suggested by common usage and sense.
Food Safety
All goods are stored and handled in a professional, hygienic environment at all times. The Company meets and strives to exceed all Local Authority Environment Health standards, EU Regulations and UK legislation covering the handling and labelling of edible products. Once any edible product leaves The Company�s premises, The Company cannot control conditions which could affect hygiene, safety or quality and, therefore, The Company will not accept the return of any edible item unless it was supplied incorrectly or is faulty. Put simply: when a customer purchases any edible product from The Company, they can be assured it is brand new and has never previously left The Company�s premises.
Labelling
All goods meet the latest Local Authority Environment Health standards, EU Regulations covering the handling and labelling of edible products. These rules may differ in other countries and The Company is happy to provide detailed ingredients listings in advance of ordering, on request.
Prices
The Company reserves the right to change prices without notice and especially for overseas customers, where a currency conversion is required. International exchange rates vary on a daily basis and the price charged may vary slightly from the price advertised due to PayPal and osCommerce software offering different exchange rate calculations. For example: a non-UK customer paying by PayPal accepts PayPal�s exchange rate as part of the terms and conditions of using PayPal. This exchange rate may be slightly different from that used to calculate the advertised product price.
Delivery Times
The Company shall strive to deliver all in-stock items within a maximum of 25 business days of receiving cleared payment and, in most cases, will strive to ship the order within 2 business days for delivery within approximately 1 week. However, The Company is bound by Distance Selling Regulations and, as such, is obliged to state that it reserves the right to deliver within a 28-day period. The company stresses that this is a legal requirement and that, in almost all cases, orders are shipped within 7 business days. Faster shipping options may be available at checkout depending on order weight.
By placing an order, The Customer accepts these timescales and special comments/requests re faster delivery added to the order form are not considered part of the Contract of Sale.
Availability
The products shown on this web site are also sold by The Company through a physical showroom, by mail-order and by other on-line media. Stock availability shown on the web site cannot be guaranteed and The Company reserves the right to cancel any orders where delivery cannot be fulfilled within 14 days and/or new stock is not expected to arrive right away.
Back Orders
Although rare, an item(s) may become out-of-stock, in which case The Company reserves the right to ship all available parts of the order and, at its sole discretion, to ship the balance or refund the balance to The Customer. The Company will attempt to notify The Customer and offer The Customer the option of a back-order or refund. The Customer is asked to note that orders are not accepted upon a �conditional� basis - The Company has the right to ship whichever parts of an order are available without The Customer having the right to cancel the rest of the order. The shipping costs of any back order(s) will be covered by The Company.
Shipping Costs
The software used for this website uses a pre-defined system of calculating shipping costs based on product weight and delivery destination. No system can be totally accurate and The Company endeavours to be as fair and equitable as possible when charging for shipping.
Returns
The Company will accept returns of most items* within 14 days of the date order was delivered, in line with the Distance Selling Regulations and other statutory obligations. The Custmer must contact The Company direct (telephone is best) within 7 days of delivery to arrange returns. Items returned without prior authorisation will not be processed for refund.
*Certain items such as edible goods, personalized/customized goods, cut ribbon and items designed and approved for coming into contact with foodstuffs (e.g. cake boards) and specially ordered items are exempt from the returns policy. In the case of sugarcraft items this is for food safety and hygiene considerations and in the case of customized / personalized items it is simply because the goods may not be of any use to another customer.
If goods are supplied incorrectly or are faulty, The Company will accept returns and will replace or refund as the customer prefers, reimbursing the customer any reasonable return P&P costs. In this instance �reasonable� is deemed to be as using the same or comparable service as used for shipping the original order. The customer is responsible for the safe return of the item(s). Where the goods are correct but the customer changes his/her mind, The Company will only accept return of goods which remain in original packaging and which arrive at The Company�s offices in �as new� re-saleable condition. Once the item has been received The Company will refund the value of the goods. Shipping and packing costs are not refundable.
For the avoidance of doubt The Company will not sell second hand edible goods of any description, even if packaging is intact. The Company, therefore, cannot accept the return of any edible item unless it was supplied incorrectly or is faulty. This policy may or may not be compatible with the Distance Selling Regulations and The Company looks forward to the legal position being clarified by the courts in the near future.
Timescale is entirely the responsibility of the customer. The Company offers a range of shipping options and ensuring sufficient time for the order to arrive and to be replaced if necessary is solely the responsibility of the customer.
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