Terms of service
Terms & Conditions
BAKED by NICOLA TERMS & CONDITIONS
The legal stuff – our terms of use agreement
The website www.bakedbynicola.com. is owned and operated by Allez-y Limited trading as Baked by Nicola ("Baked by Nicola”).
Please read carefully the following terms and conditions (the "Terms" or "Terms of Use"), because they constitute a binding agreement between you and Baked by Nicola. By accessing the website or by using any of its services, you indicate your acceptance of these Terms. If you do not agree with any or all the Terms of Use, you may not access the website or use any of its services. Please feel free to submit any questions that you may have regarding the Terms to: enquiries@bakedbynicola.com.
Services
When using the website, you may browse or place an order for food and other items. Upon completing your order online, Baked by Nicola will review your order and acknowledge receipt with an e-mail message that will be sent to your e-mail address. Please note that Baked by Nicola's e-mail notification does not constitute an acceptance of your order. The execution of your order and the charge of your credit card will be made directly by the outlet/website that you ordered from and will be deemed as an acceptance of your order.
Availability
Our services are available only to, and may only be used by individuals who can be legally bound by contracts under the applicable UK law. Each user of the website must have a valid credit or debit card and a valid e-mail address for contact purposes. Baked by Nicola's services are available only for credit and debit card types which are listed on the website.
The website is not aimed at/prepared for children under the age of 18. If you are under 18 years old, you may browse the website, however, you may not place an order online or provide Baked by Nicola with any of your personally identifiable information. Baked by Nicola will permanently delete a child’s personally identifiable information if a parent so requests by sending an e-mail to enquiries@bakedbynicola.com.
We do not sell alcoholic products to persons under the age of 18 as per the licensing Act 2003. In placing an order containing alcohol you confirm that you, and the intended recipient(s), are aged 18 years or over.
Acceptable use of the website
Subject to these Terms you may access and use the website and order online. The following terms define the acceptable use of the website. while using the website you agree to refrain from deliberately, or carelessly:
Interfering with or disrupting the functionality of the website;
Disobey or breach these Terms or any other applicable instructions conveyed by Baked by Nicola and its officers;
Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
Impersonating any person or entity, or making any false statement about your identity, employment, agency or affiliation with any person or entity;
Providing false or misleading credit card details and/or false delivery addresses when placing an order online;
Displaying the website or any part thereof in an exposed or concealed frame;
Linking to certain elements on the website independently from the web pages on which they originally appear;
Email, transmit or otherwise make available any information and materials that infringes third party’s right, including Intellectual Property Rights;
Email, transmit or otherwise make available software viruses, Trojan horses, warms and any other malicious application to computers and networks;
Email, transmit or otherwise make available any information or material which may constitute or encourages conduct that would constitute a criminal offence or civil wrongdoing or otherwise violets any applicable law;
Email, transmit or otherwise make available any information or material which may be deemed threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable.
Fees and Payments
The current rates of the items posted on the website are provided by Baked by Nicola. These rates may vary if Baked by Nicola products are sold through other independent outlets at their absolute discretion. Such resellers may, at any time and in their sole discretion, change the rates and availability of any item in their menus. All prices are quoted in Pound Sterling unless expressly stated otherwise. Any changes in pricing will take effect immediately after being posted on the website.
You represent and warrant that you will pay prices and taxes in a timely manner and in compliance with each food price schedule. Failing to settle your payments may prevent you from further using the website, notwithstanding any other remedies available to Baked by Nicola under the applicable law.
Return, refund and cancellation policy
Should you need to cancel or amend any order, we require two working days’ notice to arrange this for you. Should your order be damaged this should be reported immediately via email, live chat or by calling us on +44 161 818 8579. Photographic evidence must be supplied and then agreed/approved by us. Please note we are unable to accept returns.
Delivery
If you're out when our driver arrives, we will try and make contact on the number provided to see if we can deliver to somewhere else, or leave with a neighbour. If we can’t get hold of you the goods will be taken back to our delivery depot and we will try and make contact again to ask what you would like done with the order.
Discount
Please note, any special discounts do not apply to delivery or merchandise items, unless stated otherwise.
Links to other sites
The website may include links to content on other websites and online services. Baked by Nicola does not operate or monitor these websites and services. You may find them or the information and content included therein incompatible with your requirements, or you may object to their content or find such content annoying, improper, unlawful or immoral. By linking to a certain website or service, Baked by Nicola does not endorse, or sponsor their content, or confirm its accuracy, credibility, authenticity, validity, integrity or legality. Baked by Nicola assumes no responsibility or liability for such third-party websites or services, or for their availability.
The website may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking on the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. Baked by Nicola is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.
Privacy
Baked by Nicola respects your privacy. Click here to read the current privacy policy of the website. It forms an integral part of these Terms. Given that the privacy policy may change from time to time, it is recommended that you review it from time to time.
Intellectual Property
The intellectual property rights in the website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of Baked by Nicola, or of third parties by whom Baked by Nicola was licensed according to law. These rights apply, among others, to any textual and non-textual information, including menus, images, graphic design, data and its processing, the website's computer code and any other detail concerning its operation.
You may not copy, duplicate, distribute, sell market and translate any information, including trademarks, images, pictures, texts and computer code from the website, without receiving Baked by Nicola's explicit prior consent in writing.
Trademarks appearing on the website (whether registered or not), the name of Baked by Nicola and its trademarks as well as the website's Domain name – are the sole property of Baked by Nicola. You may not use them without Baked by Nicola's prior written consent.
Changes and Availability
Baked by Nicola may from time to time change the website's structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any previous notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall not have any plea, claim or demand whatsoever against Baked by Nicola ensuing from the introduction of aforementioned changes or from problems or any kind of failure resulting from their introduction. The functioning of this website depends on different elements such as software, hardware and communication networks of Baked by Nicola, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence Baked by Nicola can't guarantee that the website will not be disturbed, be timely, be secure or be error-free.
Termination of operation
Baked by Nicola may at all times, in its sole discretion, terminate the operation of the website, or any part thereof, temporarily or permanently. Baked by Nicola may not give any notice prior to the termination of the website. At any time, certain content or service may be blocked, removed or deleted.
You agree and acknowledge that Baked by Nicola does not assume any responsibility with respect to or in connection with the termination of the website's operations and the loss of any data as a result.
Amendments to the Terms
Baked by Nicola may from time to time change these Terms, including any and all documents, forms and policies incorporated thereto. Any major changes to these terms will take effect 30 days after an initial notification is posted on the website. Other changes will take effect 7 days after their initial posting on the website unless the Terms are amended to comply with legal requirements when the amendments will become effective as required, or ordered.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the website.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE "AS IS", AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS BAKED BY NICOLA IN RESPECT OF THE WEBSITE'S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF THE WEBSITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
BAKED BY NICOLA DOES NOT WARRANT AND HEREBY DISCLAIMS ANY WARRANTIES THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE IS FREE FROM ALL HARMFUL COMPONENTS. USE OF INFORMATION OR CONTENT OBTAINED FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK.
Limitation of Liability
BAKED BY NICOLA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER " BAKED BY NICOLA'S GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS, COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE, OR FROM NEGLIGENT ACTS OR WRONGDOINGS, OR FROM THE UNAVAILABILITY OF ORDERED ITEMS, OR FROM DELIVERY DELAYS, OR FROM ANY UNINTENTIONAL FAULT OR ERROR MADE BY BAKED BY NICOLA’S GROUP'S STAFF, OR FROM ANY FRAUDULENT ACTIVITY OR UNAUTHORIZED USE OF CREDIT AND DEBIT CARDS, OR FROM ANY COMMUNICATION WITH BAKED BY NICOLA, REGARDLESS OF WHETHER BAKED BY NICOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You hereby agree to indemnify, defend and hold harmless Baked by Nicola Group at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses, and payments, including reasonable legal fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the website, or the order, shipment and use of the Products.
Governing Law, Jurisdiction
These Terms will be governed by and construed in accordance with the Laws of England.
Contact details
You may contact Baked by Nicola by email at: enquiries@bakedbynicola.com , or by using the contact details hereunder. However, you should contact the relevant outlet directly with any questions that you have concerning the delivery of the order and any other matter related to the order transaction. Baked by Nicola may publish in public, including on the website, any communications with you, provided that your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.
Baked by Nicola contact details:
Baked by Nicola
The Anne, 26 Centre Vale, Todmorden Road, Littleborough, OL15 9EL
General
With respect to the use of the website and the services therein, no waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Baked by Nicola, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Baked by Nicola's authorised representative.
The Terms and Conditions will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of these Terms.
Failure on Baked by Nicola's part to demand the performance of any provision in the Terms will not constitute a waiver of any of Baked by Nicola's rights under the Terms.
Changes in Ownership
Baked by Nicola may incorporate the ownership or management of the website as a separate corporation, or transfer ownership rights and title in the website, to a third party, provided that your rights according to these Terms are not harmed by the transfer of rights. In that case, a copy of the details and information related to you will be transferred to the corporation receiving the rights in the website and you hereby give your prior consent thereto.
No Assignment
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Baked by Nicola's prior explicit and written consent.
Interpretation
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms. "including", whether capitalized or not, means without limitation.
Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.
