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Terms & Conditions
By using, accessing, or purchasing from this website, which is owned and operated by Bake With My Baby Ltd (herein referred to as "Bake With My Baby" or “bakewithmybaby.com”), you acknowledge that you have read, understood, and agree to the following Terms and Conditions ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this website. Bake With My Baby reserves the right to revise these Terms at any time by updating this posting, at any time without notice. Please read and review these Terms periodically. As a condition of your use of this website, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the website via a browser. We reserve the right to revise the products and services available on the website and to impose rules for and limits on use of the website or to restrict your access to part, or all, of the website without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
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By accessing or using any part of the website, you accept these Terms, without limitation or qualification. You may not use any portion of the website if you do not agree with all of the Terms. Price information found on this site is subject to change without notice.
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Use of the Website
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We give you permission to access and use the website for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorised in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with these Terms and Bake With My Baby has no obligation to investigate the authorisation or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Bake With My Baby of any unauthorised use of your password or identification or any other breach or threatened breach of this Site's security.
You may receive emails regarding your account or promotions for special offers.
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Billing and Payments
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By starting your Bake With My Baby subscription and providing or designating a payment method, you authorise us to charge you on a recurring monthly basis for your subscription fee at the then current rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time at our sole discretion. Any price changes to your subscription will take effect following email notice to you.
You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card details. Your payment information is secured with our world-class PCI-DSS Level 1 compliant subscription management partner Recurly for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we will contact you to advise you of this. Any account changes made on or after the 1st of each month should not be expected to reflect on the subscription until after the upcoming shipping period.
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Delivery
In an effort to get products to our subscribers as soon as possible, we may begin processing shipments prior to the signup cutoff. Therefore, all address updates must be made at least 72 hours prior to the subscription renewal date to ensure they are correctly reflected on your shipment. All baking experiences are shipped between the 14-19th of the month and can take 3-5 working days to arrive. When you subscribe your 1st box will be shipped the following month. It might sound like a long time away but we provide freshness and quality that’s worth the wait ;)
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Refunds and returns
It’s important to us that you enjoy your experience and that you are satisfied, however you have the right to return your order up to 14 days from the day you receive your goods for any reason. Simply return the unopened box in its original packaging and our team will process your refund. If there was an issue with your order, please let our team know what happened; we would be happy to help make things right.
You will be responsible for returning the items within 14 calendar days and refunds will be paid within 5 working days after we receive your returns.
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Replacements
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The experience of you and your baby is why we are here. If any of your items arrive damaged please report this to us and include photos in the ticket submission and we will arrange a replacement. Blemishes to packaging can happen so will not be considered as part of a damaged item. For replacements please e-mail: hello@bakewithmybaby.com
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Cancellation
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To cancel your subscription at any time, you must do one of the following at least 48 hours prior to your next scheduled renewal date to avoid charge: Update your user account at bakewithmybaby.com or email support at: hello@bakewithmybaby.com. If your payment has already been processed, we will offer an immediate and full refund.
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Your Subscription Contract
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By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All subscriptions will automatically have their renewal date moved to the 25thof the following subscription period. We reserve the right to revoke your subscription at any time. Membership is void where prohibited by law.
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Product Information; Limitation on Quantities
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Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. If we are unable to provide the goods or services ordered, we will offer an immediate and full refund.
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Risk of Loss
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Any products purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. Please note that it can take 3-5 working days within the UK from dispatch to receive your baking experience box.
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USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
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You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
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DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Bake With My Baby shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Bake With My Baby shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bake With My Baby shall immediately issue a credit to your credit card account in the amount of the charge.
Bake With My Baby has no liability for injury or damage caused by products within the subscription box. Such liability is the sole responsibility of the product brand or manufacturer.
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ENTIRE AGREEMENT
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The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
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WAIVER
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Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
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HEADINGS
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Any headings and titles herein are for convenience only.
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SEVERABILITY
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If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
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GOVERNING LAW
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Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the United Kingdom without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the United Kingdom and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
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ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: -
Purpose:
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This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and bakewithmybaby.com. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Arbitration Agreement carefully. It provides that all disputes between you and bakewithmybaby.com shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorised by applicable law). For the purpose of this Arbitration Agreement, “bakewithmybaby.com” means Bake With My Babyand its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and bakewithmybaby.com regarding any aspect of your relationship with bakewithmybaby.com, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
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Pre-Arbitration Dispute Resolution:
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For all Disputes, whether pursued in court or arbitration, you must first give bakewithmybaby.com an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Bake With My Baby Ltd, Coldbath Square, Farringdon, London, EC1R 5HL. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If bakewithmybaby.com does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
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Arbitration Procedures:
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If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre- Arbitration Claim Resolution”) either you or bakewithmybaby.com may initiate arbitration proceedings. The London Court of International Arbitration (LCIA), www.lcia.org, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the LCIA, for Disputes of less than £50,000, the LCIA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving £50,000 or more, the LCIA’s Commercial Arbitration Rules will apply. In either instance, the LCIA’s Optional Rules For Emergency Measures Of Protection shall apply. The LCIA rules are available at www.lcia.org. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
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Arbitration Award:
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The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided.
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Payment of Arbitration Fees and Costs:
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bakewithmybaby.com will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, Solicitors or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with bakewithmybaby.com as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from bakewithmybaby.com your actual and reasonable Solicitors fees and costs as determined by the arbitrator.
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Class Action Waiver:
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The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and bakewithmybaby.com specifically agree to do so following initiation of the arbitration. Neither you, nor any other Member of bakewithmybaby.com and/or user of bakewithmybaby.com services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding without having complied with the opt-out requirements above.
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Limitation of Procedural Rights:
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You understand and agree that, by entering into this Arbitration Agreement, you and bakewithmybaby.com are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and bakewithmybaby.com might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
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Severability:
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If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
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Continuation:
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This Arbitration Agreement shall survive the termination of your contract with bakewithmybaby.com and your use of bakewithmybaby.com services.
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Taxes:
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Your total price will include the price of the product plus any applicable sales tax; such local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.
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International Use:
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We control and operate the Site from the United Kingdom. We make no representation that materials on the Site are appropriate or available for use outside the United Kingdom. If you choose to access this Site from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in Great British pounds. Any subscriptions under an incorrect plan will be cancelled and any applicable charges refunded without notice to the subscriber.
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Notice:
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Bake With My Baby may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
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Use of Site:
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Use of the Site for any illegal or unauthorised purpose is strictly prohibited.
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Indemnification:
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You agree to indemnify, defend, and hold harmless Bake With My Baby, its officers, directors, employees, agents and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
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Privacy:
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Registration data and certain other information about you are subject to our Privacy Policy.
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GENERAL CONDITIONS
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We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website. All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Great British Pounds (GBP £). We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.