Bread By Bike Delivery - Terms and Conditions

 

Bread By Bike Delivery is the delivery service owned and operated by Bread By Bike Ltd.

Access to Bread By Bike Delivery (“the service”) is [made available via your account on MoonClerk “your account”] subject to registration and the following terms and conditions ("Terms and Conditions"). Your use of the service constitutes your acceptance of these Terms and Conditions on behalf of yourself and of any user that you authorise to use your device to access the service, or your account, including your minor children. If you are accessing the service or your account as an employee or representative of a company or organisation, these Terms and Conditions are binding upon both you individually and that company or organisation, and references to “you” or “your” shall apply to you individually and to such company or organisation.

 

1 Registration

1.1 You are registering as a user of the Bread By Bike Delivery service. By registering with us, you represent and warrant that you have the capacity to understand, agree to and comply with these Terms and Conditions.

1.2 You shall provide, true, accurate and complete registration and ordering information. All information you submit to us will be treated in accordance with these Terms and Conditions.

1.3 Access to the service is via your username and a secure link, which is personal to you. You shall not allow your username to be used by anyone else, and shall not permit or assist anyone who is not a registered user to gain access to any part of your account. You shall immediately notify us if a third party obtains your username and/or the secure link by emailing us via info@breadbybike.com.

1.4 Our privacy policy can be viewed online at http://breadbybike.com/privacy.

1.5 We reserve the right to refuse the registration of a potential customer, or to terminate, suspend or otherwise restrict the registration of a customer, at any time for any reason whatsoever.

2 Making a purchase

2.1 To make a purchase, simply choose the items that you wish to order on the Bread By Bike Delivery webpage. After you have finished your selection, please click on “next" and you will be asked for payment details to complete your order.

2.2 There is a cut-off time for new or amended orders: 5pm on Friday for deliveries going out in the following week. Amendments to, or cancellations of, orders can be made by email (info@breadbybike.com) up to 48 hours before the delivery time.

2.3 Any purchase you make of a subscription on the Bread By Bike website is an offer by you to purchase such products (subject to these Terms and Conditions), and acceptance of any purchase is at our sole discretion. A purchase of a subscription is deemed to have been accepted only when you receive an email confirmation to this effect.

2.4 While Bread By Bike will use its best efforts to ensure that an accepted order is correctly and satisfactorily fulfilled, we reserve the right to decline to fulfil an accepted order in whole or in part if we are unable to supply some or all items of an order because of unavailability or any unforeseen change of the products, or in the event of bad weather, traffic and/or any uncontrollable or unexpected conditions. In such cases, we will endeavour to contact you to amend or otherwise discuss your order. Should you have any difficulty in placing your order online, please email info@breadbybike.com.

2.5 You will be liable for every order made under your username, and you agree to indemnify Bread By Bike for all claims arising from or relating to any such order (including the unauthorised use of your user name or account by a third party).

2.6 Bread By Bike reserves the right to decline to accept any order we may consider unreliable based on the user’s history.

2.7 Bread By Bike attempts to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Bread By Bike website is accurate, complete, current, or error-free. All weights and size dimensions are approximate. If a product offered by Bread By Bike is not as described or pictured, your sole remedy is to return it for a refund. In the event of an error, whether on the Bread By Bike website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged.

2.8 We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Bread By Bike website or Bread By Bike Delivery service or any portion thereof, with or without notice. You agree that Bread By Bike shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or service.

3 Price and payment

3.1 Prices are set out on the Bread By Bike website. Prices and availability information are subject to change without notice.

3.2 We accept payment via the online payment system. By using this system, you represent and warrant that you have obtained your credit or debit card legally and have the capacity to enter into an online payment transaction. Payment will be charged against your card at the time of order. Your initial payment will cover your first week’s deliveries. Payment for all subsequent weeks will be taken on the Monday of that week. Amendments to, or cancellations of, orders can be made online up to the cut-off times set out at clause 2.2. For all payment inquiries, please contact your credit or debit card issuing bank.

4 Delivery

4.1 The minimum order per delivery is 1 loaf.

4.2 Delivery service is available only to areas within a certain radius of the Bread By Bike bakery, 30 Brecknock Road, London N7 0DD. Please see the order page for further information.

4.3 Products will be delivered to the address provided by you at the time of making an order (or by amending your order to provide an alternative delivery address, providing this is done before the cut-off time set out in clause 2.2 above). Deliveries through a company account will only be made to the address provided by the company upon order. Bread By Bike will not be responsible for deliveries to an incorrect or outdated address.

4.4 Deliveries shall be received by the individual customer, or an authorised representative of the corporate customer, at the time of delivery, or placed in a secure collection area according to the customer’s instructions. Receipt by an authorised representative of the customer, or the customer themselves, constitutes acceptance of delivery of a complete and satisfactory order.

4.5 If any part of an order is found to be missing or incorrect, or the order is rejected on delivery, you agree to inform us immediately by emailing info@breadbybike.com.

4.6 Delivery service may be delayed in the event of bad weather, traffic and/or uncontrollable or unexpected conditions.

5 Terms of supply

5.1 Bread By Bike’s products are supplied strictly for direct customer use. Under no circumstances is our food to be re-sold to a third party or offered at subsidised or inflated rates to a third party.

5.2 Customers will comply with any instructions and recommendations of Bread By Bike in relation to the storage and use of the products (for example and without limitation, use-by dates).

6 Allergy warning

Bread By Bike’s products may contain traces of nuts and other allergens.

7 Cancellation

You can cancel an order online until the cut-off time, which is 48 hours prior to delivery. This can be done by email to info@breadbybike.com. You will not be charged for any orders duly cancelled in accordance with this clause. Any payment made for an order cancelled prior to the cut-off time will be reimbursed using the same method you used to pay for your order. Any order cancelled after the cut-off time will be charged to you. Bread By Bike will determine whether the cancellation has been made before the cut-off time at its sole discretion.

8 Collection of Data and Privacy Policy

8.1 Bread By Bike’s Privacy Policy applies to any personal information, including but not limited to, first and last names, phone numbers, credit/debit card information, and postal addresses and email addresses, which are voluntarily submitted by you when registering with us and when ordering from us. Such personal information collected from you will be used for processing and following up your orders and payments and for other directly related purposes. You may view and/or correct your personal information in your account at any time.

8.2 By registering an online account, and unless you opt-out of communications as provided below, you agree that we may send you communications with respect to offers or promotions in relation to Bread By Bike’s food, beverages, delivery services and related products.

8.3 If at any time you decide you no longer wish to receive marketing communications from us, you may opt-out by emailing us at info@breadbybike.com.

8.4 Please refer to our privacy policy (which forms part of these Terms and Conditions) to see how we collect, use and disclose personal information that we may collect from you. Our Privacy Policy can be viewed online at http://breadbybike.com/privacy.

9 Liability

9.1 The liability of Bread By Bike in contract, tort (including, without limitation, negligence) or otherwise in respect of any products delivered through, or otherwise in connection with an order, or for any loss, injury or damage attributable directly or indirectly to your use of the Bread By Bike website or the Bread By Bike Delivery service arranged through such site will, at the sole discretion of Bread By Bike, be limited to: (a) delivering replacement products (at Bread By Bike’s expense for the unsatisfactory order); or (b) refunding any sums paid to Bread By Bike for the unsatisfactory order.

9.2 Bread By Bike shall not be liable (whether or not caused by Bread By Bike’s negligence) for any direct, indirect, incidental, special or consequential damages, including for loss of revenue, profit, goodwill, or opportunity suffered or incurred by any customer, third party or other person or company in respect of any products delivered through, or otherwise in connection with an order on or your use of, the Bread By Bike website or the Bread By Bike Delivery service arranged through such site.

9.3 Bread By Bike shall not be liable for any loss, injury or damage (including any damages arising under contract, tort (including, without limitation, negligence) or otherwise) attributable directly or indirectly to any use of or inability to use the Bread By Bike website by any users including (but not limited to) (i) any inaccessibility or malfunctioning of the Bread By Bike website; (ii) any errors, mistakes, or inaccuracies of content (including price, ingredients, and availability) of the Bread By Bike website; (iii) any personal injury or property damage (including damage to computer or mobile device) of any nature whatsoever resulting from access to and use of the Bread By Bike website or the Bread By Bike Delivery service arranged through such site; (iv) any unauthorised access to or use of the Bread By Bike website and/or any and all personal information stored therein; or (v) any bugs, viruses or the like which may be passed to your computer from the Bread By Bike website.

9.4 In no event shall Bread By Bike be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, fires, war, riot, civil commotion, floods, storms, explosions, transportation delays, acts of terrorism, acts of God, or delays or non-performance by third parties.

10 Termination

10.1 You can withdraw your registration by emailing info@breadbybike.com.

10.2 We reserve the right to terminate, suspend, or otherwise restrict your access to the Bread By Bike website or your use of the Bread By Bike Delivery service through such site at any time with or without notifying you in advance should you not operate your account in accordance with these Terms and Conditions or for any other reason whatsoever.

11 Use of the Bread By Bike website

11.1 You agree to abide by all applicable laws and regulations and are solely responsible for your acts or omissions in the course of your use of the Bread By Bike website. You agree not to (i) create a false or misleading identity of a user of the Bread By Bike website; (ii) interfere with another user's use and enjoyment of the Bread By Bike website; (iii) attempt to gain unauthorised access to the Bread By Bike website or other accounts, computer systems or networks connected to that site; (iv) collect email addresses, passwords or other personal information of other users of the Bread By Bike website; (v) transmit, email or post any material that contains software, viruses or such programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or device; (vi) or otherwise known reformat or frame any portion of the Bread By Bike website; (vii) use the Bread By Bike website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Bread By Bike website or our services; or (viii) engage in any other action that, in the sole discretion of Bread By Bike, exposes Bread By Bike, other users of the Bread By Bike website, or any other third party to potential liability or detriment of any type.

11.2 We reserve the right to change the information, services and resources available on the Bread By Bike website or as part of the Bread By Bike Delivery service at any time with or without notifying you in advance.

12 Use of material appearing on the Bread By Bike website

All rights in the Bread By Bike website design, computer codes, text, audio, videos, photos, trademarks, images, graphics and other content, interfaces, and the selection and arrangements thereof (the "Materials") belong to Bread By Bike or its licensors. You may print or download portions of the Bread By Bike website and make copies of the Materials for your own personal use only. Any other use (including without limitation any further reproduction, storage or transmission to anyone) of any Materials without our prior written permission is strictly prohibited. All concepts and systems relating to the Bread By Bike website shall at all times remain the property of Bread By Bike.

13 Changes to these Terms and Conditions

13.1 Bread By Bike reserves the right to change these Terms and Conditions at any time, effective immediately upon our posting of any such change. Your continued use of any part of the Bread By Bike website after any such change will constitute your acceptance of any such change. You should therefore regularly visit these Terms and Conditions to ensure that you keep up to date with your rights and obligations under these Terms and Conditions. If any change is considered in the reasonable opinion of Bread By Bike to be material, notice of the change will be emailed to all registered users of the Bread By Bike website at their registered email address.

13.2 If you do not wish to accept a change, you should immediately withdraw your registration to, and terminate your use of, the Bread By Bike Delivery website.

14 Disclaimer

THE BREAD BY BIKE WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES ADVERTISED ON SUCH SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAD BY BIKE AND ITS SUPPLIERS AND AFFILIATES  DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

15 Indemnity

YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD BREAD BY BIKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH ANY OF THEM, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LAWYERS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE BREAD BY BIKE WEBSITE; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF BREAD BY BIKE OR ANY THIRD PARTY. We reserve the right to assume the sole control of the defence and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with Bread By Bike with respect to such defence and settlement.

16 Jurisdiction

16.1 These Terms and Conditions (including the Privacy Policy) shall be governed by and construed in accordance with the laws of England and Wales, without regard to choice of law principles.

16.2 The Bread By Bike website is controlled within England. Those who choose to access the website from locations outside England and Wales do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

16.3 If for any reason a court finds any provision of these Terms and Conditions (including the Privacy Policy) to be invalid, illegal or unenforceable, the remainder of these Terms and Conditions (including the Privacy Policy) will continue and have full force and effect.

17 Entire Agreement

These Terms and Conditions (including the Privacy Policy) set forth the entire understanding and agreement between you and Bread By Bike with respect to the subject matter hereof. Headings are for reference only and in no way limit the scope of such section. Our failure to act with respect to any breach by you of these Terms and Conditions (including the Privacy Policy) does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms and Conditions (including the Privacy Policy) without the prior written consent of Bread By Bike, and any assignment or transfer in violation of this provision shall be null and void.

18 Contacting us

If you have any questions regarding these Terms and Conditions, please email us at info@breadbybike.com.

These Terms and Conditions are valid as of 9 April 2018.