Terms

  1. Legal

These are the terms and conditions which apply to your use of this website. Please read them carefully. By proceeding with access to this website you are deemed to have accepted these terms and conditions. If you do not agree with these terms and conditions, then please refrain from using this website.

Please note that this website is intended for use by residents of the United Kingdom whilst in the United Kingdom only. It is not applicable to residents/investors of other countries because the law in other countries may restrict the distribution of the information and products on this website.

For the avoidance of doubt none of the information on this website constitutes an offer to contract in any country in which it is accessed, including (without limitation), the United Kingdom.

  1. General

This website is provided by Blue Fuchsia Ltd. (trading as Blue Fuchsia) of 5 Cosford Close, Kingsway, Gloucester, GL2 2BQ (company registration number 6979369).

This website may also contain hypertext links to websites operated by other third parties. The responsibility for those websites belongs to the third parties who are identified as operating those websites. Separate terms and conditions will apply to those websites and you are encouraged to read those if you access those links.

  1. Availability

Blue Fuchsia will endeavour to ensure that this website is accessible for 24 hours a day but will not be liable if‚ for any reason‚ the website is unavailable for any time or for any period. Blue Fuchsia will have the right to suspend access to this website temporarily or permanently and without notice.

Blue Fuchsia will not be liable for any loss or damage arising in contract‚ tort or otherwise if this website is unavailable or is suspended for any reason.

  1. Information

The information contained on this website is provided for information purposes only and Blue Fuchsia will use reasonable care and skill to ensure that it is accurate at the date of publication. However‚ because of the nature of the Internet‚ there may be circumstances in which errors occur within the information. Consequently, Blue Fuchsia makes no warranty as to the accuracy of any information on this website and cannot accept liability for any errors or omissions within it.

  1. Website Use Terms and Conditions

You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

  1. Purchases

Provided that you meet the minimum criteria in the sign up process you may register as a Blue Fuchsia website member free of charge. If you register as a Blue Fuchsia website member, all the relevant terms of these Terms and Conditions shall apply.

You may submit orders online at any time. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.

No order is accepted from you until your receive an order confirmation email from Blue Fuchsia.

  1. Free or discounted offers & promotion codes

Free or discounted offers are available only once to any one person.

You must have internet access and valid payment details to redeem a free or discounted offer.

Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.

Blue Fuchsia can withdraw and offer or promotion at any point in type through notification on this website.

  1. Payments

You will be charged at the time you confirm your order and submit your payment details.

You agree not to hold us responsible for banking charges incurred due to payments on your account.

  1. Delivery

Items can only be delivered to the following postcodes, unless by prior arrangement: All GL postcodes, BS1, BS10, BS11, BS16, BS2, BS3, BS30, BS32, BS34, BS36, BS4, BS5, BS6, BS7, BS8, BS9, BS99, BS35, BS37, HR8, HR9, NP25, WR13, WR14. It remains your responsibility to ensure when placing an order that your delivery address falls within one of these postcodes. If you place an order for delivery outside of these postcodes without prior consent from Blue Fuchsia, Blue Fuchsia will refund your payment but will deduct any costs incurred including Paypal fees.

Items will be dispatched for delivery to you on your chosen delivery date, provided this is at least 3 days latter than the date you confirm your order. We cannot however guarantee that your items will arrive on your chosen delivery date.

We currently use Royal Mail, DHL and our own local delivery service, to deliver items to you. Actual delivery times may vary for you depending on; your delivery address, circumstances impacting delivery by the Royal Mail, DHL or ourselves.

We reserve the right to use alternative delivery methods without prior notification.

You will not hold us responsible for any delays, outside our control, which relate to the delivery of your items.

It is your responsibility to report all lost cake deliveries to us within 2 days of the requested delivery date, and within 7 days of the requested delivery date for all other items.

  1. Cancellation

You can cancel your order until 18:00 GMT three days prior to your chosen delivery date (for example before 18:00 GMT on Tuesday for a delivery due following Friday). Bespoke cake orders can be cancelled before 18:00 GMT two weeks prior to your chosen delivery date, however your deposit will not be returned. If you cancel your bespoke cake order later than 2 weeks prior to your chosen delivery date you will be liable for payment of the full cake price. You cancellation is accepted only on a written confirmation receipt by Blue Fuchsia. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the deadline. Any payments you have made for orders which have been properly cancelled will be recredited to you.

Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.

  1. Cancellation writes under the Distance Selling Regulations

Under the Distance Selling regulations you have the legal right to cancel your order within seven working days of receipt of the goods (with the exception of products which have be opened or have date expired while in your possession). This right of cancellation does not extend to any orders for cakes as these are excluded under Regulation 13 as they are perishable goods. You must notify us prior to you returning any items and you must arrange for your own courier to return the goods. The goods must be returned in a satisfactory condition .

  1. Disclaimer of warranties and limitations on liability

Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit Blue Fuchsia Ltd's liability for;

    1. Fraud
    2. Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977).
    3. Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
    4. Liability to the extent the same may not be excluded or limited as a matter of law.

Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.

  1. Damaged or defective items

You must inspect the products on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.

  1. Indemnity by you

You agree to indemnify and hold Blue Fuchsia Ltd. and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.

  1. Security

Blue Fuchsia will take all reasonable steps to ensure that any information you provide via e-mail or online ordering on this website is kept secure‚ but please remember that‚ because of the nature of the Internet‚ the security of emails cannot be guaranteed. Consequently, your privacy cannot be guaranteed. There is no guarantee that any emails or online orders sent will be received by us.

We process information about you in accordance with our Privacy Statement. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Additional information regarding the security of personal data‚ and the use of cookies is available in our Privacy Statement.

Blue Fuchsia shall not be liable for any loss of use, profits, savings or data or any indirect, special or consequential damages or losses, whether such losses arise in contract, negligence or tort, including without limitation, any losses in relation to your use of, reliance upon or inability to use this website.

  1. Copyright and other Intellectual Property Rights

Blue Fuchsia owns the copyright and all other intellectual property rights existing on or within this website (including the Blue Fuchsia logo and all images of cakes).

You are not permitted to download‚ print‚ redistribute or extract any information from this website other than for your personal‚ non-commercial use and not for any purpose that damages our reputation or takes advantage of it.

You are not permitted to reproduce‚ modify or in any way change any of the information available on this website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You may link to our home page, provided you do so in a way that is fair and legal does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

Our status (and that of any identified contributors) must always be acknowledged as the authors of material on our website.

  1. Data Protection and Privacy

Any personal information you supply to Blue Fuchsia via this website will be treated in accordance with the Data Protection Act 1998.

Additional information regarding the privacy of personal data‚ and the use of cookies is available in our Privacy Statement.

  1. Hypertext links from this website

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Blue Fuchsia cannot warrant that this website is free of viruses or technical defects of any description‚ and accepts no responsibility for any technical problems arising from your use of this website.

We may revise these terms and conditions use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions of use may also be superseded by provisions or notices published elsewhere on our website.

  1. Applicable Law

Blue Fuchsia has established this website in England. We have chosen the laws of England and Wales to apply to this website and for any dispute to be heard by the Courts of England and Wales. However, Blue Fuchsia recognises that you are free to choose the laws and jurisdiction of Scotland, or Northern Ireland if you are resident there and wish to do so.

  1. Your concerns

If you have any concerns about material which appears on our website, please contact info@bluefuchsia.co.uk.