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Terms and Conditions
Please read all these terms and conditions carefully, as they constitute a binding agreement between you and Brownie and the Bean Ltd.   Welcome to www.brownieandthebean.com   This website is owned and operated by Brownie and the Bean Limited (“Brownie and the Bean Ltd”). These Terms and Conditions will apply to the purchase of goods by you (the Customer or you).  We are Brownie and the Bean Limited (the Supplier, us, our, or we), a company registered in England and Wales under number 11972831 whose registered address is at Fullmoon House, Half Moon Lane, Redgrave, Suffolk, IP22 1RX and our email address info@brownieandthebean.com. This website is directed at users of the age 18 and older.  You can only use this website and purchase goods from the website if you are eligible to enter into a contract and are at least 18 years old.  We do not sell alcoholic products to anyone under the age of 18, as per the licensing Act 2003.  Refusal of a sale or delivery is at our discretion.  To place an order for items containing alcohol, you confirm that you and the intended recipient(s) are at least 18 years of age. By placing an order with us, you agree to be bound by these Terms and Conditions.  By accessing the website or by using any of its services, you indicate (i) you have read, understood and agree to be bound by this agreement and (ii) you are at least 18 years old and entering into this agreement for yourself.  Should you have any questions regarding the Terms please contact us at info@brownieandthebean.com   The Service Our service is only available to individuals that are able to be bound leally by contacts under the applicable law. Users of the website must have their own valid credit or debit card and a valid email address for the purpose of making contact regarding their order.  Users should refer to the website for a list of credit and debit card types accepted by the website.  Access to our website is permitted on a temporary basis; we reserve the right to withdraw or amend the service we provide on our website without notice (see below).  We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time it may become necessary that we restrict access to some parts of our website, or to our entire website, to users that have registered with us. Within our website we make use of anti-virus protections, and it is your obligation to ensure that any use you make of our site is free of any virus, Trojan horse, worm, or any other items of a destructive nature.  You will not hold us responsible for any damages that result from your accessing the website, including any software or systems you use to access the website.   Purchase of Products Our website permits you to purchase products from the website.  Purchases can be made and are permitted strictly pursuant to the Terms and Conditions detailed herewith. The order process is set out on the website.  Each step allows you to check and amend any errors before submitting the order.  It is your responsibility to check that you have used the ordering process correctly and provided the correct information. Placing an order constitutes an offer to us to buy a product.  After placing an order, you will receive an email confirmation from us.  The email confirmation notifies you of acceptance of your order.  This acceptance confirmation forms our invoice. If you notice mistakes in the order confirmation, you must notify us at info@brownieandthebean.com immediately but not later than 9am the day your order is due to despatch. Orders cannot be processed until payment in full for the products ordered has been received by us, at which time a legally binding agreement on the terms set out in this document will become immediately effective. Changes needing to be made to orders can be requested 24 hours before your order is due to despatch by contacting us at info@brownieandthebean.com.  We will endeavour to accommodate changes but cannot guarantee all changes will be accommodated. The description of the goods is as set out in the website or any other form of advertisement.  Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.  In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.  All goods which appear on the website are subject to availability.  We may from time to time need to make changes to the goods which are necessary to comply with any applicable law or safety requirement.  We will notify you of these changes.   Delivery Orders placed before 9am for postal delivery are despatched on the same business day.  Orders received after 9am for postal delivery are despatched on the following business day.  You can also choose a later date for your delivery.  All postal orders are sent via our third party courier APC for Next Day delivery.  As our brownies are perishable goods, our courier is instructed to “leave safe” if the recipient is out. Wherever possible, please try to ensure your recipient is in on the day of delivery.  Your order will arrive any time between 9am and 5:30pm on your chosen delivery day. Please contact your local APC depot (which can be found using the search engine on their website https://apc-overnight.com) and let them know as soon as possible if your order has not arrived within the time frame. If you have no response, please contact us at info@brownieandthebean.com.  Please note that delivery dates could be affected by Public or Bank Holidays. Also please allow an additional day for delivery during busier periods such as Christmas and Father’s Day.  Products ordered by you can only be delivered to the delivery address provided by you to us. We do not deliver to addresses outside England, Wales, and Scotland (excluding The Highlands). Should you wish to place orders within the UK for areas not listed above, please contact our office directly at info@brownieandthebean.com for tariff information.   Price and Payment We accept payment online by credit or debit card in a secure environment.  We accept Visa, MasterCard, Delta, Switch/Maestro, Solo and PayPal payments.  All transactions are made in British Pounds Sterling (£).  All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.  If the issuer of your payment card refuses or otherwise does not authorise payment to us, we will not be liable for any delay or non-delivery of the products ordered. Prices quoted on the website are valid at the time of publication and are shown in British Pounds Sterling (£).  Where appropriate, prices are inclusive of UK sales tax (VAT) at the current rate and do not include delivery costs, which are calculated before the completion of your order. Prices may change from time to time, but changes made to pricing do not affect orders that have already been paid for and where an invoice has been issued. In the case of obvious errors on our website, we are under no obligation to provide the product to you at the incorrect price if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as incorrect.   Return, Refund and Cancellation Policy Cancellations for standard orders must be made 24 hours in advance of your despatch date by contacting us at info@brownieandthebean.com.  We require 48 hours’ notice of cancellation for special and large orders. Should you find on receipt of your order the products are not those ordered by you (examples include incorrect items or incomplete orders) or if a product is damaged when you receive it, please photograph the issue and notify us immediately with details and images at info@brownieandthebean.com. If a product is not as on the order confirmation or arrives damaged, we will credit or refund your purchase.  In case of damaged goods, you must retain the products and all packaging for inspection by us.  Subject to our review of the claimed damage and to the Terms, we will refund the price you paid together with all postage paid.  We will have no liability to you for any indirect loss. Refunds will only be made to the same payment provided at the time of ordering. We endeavour to represent all our products as accurately as possible on the website to ensure the actual product you receive is as close as possible to the images shown on the website.  However, every item is handmade and differences will be evident between the product you receive and the images on our website.  Therefore we do not accept returns of any items with reasonable variances between the images on the website and the product you receive. We do not accept returns of any products that have been not been purchased from our website or purchased directly from us at craft fairs and pop up locations. Provisions of this section of these Terms and Conditions do not affect your statutory rights.   Personal Information It is our responsibility to provide accurate personal information and to keep this information updated as necessary to ensure accuracy.  You undertake that all the details you provide us with for the purpose of selling and delivering products to you are correct and that the payment form you use is your own or that of a third party that has given you full permission and authority to use it and that sufficient funds are available to cover the costs of the products ordered. We do not store your credit card or debit card details anywhere on our site. You must ensure your email address is current and accurate for certain functions of the website to be available to you.  We only use your personal information in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) [Amendment] Regulations 2011 and our own Privacy and Cookies policies. You must ensure the confidentiality and security of your personal information including and importantly your user name and password.  You will keep safe your login details and will not share your username or password with others and will notify us immediately of any unauthorised use of your details.  We will not be responsible for any losses arising out of the unauthorised use of your username and password and you agree to hold us harmless for an improper, unauthorised, or illegal use of the same. We may need to contact you regarding your order or your account by using email or other electronic communication methods or by prepaid post, and by using this site and providing your personal contact details you expressly agree to this.   Privacy Your privacy is critical to us.  Brownie and the Bean Ltd. respects your privacy and we comply with the General Data Protection Regulation with regard to your personal information.  These Terms and Conditions should be read alongside – and are in addition to – our policies, including our Privacy Policy and Cookies Policy. Where you supply personal data to us so we can provide goods to you, and we process that personal data in the course of providing goods to you, we will comply with our obligations imposed by the data protection laws:
  • before or at the time of collecting personal data, we will identify the purpose for which information is being collected
  • we will only process personal data for the purposes identified
  • we will respect your rights in relation to your personal data
  • we will implement technical and organisational measures to ensure your personal data is secure
For any enquiries or complaints regarding data privacy, you can email us at info@brownieandthebean.com.   Intellectual Property The content within all pages of this website (including pictures, designs, logos, photographs, text written or otherwise and all other materials) are the copyright trademark or registered trademark of Brownie and the Bean Ltd or its content and technology providers or their respective owners.  ALL RIGHTS RESERVED.  You may not copy, duplicate, distribute, sell, market and translate any information from the website without receiving prior explicit written consent from Brownie and the Bean Ltd.  Trademarks (registered or not) appearing on the website, including Brownie and the Bean Ltd and its domain name are the sole property of Brownie and the Bean Ltd and may not be used without prior written consent from Brownie and the Bean Ltd.   Changes and Availability Brownie and the Bean Ltd may from time to time change its website in terms of structure, layout, design, or display as well as the scope and availability of information and content within, without giving any prior notice.  Changes such as these may result in glitches or have the potential to cause inconvenience of some kind.  You shall not have any plea, claim or demand whatsoever against Brownie and the Bean Ltd ensuing from the introduction of these changes or from glitches experienced or any failure resulting from the introduction of these changes.  The website depends on different factors including software, hardware and communication networks of Brownie and the Bean Ltd, its contractors and suppliers.  These factors are not fault-free or tolerant, hence Brownie and the Bean Ltd cannot guarantee that the website will be undisturbed, will be timely, secure or error free.    Complaints The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute arises, customers should contact us at info@brownieandthebean.com to find a solution.  We will endeavour to respond with an appropriate solution within 5 business days.   Disclaimer & Limitations of Liability Brownie and the Bean Ltd does not seek to exclude or limit liability for damage, loss, costs, expenses, death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation and you agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments arising from or concerning any breach by you of this agreement and/or these Terms and Conditions for your use of the website and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof. You acknowledge and agree that this website is provided for use “as is”; therefore you will not have any plea, claim or demand against Brownie and the Bean Ltd in respect of this 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.  Brownie and the Bean Ltd does not warrant 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 throughout the website is at your own risk.   Termination of Operation Brownie and the Bean Ltd may at all times, in its sole discretion, terminate the operation of its website, or any part thereof, temporarily or permanently.  Brownie and the Bean Ltd may not give any notice prior to the termination of the website.  At any time, certain content or services may be blocked, removed, or deleted without maintaining any backup copies. You agree and acknowledge that Brownie and the Bean Ltd does not assume any responsibility with respect to, or in connection with, the termination of the website’s operations and loss of any data as a result.   Risk and Title Risk of damage to, or loss of, any products will pass to you when the products are delivered to you.   Governing Law, Jurisdiction and Complaints These Terms will be governed and construed in accordance with UK laws.   Amendments to Terms and Conditions Brownie and the Bean Ltd may need to, from time to time, revise the Terms, including documents, forms and policies incorporated thereto.  Substantial changes will take effect 30 days after an initial notification is posted clearly on the website’s home page or any other relevant pages of 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 – in such cases 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.  Continuing to use the website will indicate your acceptance of the amended terms.  If you do not agree with the amended terms then you must avoid any further use of the website.     Last updated: 09-June-2021