‘We’, ‘us’ or ‘our’ means Burneys Limited of Back O’Th Bank House, Hereford Street, Bolton, BL1 8HJ (company number 00278733); and

‘You’ or ‘your’ means the person buying goods from us.

Who are we?

Burneys Limited is part of the Warburtons group of companies.  We are a manufacturer of quality products such as rolls, bread and cakes.

This document describes all of the legal T&Cs related to the sale of cake products (the goods) by us to you. There are also separate terms related to the use of our website (below) and our privacy policies (set out separately).

1. Introduction

1.1 If you buy goods on our site you agree to be legally bound by this contract.

1.2 This contract is only available in English. No other languages will apply to this contract.

1.3 When buying any goods you also agree to be legally bound by our website terms and conditions.

1.4 When you buy the goods, you will be providing your personal data to a third party to enable them to process payments and orders on our behalf.

1.5 We will collect your name, address, phone number, email address, products ordered and notes added to the order by you in order to ensure that your order can be picked and sent to you. We will pass the same details to our delivery provider

1.6 Our privacy policy sets out how we will handle and manage your personal data.

2. Ordering goods from us

2.1 Below, we set out how a legally binding contract between you and us is made.

2.2 You place an order on our website by choosing the products you want, entering your address and payment details and then these terms and conditions will apply. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before finally making payment.

2.3 Third party suppliers will then process your payment. We do not have access to your payment card details.

2.4 We will accept and confirm your order by email. When we send you this confirmation email, we will then be legally obliged to supply the goods to you.

3. Right to cancel

3.1 As the goods are perishable, there is no right to automatically cancel the contract for convenience.  Once your order has been made and confirmed by us, we will proceed to fulfil it.

3.2 You may only reject the goods if they are not fit for purpose, not of satisfactory quality or not as described by us.

4. Delivery

4.1 We use a recognised delivery service, DPD, to deliver our goods to you.

4.2 The goods should normally arrive within 48 hours of placing the order, or on the delivery date you selected prior to checkout. This is an estimated time of delivery only and they may arrive later depending on the time of production and the availability of collection and delivery services.  

4.3 Delivery of the goods will take place when they are delivered to the address that you provided on our website.

4.4 You agree that if you are not at home when the delivery is made, that the goods may be left at your property. Delivery of the goods will take place when they are delivered to the address that you provided on our website or when they have been returned to the depot by DPD. You will not be required to sign for the goods.

4.5 You are responsible for risk of loss or damage to the goods when delivery has taken place. In other words, the risk in the goods passes to you when they are left at your property or returned to the depot.

4.6 We do not make deliveries to any addresses outside of Great Britain. We do not deliver to Northern Ireland, Channel Island, Isle Of Man or Scottish Highlands, as per our delivery policy.

5. Payment

5.1 All main debit cards will be accepted including visa debit and mastercard. We also accept GooglePay and Apple Pay.

5.2 Your card will be charged at the time of checkout.

5.3 All payments by card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

5.4 The price of the goods:

5.4.1 is in pounds sterling (£)(GBP);

5.4.2 includes VAT at the applicable rate; and

5.4.3 does include the cost of delivering the goods Tuesday-Friday, providing your order reaches the free delivery threshold. (Additional delivery costs will be separately set out on the website).

6. Nature of the goods

6.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods must:

6.2 We must provide you with goods that comply with your legal rights.

6.3 The packaging of the goods may be different from that shown on the website.

6.4 If you believe that the goods are not of satisfactory quality or not fit for purpose, you should contact the Customer Care team. Details are set out in clause 9.2.  Wherever possible, you should keep evidence of why the goods are defective – this may include retaining a sample of the goods or taking pictures of the goods or both.  Our Customer Care team will work with you to resolve the dispute.

7. Faulty goods

7.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

8. Limit on our responsibility to you

8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

8.2 Except for any liability which can not be excluded as a matter of law, our liability is capped at the price of the goods supplied to you (before delivery costs are applied).

9. Disputes, Complaints & Law

9.1 We will try to resolve any disputes with you quickly and efficiently and we aim to reply to all emails within 5 working days

9.2 You may email us at contactus@elliewarburtonscakes.co.uk in relation to any concerns.

9.3 If you are unhappy with:please contact us as soon as possible.

9.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

9.5 If you want to take court proceedings, the courts where you live in the United Kingdom will apply.

9.6 The laws of England and Wales will apply to this contract

9.7 These terms and conditions set out the entire agreement and understanding between us in respect of its subject matter.

10. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

These terms and conditions of use apply to the use of this website. By using this website you are bound by them.

Website operator

This website is operated by BURNEYS LIMITED (registered number: 00278733) whose registered office is at Back o’ th’ Bank House, Hereford Street, Bolton, Lancashire BL1 8HJ (“Warburtons”).

Conditional Use of this Site

1. Your access to and use of this website and its contents is subject to these terms and conditions and all applicable laws.
2. Warburtons may terminate access to and any use of this website at any time for any reason.
3. Your use of this website is at your own risk.

Materials on site

1. This website contains material which is owned by or licensed to either Burneys or Warburtons Limited. This material includes, but is not limited to, the design, layout, look, appearance and graphics of this website and our products. It is protected by intellectual property laws including, but not limited to, copyright.

2. You may view, use, download and store the material on this website for personal, non- commercial and educational research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties is not permitted without our prior written permission.

3. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Accuracy of information

1. The information in this website is given in good faith, but it is subject to change without notice. Warburtons is not responsible for any inaccuracies: except that where we describe products, the information provided will be true and accurate to the extent known by us and to the best of our knowledge and belief.

2. Except in relation to any product descriptions, you should not rely on any other information on this website. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.

Linking

1. This website contains links to other websites. Burneys accepts no responsibility or liability for the content of other websites which are not under its strict control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Burneys of that other website.

2.You may not create a link to this website from another website or document without our prior written consent.

Liability

1. Burneys does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.

2. This website and its contents are provided for information purposes only and Burneys does not guarantee that it is completely up to date or free from mistakes.

3. Burneys does not guarantee that this website or its contents are free from viruses, bugs, denial of service attacks or other malicious or harmful material.

4. Except as set out in paragraph 5 below, Burneys will be under no liability to you whatsoever whether in contract, (including negligence), breach of statutory duty, or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus.

5. These terms and conditions do not exclude its liability (if any) for death or personal injury resulting from Burneys’ negligence, for fraud or for any matter which it would be illegal for the company to exclude or to attempt to exclude its liability. Burneys’ liability in relation to products sold by it over the website are set out in the terms and conditions of sale.

Privacy

If you provide personal details to Burneys through this website, they will be processed, used and managed in accordance with the Burneys privacy policy which can be seen by clicking on the privacy policy link. This privacy policy forms part of these terms and conditions.

Material You Send

Subject to the application of the Privacy Policy to any personal details you provide, any material you send or provide to this site shall be deemed non-confidential and non-propriety.  Burneys will not be responsible for any material any user posts or uploads to this website.

Changes

Burneys may change this website or any of these terms and conditions in full or in part at any time without notice.

Complete Agreement

These terms and conditions contain all the terms which you and Burneys have agreed in relation to the use of the website.

Software

Any software which is available to download from this website may be restricted in functionality or configured to stop operating after a specified period of time. You may use such software only on the terms and conditions contained in the licence accompanying that software.

Jurisdiction and acceptance of these terms and conditions

1. This website is controlled and operated by Burneys Limited from its offices in Great Britain. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.

2. Your continued use of this website indicates your acceptance of these terms and conditions. 

Discount Code – EWCSignup10 Terms & Conditions

1. Closing date
   Burneys Limited (trading as Ellie Warburtons Cakes) is offering a 10% discount off the cost of its products (and weekday postage, providing the order includes a box of four cakes and order value is above £16.47) that are bought through its website  www.elliewarburtonscakes.co.uk. When you sign up to the email newsletter. The EWCSignup10 discount code can be used up to and including 31 December 2023. The offer therefore ends at midnight 31 December 2023. Entries of the code after this date will not be valid.
   
   
2. Frequency of use and other limitations

1. The discount code may only be used once per customer. This will be determined by the email address used to sign up and purchase the products.

2. The discount code and the products to which it relates are subject to stock availability. Ellie Warburtons has the right to remove the discount offer where it no longer has any relevant stock or to limit the discount offer to specified products only. The discount code may only be used in conjunction with one other form of discount (automatic or manual code) or offer.

3.Ellie Warburtons is only able to deliver to certain parts of the United Kingdom. Ellie Warburtons’ delivery policy applies accordingly.

4. Your use of the discount code is subject to these terms and conditions.

Discount Code – CAKE5 Terms & Conditions

1. Closing date
   Burneys Limited (trading as Ellie Warburtons Cakes) is offering customers that subscribed its mailing list prior to 15/06/2022 a £5 discount off the cost of its products (and weekday postage, providing the order includes a box of four cakes and order value is above £16.47) that are bought through its website www.elliewarburtonscakes.co.uk.  The CAKE5 discount code has no expiry date.
   
   
2. Frequency of use and other limitations

1. The discount code may only be used once per customer. This will be determined by the email address used to sign up and purchase the products.

2. The discount code may only be used online and they can not be used in any Ellie Warburtons store, kiosk or any other physical retail outlet from which the products are sold. The discount code cannot be used in conjunction with any other manual discount code.

3. The discount code and the products to which it relates are subject to stock availability. Ellie Warburtons has the right to remove the discount offer where it no longer has any relevant stock or to limit the discount offer to specified products only.

4. Ellie Warburtons is only able to deliver to certain parts of the United Kingdom. Ellie Warburtons’ delivery policy applies accordingly.

5. Your use of the discount code is subject to these terms and conditions.

Discount – Add a 2nd, 3rd or 4th box to your order - for just £10 each Terms & Conditions

1. Closing date
   Burneys Limited (trading as Ellie Warburtons Cakes) is offering an automatic discount off the 2nd, 3rd and 4th boxes placed in one order, reducing them to £10 each, when they are bought through its website www.elliewarburtonscakes.co.uk. This offer ends at midnight 31 December 2023. Attempted uses of the code after this date will not be valid.
   
   
2. Frequency of use and other limitations

1. The discount may only be used once per order and is only valid online. It is not valid in any Ellie Warburtons store, kiosk or any other physical retail outlet from which the products are sold.

2. The discount and the products to which it relates are subject to stock availability. This offer is subject to availability and change without further notice. Ellie Warburtons has the right to remove the discount offer where it no longer has any relevant stock or to limit the discount offer to specified products only.

3. This offer excludes Spooky Cookie Dough with Caramel Treats Box.

4. Ellie Warburtons is only able to deliver to certain parts of the United Kingdom. Ellie Warburtons’ delivery policy applies accordingly.

5. Your use of the discount code is subject to these terms and conditions.

Discount Code – GOODFOOD25 & MKFEST25 Terms & Conditions

1. Closing date
   Burneys Limited (trading as Ellie Warburtons Cakes) is offering customers that attended the Northamptonshire Good Food and Drink Festival and Milton Keynes Food Festival 25% off the cost of its products (and weekday postage, providing the order includes a box of four cakes and order value is above £16.47) that are bought through its website  www.elliewarburtonscakes.co.uk. The GOODFOOD25 & MKFEST25 discount code has no expiry date.
   
   
2. Frequency of use and other limitations

1. The discount code may only be used once per customer. This will be determined by the email address used to sign up and purchase the products.

2. The discount code may only be used online and they can not be used in any Ellie Warburtons store, kiosk or any other physical retail outlet from which the products are sold. The discount code cannot be used in conjunction with any other manual discount code.

3. The discount code and the products to which it relates are subject to stock availability. Ellie Warburtons has the right to remove the discount offer where it no longer has any relevant stock or to limit the discount offer to specified products only.

4. Ellie Warburtons is only able to deliver to certain parts of the United Kingdom. Ellie Warburtons’ delivery policy applies accordingly.

5. Your use of the discount code is subject to these terms and conditions.

Discount – Free Gift Terms & Conditions

1. Closing date

Burneys Limited (trading as Ellie Warburtons Cakes) is offering a free box of two cakes (1x Coffee Cake and 1x Espresso Brownie) with every order placed through its website elliewarburtonscakes.co.uk between 20-27 November 2023. The offer ends at 9am 27 November 2023. Attempted uses of this offer after this date will not be valid.

2. Frequency of use and other limitations

1. You must click ‘add free gift’ to receive the free box of two cakes.
2. You are entitled to one free box of two cakes per order, only.
3. This offer is only valid online. It is not valid in any Ellie Warburtons store, kiosk or any other physical retail outlet from which the products are sold.
4. You must purchase a box of 4 cakes in order to claim the free gift. Orders without a box of 4 cakes will incur additional charges, such as delivery costs.
5. The offer and the products to which it relates are subject to stock availability. Ellie Warburtons has the right to remove the discount offer where it no longer has any relevant stock or to limit the discount offer to specified products only.
6. Ellie Warburtons is only able to deliver to certain parts of the United Kingdom. Ellie Warburtons’ delivery policy applies accordingly.
7. This offer is subject to these terms and conditions.

Prize draw terms and conditions

1. We are giving away a box of four cakes and an Ellie Warburtons apron to one lucky customer. To enter the prize draw you must leave us a product review between 02/10/2023 and 30/11/2023 and there will be one winner selected at random from eligible entries. Only one entry per customer, and this will be determined by the email address used to leave the review. There is no cash alternative. The prize is not transferable. The winner will be notified via email within seven days of the competition closing date. Entries close at midnight on Thursday 30th November 2023.