Terms and Conditions
This website is operated by The Biscuit Baron LTD. Throughout the site, the terms “we”, “us” and “our” refer to The Biscuit Baron LTD. The Biscuit Baron LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These terms cover the website www.thebiscuitbaron.co.uk and all related subdomains including www.thebiscuitbaron.com and www.shop.thebiscuitbaron.com.
ACCEPTANCE OF THESE TERMS
By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and / or available by hyperlink. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new feature, tool, or content which is added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and / or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our website is only intended for us by adults, as defined by those over the age of 18 and have sufficient capacity to enter into a binding agreement. A breach or violation of any of the Terms will result in an immediate termination of your Services.
The Biscuit Baron is a monthly subscription service. The core products (bar the “one time” box offer and online store products at shop.thebiscuitbaron.com) send biscuits themed from a different country every month. Each month the country is kept a surprise and will only be disclosed at our discretion.
Products within our subscription boxes will contain at least the quantity of biscuits guaranteed in the product listing. Due to the varying nature of the products, there is no guarantee that a product will be included in each box, regardless of the products displayed in the listed image.
Boxes and products are subject to availability at all times and may be different from other people’s boxes. Replacement biscuits of a similar style and/or flavour may be included in the event of an availability shortage in order to get your product out in a timely manner.
Products within our online store at shop.thebiscuitbaron.com should reflect accurate stock but the consumer will be notified should this differ upon time of fulfilment, and be offered a solution before the order is shipped.
ALLERGIES & DIETARY PREFERENCES
Some of our products may contain common food allergens or products not suitable for dietary preferences (e.g. vegetarian), including (but not limited to) nuts, peanuts, gluten, eggs, soy, wheat and animal-based gelatin. If you are unsure if a product contains an ingredient that may cause an allergic reaction or if you are able to consume it based on preferences, do not eat it.
Although we provide ingredients for all our products, the products are manufactured externally and we therefore cannot confirm the complete contents due to outside factors such as cross-contamination. With biscuits from such a wide variety of countries with varied ingredients we cannot guarantee they are suitable for dietary preferences such as vegetarians. We will provide the ingredients for the customer to make a decision with.
By agreeing to these terms & conditions you agree that the decision to look into each product in sufficient detail and make the decision to consume it lies entirely with yourself.
Subscription products will generally be shipped between the 15th and 17th of each month. We will aim to despatch on the majority of occasions but exceptions may cause us to ship later for example if the 15th falls on a Sunday and/or Monday is public holidays.
FOR FIRST TIME CUSTOMERS we now offer two options for your first box:
1. Shipping more regularly whereby your first box for new orders will be dispatched within 3 days and arrive within 3-4 working days. This may result in a different country box from our previous country than may have been seen elsewhere.
For NEW subscriptions where the purchaser has chosen to receive their box immediately, this may result in renewals occurring shortly after and two payments close together – for example if you order on the 25th of the month renewals will occur on the 1st to place you in line with all other subscriptions the following month. This is clearly stated at the checkout page and cannot be refunded.
2. Shipping on the 15th with all other subscriptions which will receive the same country as subscriptions.
If there is a significant exception to the normal shipping schedule, you may be notified with a revised shipment arrival date.
FOR FULL DETAILS SEE OUR SHIPPING & RETURNS TERMS.
SHIPPING FROM OUR ONLINE STORE
When purchasing from our online store shop.thebiscuitbaron.com purchases will be shipped within 3 working days or ordering.
Your subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.
We will submit periodic charges (e.g., monthly, quarterly, semi-annually, annually) without further authorisation from you, until you opt out of auto-renewal on your account page by using the “Cancel Subscription” button.
The initial payment for your first box will be withdrawn at the time of checkout. For subsequent boxes/terms, payments are automatically scheduled to withdraw on the 1st of the month, regardless of sign up date. The renewal payment schedule may change without prior notice, at the discretion of The Biscuit Baron. We are not able to manually assign charge run dates for individual subscribers.
Cancelling a subscription will not cancel and refund the delivery orders that have been paid for, it only stops future renewal charges. You are entitled to cancel your subscription at any time, however unless you cancel your subscription with us within 14 days from the day on which you acquire physical possession of your first, you will be tied into the contract for the remainder of the subscription.
For the avoidance of doubt, by taking out our 12-month subscription plan, you agree to commit to it for the full 12 month period. If you chose to cancel your subscription before the end of the 12 month subscription period, you will still be required to make full payment in respect of the full 12 month period. In the event that you fail to pay in full for the remainder of the 12 month term, we reserve our rights to recover such sums from you by all legal means necessary (including instructing a third party debt collection agency to recover the same).
Promotional codes/discounts are only valid on the initial order, not the recurring charges, unless otherwise noted.
Gift plans and/or e-gift cards must be redeemed within one year of purchase. Once redeemed, they cannot be cancelled/refunded. You will not be eligible for a refund if not redeemed within the expiration date.
Kindly note that any of the subscription plans can be cancelled at any time prior to the 1st of the month after the applicable subscription is scheduled to expire. However, you will not be eligible for a refund on any remaining boxes in the subscription.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
All cancellations must be made in your account in order to be processed in time – please note we cannot guarantee to pick up cancellation requests in time made via email, online chat function, social media or other methods. To CANCEL log in to your account and navigate to your subscriptions and cancel your active subscription before the 1st of the month.
For any problems with accessing your account or cancelling please ensure you get in touch 72 hours before the 1st of the month to give us time to look into and avoid being charged. By accepting these terms you agree to provide reasonable notice of at least 72 hours and agree you may be charged if you contact us after this time.
At the discretion of The Biscuit Baron any returned payment for a subscription will be subject to a cancellation fee. This is to cover the costs to The Biscuit Baron of charging the payment in the first instance that cannot be recuperated. By purchasing you agree to these terms. As follows for UK payments:
1 month refund fee deducted – 1.00 GBP
3 month refund fee deducted – 1.50 GBP
6 month refund fee deducted – 2.00 GBP
12 month refund fee deducted – 3.00 GBP
Please note for international payments rate may be higher due to additional shipping costs and exchange rates.
RISK OF LOSS
All products purchased from us will be shipped by a third-party carrier. As a result, title and risk of loss for all products will pass to you upon our delivery to the carrier.
You are liable for submitting the correct shipping address. All changes to shipping address must be submitted at least 24 hours prior to the 1st of the month (when orders are renewed). The Biscuit Baron LTD is not to be held responsible for any lost, stolen, melted, damaged, or destroyed items because of the shipping process.
Should your item meet delays the responsibility lies with the purchaser to contact the courier (whistl or Royal Mail) to source the item themselves.
FOR FULL DETAILS SEE OUR SHIPPING & RETURNS TERMS.
RETURNS AND REFUNDS
Unfortunately, due to the perishable nature of the product we are unable to accept returns.
Refunds may be issued in rare instances at our discretion, however cannot be guaranteed if purchaser fails to meet these terms and conditions.
Refunds will not be given where the customer has failed to adhere to our terms and conditions, namely – the acceptance that plans will renew on the 1st of the month following the end of their plan term. Refunds will not be offered where the customer fails to cancel in time. Customers are able to cancel at any time within their plan length of 1, 3, 6 or 12 months and still receive all of their boxes.
FOR MORE DETAILS SEE OUR SHIPPING & RETURNS TERMS.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
1. FOR SUBSCRIPTIONS
By purchasing a subscription product, you agree to pay the listed price on a recurring basis unless actively cancelled.
Each Upfront Plan (3, 6 and 12 month plans) are paid upfront and charged immediately upon signing up. Each Pay Monthly plan (1 month, 12 month) is charged immediately upon signup and then monthly on the 1st of each subsequent month.
All plans will automatically renew at the end of the term unless stated otherwise. By purchasing you agree to receive boxes for the amount paid for. Subscriptions longer than 1 month cannot be cancelled before the end of the plan term. All renewals will occur on the 1st of the month following the final box of the set plan time.
For NEW subscriptions where the purchaser has chosen to receive their box immediately, this may result in renewals occurring shortly after and two payments close together. This is clearly stated at the checkout page.
If any fee cannot be charged to your credit/debit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within 7 days after receiving notice of non-payment, then we may terminate the subscription.
2. FOR THE ONLINE STORE
Orders from the online store at shop.thebiscuitbaron.com will have payment taken immediately and be shipped as per the shipping terms.
MODIFICATION TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice, excluding subscription products with recurring payments. Customers with active subscriptions will be given notice of any price changes to their recurring payment amount at least 10 days in advance of the next payment date. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. If a subscription product is discontinued, all active subscribers will be notified of the discontinuation and their recurring payments will cease. In addition, any customers which purchased pre-paid subscription products (i.e. gifts or annual subscriptions) will be refunded for the portion of remaining months left on the subscription.
ACCURACY OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall The Biscuit Baron LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless The Biscuit Baron LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable fully permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services providing it is in line with our pre-paid subscription plan terms, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions). Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates.
When you provide us with personal information to complete a transaction, verify your credit/debit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com. You may also be given opportunities to withdraw your consent through links provided in our emails.
We may disclose your personal information if we are required by law to do so or if you violate our Terms & Conditions.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit/debit card information, the information is encrypted using secure socket layer technology (SSL). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
For further questioning about these Terms and Conditions, please contact us.
Copyright © 2021,The Biscuit Baron Ltd. All Rights Reserved.