Terms & Conditions

TERMS & CONDITIONS

Introduction

Thank you for using Home Bake Box (referred to as ‘us’, ‘we’and ‘our’). This page presents the terms and conditions that you agree to upon in using our website, in using this website you agree in full to these terms of use. If you disagree with any of these terms of use, in part or in full, you must immediately stop using this website.

If you choose to subscribe to our website you will be asked to expressively agree to the terms of use. In doing so you accept the terms of use in full. If you do not agree, in part or fully, agree with these terms and conditions you should not accept them and immediately stop using the website.

Home Bake Box is intended for users within the United Kingdom only. In using our website you are agreeing to these terms of use and to be bound by the laws of England and Wales, regardless of your jurisdiction.

You must be at least 16 years of age to use our website. In using our website and agreeing to these terms of use, you warrant and represent that you are at least 16 years of age.

Our website uses cookies. By using our website you are agreeing to the terms and conditions of use and to our use of cookies in accordance to the terms of our privacy policy.

Copyright Notice

Subject to the express provisions of this notice:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence To Use Website

You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services by means of a web browser, subject to the other provisions of this notice.

Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website) without our explicit consent;
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by this notice.

Notwithstanding other provisions of this notice, you may redistribute material from our website and newsletter in print and electronic form to any person. Electronic form of redistribution constitutes redistribution via email, social media and other similar forms of online information sharing.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Your access to our website may be occasionally restricted or limited to allow for maintenance and updating of the website. In such circumstances we will endeavour to restore the website access as soon as we reasonably can.

Acceptable use

You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

Report abuse

If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

You can let us know by email. uhoh[at]homebakebox.com

Enforcement of copyright

We take the protection of our copyright very seriously.
If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
Permissions
You may request permission to use the copyright materials on our website by email, using the contact details published on the website.

Registration and accounts

To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.

You may register for an account with our website by completing and submitting the account registration form on our website. If you have problems registering for an account, you can contact us using the contact information provided on our website.

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

User IDs and passwords

If you register for an account with our website, we will provide you with a user ID and password.

Your user ID must not be liable to mislead and must comply with the content rules set out in these Terms & Conditions; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Cancellation and suspension of account

We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these Terms & Conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

You may cancel your account on our website or by contacting us using the contact details on our website. You will not be entitled to any refund if you cancel your account in accordance with these Terms & Conditions.

Subscription

“Subscription”within these terms means the right to access restricted areas of our website, “Subscriber”means a person who has the right to access these areas upon;

1)Starting a free trial with us.
2)Choosing a paid package with us.
3)Us acknowledging receipt of your order, and processing it without undue delay and by electronic means.

Access to certain areas of our website is restricted to subscribers. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

Your first subscription payment will be taken at the time of the order being placed by you on our website. Subsequent payments will be taken around the 15th of every relevant payment month. Payments for quarterly subscriptions will be taken around the 15th of the fourth month after your subscription has started and subsequently thereafter. Payments for half yearly subscriptions will be taken around the 15th of the seventh month after your subscription has started and subsequently thereafter.

You will have the opportunity to identify and correct input errors prior to ordering your subscription by amending your sign up details on the online form. If any of your details are entered incorrectly and subscription activated, you should contact us via email or change them via your profile.

We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

The subscription charges will be as set out on our website from time to time. All subscription charges stated on the website are stated inclusive of VAT where applicable.

You must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.

We may vary subscription charges from time to time by posting new charges on our website. However, such variations will not affect subscriptions that have already been paid for.

Your subscription will be activated within 24 hours following receipt of your subscription charges in cleared funds, though normally immediately.

For so long as your account and subscription remain active in accordance with these Terms & Conditions, you will benefit from the features specified on our website in relation to your subscription type.

By purchasing a subscription with a Payment Card, you agree to allow us to establish a continuous authority and collect from your account any subscription charges and other associated charges related to that subscription period.

Your subscription will continue on a rolling contract. You are able to stop your subscription at any time, if you wish to cancel your subscription you must do so at least 7 working days before your next payment is due. Your notice of cancellation should be sent to the email address at the end of these terms of use. You will not receive a refund for previous subscription paid.

We will dispatch your subscription items during the second to third third week of every month provided that you are an active subscriber and we were able to successfully collect your reelvant subscription payment.

Subscription plans include free delivery within the UK. We do not currently deliver out of the UK.

You are responsible for keeping your delivery address details up to date on your account section of our website or by notifying us by using the contact details on our website. Your notification of change of delivery of address must reach us before the 7th of the month you want the change to take effect in.

We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.

At the end of any period of subscription for which you have paid, and subject to the other provisions of these Terms & Conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription 5 days before the date of renewal.

You may cancel your subscription at any time before 5 working days of the auto-renewal of your subscription plan. If you cancel your subscription prior to receiving all of your subscription benefits, you will be still entitled to receive all subscription benefits from us and you will not be entitled to a pro-rata refund of any subscription price paid.

If you wish to cancel, suspend or reactivate your subscription, please use the online account management section of our website or contact us using the contact details on our website

Fees

The fees in respect of our website services will be as set out on the website from time to time.

All amounts stated in these Terms & Conditions or on our website are stated inclusive of VAT where applicable.

You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 14 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section(including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.

Distance contracts: cancellation right
This Section applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into, subject to this provision. You do not have to give any reason for your withdrawal or cancellation.

You agree that we may begin the provision of services before the expiry of the period referred to above, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel;
(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section.

In order to withdraw an offer to contract or cancel a contract on the basis described in this Section, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section.

We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

User Generated Content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. However, this excludes ANY AND ALL CLIENT SPECIFIC INFORMATION. YOUR CLIENT DETAILS ARE YOUR OWN, AND ARE BOTH PRIVATE, AND SECURE.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

1) be libellous or maliciously false;
2) be obscene or indecent;
3) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4) infringe any right of confidence, right of privacy, or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
5) constitute an incitement to commit a crime;
6) be in contempt of any court, or in breach of any court order;
7) be in breach of racial or religious hatred or discrimination legislation;
8) be blasphemous;
9) be in breach of official secrets legislation;
10) be in breach of any contractual obligation owed to any person;
11) depict violence in an explicit, graphic or gratuitous manner;
12) be pornographic or sexually explicit;
13) be untrue, false, inaccurate or misleading;
14) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
constitute spam;
15) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
16) cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Limited Warranties

We warrant to subscribers that the subscription service will be provided with reasonable care and skill, and that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a subscription.

We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms & Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and Exclusions of Liability

Nothing in these terms of use will:

1) limit or exclude our or your liability for death or personal injury resulting from negligence;
2) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3) limit any of our or your liabilities in any way that is not permitted under applicable law; or
4) exclude any of our or your liabilities that may not be excluded under applicable law.
5) If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

1) are subject to the preceding paragraph; and
2) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

Our aggregate liability to you in respect of any contract to provide services to you under these Terms & Conditions shall not exceed the total amount paid and payable to us under the contract.

Our products are manufactured in the same environment where allergens may be present and therefore we cannot guarantee that they are free from traces of allergens. We ask our suppliers for allergen information and any specific allergen presence will be indicated on the product packaging. We do not make any warranties as to the accuracy of this information and we do not assume any liabilities.

Disclaimer

The information presented or contained on the website, or provided through Home Bake Box is presented for the purpose of education and entertainment only.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

1) send you one or more formal warnings;
2) temporarily suspend your access to the website;
3) permanently prohibit you from accessing the website;
4) block computers using your IP address from accessing the website;
5) contact your internet services provider and request that they block your access to the website;
6) bring court proceedings against you for breach of contract or otherwise;
7) suspend and/or delete your account with the website; and/or
8) delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber’s subscription. Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.

We may also cancel subscriptions on 30 days’ written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).

Third Party Websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trademarks

Home Bake Box and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

Variations

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Complete Agreement

These terms of use, together with our privacy policy, constitute the complete agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

Our details

This website is owned and operated by HB Box Limited.

Home Bake Box Limited is registered in England and Wales under registration number 09497316, and our registered office is:

20-22 WENLOCK ROAD
LONDON
ENGLAND
N1 7GU

You can contact us by writing to the business address given above, by using the contact details on our website or by email to hello[at]homebakebox.com.