© Blyde Welcome reserves all Copyright in photographs, film and print provided on this website and otherwise as produced. Any infringement, whether by the replication of photographs / films or the repetition and / or plagiarism of print, will not be tolerated and Blyde Welcome reserves the right to raise legal proceedings to protect its commercial interests.
Terms and Conditions of Sales
- Definitions
‘Buyer’ means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier.
- ‘Consumer’ shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
- ‘Contract’ means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions.
- ‘Goods’ means the articles that the Buyer agrees to buy from the Supplier.
- ‘Services’ means the services that the Buyer agrees to buy from the Supplier.
- ‘Supplier’ means Blyde Welcome which owns and operates blydewelcome.com
- ‘Terms and Conditions’ means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.
- ‘Website’ means blydewelcome.com
- Conditions
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier
2.5 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
- Assumption of Risk
3.1 The Buyer is ultimately responsible for maintaining the quality of the food he/she prepares, cooks and eats.
3.2 The Buyer is responsible for protecting his/herself against allergic reactions pertaining to food.
3.3 The Buyer will waive, release, indemnify and shall hold harmless Blyde Welcome and its owners, members, managers, chefs, employees, lawyers, agents, and assigns (collectively, the ‘Released Parties’), from and against any and all demands, claims, losses, injury, damages, liability, lawyers’ fees, costs, and/or expenses of litigation, in law or in equity, whether known or unknown, that have arisen from his/her use of any recipe, skill, technique, or method learned from Blyde Welcome activities.
- Ordering
4.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
4.2 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy, then the Supplier can withdraw, withhold or cancel the promotional code at any time.
- Price and Payment
5.1 The price of the Goods and/or Services shall be that stipulated in our marketing communications including on the website.
5.2 When ordering online, the total purchase price will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.3 After an online order is received, the Buyer will receive a confirmation email.
5.4 Payment must be made at the point of ordering.
5.5 Where applicable, if any payment is not paid on time, or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
- Recipes and Films
6.1 After purchasing the film/s, recipes and film/s will be emailed to the Buyer. Blyde Welcome hopes you will use these recipes for personal use only and respectfully asks that neither the film/s nor recipes be shared. However, these recipes are and remain the intellectual property of Blyde Welcome.
6.2 The Buyer or any other third party may not use Blyde Welcome’s recipes or films for any commercial use. Blyde Welcome reserves the right to take judicial action to prevent any unauthorized use of Blyde Welcome’s recipes and films.
- Performance of Services
7.1 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up-to-date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
7.2 The review system used on this website is generated by genuine customer reviews, both positive and negative. The Supplier reserves the right not to publish any reviews containing content with the potential to offend.
- Rights of Supplier
8.1 The Supplier reserves the right to periodically update prices in marketing communications and on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
8.2 The Supplier reserves the right to withdraw any Goods and/or Services from marketing materials or the Website at any time.
8.3 The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
8.4 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the marketing communications or the Website or for refusing to process an order.
- Cancellation and Return
Where a claim of defect or damage is made, the Buyer shall be entitled to a replacement or a full refund if the Goods are in fact defective and/or need to be returned.
- Limitation of Liability
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier, the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
- Waiver
11.1 The Buyer will waive, release, indemnify and shall hold harmless Blyde Welcome and its owners, members, managers, officers, directors, chefs, employees, attorneys, agents, and assigns (collectively, the ‘Released Parties’), from and against any and all demands, claims, losses, injury, damages, liability, lawyers’ fees, costs, and/or expenses of litigation, in law or in equity, whether known or unknown, that have arisen from my use of any recipe, skill, technique, or method learned from Blyde Welcome activities.
11.2 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
- Force Majeure
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of equipment or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
- Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- Changes to Terms and Conditions
The Supplier shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
