These terms and conditions form the basis on which you can visit our website and make purchases. Please read them carefully as they contain important information. Please note that additional terms and conditions apply to Pie Making Workshop bookings and vouchers – these can be viewed here.
General terms and conditions
This website is owned and operated by Tikus Limited (trading as Brockleby’s), a company registered in England and Wales, number 03877609, with its registered office situated at Goosenest Farm, Wide Lane, Wymeswold, Loughborough, LE12 6SE, and with its trading address situated at Brockleby’s, Melton Road, Asfordby Hill, Melton Mowbray, LE14 3QU. If you have any queries about these terms and conditions, or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org or on 01664 813200.
1. The contract between us
We must receive full payment for the price of the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Tikus Limited (trading as Brockleby’s). Any use of this website or its contents, including copying or storing them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. Any images are for illustrative purposes only and actual products may vary.
5. Damage to your computer
We try to ensure that this website if free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by email or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click the “Place Order” button during the ordering process.
The prices payable for goods that you order are as set out on our website. Where applicable, all prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and descripton at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then the order cannot proceed. This does not affect any other rights we may have.
10. Delivery charges
Delivery charges vary according to the type and value of the goods ordered and are stated on our website.
11.1 Our delivery charges will appear in the shopping cart on our website.
11.2 Please note we are only able to deliver to addresses within the United Kingdom mainland, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland Highland, Northern Ireland and the Channel Isles.
11.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed.
11.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11.5 We use a nationwide next-day courier service but cannot provide a guarantee that delivery will take place on a stated day. We shall not be liable for delay or failure to perform any of our obligations if the delay or failure is caused by circumstances beyond our reasonable control.
12. Age restriction
We will not sell alcohol to anyone who is not 18 years of age or over, as the law requires. By placing an order that includes alcohol, you confirm that you are at least 18 years old. If you are buying alcholic products as gifts, the recipient must also be over 18 years old.
13. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon a s the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
14. Cancellation rights
14.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the expection of any bespoke items, or items liable to deteriorate or expire rapidly). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
14.2 Should you wish to cancel your order, please notify us by calling 01664 813200 or emailing email@example.com.
14.3 You cannot cancel your contract if the goods you have ordered are bespoke (ie. made to order) or are likely to deteriorate or expire rapidly. This applies to our pies as they are perishable and free of preserving agents.
14.4 If you have received the goods before you cancel your contract then you must send the goods back to our trading address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our trading address at your own cost and risk as soon as possible.
14.5 Once you have notified us that you are cancelling your contract, and we have received the goods back, we will refund any sum debited to us from your credit or debit card within 14 calendar days.
14.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unneccessary handling by you (for example using or wearing the goods prior to cancellation).
15. Cancellation by us
15.1 We reserve the right not to process your order if:
15.1.1 We have insufficient stock to deliver the goods you have ordered;
15.1.2 We do not deliver to your area; or
15.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
15.2 If we do not process your order for the above reasons, we will notify you by email and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible, but in any event within 14 calendar days.
16. If there is a problem with the goods
16.1 If you have any questions or complaints about the goods, please contact us. You can do so by calling 01664 813200 or emailing firstname.lastname@example.org.
16.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
16.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) allow us to collect them from you. We will pay the cost of postage or collection.
17.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and deicde to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
17.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) do or fail to do, or due to events which are beyond our reasonable control.
17.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
17.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
17.5 Notwithstanding the foregoing, nothing in these terms and conditions is intented to limit any rights you might have as a consumer under applicable local law or other staturary rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (eg. under the Act) relating to fault and/or mis-described goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our trading address at Brockleby’s, Melton Road, Asfordby Hill, Melton Mowbray, LE14 3QU and all notices from us to you will be displayed on our website from time to time.
19. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
20. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website is governed by and contrued in accordance with English law. Parties to such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions in unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
23. Third party rights
Nothing in this agreement is intended to, nor shall it confer any rights on a third party.
24. Additional terms and conditions
Pie Club Free Pie Promotion – Unique voucher codes valid until further notice. Cheapest pie free with a minimum purchase of one other product from our online store (excluding Pie Making Workshop bookings or vouchers). Only valid for new Pie Club members signed up after 29th October 2019. Redeemable once per member. Cannot be used in conjuction with any other offer. Existing outstanding Pie Club PDF vouchers remain valid and redeemable as per the terms on the voucher. Brockleby’s reserves the right to discontinue the promotion or specific voucher codes at any time.
Wool Return Promotion – Specific terms and conditions apply – see brocklebys.co.uk/wool for details.
Pie Club Membership Card – Pilot period operates from 19th July 2020 until a date to be determined. Membership cards issued at selected markets/events during the pilot period entitle the holder to discounts at selected markets/events. Offers available at the discretion of the Brockleby’s staff member(s) manning the stall. Membership cards must be signed by the holder and remain valid indefinitely, but Brockleby’s reserves the right to discontinue the promotion or specific membership cards at any time.