Terms & Conditions

These terms and conditions form the basis on which you can visit our website, order chocolate, chocolate products, chocolate subscriptions (including gift subscriptions), bread and bakery products from us and book tours of and courses at our bakery. Please read them carefully as they contain important information.

General terms and conditions

This site is owned and operated by Flakybaky . 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 care@flakybaky.com or on 08469277444.

  1. The contract between us
    1. Orders for chocolate, chocolate products, chocolate subscriptions, bread and bakery products

      We must receive payment of the whole of the price for the products that you order before your order can be accepted. Your payment of the price for the products represents an offer on your part to purchase the products, which will be accepted by us when we send to you an email that the products have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.

    2. Reservations for Tours and Course

      A legally binding contract is made between us when you have paid the relevant fee in full and when we have notified you that we have accepted your reservation for a place on a tour of or a course at our bakery.

  2. Terms and conditions applying to orders for chocolate, chocolate products, bread and bakery products
    1. Availability

      All orders are subject to acceptance and availability. If the products you have ordered are not available from stock, we will contact you by e-mail 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.

    2. Ordering errors

      All orders are subject to acceptance and availability. If the products you have ordered are not available from stock, we will contact you by e-mail 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.

    3. Prices
      1. The prices payable for products that you order are as set out in our website. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of placing your order.
      2. Wherever it is not possible to accept your order to buy products of the specification and description at the price indicated, we will advise you by email.
    4. Payment terms

      The price for the products that you order is payable to us in full at the time you place the order. We accept no liability if a delivery is delayed because you have not given us the correct payment details.

    5. Delivery
      1. Our delivery charges are set out in our website
      2. We will notify you by email of the date on which the products you have ordered are due for despatch to you.
      3. Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
      4. We will deliver the products you have ordered either by courier or by Royal Mail (in accordance with your stated preference) to the address you specify for delivery in your order. It is important that this address is accurate. For orders sent by courier, our courier will require you to sign for the products on delivery. Please check the delivery before you sign for it to verify that all the products you have ordered have been delivered and that they have not been damaged. We cannot accept any liability for any loss or damage to the products once they have been delivered. We will aim to deliver couriered products by 4pm on the day following shipment but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period.
      5. You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss, deterioration or destruction.
    6. Risk and ownership

      Risk of damage to, deterioration or loss of the products passes to you at the time of delivery to you, or if you fail to take delivery when our courier attends the address you have specified for delivery, the time when the courier tried to deliver. You will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are strictly not for resale.

    7. Acknowledgement and acceptance of your order

      You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order. An acceptance of your order will take place on dispatch of the products ordered.

    8. Cancellation rights

      You may cancel your order for some or all of the products you have ordered at any time up to 4 clear days before the date the products are due for dispatch to you.

    9. Right to refuse order
      1. We reserve the right to refuse to accept your order if:
        1. we have insufficient stock to deliver the products you have ordered;
        2. we are not able to deliver to your area; or
        3. one or more of the products you ordered was listed at an incorrect price.
      2. If we do refuse to accept your order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.
    10. Liability
      1. If you do not receive products ordered by you within 24 hours of the date on which they were due for shipment, we will have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of the date on which the products were due for dispatch to you (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be to refund to you the amount paid by you for the products in question.
      2. Each party shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
      3. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory 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.
  3. Terms and conditions applying to the chocolate subscription members club A Rare Batch
    1. Individual subscriptions
      1. Membership
        Membership to the subscription club A Rare Batch occurs after the initial payment has been made.
      2. Prices
        The prices payable for subscription membership are set out in our website. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of placing your order.
      3. Notification
        You will need to provide us with your e mail address and subscription delivery address. We will notify you of your subscription membership via e mail as soon as initial payment is made.
      4. Payment
        1. Following initial payment, ongoing payment for membership of the club will be automatically debited from the credit/debit card used for initial payment every two months on the 1st January, 1st March, 1st May, 1st July, 1st September and 1st November.
        2. Once subscribed the automatic debit payment will continue indefinitely until cancelled. See cancelation paragraph below.
        3. We accept no liability if a membership or delivery of a subscription box is delayed because you have not given us the correct payment details. 

      5. Delivery
        1. As a member of A Rare Batch we will send you a chocolate selection subscription box containing four chocolate bars, two from our current range and two limited edition varieties, every two months.
        2. Dispatch of these boxes will occur between the 8th-10th January, 8th-10th March, 8th-10th May, 8th-10th July, 8th-10th September, 8th-10th November by Royal Mail to the address you specify for delivery.
        3. Once subscribed the dispatch of the chocolate selection boxes will continue indefinitely until membership is cancelled or automatic prior payment fails. In the event of automatic prior payment failing we will contact you for further information before dispatching the next subscription box.
        4. The delivery charge is included in the price of the subscription membership.
        5. Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
        6. You will become the owner of the products included in the subscription box when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss, deterioration or destruction.
      6. Cancellation
        1. Membership to A Rare Batch can be cancelled at anytime via the Your Account page on our website.
        2. If a recent automatic payment has been debited from the payment card for the next selection box dispatch, you will still receive that box and we are unable to offer a refund.
        3. Once membership has been cancelled no further payment will be debited and we will cease to send you subscription boxes that have not been prior paid.
      7. Member’s details
        A Rare Batch member’s details are held securely in accordance with the Data Protection Act and we undertake not to release such details to any third party. We reserve the right to promote our products to A Rare Batch members via e mail. A Rare Batch members can at any time decline to receive such material.
      8. Payment details
        A Rare Batch member’s payment details will be held in accordance with PCI compliance and we do not have access to the individual card number for fraud prevention reasons.
      9. Risk and ownership
        Risk of damage to, deterioration or loss of the products passes to you at the time of delivery to you. You will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are strictly not for resale.
      10. Right to refuse membership We reserve the right to refuse to accept your subscription membership if:
        1. .we have insufficient stock to deliver the products you have ordered;
        2. we are not able to deliver to your area. If we do refuse to accept your order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.
      11. Liability
        1. If you do not receive products ordered by you within 48 hours of the date on which they were due for shipment, we will have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of the date on which the products were due for dispatch to you (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be to refund to you the amount paid by you for the products in question.
        2. Each party shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
        3. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory 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
    2. Gift subscriptions
      1. Prices
        The prices payable for a gift subscription membership to A Rare Batch are set out in our website. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of placing your order.
      2. Notification
        You will need to provide us with your e mail address and if applicable the postal address to which the gift subscription membership code should be delivered to. We will notify of your gift subscription redemption code via e mail as soon as initial payment is made.
      3. Payment
        The price for the gift subscription that you order is payable to us in full at the time you place the order. We accept no liability if a delivery is delayed because you have not given us the correct payment details.
      4. 
Initiation and membership
        Gift subscription membership of A Rare Batch is only initiated when the recipient visits our website, enters the gift subscription redemption code and creates an account. Creation of an account requires the recipient to provide us with an e mail address for notifications and a delivery address to which the subscription chocolate selection box should be sent.
      5. Delivery
        1. Following redemption of the gift subscription code and creation of an account, gift recipient members of A Rare Batch will be sent the appropriate number of chocolate selection subscription boxes relating to the gift subscription purchased.
        2. Each subscription box will contain four chocolate bars, two from our current range and two limited edition varieties.
        3. Dispatch of the chocolate selection boxes will occur every two months between the 8th-10th January, 8th-10th March, 8th-10th May, 8th-10th July, 8th-10th September, 8th-10th November by Royal Mail to the address specified for delivery by the recipient.
        4. Once a gift subscription membership is initiated the dispatch of the chocolate selection boxes will continue indefinitely until the full number of boxes purchased in the gift subscription have been delivered.
        5. The delivery charge is included in the price of the subscription membership.
        6. Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
        7. The recipient will become the owner of the products you have ordered when they have been delivered to them. Once products have been delivered to them they will be held at their own risk and we will not be liable for their loss, deterioration or destruction.
      6. Member’s details
        A Rare Batch member’s details are held securely in accordance with the Data Protection Act and we undertake not to release such details to any third party. We reserve the right to promote our products to A Rare Batch members via e mail. A Rare Batch members can at any time decline to receive such material.
      7. Payment details
        Payment details will be held in accordance with PCI compliance and we do not have access to the individual card number for fraud prevention reasons.
      8. Cancellation
        1. Once initiated A Rare Batch gift subscription cannot be cancelled by the initiator member.
        2. We will make contact with the initiator member via e mail prior to dispatch of the last box in their gift subscription to ascertain if they wish to continue their membership by subscribing as an individual member or if they wish for the subscription to lapse.
      9. Risk and ownership
        Risk of damage to, deterioration or loss of the products passes to the recipient at the time of delivery to them. They will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are strictly not for resale.
      10. Right to refuse membership
        We reserve the right to refuse to accept subscription membership if:
        1. we have insufficient stock to deliver the products you have ordered;
        2. we are not able to deliver to your area. If we do refuse to accept an order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.
      11. Liability
        1. If the recipient does not receive the subscription box ordered within 48 hours of the date on which they were due for shipment, we will have no liability to them unless they notify us in writing at our contact address of the problem within 7 days of the date on which the products were due for dispatch to you (unless this is not reasonably practicable). If they notify a problem to us under this condition, our only obligation will be to refund to you the amount paid by you for the products in question.
        2. Each party shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
        3. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory 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
  4. Terms and conditions applying to bakery tours and courses
    1. Availability

      All reservations are subject to acceptance and availability. If there are no available places on the tour or course you wish to attend, we will notify you by e-mail or telephone.

    2. Payment

      Fees for all courses and tours are payable to us in full at the time of booking. All fees quoted are inclusive of VAT at the current rate.

    3. Reservation errors

      You are able to correct errors on your reservation up to the point on which you click on ‘ Finish & Pay’ during the reservation process.

    4. Acknowledgement and acceptance of your reservation

      You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm your reservation.

    5. Cancellation
      1. If you are unable to attend the tour or course you have booked, you may arrange for another adult to attend in your place provided that you give us at least 24 hours notice by telephone or email.
      2. If you cancel your booking at any time up to 6 weeks before the tour or course, you may transfer your booking to another tour or course on which places are available or we will refund the fee you have paid. In either case you will be liable to pay us a 10% administration charge.
      3. If you wish to cancel your booking at any time after 6 weeks before your tour or course, you will not be entitled to transfer to any other tour or course unless we, at our absolute discretion, agree otherwise.
      4. We will be entitled to cancel any tour or course at any time. If we do, we will refund to you in full any fee that you have paid.
      5. If either you or we cancel any tour or course, we will not be liable to reimburse to you any other expense or loss that you may have incurred.
      6. Reservations made as a gift for a third party are subject to the same cancellation policy.
    6. Other provisions
      1. We reserve the right to alter the timing of any tour or course and the content and/or presenter of any course.
      2. You should attend the location specified for any tour or course 15 minutes before the time scheduled for its commencement. We reserve the right to start any tour or course on the time scheduled for commencement even if all those who have booked places are not in attendance.
      3. You must observe all reasonable instructions given to you by the person or persons conducting the tour or presenting the course.
      4. We expect you to behave in an appropriate manner and reserve the right to exclude you from any tour or course if we, in our absolute discretion, consider that your conduct is inappropriate.
      5. You may only take photographs, videos, films or sound recordings during any tour or course or otherwise whilst you are on bakery premises with our express permission. Any material which you do create must only be used for your own and not commercial purposes.
    7. Liability
      1. We will not accept responsibility for any loss of or damage to your personal possessions during the course of any tour or course or whilst you are on bakery premises.
      2. We will not be liable for any loss or damage which you incur or suffer while on a tour or course which is beyond our reasonable control.
      3. Subject to sub-clauses 3.7.1 and 3.7.2, each of us shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract and neither of us will be liable to the other for any loss which is indirect, special or consequential.
      4. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have under any applicable law 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.
  5. Terms and conditions relating to all contracts
    1. Ownership of rights

      All rights, including copyright, in this website are owned by or licensed to Pump Street Bakery LLP. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, anything on this website for any purpose. You may only distribute or repost anything on this website with our written permission and subject to any conditions we may in our absolute discretion impose.

    2. 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 products, tours and courses have been fairly described. However, orders will only be accepted if there are no material errors in the description of the products, tours or courses or their respective prices as advertised on this website. Any description of or information given about the products and/or tours and/or courses are in general terms only.

    3. Damage to your computer

      We try to ensure that this website is 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.

    4. Notices

      Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 1 Unicorns, Pump Street, Orford Suffolk, IP12 2LZ and all notices from us to you will be displayed on our website from time to time.

    5. Changes to terms and conditions

      We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

    6. Law, jurisdiction and language

      This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

    7. Invalidity

      If any part of these terms and conditions is 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.

    8. Privacy

      You acknowledge and agree to be bound by the terms of our privacy policy.

    9. Third party rights

      Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.