Terms of service

Terms of Service. The Baytown Coffee Company Limited is registered in England and Wales under company number 08812953 and VAT number GB 193 3165 03

Our registered office is Camburgh House 27, New Dover Road, Canterbury, Kent, CT1 3DN 

This agreement applies between you, the User of this Website and Baytown Coffee Company Limited (trading as ‘The Baytown Coffee Company’), the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur only upon our sending of a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” - means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website.

“Courier” - means any third party responsible for transporting purchased Goods from our Premises to customers.

“Content” - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

“Goods” - means any products that The Baytown Coffee Company advertises and/or makes available for sale through this Website.

“Baytown / Baytown Coffee Co or variants thereof” - means The Baytown Coffee Company Limited, company number 08812953.

“Service” - means collectively any online facilities, tools, services or information that The Baytown Coffee Company makes available through the Website either now or in the future.

“Payment Information” - means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes.

“Purchase Information” - means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.

“Premises” - Means our place of business located at The Roastery, Moorgate Leas Farm, Hawsker, Whitby, North Yorkshire, YO22 4JU

“System” - means any online communications infrastructure that The Baytown Coffee Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email and any communication links we send to you.

“User” / “Users” - means any third party that accesses the Website and is not employed by The Baytown Coffee Company and acting in the course of their employment; and

“Website” - means the website that you are currently using (http://baytowncoffeecompany.co.uk) and any sub-domains of this site (e.g., subdomain.baytowncoffeecompany.co.uk) unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Website only under the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3.Business (inc. Wholesale) Customers

These Terms and Conditions may not apply to Wholesale or B2B trade customers – please ask for a separate copy of our trade terms and conditions prior to placing trade orders by telephone, email, or our website.

International Customers

If Goods are being ordered from outside The Baytown Coffee Company’s country of residence (United Kingdom), import duties and taxes may be incurred once your Goods reach their destination. The Baytown Coffee Company holds no responsibility for these charges, and we make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on any additional costs and procedures. As the purchaser of the Goods, you will also be regarded as the importer and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The Baytown Coffee Company cannot guarantee that the packaging of your Goods will be free of signs of tampering.

Intellectual Property

5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Baytown Coffee Company, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or re-use material from the Website unless otherwise indicated on the Website or unless The Baytown Coffee Company gives you express written permission.

Third-Party Intellectual Property

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Fair Use of Intellectual Property

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Baytown Coffee Company or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

9.1.1 You must not use obscene or vulgar language.

9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.

9.1.3 You must not submit Content that is intended to promote or incite violence.

9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in other languages.

9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.

9.1.6 You must not impersonate other people, particularly employees and representatives of The Baytown Coffee Company or our affiliates; and

9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that The Baytown Coffee Company reserve the right to monitor all communications made to us or using our System.

9.3 You acknowledge that The Baytown Coffee Company may retain copies of all communications made to us or using our System.

9.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to purchase Goods on this Website you are required to create an Account or use the Guest Checkout option which will submit certain personal details and Payment Information to us, which may vary based upon your use of the Website. We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

10.1.1 all information you submit is accurate and truthful.

10.1.2 you have permission to submit Payment Information where permission may be required; and

10.1.3 you will keep this information accurate and up to date. Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. The Baytown Coffee Company accept no liability for any loss or damage incurred because of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Baytown Coffee Company immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. If an unauthorised purchase is dispatched prior to you notifying us of the unauthorised nature of the purchase, The Baytown Coffee Company accepts no liability or responsibility, and you should make contact with the courier detailed in the dispatch notification email.

10.4 When choosing your username, you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

11.1 Either The Baytown Coffee Company or you may terminate your Account. If The Baytown Coffee Company terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2 If The Baytown Coffee Company terminate your Account, any current or pending purchases on your Account will not be cancelled and will be dispatched.

11.3 The Baytown Coffee Company reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

11.4 If purchases are cancelled for any reason prior to dispatch, you will be refunded any monies paid in relation to those purchases.

11.5 If you terminate your Account any non-dispatched purchases will be cancelled, and you will be refunded any monies paid in relation to those purchases.

12. Goods, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Baytown Coffee Company correspond to the actual Goods, The Baytown Coffee Company is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

12.2 Where appropriate, you may be required to select the required size, variety, and other features of the Goods that you are purchasing.

12.3 The Baytown Coffee Company does not represent or warrant that such Goods will be available. Stock indications may be provided on the Website however these may not take into account sales that have taken place during the time you have browsed and selected your items on our website.

12.4 All pricing information on the Website is correct at the time of going online. The Baytown Coffee Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Goods and The Baytown Coffee Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

12.6 All prices on the Website do include VAT.

12.7 All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process. Processed orders deemed, in our sole discretion, to have been purchased with the intent to resell are not eligible for return or refunds.

13. Delivery

13.1 The Baytown Coffee Company will notify you by way of email when your goods are to be dispatched. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

13.2 If The Baytown Coffee Company receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

13.3 For international shipments the customer is regarded as the importer and responsible for all laws and regulations of the country receiving the goods and responsible for any import duties or taxes

14. Returns Policy

The Baytown Coffee Company aims always to provide high-quality Goods that are fault free and undamaged. On occasion, however, goods may need to be returned. Returns are governed by these Terms and Conditions.

14.1 If you receive Goods which do not match those that you ordered unless accompanied by an explanatory note detailing the changes, you should contact us within 14 days to arrange collection and return. The Baytown Coffee Company is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

14.2 If any Goods you have purchased have faults when they are delivered to you, you should contact The Baytown Coffee Company within 48 hours of delivery to arrange for collection and return. The Baytown Coffee Company is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you at the time of purchase.

14.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to The Baytown Coffee Company within 10 days and arrange collection and return. The Baytown Coffee Company is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

14.4 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to The Baytown Coffee Company within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.

14.5 If you wish to return Goods to The Baytown Coffee Company for any of the above reasons, please contact us. All Goods returned must be sent using a signed-for form of courier – preferably a service that offers tracking links.

14.6 The Baytown Coffee Company reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be considered in the exercise of this discretion include, but are not limited to:

14.6.1 Any use or enjoyment that you may have already had out of the Goods.

14.6.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly.

14.6.3 The Baytown Coffee Company Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion is to be exercised only within the confines of the law.

15. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the appropriate link.

16. Disclaimers

16.1 The Baytown Coffee Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

16.4 Whilst The Baytown Coffee Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

17. Changes to the Service and these Terms and Conditions

The Baytown Coffee Company reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If The Baytown Coffee Company is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of the Website

18.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.

18.2 The Baytown Coffee Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

19.1 To the maximum extent permitted by law, The Baytown Coffee Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

19.2 Nothing in these Terms and Conditions excludes or restricts The Baytown Coffee Company's liability for death or personal injury resulting from any negligence or fraud on the part of The Baytown Coffee Company.

19.3 Nothing in these Terms and Conditions excludes or restricts The Baytown Coffee Company’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

19.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly to the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

If any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Third-Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Baytown Coffee Company.

23. Offers and Discounts

By subscribing to our email mailing list, you will receive a code entitling you to 10% off your first order with us online.

Please be aware that all offers, discounts, and voucher codes from The Baytown Coffee Company Ltd are only for use with our coffees and exclude all subscriptions, accessories and gifts unless otherwise stated.

  • Offers, discounts and voucher codes are not for resale or publication.
  • Offers, discounts and voucher codes can only be used for orders placed online via our website and can only be redeemed once per customer.
  • Discount codes cannot be used retrospectively and cannot be applied to previous orders. Any orders submitted without discount codes cannot be amended.
  • All discounts and offers apply solely to personal orders. If an order is deemed to be commercial, we reserve the right to remove any discount from this order.
  • Offers cannot be used in conjunction with any other offer or sale.

24. Communications

24.1 All notices/communications shall be given to us either by post to our Premises (see address above) or by email to info@baytowncoffeecompany.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2 The Baytown Coffee Company may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email which you receive from us.

25. Disputes

25.1 In the event you have a complaint regarding a product or service purchased from The Baytown Coffee Company please contact us at info@baytowncoffeecompany.co.uk.

26. Law and Jurisdiction

These Terms and Conditions and the relationship between you and The Baytown Coffee Company shall be governed by and construed in accordance with the Law of England and Wales and The Baytown Coffee Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.