These terms
1. What these terms cover. These are the terms and conditions on which we supply our bread, cakes, pastries and other bakery products to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our bakery products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer.
  You are a consumer if:
  - You are an individual.
  - You are buying bakery products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  Provisions specific to consumers only are in orange
  and those specific to businesses only are in green.
4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Information about us and how to contact us
1. Who we are. We are Windmill Bakery (Coventry) Ltd a company registered in England and Wales. Our company registration number is 10068215 and our registered office is at 363 Old Church Road, Coventry, West Midlands, England, CV6 7DT. Our registered VAT number 238787945.
2. How to contact us. You can contact us by telephoning us at 033 00 500 786 or by writing to us at info@windmillbakery.co.uk or 363 Old Church Road, Coventry, West Midlands, CV6 7DT.
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
1. How we will accept your order. Orders are accepted through our website or software before 1pm each day, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the products or because we are unable to meet a delivery deadline you have specified.
3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. We only sell to the UK. Our website and wholesale seller software are solely for the sale of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
Our products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
Your rights to make changes

If you wish to make a change to the products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes

Changes to the products. We may change products to reflect changes in relevant laws and regulatory requirements and to implement minor adjustments and improvements.
Providing the products
1. Delivery costs. The costs of delivery will be as displayed to you on our website or as otherwise notified to you from time to time.
2. When we will provide the products. During the order process we will let you know when we will provide the products to you.
3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4. Collection by you. If you are a consumer, you must collect your products from us at any time during our normal opening hours.
5. If you are not available to take delivery when the product is delivered. If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery or collect the products from us.
6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we may end the contract and clause 10.2 will apply.
7. When you become responsible for the products. Products will be your responsibility from the time we deliver them to the address you gave us or you or you collect it from us.
8. When you own products. You own products once we have delivered them or you have collected them.
9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply our products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of products to:
  1. deal with technical problems or make minor technical changes;
  2. update the products to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the products as requested by you or notified by us to you (see clause 6).
11. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of products, unless the problem is urgent or an emergency. If we have to suspend the products we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 week and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.
12. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.3) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
Your rights to end the contract
1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
  1. If what you have bought is not of satisfactory quality or misdescribed you may have a legal right to end the contract (or to get the products replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  3. If you are a consumer and have just changed your mind about the products, see clause 8.3. You may be able to get a refund if you let us know before 1pm, but this may be subject to deductions;
  4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.4.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
  2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
  3. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or
  4. you have a legal right to end the contract because of something we have done wrong.
3. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
  1. products sealed for food hygiene purposes, once these have been unsealed after you receive them;
  2. any products which become mixed inseparably with other items after their delivery.
4. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for our products is completed when the products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you are a consumer who has changed their mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Phone or email. Call us on 033 00 500 786 or email us at info@windmillbakery.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  2. Online. Complete the relevant form on our website.
2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.
3. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including any delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
  3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may withdraw products. We may write to you to let you know that we are going to stop providing certain products. We will let you know at least one month in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the products

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us at 033 00 500 786 or write to us at info@windmillbakery.co.uk or 363 Old Church Road, Coventry, West Midlands, England, CV6 7DT.

If what we deliver does not match your order, you will not pay a penny until the issue is rectified If your order is not fresh with at least a 5-days sell-by date at point of delivery, we will fully replace your order
Your rights as a consumer if products are not of satisfactory quality or are misdescribed. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in this contract will affect your legal rights.
Your rights as a business if products are not of satisfactory quality or are misdescribed
1. If you are a business customer we warrant that on delivery any products shall:
  1. conform in all material respects with their description; and
  2. be free from material deficiencies in design, ingredients and baking.
2. Subject to clause 13.3, if:
  1. you give us notice in writing within a reasonable time of discovery that any products do not comply with the warranty set out in clause 13.1; and we are given a reasonable opportunity of examining such products; we shall, at our option, replace the deficient products, or refund the price of the deficient products in full.
3. We will not be liable for any products? failure to comply with the warranty in clause 13.1 if:
  1. you make any further use of such products after giving a notice in accordance with clause 13.2(a);
  2. the deficiency arises because you failed to follow our oral or written instructions as to the storage of the products or (if there are none) good trade practice;
  3. the deficiency arises as a result of us following any drawing, design or specification supplied by you;
  4. the deficiency arises as a result of wilful damage, negligence, or abnormal storage or working conditions.
4. Except as provided in this clause 13, we shall have no liability to you in respect of any products? failure to comply with the warranty set out in clause 13.2.
5. These terms shall apply to any replacement products supplied by us under clause 13.2.
Price and payment
1. Where to find the price for the product. The price of the products will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the products you order.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. If what we charge you is incorrect, you will not pay a penny until the issue is fixed.
4. When you must pay and how you must pay. We accept payment by the means specified during the order process.. If you have a wholesale credit account we will email you invoices within 7 days unless otherwise agreed in writing.
5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
3. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
Our responsibility for loss or damage suffered by you if you are a business
1. Nothing in these terms shall limit or exclude our liability for:
  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3. Subject to clause 16.1:
  1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the relevant order.
How we will use your personal information. We will only use your personal information as set out in our privacy policy on our website.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will use our reasonable endeavours to ensure that the transfer will not affect your rights under the contract.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

‟	We've been eating your bread for a number of years now and it is our family favourite. It's got a distinctive flavour and composition.	„

Wayne Carey, Erdington

‟	It is great to know that the baker's craft is alive and well and living in Coventry!	„

Peter Briden, Leamington Spa

‟	They're still as fresh as when I purchased them three days earlier! I shall certainly be buying some more!	„

Mrs D.S, Nuneaton

Terms and Conditions

CONTENTS

CLAUSE

OUR TERMS

PRODUCTS

INFORMATION