Terms and conditions
A. Bespoke, antique or handcrafted Items Purchased on the Website
Order acceptance
After placing an order on the website a confirmation email will be sent to you. This does not mean that your order has been accepted. All orders are subject to availability and third party suppliers’ stock, terms and conditions. While every effort will be made to ensure that all items shown are in stock we offer no guarantee of availability and this electronic publication does not constitute an offer for sale.
Dimensions and colours
All dimension measurements listed on the website are approximate. Where appropriate, sizes are given for the width, depth and height. The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.
Despatch policy
Goods purchased on the website are normally dispatched within 7 days, depending on the supplier. If we are unable to despatch your order within 14 days, we will contact you by email with an estimated despatch date. If we cannot fulfil the order, we will offer you the option of cancelling the order or choosing an alternative item.
Large and/or Fragile Items
To purchase large and fragile items shown on the website use the email contact form or call us on the listed phone numbers to make payment and arrange delivery. You will be informed of estimated delivery time and an email confirming despatch will be sent to you. These items are all clearly marked in our online shop ‘Please Contact Us to Arrange Delivery and Payment’.
Delivery costs and Prices
The prices of goods shown on the website do not include postage, packing and insurance. These costs are added at the Checkout.
Returns
To be eligible for a refund on an item bought on the website, you need to notify is within 14 days of receipt that you wish to return an item. Your purchase must be unused and in the same condition in which you received it. It must also be in the original packaging and returned to us within 14 days of advising us of your return.
Shipping:
To return your website purchase, please email us at contact@beyondfyre.com quoting your order number, and let us know why you are returning it so that we can try to resolve any issues.
Once we have agreed the return, send it by post or deliver it in person to: Beyond Fyre, c/o Littledart, Units 4-5 Toll Gate Court, EX16 8FE. You will be responsible for paying your own postage costs for returning your item. Postage and insurance costs are non-refundable.
If you are posting an item over £75, you should consider using a trackable postage service and/or purchasing insurance.
We cannot guarantee that we will receive an item returned to us by post.
B Events Booking on the Website
This Policy sets out the terms that will apply if the Customer wishes to cancel the booking outside of the statutory 14 day ‘cool off’ period, including the required notice periods for cancellation, any applicable cancellation fees and the process for obtaining a refund.
The purpose of this Cancellation Policy is to set clear expectations for both parties around cancellation of the booking, to help facilitate re-booking of the ceremony date where possible, and to cover any costs reasonably incurred by the Company in preparing for the original booking.
Cancellation Notice Period
1.1.The Customer must provide the Company with no less than 120 days’ written notice to cancel the booking in order to obtain a full refund (minus 10% administration fee).
1.2.The notice of cancellation must be in writing and sent by email to contact@beyondfyre.com. Verbal cancellations will not be accepted.
1.3.The cancellation will take effect from the date the written cancellation notice is received by the Company. Notice served on a weekend or public holiday will be deemed received on the next working day.
1.4.The Company will acknowledge receipt of the cancellation notice in writing within five (5) business days of receipt under clause 2.3.
1.5.If fewer than 120 days’ notice is provided under clause 2.1, the full Cancellation Fees as set out in clause 4 will apply regardless of when the ceremony was re-booked.
Cancellation Fees
2.1.Cancellation Notice Period. The Customer may cancel the booking at any time prior to 120 days before the ceremony date without incurring any cancellation fees under this Cancellation Policy ("Cancellation Notice Period") except for an administration fee of 10%.
2.2.Cancellation Fees. If the Customer cancels the booking within the Cancellation Notice Period (between 120 and 90 days), they will be liable to pay a cancellation fee to the Company.
Fee Amount. The cancellation fee will be 50% of the total booking fee.
Calculation. The total booking fee is the whole fee as paid by the Customer. The cancellation fee will be calculated as 50% of this sum.
Payment. All bookings must be paid for in advance before the booking is accepted and confirmed. Any subsequent cancellation fee will be withheld.
Refunds
3.1.Timing of refund. Subject to Clauses 4.2 and 4.3 below, any refund due will be made within 14 days of the Company receiving the Customer's notice of cancellation.
3.2 Amount of refund. Where the Customer cancels in accordance with this Cancellation Policy, the refund will be for the full amount paid under the booking less the applicable cancellation fee less any administrative fee.
3.3 Method of refund. Refunds will normally be made using the same method used by the Customer to make payment to the Company. If the original transaction was made by cheque then the Company will refund by bank transfer.
3.4 Withholding refunds. The Company may withhold all or part of any refund if monies remain outstanding from the Customer to the Company in respect of any other contract.
3.5 No refund will be made if the cancellation of the event takes place within 90 days of the event.
Force Majeure
4.1.A Force Majeure Event means any event beyond a party's reasonable control including but not limited to acts of God, floods, lightning, storm, fire, explosion, earthquake, subsidence, epidemic or other natural physical disaster, war, military operations, riot or civil commotion.
4.2.If a Force Majeure Event prevents the ceremony taking place on the planned date, neither party shall be liable to the other for breach of contract. The Company shall offer the Customer either:
A full refund of all sums paid in respect of the booking; or
The opportunity to rearrange the ceremony to a mutually convenient alternative date, in which case this Cancellation Policy shall apply to the rearranged ceremony.
4.3.The party prevented from performing its obligations under the booking by a Force Majeure Event shall notify the other party in writing without undue delay stating the commencement date of the Force Majeure Event and its expected duration.
4.4.If the Force Majeure Event continues for more than 90 days, either party may terminate the booking by written notice to the other, in which case the Company shall offer the Customer a full refund.
C Delivery and Returns of food items Purchased on the Website
1. Introduction
These terms and conditions (Terms) shall govern the purchase of any food product(s) from Beyond Fyre, including any food order placed through the Beyond Fyre website which is accessible via https://www.beyondfyre.com.
Please read these Terms carefully before you submit an order to us as they set out who we are, how we will provide 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
2. About Us
2.1 Beyond Fyre is our trading name. You can contact us by emailing contact@beyondfyre.com.
2.2 If we need to contact you, we will do so by telephone or by email using the contact details you have provided to us with your order.
2.3 When we use the words “writing” or “written”, this shall include email.
3. Our Contract with You
3.1 Our acceptance of your order will take place when we send you an order confirmation email, at which point a contract will come into force between you and us. No contract will exist unless and until we send you the order confirmation email.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, 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 product or because we are unable to meet a delivery deadline you have specified. If you have been already been charged for an order that cannot be accepted, we will refund you within three business days from the date of your order. Please note that any such refund may take up to 7 business days to show in your account, depending on your provider.
3.3 Our website is solely for the promotion of products in the UK. Unfortunately, we do not deliver to addresses outside mainland UK. UK delivery does not include the Channel Islands, Isle of Wight or EIRE.
4. Our Products
4.1 The images of products on our website are for illustrative purposes only and your product and any packaging may vary slightly from such images.
4.2 You are responsible for informing us about any dietary requirements, including allergies and intolerances at the time of placing your order. Please note that our products are all prepared in the same environment and so we are unable to guarantee that our products are completely free from any allergen or ingredient. In particular, our products may not be suitable for people with severe nut or dairy allergies.
4.3 We may change the products available on our website at our discretion and we do not undertake to continue to supply any particular product or type of product. We may also make changes to the products themselves from time to time to reflect changes in the relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements.
4.4 Hampers must be paid for in full at the time of placing your order. You and we agree that all bespoke products and hampers purchased from Beyond Fyre will remain the property of Beyond Fyre until paid for in full.
4.5 Any samples, drawings, images or descriptions on our website or otherwise given to you, are intended to provide you with an approximate idea of the final product only and shall not be binding. We will not be held responsible for any customer disappointment in the design or interpretation of a bespoke food product provided that it is made in line with your pre-agreed requirements as set out in the order confirmation. It is your responsibility to ensure that all details within the order confirmation are correct and meet your exact requirements.
4.6 We cannot guarantee an exact replica of any product but we will do our best to make it so.
4.7 All our food products are supplied within their consumable dates and we are entitled to assume they will be consumed on the date of delivery or collection or shortly thereafter. Products should be stored at room temperature, away from direct sunlight and sources of heat. In very hot temperatures, product should be kept in the fridge and taken out approximately 1 hour before serving.
4.8 We reserve the right to use images of your bespoke product for any form of advertising including web-based promotions, brochures, galleries and competitions.
5. Prices and Payment
5.1 All prices quoted on our website are in (£) pounds sterling and are inclusive of any VAT that may be payable. The price payable for any bespoke product shall be as set out in our quotation and confirmed in the order confirmation.
5.2 Any quotations issued by us shall be valid for a period of 30 calendar days from the date of issue.
5.3 We may from time to time change the prices quoted on our website but this will not affect any contract already in existence between you and us at the date of such a change.
6. Delivery and Collection
6.1 Any delivery costs will be clearly displayed on our website or, in respect of bespoke products, will be clearly set out in our quotation. Orders may be collected free of charge from Beyond Fyre by prior arrangement. We accept no responsibility for any damage sustained to a product once it has left the Beyond Fyre premises.
6.2 If delivery has been requested we will arrange delivery to the address provided by you. Food products will be delivered on the day set out in the order confirmation although we do not offer specific delivery times. Products in the "Shop" will be despatched within two working days from the date of your order and will be sent by Royal Mail First Class or 24 Tracked, depending on the service selected by you at checkout. We cannot guarantee a specific delivery date for products purchased in the "Shop" and we shall have no responsibility for delays in delivery that are outside of our control. Refunds will not be given for delayed delivery.
6.3 Whilst we will use reasonable endeavours to ensure that any agreed delivery date is met, we shall have no responsibility for delays outside of our control. If a delivery is delayed by an event outside of our control then we will contact you as soon as possible after we become aware of the delay to let you know and we will take reasonable steps to minimise the effect of any such delay. Time for delivery shall not be of the essence.
6.4 If we are delivering a bespoke product to you or your venue and no-one is available to take delivery as agreed, we will leave you a note informing you of how to rearrange delivery or collect the product from us. If you do not collect a product from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect the product from us, we will contact you for further instructions and may charge you for the costs of storage and any further delivery.
7. Cancellations
7.1 In placing your order, you are acknowledging that your statutory rights as a consumer to return goods purchased, including your right to change your mind about an order placed online, generally do not apply to perishable items including food products or to tailor–made or personalised items.
7.2 If you wish to cancel your order for any product you must do so in writing by emailing contact@beyondfyre.com.
7.3 In the event that you cancel an order, the following cancellation fees will apply:
Where the supplier is a third party, their specific terms and conditions for returns and refunds shall apply.
Where we are the supplier, less than seven days prior to the date: 50% of the full amount
Less than three days prior to the event: full amount
7.4 In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability we will carry the monies paid forward to the new event date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancellation.
7.5 We may terminate any contract and cancel your order immediately by giving you notice if:
You fail to pay on time and in full any monies due to us under the contract;
You commit any other breach of that contract; or
We are prevented from fulfilling your order by events outside of our control including (without limitation) unavailability of raw materials, components or products, power failure or interruption to utilities, changes in law or regulation, fire, flood or any strike or industrial action affecting any third party, provided that we refund all monies paid by you in respect of products that have not been delivered.
7.6 Termination of this Agreement for whatever reason shall not affect the rights and liabilities of each party that have accrued up to the point of such termination and any provision in these Terms that is expressly or impliedly intended to take or continue in effect from the point of termination shall continue in full force and effect.
8. Complaints
8.1 Complaints are rare and due to the amount of work we put into each individual order, we take them very seriously. Both parties agree not to post any negative information about the other in connection with the Contract or products purchased on any online forum or website, without providing advance written notice of the intended content thereof and providing the other party with a reasonable opportunity to resolve any issues amicably.
8.2 Where a complaint regards the quality of a product then the product, or the remainder of it, must be returned to us as soon as practically possible after opening and in any event, within 48 hours after collection or delivery, to ensure that we are able to fairly assess the nature of the complaint.
8.3 Please note that we are only able to deal with the customer who placed the original order.
9. Our Liability to You
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful for us 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 defective products under the Consumer Protection Act 1987; and for breach of your legal rights in relation to the products including the right to received products which are as described and of satisfactory quality.
9.2 Subject to paragraph 10.1, our total aggregate liability to you shall not exceed an amount equal to the total value of your order. Further, we shall have no liability to you in respect of any indirect, consequential or purely economic losses.
9.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. Changes to these Terms
10.1 We may change these Terms at any time by amending this page. You are responsible for checking this page regularly to obtain timely notice of such changes as any changes will be binding on you if you place any further orders for products.
10.2 Any change to these Terms shall not affect contracts formed between you and us before the date of such change. However, if we do update these Terms, the version to which you originally agreed may no longer be available on our website and so we recommend that you retain a copy for future reference.
C General
1. The Terms constitute the entire agreement between you and us in respect of any product(s) you purchase from Beyond Fyre and shall supersede and replace all previous agreements, promises, assurances, warranties and representations between you and us, whether written or oral, relating to their subject matter.
2. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. 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 of 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 remind you but we continue to provide the products, we can still require you to make the payment at a later date.
4. 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. Any contract entered into in respect of our products is between you and us only. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
6. These Terms are governed by and shall be construed in accordance with English Law. Any claim or dispute relating to these terms or the Products we have supplied to you (including non-contractual claims and disputes) shall be subject to the exclusive jurisdiction of the English Courts, unless you live in Scotland or Northern Ireland in which case, you can also bring legal proceedings in (respectively) the Scottish or Northern Irish courts.
D Notices
Method of service - Any notice given under this Cancellation Policy shall be in writing and may be served by personal delivery, recorded delivery or email to the address of the relevant party.
Notices sent by post will be deemed served 48 hours after posting.
For email notices, service will be deemed on the next working day after sending.
Address for service - The address for service of notices is:
Harley Street Executive Limited, c/o Evelyn Salisbury, Old Library Chambers, 21 Chipper Lane, Salisbury, Wiltshire, United Kingdom, SP1 1BG
Consumer rights
None of the above Terms and Conditions affects your statutory consumer rights.