DEVON FUDGE COMPANY LIMITED
1. Application of these terms and conditions
These terms and conditions apply to our website, (Website).
In these terms and conditions, ‘you’ and ‘your’ means the person using the Website and ‘we’, ‘us’ and ‘our’ means Devon Fudge Company Limited, further details of which are set out below:
DEVON FUDGE COMPANY LIMITED, a company registered in England and Wales
Company registration number: 09897485
Registered office address: 46 Copse Road, Plympton, Plymouth, Devon, PL7 1PZ
Telephone: 01752 342232
Your use of the Website and any order for goods or services that you may place through the Website is subject to these terms and conditions. If you have any questions about these terms and conditions, then please contact us before proceeding with any order.
We reserve the right to vary our terms and conditions from time to time, and any changes will take effect from the time they are uploaded to the Website and we will endeavour at that time to give notice of the change by placing a notification on the Website. Any variations of the terms and conditions will not apply retrospectively to any use of the Website or order placed before we upload the varied terms and conditions. Do please check these terms and conditions whenever you visit the Website.
Please note that due to variations in the laws of different states, we cannot guarantee that we can accept orders from all parts of the world. If you would like to place an order with us from outside of the UK and Channel Islands, European Union and European Economic Area but are not sure if we can deliver to you, then please do contact us so that we can discuss your requirements.
THE ORDER PROCESS
Your submission of an order through the Website will be a request for us to provide you with your choice of our products. If the product you have ordered is not available, we will take reasonable endeavours to contact you in order to discuss substitution for a similar product or to cancel your order and process a refund.
We do have to reserve the right to decline orders where, for example, it is for delivery to a territory that we are not presently able to supply to or we have difficulty authorising your payment instruction.
Our system will generate an electronic confirmation of receipt of your order so that you know when this has been successfully submitted, but this confirmation will not form a legal commitment on our part. When we accept your order we will send you a separate electronic notification of acceptance at which point a legally binding contract will be formed between us.
Do please check your order carefully before submitting this as when we accept your order our obligation will only relate to the goods (including quantity and delivery details) as set out in your order. We cannot accept liability for any errors, such as an incorrectly stated address or order quantity or wrong selection of product, and you will still be obliged to pay us for the goods that you have ordered (subject to these terms and conditions). If you do notice an error in your order after it has been submitted then please contact us immediately so that we can see if we can arrange a cancellation or change to your order, but be aware that we may not be able to do so. This does not affect your statutory rights.
NATURE OF THE GOODS AND SERVICES
At Devon Fudge Company our fudge is expertly handmade, using traditional recipes and care to give our products a quality flavour to be enjoyed by all. Our products may contain traces of nuts. We cannot guarantee that our products, whether or not stated to contain nuts, are made in a nut free environment. If you have any concerns about possible allergens, please contact us before you place your order.
All orders must be paid for in full in advance before your order can be accepted, with the acceptable methods of payment set out on the Website.
The price of the products and our delivery charges will be as quoted on the Website and will be confirmed to you on screen before you submit your order. This figure will include any VAT payable in respect of the order as at the date of the order. Except in cases of obvious error (see below), you will only be required to pay the amount quoted before you submit your order.
In the event that we change our pricing structure, any such changes will not apply to existing orders that we have already accepted. If we have not already accepted your order when the price change takes effect, we will contact you first to discuss your order and to confirm that you are happy to proceed at the revised price.
Due to the large number of products and options available through the Website, unfortunately occasional errors can occur in our pricing system. When this happens, if the correct price for the products is lower than the price we have quoted to you when you placed your order then we will normally only charge you the lower price. If the correct price is higher, we will normally proceed at the lower quoted price. However, if the error was obvious and unmistakable and could have reasonably been recognised by you as an error, then we will not be obliged to proceed with your order at the incorrect (lower) price and we will offer you the option of proceeding at the correct (higher) price or cancelling your order and receiving a full refund of the price paid.
Vertical Plus will act as our distribution agent. The expected delivery time and price of delivery will be shown to you as part of the ordering process before you submit your order and you can change your preference before you submit your order. Please see the Website for further details.
Any orders placed before 12 noon will usually be dispatched the next working day. Any orders placed after 12 noon will usually be dispatched within 2 working days.
We will endeavour to fulfil your order by the delivery date shown on the Website summary of your order before it was placed by you or as may be set out in the notice of acceptance of your order, but in any event we will endeavour to fulfil all orders within 30 days of acceptance. If we become aware of any exceptional circumstances causing delays in fulfilling your order, we will endeavour to contact you to keep you informed of the anticipated delivery date. Unfortunately, despite our best efforts, delivery dates cannot be guaranteed. Thus, time is not of the essence of delivery.
Unfortunately, we cannot accept any liability for any failure or delay in fulfilling your order caused by any error in your order or by circumstances beyond our reasonable control (such as, but not limited to, flood or other adverse weather conditions, accident, traffic congestion, obstruction of access, terrorism, or industrial action).
We will be responsible for any loss or damage to the products prior to their delivery to you. The products will be at your risk and responsibility from completion of delivery to the address that you provided with your order.
5. Refund policy
In the unlikely event that we have made an error in the preparation of your ordered products, or any of the products are not as described, or are faulty or damaged in delivery to you, or any part of your order is missing, then please contact us so that we can discuss the issue with you and whether and how you can obtain a replacement or refund of the affected products.
In the first instance, please contact us by [sending us an email, setting out the details of your order (including date and order number) and the nature of the problem to:
This is without prejudice to your statutory rights which may include the right to reject the delivery and to obtain a full refund.
At Devon Fudge Company we offer a no-quibble satisfaction guarantee with your purchase. Therefore, if for any reason you are not satisfied with our products, you can return them to us within 14 days of delivery. Please note that you will need to be responsible for arranging the return of the products to us at your own cost, with proof of postage recommended. Alternatively, if you would like us to arrange collection, please contact The Devon Fudge Company by email, the details of which can be found below:
Please be aware that if you wish us to arrange collection of the products from you, you will be charged at a cost to return the products and this amount will be deducted from your total refund. This does not affect your statutory rights.
In addition to our no-quibble satisfaction guarantee, you have the statutory right to cancel the contract entered into with us by giving us written notice of cancellation within 14 calendar days after the day on which the goods were delivered to the address that you provided in the order. Subsequently, you must return the goods to us, in their original condition and packaging, no later than 14 calendar days after the day on which you let us know that you wish to cancel the contract. In order to cancel the contract, please contact us at email@example.com and return the goods to:
The Devon Fudge Company
10 Bell Close
A template cancellation notice is attached, but you do not have to use this form but please ensure that your cancellation notice is clear and correctly identifies the order that you are cancelling.
We aim to provide you with the highest quality products and excellent customer service. However, if for any reason you wish to make a complaint, please contact Vertical Plus by [email/telephone/letter], the details of which are set out above.
We will endeavour to resolve your complaint within 7 days.
7. Our warranties to you and limitation of our liability to you
We warrant that the products will, on delivery to you, be of satisfactory quality and in accordance with the specification forming the basis of the order as accepted by us. If you have any concerns about the quality of the products or if you believe that we have made an error with the delivery, please consult our refund policy and contact us as explained above so that we can endeavour to resolve this as soon as possible and to your satisfaction.
We and our directors, employees and agents exclude all liability and responsibility for any indirect, punitive or consequential loss or damages (which terms include loss of goodwill, loss of income, loss of profits, and loss of data) that you or any third party incur or suffer as a result of any breach of contract, tort or negligence on our part or arising from your use of the Website. While we take great care to maintain up to date and effective systems to prevent malicious code, hacking and other unauthorised access affecting our Website, due to the scale and rapidly changing nature of malicious code, hacking and other unauthorised access, this limitation of liability extends to any loss or damage caused by such matters despite our efforts to prevent this.
Nothing in these terms and conditions shall exclude or limit our liability for:
• death or personal injury caused by negligence;
• fraudulent or deliberate misrepresentation;
• or any liability which cannot be excluded or limited under applicable law.
ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
We are committed to protecting and respecting your privacy.
This policy (together with these terms and conditions) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (“the Act”) the data controller is Devon Fudge Company. Vertical Plus is our processing agent.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
• information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with the Website.
• if you contact us, we may keep a record of that communication.
• we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• details of transactions you carry out through our site and of the fulfilment of your orders.
• details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• IP addresses - We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
TRANSFER AND STORAGE OF DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology]. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
HOW WE MAY USE YOUR INFORMATION
We use information held about you in the following ways:
• to ensure that content from the Website is presented in the most effective manner for you and for your computer.
• to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• to carry out our obligations arising from any contracts entered into between you and us.
• to allow you to participate in interactive features of our service, when you choose to do so.
• to notify you about changes to our service.
We may also use your data, or permit our agents to use your data, to provide you with goods or services that you have ordered through the Website or to provide you with information about our goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
We will only contact you by electronic means (e-mail or SMS) with information about our goods and services similar to those which were the subject of a previous sale to you.
Your personal information will not be shared with third party organisations or used by us to market third party goods or services.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate anonymous information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
• in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• if our business or substantially all of its assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or in order to enforce or apply our terms and conditions of supply and other agreements with you; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. Please review the privacy and contact options on the [order] section of the Website or contact us if you wish to change your preferences. You can exercise this right at any time by contacting us.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
You have the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee as prescribed by the Act to meet our costs in providing you with details of the information we hold about you.
9. General terms
These terms and conditions and the details of your order as accepted by us constitute the entire agreement between us in respect of the use of this Website and the products ordered through it.
If any of these terms and conditions is found to be invalid or unenforceable, the remaining provisions of this agreement shall not be affected and shall remain fully enforceable.
No waiver by us of any breach by you of any of these terms and conditions shall be deemed to constitute a waiver of any repeated or other breach by you.
No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10. Law and jurisdiction
These terms and conditions and all contracts between us the subject of these terms and conditions are governed by English law and any disputes are subject to the exclusive jurisdiction of the courts of England. This does not affect any mandatory non-excludable consumer laws applicable to you when you place an order from outside of the UK which we accept.
11. Example cancellation notice under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Request for provision of services within the cancellation period under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
To: Devon Fudge Company Limited
10 Bell Close
I/We hereby confirm:
I/We wish to cancel the contract identified below;
I/We agree that we will return the goods comprised in the contract to you or your agent (Vertical Plus), in their original condition and packaging, no later than 14 calendar days after the date I/We gave you this notice.
I/We will be responsible for all reasonable costs of returning the goods to you.
The contract (reference number): _______________
Ordered on (date): _______________
Name of consumer(s): _________________________________________________
Address of consumer(s): _________________________________________________
Signature of consumer(s):