TERMS AND CONDITIONS OF SALE
The following are the terms (“Terms”) on which Doughnut Time (Retail) Limited (“we”, “our”, or “us”) have agreed to supply doughnuts (“Products”) to you (“you” or “your”).
We are Doughnut Time (Retail) Limited a company registered in England and Wales. Our company registration number is 10740633 and our registered office is at 24 Robert Cort Industrial Estate, Britten Road, Reading, Berkshire, England, RG2 0AU. Our registered VAT number is GB 270539891.
1.1 You may place an order for the Products from us by telephone or email or by using our online order form but no order submitted by you shall be binding on us unless and until we have sent you an email confirmation accepting the same (“Confirmation”).
1.2 You shall be responsible for ensuring the accuracy of the terms of any order and for checking that the Confirmation is correct.
1.3 Once we send you the Confirmation, you may not cancel your order except with our consent (and it will be a condition of our consent that you reimburse us for all costs we have incurred in processing your order).
1.4 These Terms shall apply to the exclusion of any terms that you seek to impose.
2.1 We will use reasonable endeavours to ensure that the size and description of the Products delivered conform to those ordered by you, as set out in the Confirmation, although minor variations may occur.
2.2 Where you require us to make Products specifically to your requirements (“Customised Products"), we shall provide you with a sample and make up to two rounds of revisions before making the finalised Products.
2.3 We will take reasonable steps to pack the Products and to ensure that the Products will be in good condition when they are collected from our store (by you or a courier as referred to in clause 3).
2.4 We warrant that when the Products are collected from our store they will: 2.4.1 conform in all material aspects with their description or any sample we provided to you;
2.4.2 be of satisfactory quality;
2.4.3 be fit for human consumption; and
2.4.4 comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.
2.5 This warranty does not apply: 2.5.1 to any defect in the Products arising from wilful damage, accident or negligence by you or any third party;
2.5.2 if you store or use the Products in a way that we do not recommend; or
2.5.3 if you fail to follow our instructions in relation to the Products.
2.6 In the unlikely event that the Products do not conform with the above warranty we will provide you with a refund (using your original payment method), exchange voucher or replacement Products.
2.7 These terms will apply to any replacement Products we supply to you.
3.1 You may collect the Products from us at one of our stores or you may ask us to arrange for a courier to collect them on your behalf (in which case we will charge an additional fee which will be set out in the Confirmation).
3.2 Delivery of the Products shall be completed when you collect them from us or when we inform you that they are ready for collection.
3.3 We will take reasonable steps to meet the delivery date and time set out on the Confirmation or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date and/or time with you.
4 Consumer Rights
4.1 Where you are a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”) will not apply to this terms as the Products are made bespoke to your requirements.
5 Price and Payment
5.1 The price for the Products shall be the price agreed when the Products are ordered from us as set out in the Confirmation. Prices are liable to change at any time, but price changes will not affect your orders after we have sent you the Confirmation.
5.2 All prices given by us are exclusive of any courier costs, which will be added to the total amount due.
5.3 Unless otherwise agreed non-Customised Products must be paid for when you place the order. We accept payment by credit or debit card, and BACS.
5.4 To order any Customised Products, you must pay us a non-refundable deposit before we make the Products.
5.5 If you request customised packaging with the Customised Products, you must pay for the customised packaging, as well as the deposit, when placing the order.
5.6 The balance of the price must be paid once you have approved the samples.
5.7 If you decide not to go ahead after we have made the sample, the deposit, and the cost of the customised packaging, will not be refunded.
5.8 If you fail to make any payment when due, we will cancel your order.
6.1 Where we agree to provide a refund (as described in these Terms), you must provide us with one of the following proofs of purchase: 6.1.1 original mobile app receipt (we cannot accept photocopies);
6.1.2 original point-of-sale receipt;
6.1.3 financial statement showing the purchase (bank or credit card statement).
6.2 We reserve the right to reject and / or cancel any agreed refunds if you are unable to provide proof of purchase as set out in clause 6.1 above.
6.3 We reserve the right to reject any return, refund or exchange requests where you: 6.3.1 changed your mind;
6.3.2 bought the wrong Product; or
6.3.3 bought the wrong flavour, size, type or quantity.
7 Risk and Property
8.1 The Products shall be your responsibility from the time of delivery (i.e. when they are collected from our store by you or a courier).
8 Limitation of Liability
8.1 We shall not be responsible nor liable for any losses that result from our failure to comply with these Terms, including but not limited to, losses that fall into the following categories: 8.1.1 loss of income or revenue;
8.1.2 loss of business;
8.1.3 loss of anticipated savings; or
8.1.4 indirect or consequential loss.
8.2 Where you act as a consumer, we shall not exclude our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
8.3 In any event, we shall not limit or exclude our liability for: 8.3.1 death or personal injury caused by our negligence; or
8.3.2 fraud or fraudulent misrepresentation; or
8.3.3 any other matter for which it would be illegal or unlawful for us to exclude or limit our liability.
9 Data Protection
accessed on our website at https://doughnuttime.co.uk/privacy-policy/, as amended by us by notification to you from time to time.
10.1 Without limiting our other rights or remedies, we may terminate or suspend the supply of the Products with immediate effect by giving written notice to you if: 10.1.1 you commit any material breach of any provision of these Terms;
10.1.2 we have provided you with credit terms and you fail to pay any amount due for the Products on the due date for payment; or
10.1.3 you are subject to an insolvency event, including without limitation winding up or bankruptcy proceedings, administration or voluntary arrangement.
11.1 We shall not be responsible nor liable for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
11.2 If any provision of these Terms is declared by any judicial or any competent authority to be void, voidable, illegal or otherwise unenforceable, it shall be limited or eliminated to the maximum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.
11.3 The Confirmation and these Terms contain the entire agreement between you and us and supersede any prior agreement whether written or oral. You acknowledge that you have not relied on any verbal or written representations made by us or our employees or our agents.
11.4 Any notice given under these Terms shall be validly given if sent by email to such email address as may be given by one party to the other (provided the email is supported by a valid server delivery receipt). A notice given under this clause shall be treated as having been received at the time it is sent provided it is sent on a working day or, in any other case, on the next working day.
11.5 No variation of these Terms shall be binding unless made in writing and signed by you and us.
11.6 No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
11.7 These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.8 These Terms shall be governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to decide any dispute concerning these Terms.