Luxury Handmade Christmas Puddings
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Terms and Conditions

Figgy’s Terms and Conditions of Supply and Website Use

 

We are Figgy’s Ltd, Glebe Farm, Kenn, EX6 7UL (registered address: Michael House, Castle Street, Exeter, EX4 3LQ. Company registration number: 09851007).
Site is www.figgys.co.uk
You are a visitor to our Site

It’s important that you read and understand what's written in these Terms and Conditions (T&Cs), as they set out what you can expect from us and vice versa.

BY ENTERING OUR SITE YOU ARE ACCEPTING THESE T&Cs

We do change these T&Cs from time to time, so you must always visit this page to see what changes we’ve made – we’ll assume that you have each time you contact us.

AGREEMENT
• This page is meant to form the basis of the relationship between us, and both you and we agree to be bound by what it says.
• No agreement to buy any Goods from us will come into effect until we have e-mailed you to confirm dispatch of the Goods. That agreement will be subject to these terms and conditions.
• If you wish to order more than one of our products, each product will be the subject of a separate contract which is not dependent on the delivery of any other part of your order.
• Please note that we can only supply Goods within the EU.

DEFINITIONS – There are some definitions at the bottom of the page.

YOUR PROMISES TO US
You warrant and agree that:
• you have the right to make this Agreement with us and that you are over the age of 18 years
• if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to
• you won’t use robots, spiders, scrapers or similar things on our Site
• you won’t try to get around any things we put on the Site to stop or limit access to parts of it
• you won’t do anything that might cause our systems to crash
• you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application
• you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site or the services it offers
• you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own

INTELLECTUAL PROPERTY
Either we or our affiliates own all of the information and intellectual property on the Site.

You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.

PRICE AND PAYMENT
• Our prices are inclusive of VAT but do not include delivery
• Our prices are correct at the time we post them but sometimes they change. If they increase, we will do our best to supply the Goods at the price on the Site. If they reduce, we will charge you the lower price. Any obvious errors will not bind us.
• If your purchase is for delivery outside the United Kingdom, you will be responsible for any additional taxes or duties imposed upon the Goods.

DELIVERY
Any Goods you buy from us will be despatched to you in the manner you have selected on the Site but we cannot guarantee that any delivery time quoted will be met.

If you place an order after the final posting date we have shown on the Site, we cannot guarantee delivery for Christmas.

You will own the Goods and the risk in them as soon as we have passed them to the delivery service.

Unless you advise us otherwise within 3 days of receipt of the Goods, you are deemed to have accepted that the Goods are satisfactory and with no problems.

CANCELLATION
You may cancel any order up to the time when we issue the dispatch confirmation email. We will refund all the money you have sent us if you cancel in this way.

If you are buying any Goods from us as a consumer then the following provisions apply.

You agree that, for the purposes of the agreement between us and for the Consumer Legislation we may confirm the terms of this agreement and the Goods we are providing to you by email.

If you receive Goods which:
• do not match the description of the Goods that you ordered from us; or
• have faults when they are delivered to you; or
• have been damaged in transit;

You must contact us within 3 days of delivery to arrange for their return. You will be responsible for paying shipment costs and we will have the option to replace the Goods (if available) or to refund you through the payment method used by you when purchasing the Goods. Such refunds and/or replacements will be issued only upon our receipt of the returned Goods.

Because the Goods we sell are perishable foodstuffs, the Consumer Legislation does not apply to them in full but if, after you have received the Goods you change your mind, we suggest that you contact us as soon as possible to discuss your position and we will try to help.

We reserve the right to amend the amount we refund pursuant to this Agreement in the following circumstances:
• you have used and enjoyed the Goods;
• the Goods are of a nature which may cause them to deteriorate or expire rapidly and you do not communicate with us in a timely manner;
• if the individual packaging has been opened;
• any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to you at the time of purchase.

If you are not buying as a consumer we will not accept returns unless we have agreed with any complaint or observation you have made to us within 3 days of receipt of the Goods.

PRIVACY & COOKIES
We and You both agree that our Privacy and Cookie Policy forms part of these T&Cs. You can find links to these policies in the footer of each page of our website.

DISCLAIMERS
We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.

We can’t promise that it will work with all systems; that it will be secure and that all information provided will be accurate.

Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. You must take steps to double check that that advice is effective for you.

We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.

The only rights you have under these T&Cs are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.

PROBLEMS
We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away.

We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.

AVAILABILITY OF THE SITE
We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.

We have the right to change the Site and the services it offers, suspend it or stop it at any time.

LIMITATION OF LIABILITY
As far as we are allowed by law, we deny liability for any losses of all kinds which you incur from visiting the Site or from the purchase or use of any Goods from us. You use the Site at your own risk.

We do not accept any liability if you are using the Goods for commercial purposes.

You undertake and agree that you have read all advice we publish about possible allergies.

Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

LINKS TO OTHER WEBSITES
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.

Just because we link to a site does not mean that we endorse or recommend that site.

We can never guarantee that a link will work.

If you find any link we offer to be offensive, please let us know and we will consider removing it.

If you link to any other site using our Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.

MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
These T&Cs will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the Site, you are confirming to us that you are aware of any changes.

We also have the right to change the Site as and when we wish, but these T&Cs will still apply to any changes we make.

GENERAL
• Operative Law – this Agreement is made under the laws of England and Wales and that is the only jurisdiction which can govern it.
• Partnership/Joint Ventures – we and you agree that this Agreement does not form the basis of any partnership or co-venture.
• Effect of Agreement – this Agreement supersedes any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
• Time of the Essence – time will not be of the essence in any part of this Agreement.
• Warranties – all parties acknowledge and agree that they have not entered into this Agreement in reliance on anything said or promised by the other which is not in these T&Cs.
• Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
• Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand.
• Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
• Entire Agreement – these T&Cs contain the entire understanding between us.

THE SCHEDULE
Definitions

Consumer means the Consumer Contracts (Information, Cancellation and Additional Legislation Charges) Regulations 2013

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 the Site.

Goods means any goods or products you purchase from us

System means the communications system or systems we use in connection with the Site.

T&Cs means these terms and conditions.

User means any person, firm or company using the Site for any purpose.