Figgy’s Puddings Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.figgys.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By making an order, you confirm that you agree to these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.figgys.co.uk is a site operated by Figgy’s Puddings (we, us). We operate our business as a partnership and our main trading address is Glebe Farm, Kenn, Exeter, EX6 7UL, United Kingdom
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the European Union. Unfortunately, we are unable to accept orders from individuals outside the European Union.
3. YOUR STATUS
By placing an order through our site, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old; and (c) You are acting in a private capacity as a consumer.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between you and us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. CONSUMER RIGHTS
5.1 As your order will be for perishable food products, the Distance Selling Regulations do not apply in full. We are, however, committed to ensuring that all our products meet our strict quality standards and that our customers get the best possible service. Therefore, if you have any problems with your order, please let us know within seven working days of receiving it and we will look into it for you. In the unlikely event that one of our products does not meet our high standards, you will receive a full refund of the price paid for the Product in question in accordance with our refunds policy (set out in clause 9).
5.2 To cancel an order, please email us using the form on our Contact Us page before the order has been dispatched.
5.3 This provision does not affect any statutory rights to which you might be entitled.
6. AVAILABILITY AND DELIVERY
6.1 Naturally, you will want your Christmas pudding for Christmas. So that we can make sure that our Products are in the delivery system in good time, we ask that all orders are made by a set date which is published here in the Autumn each year. Orders placed after these dates will be dispatched as soon as possible but may not arrive in time for Christmas.
6.2 In the unlikely event that we are unable to fulfil your order, we will make sure that we tell you at the first opportunity to make sure that you can source alternatives in time for Christmas.
6.3 Please also see 8.3 below regarding delivery locations.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time that we pass them to the courier to be delivered.
7.2 Ownership of the Products passes to you when the Products have been passed to the courier for delivery. For the avoidance of doubt, this should be assumed to be the same time as the Dispatch Confirmation is sent.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices are inclusive of all relevant UK taxes but exclude delivery and export costs Delivery costs will be added to the total amount due as set out on our site but you are responsible for any and all costs and formalities in relation to the import of the Products into your country.
8.3 Some post codes and regions in the UK and in the EU are more expensive to deliver to via courier (for example, the Highlands of Scotland, Northern Ireland and the Isle of Wight). The delivery prices quoted on our website are accurate for the majority of locations in the UK and EU. If you have requested delivery to a location for which our courier adds a surcharge, we will let you know before dispatching your order and give you the opportunity to withdraw your order.
8.4 Although we try to make sure that all the information on our site is correct and up to date, it is possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment online via Paypal. We also accept sterling cheques drawn on a UK bank for telephone orders. Cheques must clear before dispatch so orders must arrive 7 days before the last dispatch date.
8.7 Payment must be received in Pounds Sterling.
9. OUR REFUNDS POLICY
9.1 When you cancel your order before Dispatch Confirmation in accordance with these terms and conditions, we will refund the price of the Product in full, including the cost of delivery.
9.2 When you return a Product to us for any other reason (for instance, because you have notified us in accordance with these terms that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 The safety of our customers is very important to us. We realise that a number of customers may have various allergies including nut allergies. Therefore, we have provided allergen information on the site. If you have any questions, please email us before ordering.
10.2 By ordering, you have confirmed that you have read and understood the contents of the allergen advice concerning the relevant Product. All our Products are made in an environment in which nuts and other allergens are present.
10.3 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.4 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.5 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.
10.7 Nothing in this clause attempts or seeks to limit or exclude your statutory rights.
11. WRITTEN COMMUNICATIONS
All communications between us shall be in English. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Joanne Evans at Figgy’s Puddings, Glebe Farm, Kenn, Exeter, EX6 7UL, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in these terms and conditions. Notice will be deemed received and properly served three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Dispatch Confirmation).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.