Luxury Handmade Christmas Puddings
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Terms and Conditions

TERMS AND CONDITIONS OF USE OF OUR WEBSITE AND FOR THE SUPPLY OF GOODS

We are Figgy’s Ltd, a company registered in England and Wales (reg no. 09851007), and whose registered address is Michael House, Castle Street, Exeter, EX4 3LQ.
Our website is www.figgys.co.uk

By entering our website and/or confirming an order, you are accepting these T&Cs.

AGREEMENT
• 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.
• These T&Cs are meant to form the basis of the relationship between us, and both you and we agree to be bound by what it says.
• After placing an order, you will receive an email 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 the Goods.
• All orders are subject to acceptance by us. No agreement to buy any Goods from us will come into effect until we have emailed 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 UK and EU.

THE SCHEDULE
Definitions:
Consumer Legislation means the Consumer Contracts (Information, Cancellation and Additional 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 our website.
Goods means any goods or products you purchase from us.
System means the communications system or systems we use in connection with our website.
T&Cs means these terms and conditions.
User means any person, firm or company using our website for any purpose.

PRICE AND PAYMENT
Our prices are inclusive of VAT (where applicable) 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 our website. 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
We dispatch all orders to arrive in time for Christmas. If you require your order earlier than this, you must specify this when you order, by adding a note in the order form in the ‘delivery instructions’ or ‘special requests’ box. We require 7 days notice to expedite an order, but cannot guarantee that any delivery time requested will be met. We will let you know if it cannot be fulfilled and will refund your order. 

If you place an order after the final posting date we have shown on our website, 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.

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.

Unless you advise us otherwise within 3 days of receipt of the Goods, you are deemed to have accepted that the Goods are as ordered and with no damage/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.

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
Any advice given on our website 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 our website. In the very unlikely event of any loss, disruption or damage caused by material on our website, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.

We never guarantee that our website 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 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.

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

The only rights you have under these T&Cs are those mentioned within them (unless it is a right given to you under the laws of England and Wales).

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.

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

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 our website or from the purchase or use of any Goods from us. You use our website 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 allergens.

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

MODIFICATIONS TO THESE TERMS AND CONDITIONS & OUR WEBSITE
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 our website, you are confirming to us that you are aware of any changes.

We also have the right to change our website 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.