5. Orders – How Contracts Are Formed

   1. Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

   2. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

   3. Order Confirmations shall contain the following information:

      1. Your Order Number;

      2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

      3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

      4. Estimated delivery date(s) [and time(s)];

   4. We will also include a paper copy of the Order Confirmation with your

      Goods.

   5. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within seven days.

   6. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

6. Payment

   1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process using PayPal.

           1. All Goods purchased through Our Site will normally be delivered within 14 calendar days after the date of Our Order    Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).

1. If We are unable to deliver the Goods on the delivery date, the following will apply:

             1. If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox      [or left in a safe place nominated by you], We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;

3. Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.

4. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.

5. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

9. Cancelling and Returning Goods if You Change Your Mind

1. If you are a consumer in the European Union, you have a legal right to a “cooling-off” period (apart from bespoke orders), within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.

2. If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period through our Contact Us page or by email to nicky@dunkyspoons.co.uk. Cancellation by email is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the following details:

            Email: nicky@dunkyspoons.co.uk providing Us with your name, address, email address, telephone number, and Order Number.

3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.

4. Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:

   1. If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

   2. If the Goods are likely to deteriorate quickly, for example, flowers or food;

   3. If the Goods have been personalised or custom-made for you;

   4. If the Goods have been inseparably mixed with other items (according

      to their nature) after you have received them.

5. Please ensure that you return Goods to Us no more than 14 working days after the day on which you have informed Us that you wish to cancel under this Clause 12.

6. You may return Goods to Us by post to Our returns address at 41 Grange Avenue, Stretford, Manchester, M32 0DA.

7. Refunds under this Clause 12 will be issued to you within 14 calendar days of the day on which We receive the Goods back; or

10. Our Liability to Consumers
1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

2. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

3. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

11. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

    2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

       1. We will inform you as soon as is reasonably possible;

       2. We will take all reasonable steps to minimise the delay;

       3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

       4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

       5. If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;

       6. If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled.

12. Communication and Contact Details

    1. If you wish to contact us with general questions or complaints, you may

       contact us by email at nicky@dunkyspoons.co.uk,

    2. For matters relating the Goods or your Order, please contact us, by email at nicky@dunkyspoons.co.uk

3. For matters relating to cancellations, please contact us by email at nicky@dunkyspoons.co.uk.

13. Complaints and Feedback

1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

2. If you wish to complain about any aspect of your dealings with Us, please contact us by email, addressed to Nicky Bray at nicky@dunkyspoons.co.uk

14. How We Use Your Personal Information (Data Protection)

    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

    2. We may use your personal information to:

       1. Provide Our Goods and services to you;

       2. Process your Order (including payment) for the Goods; and

       3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.

    3. We will not pass on your personal information to any third parties [without first obtaining your express permission].

15. Other Important Terms

    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

    2. The Contract is between you and Us. It is not intended to benefit any other person or a third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

    3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

    4. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

    5. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 working days of your cancellation.

16. Law and Jurisdiction

1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.