TERMS AND CONDITIONS
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.dunkyspoons.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts, are in the English language only.
1. Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 8;
means the goods sold by Us through Our Site;
means the goodwill guarantee offered by DunkySpoons Hot Chocolate Company whose main trading address
is: 41 Grange Avenue, Stretford, Manchester, M32 0DA
Which exists to enhance the legal rights of Our customers in the United Kingdom to change their mind and return Goods to Us;
means your order for Goods;
means our acceptance and confirmation of your Order;
means the reference number for your Order;
means DunkySpoons Hot Chocolate Company, whose registered address is 41 Grange Avenue, Stretford, Manchester, M32 0DA United Kingdom and whose main trading address is 41 Grange Avenue, Stretford, Manchester, M32 0DA, United Kingdom.
2. Information About Us
1. Our Site, www.dunkyspoons.co.uk is [owned by DunkySpoons Hot Chocolate Company and operated by
Dazzling Ideas (www.dazinthehat.com)
Access to and Use of Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Use of Our Site is subject to our Website Terms & Conditions of Use. Please ensure that you have read them carefully and that you understand them.
Goods, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary
Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
Some goods are only available to order, details can be found as per item description.
Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. [All pricing information is reviewed and updated every six months. Changes in price will not affect any order that you have already placed.
All prices are checked by Us before We accept your Order. In the unlikely event that we have shown incorrect pricing information, we shall honour the price shown on our website.
Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to Delivery Information. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
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.
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.
Order Confirmations shall contain the following information:
Your Order Number;
Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
Estimated delivery date(s) [and time(s)];
We will also include a paper copy of the Order Confirmation with your
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.
Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
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.
7. Delivery, Risk and Ownership
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).
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;
2. If you do not collect the Goods or rearrange delivery within 18 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
In the unlikely event that We fail to deliver the Goods within 14 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub- Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
We have refused to deliver your Goods; or
In light of all relevant circumstances, delivery within that time period was essential; or
You told Us when ordering the Goods that delivery within that time period was essential.
If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances applies, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
8. Faulty, Damaged or Incorrect Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at email@example.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement.
Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
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Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
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
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.
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 firstname.lastname@example.org. 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: email@example.com providing Us with your name, address, email address, telephone number, and Order Number.
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.
Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
If the Goods are likely to deteriorate quickly, for example, flowers or food;
If the Goods have been personalised or custom-made for you;
If the Goods have been inseparably mixed with other items (according
to their nature) after you have received them.
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.
You may return Goods to Us by post to Our returns address at 41 Grange Avenue, Stretford, Manchester, M32 0DA.
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
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.
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.
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.
Events Outside of Our Control (Force Majeure)
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.
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:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
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;
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;
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;
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.
Communication and Contact Details
If you wish to contact us with general questions or complaints, you may
contact us by email at firstname.lastname@example.org,
For matters relating the Goods or your Order, please contact us, by email at email@example.com
3. For matters relating to cancellations, please contact us by email at firstname.lastname@example.org.
13. Complaints and Feedback
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.
If you wish to complain about any aspect of your dealings with Us, please contact us by email, addressed to Nicky Bray at email@example.com
How We Use Your Personal Information (Data Protection)
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.
We may use your personal information to:
Provide Our Goods and services to you;
Process your Order (including payment) for the Goods; and
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.
We will not pass on your personal information to any third parties [without first obtaining your express permission].
Other Important Terms
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.
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.
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.
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.
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
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.
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.
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.
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This policy covers all data that is shared by a visitor with us whether directly via [www.dunkyspoons.co.uk] or via email. This policy been created by the internet marketing experts at Surge Digital on our behalf, and is occasionally updated by us so we suggest you re-review from time to time.
This policy provides an explanation as to what happens to any personal data that you share with us, or that we collect from you either directly via this Website or via email.
Certain businesses are required under the data protection act to have a data controller. For the purpose of the Data Protection Act 1998 our data controller is [Nicky Bray] and can be contacted via email at [firstname.lastname@example.org].
1. Information we collect
In operating our Website we may collect and process the following data about you:
1.1 Details of your visits to our Website and the resources that you access including, but not limited to, traffic data, location data, weblog statistics and other communication data.
1.2 Information that you provide by filling in forms on our Website, such as when you register to receive information such as a newsletter or contact us via the contact us page.
1.3 Information provided to us when you communicate with us for any reason.
On occasion, we may gather information about your computer for our services, and to provide statistical information regarding the use of our Website to our advertisers.
Such information will not identify you personally, it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever. It is used by us to analyse how visitors interact with the Website so that we can continue to develop and improve this Website.
We may gather information about your general Internet use by using a cookie file that is downloaded to your computer. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer’s hard drive. They help us to improve our Website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular areas of our Website.
Any advertising featured on this Website may also incorporate cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our Website.
For more information on cookies you can read the guidance at All About Cookies.
3. Use of your information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
3.1 To provide you with information requested from us relating to our products or services and to provide information on other products which we feel may be of interest to you if you have consented to receive such information.
3.2 To meet our contractual commitments to you.
3.3 To notify you about any changes to our Website, such as improvements or service/product changes, that may affect our service.
3.4 If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
3.5 We may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented to at the time your information was collected.
3.6 If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.
3.7 If you do not want us to use your data for ourselves or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
3.8 Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors such as your area of residence or age group.
4. Storing your personal data
4.2 Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into via our site will be encrypted to ensure its safety.
4.3 The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and the transmission of such data is entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain areas of our site, you are responsible for keeping this password confidential.
5. Disclosing your information
5.1 Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries.
5.2 We may also disclose your personal information to third parties:
5.2.1 Where we sell any or all of our business and/or our assets to a third party.
5.2.2 Where we are legally required to disclose your information.
5.2.3 To assist fraud protection and minimise credit risk.
6. Third party links
You might find links to third party websites on our Website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
7. Access to information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below.
8. Contacting us
We welcome any queries, comments or requests you may have regarding this policy please do not hesitate to contact us at [email@example.com].