Last Update: 20th June 2019
THE CONTRACT BETWEEN US
The following Terms of Sale explain the rights and obligations of both parties when you make an order from us.
In order to accept your order, we must receive payment of the whole of the price for the goods that you order. Then, we will confirm that your order has been accepted by sending an email to you at the email address you provide when you create an account with us or the email address provided in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
The products provided as a result of this contract, including samples or any other additional gifts, are for personal use only. You may not sell or resell any of the products provided by us or use them for any commercial or business purposes.
This contract shall only be valid if you can lawfully enter into a binding contract and you are over 18.
1. PRICE PAYABLE
1.1 The prices payable for products that you order are shown in our website and they include VAT.
1.2 You may have to pay for delivery depending on the delivery method you choose. Delivery rates are shown when you select your preferred delivery option. Please note we might not be able to deliver to some locations.
2.1 The products you ordered will be delivered to the address you provide when you make the order. We might not be able to deliver to certain areas or countries.
2.2 Delivery will be made as soon as possible after your order is accepted by us, but this will depend on the delivery option you choose when you make the order. In any event, we will deliver the products within 30 days after the day on which you make the order.
2.3 Once the goods are delivered to you, you will become their owner and they will be held at your own risk. From this point, we will not be liable for their loss and/or destruction.
3. YOUR RIGHT TO CANCEL THE CONTRACT
3.1 As a consumer, you have the right to cancel your contract with us at any time within 14 days from the date you receive the goods. You can cancel the contract without giving us any reason for doing so and without incurring any liability.
3.2 To cancel your contract, you must notify us of your decision. To do so, you can write us an email with your order details to the email address email@example.com. You will be sent an email to confirm the cancellation.
3.3 Once you notify us, you must send the goods back to us and we will refund you the price paid for the goods as soon as possible and in any event within 14 days from the date we receive the goods. Alternatively, we will refund you within 14 days from the date you provide us with evidence that you have sent the product(s) back to us. The reimbursement will be made using the same means of payment used when you purchased the products. If vouchers were used to pay for the products we may refund you in vouchers. Please note we are allowed by law to deduct from your refund any reduction in the value of the goods as a result of handling of the goods by you beyond what is necessary to establish the nature, characteristics and functioning of the goods. According to The Consumer Contracts Regulation 2013, the sort of handling that goes beyond what might reasonably be allowed in the store.
3.4 We will also refund any delivery cost you paid, unless you expressly choose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by us. In this case, we will refund up to the cost of the least expensive delivery method we offer.
3.5 Alternatively, you can choose to hand the products over to a person authorised by us to receive them.
3.6 If you do not send the products back to us or provide us with evidence of having done that within 14 days after notifying us you want to cancel the contract, we shall be entitled to withhold payment of any refund.
3.7 Please note your right to cancel the contract does not apply when the products you want to return are personalised and made to your specifications.
3.8 If you receive the products before you cancel the contract, then you must send them back to our contact address at your own cost and risk. The goods must be returned no later than 14 days after the day on which you notify us that you want to cancel the contract and in their original packaging if possible.
If you purchase our products from any of our partners, these Terms will not apply. Please refer to their respective return policies.
Under the Consumer Rights Act 2015, we have the legal obligation to provide goods that are as described, fit for their particular purpose and of satisfactory quality. If any of the products you receive from us is faulty, we will be happy to offer you a refund of the amount you paid for the goods, or alternatively, a replacement for the faulty products.
4. CANCELLATION OF THE CONTRACT BY US
4.1 We reserve the right to cancel the contract between us in any of the following circumstances:
• You do not have the legal capacity to enter into a binding contract for the sale and purchase of the goods as specified in clause 1.3
• We do not have enough stock to deliver the goods you order.
• We are not able to deliver to your area or country.
• If for any reason, we suspect the order can be fraudulent.
• An engraved message on a personalised product is found to be offensive by us.
• If for any reason, any of the products you ordered was listed at an incorrect price.
4.2 If we decide to cancel your contract, we will notify you by email and will refund any sum you paid for the products. We will try to refund you as soon as possible but in any event within 30 days of your order. Please note we will not be obliged to offer you any further compensation for disappointment or inconvenience suffered.
5.1 In case the goods we deliver are damaged, faulty, of an incorrect quantity or not what you ordered, we shall have no liability to you unless you notify us of the problem within 7 working days of the delivery of the products in question. To notify us login to your account and report an issue with your order. Alternatively contact our customer service.
5.2 If you do not receive the products you ordered within 30 days of the date on which you made the order, we shall have no liability to you unless you notify us of the problem within 40 days of the date on which you made the order.
5.3 When you notify us a problem under clauses 5.1 and 5.2, you will be able to choose any of the following: a refund of the amount you paid for the products, a replace for any product that is faulty, or a reorder.
5.4 SAVE AS PRECLUDED BY ANY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, BUSINESS OR GOODWILL OR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES HOWSOEVER ARISING OUT OF ANY PROBLEM YOU NOTIFY TO US UNDER THIS CONDITION AND WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID BY YOU FOR THE GOODS IN QUESTION UNDER CLAUSE 5.3 ABOVE.
5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. WE MAKE NO REPRESENTATION AND ACCEPT NO LIABILITY IN RESPECT OF THE EXPORT OR IMPORT OF THE GOODS YOU PURCHASE.
6.1 If you want to complain about your online order, you may contact us at:
or write to us at:
The Biscuit Factory
100 Drummond Road
SE16 4DG London
7. EVENTS BEYOND OUR REASONABLE CONTROL
7.1 WE SHALL HAVE NO LIABILITY TO YOU FOR ANY FAILURE TO DELIVER GOODS YOU HAVE ORDERED OR ANY DELAY IN DOING SO OR FOR ANY DAMAGE OR DEFECT TO GOODS DELIVERED THAT IS CAUSED BY ANY EVENT OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, STRIKES, LOCK-OUTS AND OTHER INDUSTRIAL DISPUTES, BREAKDOWN OF SYSTEMS OR NETWORK ACCESS, FLOOD, FIRE, EXPLOSION OR ACCIDENT.
8.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10. GOVERNING LAW
10.1 The contract between us shall be governed by and interpreted in all respects in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
11. ENTIRE AGREEMENT