Terms and Conditions
Please read these terms and conditions of sale (‘Terms’) carefully. They will apply to any order you make for goods from The Desserts Delivered Middlesbrough. You understand that by ordering any goods, you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
1.1 This website is operated by Desserts Delivered Middlesbrough (‘we’, ‘us’ or ‘our’).
1.2. Our main trading address is at Unit 1, Sotherby Road, Middlesbrough, TS3 8BH.
1.3 Any reference to ‘you’ or ‘your’ is a reference to you as our customer and to your rights and obligations.
1.4 Goods displayed on our website can be ordered online through our secure server, or by emailing us at email@example.com
1.5 Your order constitutes an offer to us to buy our goods. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you notice (the ‘Order Confirmation’). The contract between us (the ‘Contract’) will only be formed when we let you have the Order Confirmation.
1.6 The Contract will relate only to those goods confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Order Confirmation.
1.7 By placing an order, you confirm that:
1.7.1 you are legally capable of entering into a binding contract;
1.7.2 you are eighteen years or over; and
1.7.3 you have read and agree to be bound by these Terms.
1.8 Please understand that if you refuse to accept these Terms, you will not be able to order any goods from us. In case of orders made through the website please click on the button marked ‘Place Order’ on the checkout page in the order process if you accept them. If you do not do that you cannot place an order.
1.9 We sell goods only to end consumers. All goods are sold subject to the condition that they will not be resold.
1.10 The Contract may be subject to your right of cancellation (see clause 5 below).
2. Description and price of the goods
2.1 The description and, subject to clauses 2.2 and 2.3 below, the price of any goods you order will be as shown on our website at the time you place your order, subject only to any inadvertent typographical errors for which we will not be liable. We also operate a bespoke service where non-standard goods may be ordered by special arrangement.
2.2 The prices of the goods exclude delivery charges. Delivery charges to your postcode can be found on our website.
2.3 The prices of the goods stated on our website are those operating under our standard service.
2.4 All prices are inclusive of VAT, where applicable.
2.5 The goods are subject to ingredient availability. You will be informed when placing your order if any goods cannot be produced and in that event, we will offer you an alternative.
2.6 Please be aware that all our goods may contain nuts or traces of nuts.
2.7 Every effort is made to ensure that all prices and descriptions shown on our website are accurate at the time you place your order. However, our website contains a large number of items and it is always possible that, despite our best efforts, some of the goods listed on our website may be incorrectly priced. We will verify prices when we give you your Order Confirmation.
2.8 We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious. However, we will advise you by phone where it is not possible to accept your order to buy the goods at the price stated.
2.9 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3.1 Payment for the goods may be made by debit, credit or charge card and (in whole or in part) by the redemption of gift vouchers the debit, credit and charge cards accepted by us are those listed on the website.
3.2 Where you pay by debit, credit or charge card, we will debit the price of the goods from your payment card at the time of your order. We reserve the right to terminate any Contract if we are refused payment.
3.3 Where you pay the price (in whole or in part) by gift voucher, the following Terms will apply to your use of the gift voucher and you should read them carefully. The gift voucher:
3.3.1 may be redeemed for those goods which are described on the gift voucher and the full cost of whichever delivery method you select. Accordingly, where you wish to redeem the gift voucher for goods of a higher value than the goods described on the gift voucher (as to which see clause 4.2 below) then an additional charge will be payable, in accordance with clauses 3.1 and 3.2;
3.3.2 is non-transferable and cannot be sold, resold or redeemed in whole or in part for cash or any other form of credit. You should therefore note that if you choose to purchase goods of a lower value than those described on the gift voucher, we will neither issue you with a gift voucher for the remaining value nor will we pay you a part cash refund of the gift voucher but we will hold the balance which you have not spent to your credit to be used against further orders and we keep a record of all current vouchers and unused balances on vouchers; and
3.3.3 is valid for an indefinite period.
3.4 You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payments from you.
4.1 We deliver to TS1, TS2, TS3, TS4, TS5, TS6, TS7, TS8, TS10, TS14, TS17, TS18, TS19, TS20, TS23. We do not deliver outside of these postcodes.
4.2 If you order goods from us, delivery will be made between operational hours of 18:00-00.00 Monday to Sunday. The average order takes an hour to deliver, however at peak times this may be longer. The estimated time of delivery is specified in our Order Confirmation. Full details of the delivery charges applicable to our service are available on our website.
4.3 Goods are supplied at a temperature appropriate to the food concerned and all food delivered is advised to be consumed on day of purchase. Certain products can be reheated, further guidance on this can be obtained by calling us directly.
4.4 We will arrange a time for delivery once an order has been received. A contract has been formed and confirm this to you in the Order Confirmation or by contacting you separately with a delivery confirmation. It is essential that you, or someone on your behalf, will be available to receive and the goods at the delivery address at the agreed delivery time. If someone at the delivery address other than you accepts the goods, we are entitled to assume that person is authorised by you to do so.
4.5 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery time and date.
4.6 If no one is at the delivery address when delivery is attempted then the following arrangements will operate, depending on whether the order perishable goods:
4.6.1 if the goods are made to order, they will be taken back by our driver and we will be unable to arrange a further delivery because of their perishable nature. In addition, since the goods cannot be resold, and since we will have incurred a delivery charge, we will be entitled to retain in full the price of the goods debited from your payment card;
4.6.2 if the goods are not perishable, they will be taken back by our driver and we will contact you to arrange a further delivery. We will however make any additional charge for this further delivery.
5. Amendment of order and cancellation rights
5.1 In the case you amend or cancel your order you must contact us by phone on 01642 244888 within 15 minutes of placing the order.
5.2 if you have paid the price by credit, debit or charge card, we will credit your payment card with the appropriate sum; and
5.2.2 if you have paid by gift voucher, we will credit your gift voucher.
5.3 Where you amend or cancel an order for goods outside of the time limits in clause 5.1, we will be unable to resell any unwanted goods since they are freshly made to order and we will also have incurred a charge to deliver your product. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation or the relevant gift voucher(s).
6. Refunds policy in case of customer complaint
6.1 Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect goods, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by phone on 01642 244888. We may then, at our discretion, require you to send us a photograph of the goods which are the subject of the complaint. We may also require you to return the goods to us. When we receive the goods, we will offer a full refund. You may also be given the option to keep the goods and we will arrange for another to be sent out free of charge.
6.2 You should note that where you order any goods with a topping, the topping by its nature may become dislodged during transit. You may wish to reheat some products, subject to preference of serving temperature. This will not affect the quality of the product. Accordingly, in that event, you will only be entitled to the remedies under clause 6.3 if there is some other problem with the quality of the product.
6.3 Subject to your compliance with clauses 6.1 and 6.2 above, where you have received incorrect goods, a short delivery of goods or goods that do not meet with your reasonable satisfaction, we will, at our option:
6.3.1 make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
6.3.2 where you have paid the price of delivery or unsatisfactory goods by credit, debit or charge card, refund the appropriate sum to your payment card and, where you have paid by gift voucher, refund a credit to your gift voucher.
6.4 We will not require payment of any additional delivery charge in respect of the replacement of goods or making good their shortfall in these circumstances.
7. Our liability
7.1 If either of us fails to comply with these Terms, the relevant party will only be responsible for losses which are a direct and foreseeable consequence of the failure to comply with these Terms.
7.2 We will not be responsible for any loss or damage to the goods after you have taken delivery of them except as set out in these Terms.
7.3 We cannot accept liability for losses which were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price you paid for the goods in question.
7.4 The limitations in clauses 7.1 to 7.3 do not limit our liability:
7.4.1 for death or personal injury caused by our negligence;
7.4.2 under section 2(3) of the Consumer Protection Act 1987;
7.4.3 for fraud or fraudulent misrepresentation; or
7.4.4 for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (‘Force Majeure Event’).
8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
8.2.1 strikes, lock-outs or other industrial action; or
8.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
8.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
8.2.4 impossibility of the use of any relevant means of public or private transport; or
8.2.5 impossibility of the use of public or private telecommunications networks.
8.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
9.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent.
9.2 We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10. Privacy and cookies
11. Making a complaint
12.1 We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint, please contact us at firstname.lastname@example.org
12.2 We will try to resolve any disagreements quickly and efficiently. We endeavour to respond to all complaints within 14 days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days.
12.3 Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
12. Intellectual property
13.1 All rights, including copyright, trademarks, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these Terms confers on you any license or right under any of our trademarks, names or logos or those of any third party.
13.2 We reserve the right to issue legal proceedings against any persons who copy any text, photographs, images, graphics, logos, button icons, trademarks or any part of this web site.
13.3 The content of our website is and remains our property.
13. Written Communications
14.1 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 email or provide you with information by posting notices on our website.
14.2 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.
15.1 All notices given by you to us should be given to us by post at Unit 1, Sotherby Road, Middlesbrough, TS3 8BH.
15.2 We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.
15.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.
15.4 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 and, in the case of an email, that the email was sent to the specified email address of the addressee.
16.1 We may change these Terms without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understood the current version of our Terms.
16.2 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.3 If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permissible by law.
16.4 If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so in England.
16.5 These Terms will be governed by English law.