Terms and Conditions for orders placed online
Our service promise
We hope that you will be 100% satisfied with your purchase from us but if we fall short in some way then we promise to work hard to remedy any mistakes we have made and to resolve the problem – refunding or replacing as appropriate. You can contact us be email or telephone and we undertake to respond to you promptly and courteously.
1. The Contract Between Us
We must receive payment in full for the products that you order before your order can be fulfilled and delivered.
2.1 The prices payable for products that you order are as set out on our website.
2.2 In most instances you will be required to pay extra for delivery. Our delivery charges are calculated during the checkout process.
3. Delivery of products
3.1 We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you.
3.2 We aim to dispatch your order within 2 working days (Monday to Friday) of receiving it. If we cannot due to lack of stock or unforeseen circumstances then we will contact you and either offer you an alternative product or refund.
3.2 You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
You are not permitted to sell and must not offer any of our products for sale or re-sale.
5. Cancellation by you
5.1 Once you have placed an order with us you can cancel it only prior to dispatch by us and we will refund the amount you paid.
5.2 If your order has been dispatched by us you cannot cancel it.
6. Cancellation by us
We reserve the right to cancel the contract between us if:
6.1 We have insufficient stock to deliver the products you have ordered. If this is the case, we will contact you to advise of an availability date or to offer you a substitute product;
6.2 We do not deliver to your area; or
6.3 One or more of the products you ordered was listed at an incorrect price due to a typographical error.
6.4 If we do cancel your contract we will notify you by email and will provide a full refund.
If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, or if you do not receive the products ordered, we shall have no liability to you other than as set out below.
7.1 To make good any shortage or non-delivery;
7.2 To supply and deliver substitute products if your original choice cannot be delivered for any reason;
7.3 To replace any products that are damaged or defective; or
7.4 To refund to you the amount paid by you for the products in question in whatever way we choose.
7.5 Save as precluded by law, we will not be liable to you for 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 products in question under clause 6.4 above.
7.6 Devon Cottage Organic Fudge, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and the officers, partners, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website
8. Intellectual Property
The content of this website is protected by copyright, database right and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without written permission from us.
9. Your Use of this Website
You may not use this website for any of the following purposes:
9.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
9.2 Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
9.3 Interfering with any other person’s use or enjoyment of the website; or
9.4 Making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission.
9.5 You will be responsible for our losses and costs resulting from your breach of clause
10. Events beyond our control
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
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.
13. Third party rights
Except for our affiliates, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.