Terms and Conditions
BACKGROUND:
This agreement applies as between you, the User of this Website and Homemade and Moreish, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Homemade and Moreish advertises and / or makes available for sale through this Website;
“Homemade and Moreish” means Homemade and Moreish, Brook Cottage, Highbury Street, Coleford, Somerset BA3 5NW
“Service” means collectively any online facilities, tools, services or information that Homemade and Moreish makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at Brook Cottage, Highbury Street, Coleford, Somerset BA3 5NW
“System” means any online communications infrastructure that Homemade and Moreish makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Homemade and Moreish and acting in the course of their employment; and
“Website” means the website that you are currently using (www.homemadeandmoreish.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
Homemade and Moreish are unable to ship our products internationally.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Homemade and Moreish, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Homemade and Moreish.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Homemade and Moreish or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.homemadeandmoreish.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Homemade and Moreish. To find out more please contact us by email using the link below or from our contact page.
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Homemade and Moreish or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Homemade and Moreish reserves the right to monitor any and all communications made to us or using our System.
10.3 You acknowledge that Homemade and Moreish may retain copies of any and all communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11. Accounts
11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
11.2 It is recommended that you do not share your Account details, particularly your username and password. Homemade and Moreish accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Homemade and Moreish immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Homemade and Moreish accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Monthly subscription
12.1 In the case of a monthly subscriber, we will endeavour to ship your first box the next working day after making your purchase (or on the dispatch date selected). Thereafter, we will bill you during the second week of each month and the subscription box will be dispatched during the third full week of each month.
12.2 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future subscription boxes in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us at Juliette@homemadeandmoreish.com.
12.3 We may suspend supply of the products if you do not pay us for the products when you are supposed to (see section 8, below). We will contact to tell you that we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended.
13. Termination and Cancellation
13.1 Either Homemade and Moreish or you may terminate your Account. If Homemade and Moreish terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
13.2 If Homemade and Moreish terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
13.3 Homemade and Moreish reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
13.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
13.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
14. Goods, Pricing and Availability
14.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Homemade and Moreish correspond to the actual Goods, Homemade and Moreish is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
14.2 Where appropriate, you may be required to select the required type of the Goods that you are purchasing, and while brownies without nuts in their contents do not contain nuts as part of their recipe, they are produced in a kitchen which contains nuts.
14.3 Homemade and Moreish does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the web site.
14.4 All pricing information on the Website is correct at the time of going online. Homemade and Moreish reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
14.5 In the event that prices are changed during the period between an order being placed for Goods and Homemade and Moreish processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
14.6 All prices on the Website do include VAT.
15. Delivery
15.1 Homemade and Moreish dispatch goods using a national courier company. Goods will be dispatched in a timely for arrival on the day specified on your order. Delivery can be anytime between 08.00 & 17.30.
15.2 If Homemade and Moreish receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods as described and with no problems.
16. Returns Policy
Homemade and Moreish aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
16.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection/return or replacement. Homemade and Moreish is not responsible for paying shipment costs unless by prior agreement. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon agreement of the disposition of said Goods.
16.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Homemade and Moreish within 28 days to arrange collection / return or replacement. Homemade and Moreish is not responsible for paying shipment costs unless by prior agreement. Goods must be returned in their original condition with all packaging and documentation. Upon agreement of disposition of the faulty Goods, either replacement goods will be sent or the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
16.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Homemade and Moreish within 10 days and arrange collection / return or replacement. Homemade and Moreish is not responsible for paying shipment costs unless by prior agreement. Upon agreement of the disposition of the damaged Goods, either replacement goods will be sent or the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
16.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Homemade and Moreish within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
16.6 If you wish to return Goods to Homemade and Moreish for any of the above reasons, please contact us using the details below to make the appropriate arrangements.
16.7 Homemade and Moreish reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
16.7.1 Any use or enjoyment that you may have already had out of the Goods;
16.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
16.7.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
17. Privacy
Use of the Website is also governed by our terms of use which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link below.
18. Disclaimers
18.1 Homemade and Moreish makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst Homemade and Moreish uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
19. Changes to the Service and these Terms and Conditions
Homemade and Moreish reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Homemade and Moreish is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
20. Availability of the Website
20.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 Homemade and Moreish accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, Homemade and Moreish accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts Homemade and Moreish’s liability for death or personal injury resulting from any negligence or fraud on the part of Gower Cottage Brownies.
21.3 Nothing in these Terms and Conditions excludes or restricts Homemade and Moreish’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
21.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Homemade and Moreish.
25. Communications
25.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to juliette@homemadeandmoreish.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2 Homemade and Moreish may from time to time send you information about our products and/or services. If you do not wish to receive such information, please deselect the newsletter option in your account or click unsubscribe link from any newsletter.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Homemade and Moreish shall be governed by and construed in accordance with the Law of England and Wales and Homemade and Moreish and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.