TERMS AND CONDITIONS
- INFORMATION ABOUT US
These are the website terms and conditions of Highwire Productions Limited – Dr Gelato UK.
We operate the website www.drgelato.co.uk (the “Website”).
This document (together with the documents referred to in it) tells you the terms and conditions on which we will supply to you the products (“Products”) listed on our Site via one of our services. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
These Terms and Conditions were most recently updated on 28 June 2020 and apply to sales to consumers.
If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
- SERVICE AVAILABILITY
Our website is only intended for use by people residing in the UK postcodes of BS41, BS48, BS49, BA1 and BA2. Unfortunately, we cannot accept orders from individuals outside of these areas at this time.
- YOUR STATUS
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are a resident in one of the Serviced Postcodes;
- PURCHASE CONTRACT
All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an e-mail from us acknowledging that we have received your order. Completion of the contract between us (the “Contract”) will take place when we deliver the Products to you.
Our online ordering is hosted by iZettle. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- OUR PRODUCTS
The images of Products on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website as we make our gelato using fresh ingredients and in small batches weekly. Therefore our gelato, by its very nature, may vary slightly from batch to batch.
- You are responsible for opening and inspecting the Products upon delivery and storing them correctly.
- Our Allergen information can be found here. However, it is your responsibility for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. Our Products include ingredients from third party suppliers who are responsible for labelling their ingredients correctly. Whilst we undertake rigorous checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.
- Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact us at email@example.com
- We offer our Products at different prices depending on the number of pots selected. Please see our Website to view the most recent deals and offers.
- CONSUMER RIGHTS
- You may deactivate an order, however you must do so by the Tuesday the week of your delivery. To deactivate you must email firstname.lastname@example.org by 7pm.
- As our Products contain fresh and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your order in line with the details set out above.
- AVAILABILITY AND DELIVERY
- For the purpose of these terms and conditions, free standard delivery is defined as deliveries to BS41, BS48, BS49, BA1 and BA2. If you have any questions regarding our delivery locations, please contact us at email@example.com
- Delivery windows stated on our Website or via Email are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your box at any point on the day of delivery set out in the dispatch confirmation.
- Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. It is vital that someone is at the delivery address to accept the order as it requires immediate freezing (or eating!)
- If you would like for us to deliver to an address other than that stated on your billing information – a neighbour or workplace for example please make that clear when ordering. We require a personal handover of our Products as they require immediate freezing or eating.
- If a personal handover nor a delivery to a neighbour/workplace is possible, you will be in default of acceptance.
- Gelato is not able to attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
- Gelato reserves the right to change your delivery date with prior notice.
- RISK AND TITLE
- Once the delivery is completed, according to the preceding paragraph the risk of any damage or loss of the box will be with the customer. Dr. Gelato shall not be held liable for any damage, defect or loss which may occur thereafter.
- Refusal of a delivery does not negate the charge for the Services. Dr.Gelato will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.
- PRICE AND PAYMENT
- The price of the Products and delivery charges will be as quoted on our Website when you create your order, except for in cases of obvious error.
- Prices include VAT where applicable.
- Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent you an Order
- Payment for all Products and Services must be by credit or debit card.
- OUR REFUNDS POLICY
If you are unhappy with your Dr. Gelato Pot/s Delivery for a legitimate reason such as: the box was missing pots, the box was damaged or the box did not arrive, we will offer an appropriate refund as long as it can be shown that the Order you were charged for was not supplied as it should have been.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- OUR LIABILITY
Subject to the bullet points below if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
Nothing in this agreement excludes or limits our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- Defective products under the Consumer Protection Act 1987; or
- Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- PERSONAL INFORMATION
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. 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.
- INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By purchasing the products or experiencing our services you irrevocably authorise us to quote from your commentary on our Site and in any advertising or social media outlets which we may create or contribute to.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- ERRORS, INACCURACIES AND OMISSIONS
Whilst we take every care to ensure accuracy, occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Contact information: Questions about our Terms and Conditions should be sent to: firstname.lastname@example.org