Terms & Conditions
Terms and Conditions
This page (together with our Privacy and Cookies Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our Site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 12. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10th May 2020.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1. 1.1 We operate the website www.chunkypumpkin.co.uk. We are Williams & Thomas, a company registered in England and Wales with our office at Williams & Thomas of 177/179 Faversham Road, Kennington, Ashford, Kent TN24 9AE.
1.2 To contact us, please email us at firstname.lastname@example.org and we will be happy to help you. Due to recent events please note we are dealing with a higher volume of emails than normal, but we will endeavor to get back to you within 2 working days.
2. Use of our Site
2.1 The following constitutes a legal agreement between you and us with respect to our website service, the terms of which are set out below.
2.2 You must be at least 18 years of age to agree to and enter into this agreement on your own behalf and to register for use of our Site. If you are under 18 but at least 15 years of age, you must present these Terms to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.
2.3 When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of these Terms, you represent that (i) you have read, understood and agree to be bound by these Terms and (ii) you are at least 18 years old, either entering into this agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your username with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.
3. Accessing Our Site
3.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below).
3.2 We will not be liable if for any reason our Site is unavailable at any time or for any period.
3.3 From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.
4. Our Products
4.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products will vary slightly from those images especially as each product is handmade and decorated and we may change the manner in which the Product is decorated.
5. Terms & Conditions for Purchase of Products
5.1 Our website service permits you to purchase our Products from our Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
5.2 Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation and Invoice to notify you of the fact we have received and accepted your order.
5.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.4 If you notice an error in the Order Confirmation you must notify us by email at least 48 working hours (weekdays) before the order is due to be collected or delivered.
5.5 If you wish to cancel your order for any reason, you must notify us at least 48 working hours (weekdays) before your order is due to be collected, either by e-mailing us at email@example.com. Please note all orders are non-refundable, we will issue you your credit in the form of a gift voucher.
5.6 All deposits are non-refundable (including in the form of a credit/gift voucher) and non-transferable.
5.7 As our Products are custom made and perishable your legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 do not apply.
5.8 If you wish to add to or change your order, or change the date or time of delivery or collection of your order, please contact us 48 working hours (weekdays) in advance on firstname.lastname@example.org. We will do our best to accommodate your needs, subject to kitchen space being available to permit us to make your products.
5.9 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out here will become effective.
5.10 All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available we reserve the right to substitute alternative Products where we have not heard from you within 2 hours of sending our e-mail. This will ensure we are able to deliver Products to you to avoid disappointment in the event we do not hear from you.
6. Price & Payment
6.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect pricing.
6.2 Our prices include VAT (if VAT is payable) but exclude delivery costs, which will be added to the total amount due before completion of your order and can be checked on our FAQ’s page.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
6.4 As our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures and where a Product's correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product's correct price is higher than the price stated on our Site we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
6.5 Payment for all Products must be by credit or debit card or Paypal and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.
6.6 All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorize payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
6.7 Prices may differ according to sales channel. This means prices on our website can be different from prices on our shop and other outlets at any given time, and we are not obligated to match the prices.
7. Availability, Delivery & Collection
7.1 The Products ordered by you can only be delivered to the delivery address provided by you to us, or (if applicable) collected by you from one of our locations as designated by you in the timescale set out in our FAQ’s or as otherwise agreed in writing between us.
7.2 As our business is regional we are only able to deliver to the areas detailed in our FAQ’s.
7.3 If for any reason you find yourself unable to collect your order from the designated location within the given time slot, we will retain your ordered Products for collection by you for 24 hours, or upon payment of the delivery charge by credit card we may be able to arrange to deliver to you within our delivery time slot and delivery zone during the next 24 hours (subject to delivery availability).
7.4 If for any reason no one is present to receive delivery of the Products at the delivery address you have provided to us we will take the Products back and retain the same for 24 hours during which time you may telephone us on 07565 737678 to either arrange for personal collection or for delivery by us within 24 hours (subject to delivery availability) upon payment of a further delivery charge by credit card.
7.5 Products which were due to be collected by you from the designated location and which you failed to collect on the appointed day or Products which we have taken back to our kitchen because you were not available to receive the delivery, will be kept refrigerated but we cannot accept any responsibility for deterioration of the Products.
7.6 In order for us to hand over the ordered Products upon collection or delivery, the recipient must provide to us the valid Order Confirmation number and must also sign that the Products are in good condition and that the complete order has been delivered. Once this takes place we will no longer be responsible for actual delivery of the Products to you.
8 . Risk & Title
8.1 The Products will be at your risk from the time you collect the Products from the designated location or we deliver them to you.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
9. Returns Policy
9.1 We hope that you will be pleased with your Products. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the flavour of Product is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by e-mail on email@example.com. If a Product is not as on the Order Confirmation or damaged we will credit or refund your purchase. In the case of damaged goods you must take photographic evidence and retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your Order Number, date of order, name and delivery address details in all communications to us.
9.2 We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Once we have issued a refund of any such payment to you the ownership of the Products will pass back to us.
9.3 If you have purchased your Products from one of our stores you must produce your original receipt, credit or debit card receipt and card used at the time at purchase, refunds will not be made without this proof or purchase and payment.
9.4 Taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste of them.
9.5 We will not accept the return of any Products which have been purchased from any outlet other than this online Site and you must return the Products to the outlet you purchased them at.
9.6 Gift vouchers are strictly non-refundable and cannot be exchanged.
9.7 All credit or debit card refunds will be subject to a card handling charge of 2.5% to cover the credit/debit card company fees.
10. How we use your personal information
We only use your personal information in accordance our Privacy and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.
11 Your legal rights
You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12 Our right to vary these terms
12.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements
(c) to reflect changes in market conditions affecting our business
(d) changes in technology
(e) changes in our system's capabilities.
12.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
12.3 Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
13 YOUR AGREEMENTS WITH US
YOU AGREE that:-
13.1 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;
13.2 it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;
13.3 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your username. You will not allow others to use your username and you will notify us immediately of any unauthorised use of your username. We shall not be responsible for any losses arising out of the unauthorised use of your username and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;
13.4 we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on our Site or where obvious errors have been made;
13.5 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing our Site (including any software or systems you use to access our Site);
13.6 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright or trademarks.
13.7 variation in computer, browser and operation will create differences in visual layout and usability of this Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.
13.8 you understand and agree that your use of our Site is at your own sole risk. Our Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of our Site with respect to performance, accuracy, reliability, security capability or otherwise.
13.9 you will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using our Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same.
13.10 you understand and agree the no oral or written information or advice given by any person shall create a warranty or a representation from us.
13.11 you understand and agree that it is your sole responsibility to ensure that your system(s) will function correctly with this Site.
14. Your System Requirements
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
15. Misuse of the Site
15.1 We reserve the right to suspend or terminate your access to our Site or parts of it if at our sole discretion we believe you are in breach of any provision of these Terms. If your access has been suspended or terminated you will not be permitted to re-register or to re-access our Site without our prior consent.
15.2 You will only use our Site for the purposes referred to in these Terms and not access the Site or use information gathered from it to send unsolicited emails.
16 Your Indemnity to us
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of our agreement and/or these Terms for your use of our Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result of any of these.
17. Other important terms
17.1 We may require you to change your username or any other information which permits you access to purchase Products from our Site.
17.2 We have the right to withdraw any Product from our Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
17.3 These Terms and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of our Site
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
17.7 We have the right at any time and from time to time to modify or discontinue, temporarily or permanently our Site (or any part thereof) without notice to you and without any liability to you or to any third party.
17.8 We have the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
17.9 Links to third party websites on our Site are provided solely for your convenience. If you use these links you will be leaving our Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not and cannot endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Site you do so entirely at your own risk.
17.10 We welcome 'hot links' to our Site, but not 'deep linking' meaning you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorised framing of or linking to the our Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of the agreement between us or other remedies as set out in this agreement.
17.11 It is the responsibility of advertisers and sponsors on our Site to ensure that any content submitted by them for inclusion on our Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
18.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in these Terms is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
Relating to our Site:
18.2 You understand and agree that your use of our Site is at your own sole risk. Our Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of our Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using our Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
18.3 We make no warranty that any particular device or software you use will be compatible with our Site. It is your sole responsibility to ensure that your system(s) will function correctly with our Site.
18.4 Under no circumstances shall we be liable for any unauthorised use of our Site or our Products.
18.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use our Site, even if we have been advised of the possibility of such damages.
18.6 We will not be liable for errors or omissions on our Site nor for loss or damage suffered by you as a result of any unavailability of our Site or by any use by you or reliance placed on our Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
18.7 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon our Site.
18.8 Our site is provided "as is" and you acknowledge that despite our reasonable endeavors our Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavors to correct any errors and omissions as quickly as practicable after being notified by email firstname.lastname@example.org.
18.9 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to our Products.
Relating to our Products:
18.10 The Products ordered are fresh on the day of delivery to or collection by you and are best consumed that day:
18.10.1 Products will remain fresh for a further 4-5 days from the time of delivery or collection if kept by you refrigerated in a sealed container.
18.10.2 Jars and products not made by ourselves will have a “best before” date stamped on them
18.11 Products which were due to be collected by you from the designated location and which you failed to collect on the appointed day or Products which we have taken back to our kitchen because you were not available to receive the same during the delivery slot agreed for you, will be kept refrigerated but we cannot accept any responsibility for deterioration of the Products.
18.12 We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from the designated location if you or your courier/agent have signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection/delivery.
18.13 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.
18.14 We will notify you of any Product containing nuts or gelatin on the specific Product’s web page. However, since our kitchens do handle nuts we cannot guarantee that traces of nuts will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.
19 Transfer of Rights and Third Party Rights
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20 Applicable Law
These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
21 Communications between us
21.1 When we refer, in these Terms, to "in writing", this will include e-mail.
21.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to email@example.com or by pre-paid post to Chunky Pumpkin, 177/179 Faversham Road, Kennington, Ashford, Kent, TN24 9AE. We will confirm receipt of this by contacting you in writing, normally by e-mail. You must provide us with your contact address, e-mail and telephone number.
21.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
22 Your Acknowledgement to Us
22.1 You acknowledge that we may change these Terms by posting new or updated Terms on our Site.
22.2 You acknowledge that it is your responsibility to check our Site regularly to ascertain if changes have been made and your continued use of our Site after such a change will constitute your acceptance of the changes.
22.3 By reading these terms together with our Privacy and Cookies Policy and continuing to use our Site you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy and Cookies Policy both of which are available on our Site.
Free Local Delivery 2020
1. Free Delivery applies to "Local Delivery" product only, not applicable on any other products included in the order.
2. Does not apply to our Royal Mail 1st Class option or Royal Mail Tracked 24. It applies to Local Delivery only.
3. Free delivery promotion valid from 10am 10th May 2020 GMT and expires 10am 10th November 2020 GMT.
4. Free delivery cannot be applied retrospectively.
5. Free delivery will be shown at checkout, please select Free Local delivery option to redeem.
Copyright 2020 Chunky Pumpkin. All rights reserved.