Terms & Conditions
- WHAT THESE TERMS COVER. These are the terms and conditions on which we supply products to you.
- WHY YOU SHOULD READ THEM. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
- WHO WE ARE. We are JANNETTAS GELATERIA LIMITED, a company registered in Scotland. Our company registration number is SC468501 and our registered office is at 31-33 South Street, St. Andrews, KY16 9QR. Our registered VAT number is 268785691.
- HOW TO CONTACT US. You can contact us by telephoning our team at 01334 473285 or by writing to us at firstname.lastname@example.org or 31 South Street, St Andrews, Fife, KY16 9QR.
- HOW WE MAY CONTACT YOU. If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "WRITING" INCLUDES EMAILS. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
- HOW WE WILL ACCEPT YOUR ORDER. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- IF WE CANNOT ACCEPT YOUR ORDER. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- YOUR ORDER NUMBER. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- WE ONLY SELL TO THE UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
- RESALE OF PRODUCTS. You agree not to resell our products without express written permission from us.
- ACCURATE INFORMATION. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- PRODUCT PACKAGING MAY VARY. The packaging of the product may vary from that shown in images on our website.
- LIMITATION ON SALES. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- PRODUCT DESCRIPTION AND PRICES. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
- DISCONTINUING PRODUCTS. We reserve the right to discontinue any product at any time.
MINOR CHANGES TO THE PRODUCTS. We may change our products:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor adjustments and improvements.
PROVIDING THE PRODUCTS
- DELIVERY COSTS. The costs of delivery will be as displayed to you on our website.
- MINIMUM DELIVERY VALUE. Orders will only be accepted and delivery will only be possible where your order is for a minimum value of £5.00.
- WHEN WE WILL PROVIDE THE PRODUCTS. During the order process you will be asked to choose a time slot during which we will delivery your order. Where a time slot has been selected (“Selected Time Slot”), and where this cannot be met, you will be notified and given the opportunity to agree a new delivery time or receive a full refund.
- WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED. If no one is available at your address to take delivery, we will send you an email informing you that we have attempted to deliver the products. This email will also contain instructions on how and when to collect the products. In the event of a failed delivery, you may collect the products from us at 31-33 South Street, St. Andrews, KY16 9QR between 9am and 9pm after the time detailed on the email sent to you.
- IF YOU DO NOT COLLECT THE GOODS AFTER A FAILED DELIVERY. If, after a failed delivery to you, you do not collect the products, we will contact you. If, despite our reasonable efforts, we are unable to contact you or arrange collection after a failed delivery we may end the contract and clause 8.2 will apply.
- WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCTS. The products will be your responsibility from the time we deliver the products to the address you gave us, or you collect them from us after a failed delivery.
- WHEN YOU OWN PRODUCTS. You own our goods once we have received payment in full.
YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the product you have ordered, please contact us. In order to make a change, we will need to be informed, at least, 24 hours before the Selected Time Slot (see clause 5.3). We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
YOUR RIGHTS TO END THE CONTRACT
- YOU CAN ALWAYS END YOUR CONTRACT WITH US. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- In all other cases (if we are not at fault), see clause 7.4.
ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
- CHANGING YOUR MIND. You do not have a right to change your mind under the Consumer Contracts Regulations 2013 in respect of the perishable products we sell subject to these terms and conditions.
- ENDING THE CONTRACT WHERE WE ARE NOT AT FAULT. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- INSPECTION OF YOUR ORDER. Please inspect your order upon delivery and contact us immediately if there is an issue with the item or if you have received the wrong item, so that we can evaluate the issue and make it right.
HOW TO END THE CONTRACT WITH US
TELL US YOU WANT TO END THE CONTRACT. To end the contract with us, please let us know by doing one of the following (providing your name, home address, details of the order and, where available, your phone number and email address):
- Phone: Call our team on 01334 473285; or
- Email: Email us at email@example.com.
- RETURNING PRODUCTS AFTER ENDING THE CONTRACT. Unfortunately, we cannot accept returns of perishable products.
- HOW WE WILL REFUND YOU. We will refund you the price you paid for the products including delivery costs through Shopify Inc. by the method you used for payment. However, we may make deductions from the price, as described below.
- TELL US YOU WANT TO END THE CONTRACT. To end the contract with us, please let us know by doing one of the following (providing your name, home address, details of the order and, where available, your phone number and email address):
OUR RIGHTS TO END THE CONTRACT
- WE MAY END THE CONTRACT IF YOU BREAK IT. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us after a failed delivery:
- YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE PRODUCT
- HOW TO TELL US ABOUT PROBLEMS. If you have any questions or complaints about the product, please contact us. You can telephone our team at 01334 473285 or write to us at 31 South Street, St Andrews, Fife, KY16 9QR email us at firstname.lastname@example.org.
- SUMMARY OF YOUR LEGAL RIGHTS. We are under a legal duty to supply products that are in conformity with this contract.
PRICE AND PAYMENT
- WHERE TO FIND THE PRICE FOR THE PRODUCT. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order. The total purchase price, including VAT and delivery charges, will be displayed in your shopping cart prior to confirming the order.
- WE WILL PASS ON CHANGES IN THE RATE OF VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- WHAT HAPPENS IF WE GOT THE PRICE WRONG? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
- WHEN YOU MUST PAY AND HOW YOU MUST PAY. Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering. You must pay for the products before we despatch them. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of any further deliveries until payment has been received. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
- WE ARE NOT LIABLE FOR BUSINESS LOSSES. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- WEBSITE OPERATION LIMITATION. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.
- ALLERGY INFORMATION. We use a large variety of ingredients in the making of our products. We know that some customers have allergies and therefore we would like you to be aware that we can't guarantee that any given product will be completely free of ingredients to which you may be allergic or intolerant. It is your responsibility to check the allergens listings of the products before placing an order. No refunds will be given on the basis of allergens, where this information is available on our website.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
- IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS. These terms are governed by the laws of Scotland and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.