Terms and Conditions

    1. Purchase Contract

1.1 This website is operated by Elizabeth James Confectionery (hereinafter also referred to as "we", "us" or "our"). All purchases made on this website are governed by these Terms and Conditions.

1.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not be re-sold or otherwise circulated without our prior written consent.

1.3 We will confirm acceptance of your order. This will either be by a message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.

1.4 You must be 18 years of age or over and must have completed the registration process in order to participate in our service.

    2. Price and Delivery Charges

2.1 The price of the goods will be as quoted on the website at the time you confirm your order. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed.

2.2 The prices stated on the website will be inclusive of any VAT payable.

2.3 The price of the goods does not include a charge for delivery. These charges are in addition to the order and will be calculated and you will be advised.

2.4 Deliveries by hand will incur transport costs.

    3. Methods of Payment

3.1 Payment may be made through bank tranfer or we will accept cash payments if hand delivered. You cannot pay for an online order by cash or cheque. There is a minimum order required of £15.00.

3.2 As all orders are made to order a deposit of 50% of the order will be required.

     4. Delivery

4.1 Delivery will be made to the address specified by you. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

4.2 Products are subject to availability. The website is updated on a daily basis but in the event of non-availability of any goods you order, we may offer a reasonable substitute.

4.3 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.

4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly. 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. We shall have no liability to you whatsoever, financial, administrative or otherwise, if you do not receive your order as a result of your providing incorrect delivery address details. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no-one is at the address when the delivery is attempted, goods sent by standard first class mail will be left with a neighbour, wherever possible, in accordance with the Royal Mail guidelines as at September 2012. Items sent by Special Delivery or international mail will be retained by the delivery company. In all cases, notification of delivery will be given. It is your responsibility to re-arrange delivery, where appropriate. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.

4.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and for the cost of delivery.

    5. Ingredients in our Products

Due to processes within our kitchen, all products contain, or may contain trace amounts of NUTS, PEANUTS, EGGS, GLUTEN, DAIRY, SEEDS & SOYA.

We are not liable for any other allergens   

    6. Defective Goods

6.1 We guarantee the quality of our products. You must inspect the products and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any products if one of the criteria set out below applies to the product/s delivered to you:

1. The products are not what you ordered;

2. The products are damaged or defective;

3. The delivery is of an incorrect quantity;

4. If you do not receive the products ordered (other than as a result of your providing incorrect delivery address details as per clause 4.4).

We will arrange with you for the products to be returned to us. We reserve the right to make any refund due to you in whatever way we choose.

    7. Amendment of Orders and Cancellation Rights

7.1 Orders may be cancelled if the product has not been dispatched. We will notify you via e-mail when your goods have been dispatched. After this time we cannot accept cancellation. 

7.2 The Right of Withdrawal of eight days does not apply to contracts for the supply of perishable food goods including chocolate, cakes and biscuits or other such confectionery goods.

    8. Warranty and Liability

8.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence; neither will any of these terms restrict any of your statutory rights. However we do not accept liability for allergic reactions to the allergens stated in clause 5.

8.2 In addition to paragraph 4.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

8.3 Other than as set out in clause 7.1 above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods and delivery contained in that order.

    9. Customer Complaints

At Elizabeth James Confectionery, we are committed to providing an excellent service. If however, we have sent you products that you are not entirely happy with, please contact us with your comments. We need to know where we can improve our service and products and will do all we can to put it right for you. Any comments and customer complaints should be addressed to us via the e-mail address and telephone numbers which are listed on our website on the "Contact Us" page.

   10. Notices

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to us via the email address listed on the “Contact Us” page on our website. All notices from us to you will be via e.mail.

    11. Privacy Policy

 Elizabeth James Confectionery are committed to ensuring that your privacy is protected and that we fully comply at all times with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. The privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

    12. General

12.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

12.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied apart of this website shall remain at all times vested in us. 

12.3 The information contained on this website, and those websites to which there are links, is for general interest only. While care has been taken in its preparation, no responsibility is accepted for any misleading information or errors within this or other websites quoted.

12.4 All photographs published on this website are the copyright of their respective owners, whose permission should be sought in writing for their use by other parties.

12.5 The design of this website is the copyright of Elizabeth James Confectionery and www.elizabethjamesconfectionery.com  No unauthorised use of its contents is permitted without prior permission of the copyright holders. 

12.6 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.

12.7 These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.