Terms and Conditions

 

 

These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which BERRY TEMPTATION LLP (“we/us”) makes this website www.berrytemptation.co.uk (“ BERRY TEMPTATION LLP Website”) available to you and on which we supply and deliver hand-dipped chocolate strawberries and other associated products (“the Services”). You can access our Services via our Company Website, email or by telephone.

“The Contract” means any contract between us and you for the sale and purchase of the Goods, incorporating these Terms and Conditions; ‘the Goods’ means any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).

This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms and conditions carefully before using this website or place an order for any of the products ("Products") listed on the Website. Using this website indicates that you accept these terms regardless of whether or not you choose to purchase from us. You should print a copy of these terms and conditions for future reference.

We, BERRY TEMPTATION LLP reserve the right to vary these terms and conditions from time to time. It is your responsibility to regularly review these terms and conditions before each purchase to keep up to date with any changes to them.

1. About us “ The Seller“

1.1 Welcome to BERRY TEMPTATION Website. This site is owned and operated by BERRY TEMPTATION LLP. We are registered in London under company number OC369206 and with our registered office at 55 Dock Meadow Reach, London , W7 2QN

2. BERRY TEMPTATION Products

2.1 We supply and deliver hand-dipped chocolate strawberries and other associated products. 2.2 Products made in the kitchens of BERRY TEMPTATION are made by hand and accordingly there will be minor variations in appearance and size. All illustrations and descriptions displayed on BERRY TEMPTATION Website or distributed by email, brochure or in any other way are for guidance purposes only and will not form part of the Contract. 2.3 The Products shown on the Website are subject to availability We reserve the right to make alterations to the design, appearance and technical specifications of our products from time to time and at such time or at any other times, to make alterations to our advertised information concerning such Goods, without notice. We reserve the right to substitute some or all of the contents or packaging with an item of equal or greater value without notice.. 2.4 If the Product you have ordered is not available we will try to inform you as soon as possible following receipt of your order at which time you will be given the opportunity to cancel your order. If you elect to cancel your order, we will refund to you the cost of the Products ordered as soon as reasonably practicable and in any event within 30 days. We shall not be liable to pay any other refund or compensation for losses suffered by you as a consequence of our inability to fulfill your order 2.5 BERRY TEMPTATION Products are intended from human consumption which means that all product ingredients could contain substances that include eggs, coconut, milk, butter, sugar, and may contain traces of nuts and nut products. This products MAY BE HARMFUL OR PRODUCE ALLERGIES TO CERTAIN PEOPLE. It is your responsibility to ensure that neither you or the recipient has any relevant allergies or medical condition which could prevent the consumption of this hand-dipped strawberries or related products Please call our customer helpline at the number given above if you wish to enquire about product ingredients before ordering BUT WE WOULD ADVISE THAT YOU CONTACT A MEDICAL ADVISOR IF YOU HAVE ANY CONCERNS PRIOR TO PLACING AN ORDER ON THE WEBSITE. 2.6 It is illegal for anyone under the age of 18 to purchase alcoholic beverages in the UK. By placing an order on you warrant that you are at least 18 years old and, if the purchase is a gift, that the recipient of the Product is at least 18 years old.

3. Orders and Payment

3.1 A minimum of 1 working day is required for all orders subject to prior written agreement. 3.2 All orders will be acknowledged but are subject to availability of products and acceptance of your order. 3.3 Payments by credit card or debit card will normally be debited within 24 hours. Payment may be made by credit card, debit card, bank transfer using our secure online order form. Payment is taken at time of ordering. No payment shall be deemed to have been received until we have received cleared funds. 3.4 You shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you. 3.5 No contract for the sale of any Products will subsist between you and us unless and until we accept your order by way of an email confirming the details of your order and your contact and delivery details "Confirmation". All orders are subject to acceptance by us, and we will confirm such acceptance by sending the Confirmation to you (whether or not you receive that Confirmation). 3.6 In the event that payment is not received by us by the due date, we shall be entitled to suspend all other deliveries until payment is received and/or repudiate the Contract. In such event, we shall be entitled to sell any Goods in its possession and you shall indemnify us for any loss thereby. 3.7 All payments payable to us under the Contract shall become due immediately upon termination of the Contract despite any other provision. 3.8 You will be liable for all costs incurred by us in the recovery of debts not paid by the due date. 3.9 You undertake that all details you provide for the purpose of ordering Products are correct and you consent to our use of them for processing your order and other purposes, that the credit or debit card you are using is your own, or that you have permission to use the credit or debit card from its owner, and that there are sufficient funds to cover the cost of the Products ordered. 3.10 Please note that we cannot guarantee the security of data which you send by email. Accordingly please do not send you payment information by email. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide to us when placing an order. 3.11 Please note that any special offers as displayed on the Website from time to time cannot be used in conjunctions with any other offer or promotion 3.12 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it. Any errors in the Confirmation should be notified to us by contacting. Our contact details are: Berry temptation LLP, 55 Dock Meadow Reach, London W7 2QN, Telephone number: 020 8840 3228, Email: info@berrytemptation.co.uk Orders cannot be amended less than 24 hours prior to the delivery date. 3.13 By placing an order on the Website you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.

4. Our Prices

 4.1 The price of any Products will be as quoted on the Website from time to time, except in the case of obvious error. 4.2 All prices listed on the Website are valid for 14 days from the date your order is submitted to us. 4.3 Delivery charges on the Delivery page are indicative only and we reserve the right to charge the actual cost of delivery without notice. 4.4 An additional delivery charge will be added in case of same day delivery, Saturdays or Sundays, or bank holidays. Please note that we do not deliver outside Greater London. 4.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you the Confirmation. 4.6 It is always possible that, some of the Products listed on the Website may be incorrectly priced despite our best efforts. We will check prices as part of our Confirmation procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount, If a Product’s correct price is higher than the price stated on the Website, we will, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 4.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you the Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you.

5. Delivery

5.1 Please note that at present we accept orders from individuals for delivery just inside London due to the nature of our product. Our normal method of delivery is by our eco caps which will be nominated by us. We reserve the right to choose the best method for your delivery. 5.2 We  deliver our orders, between 10:30am to 18:30 pm orders must be placed between 9:00am to 17:00pm on the day prior to the intended delivery date. Delivery on the date and at the time specified in your order is intended to be an estimate, is not guaranteed and is not of the essence If you require delivery of Products after this time please contact us direct and we will try to accommodate you. 5.3 Only one delivery date will apply per order. If multiple delivery dates are chosen in one order, we reserve the right to charge an additional amount for delivery on different dates. We will contact you before charging any additional amount. 5.4 Our delivery service is not available on Saturdays, Sundays, UK public holidays. We may be able to deliver on Saturdays upon special request, for which there will be a charge in addition to our standard delivery charges. Where orders have been placed for delivery on any of these dates we will endeavour to deliver within 3 working days after the date requested. 5.5 If products are damaged in transit, the maximum amount payable in respect of these products will be limited to the price of the products damaged. 5.6 Subject to the other provisions of these Terms and Conditions we will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence), nor will any delay entitle you to terminate or rescind the Contract unless such delay exceeds 30 days. 5.7 Our BERRY TEMPTATION Products are only guaranteed to be fresh for the day they are requested to be delivered. We will not accept any liability for delay if there is no one to receive the order at the delivery address. Delivery notes must be checked and signed by you or on your behalf at the time of delivery. 5.8 It shall be your duty to examine the Goods upon delivery to ensure that the delivery is complete and that the Goods have not been damaged in transit. 5.9 If you properly reject any of the Goods which are not in accordance with the Contract or in the unlikely event that the Products you have ordered are damaged or are otherwise unsatisfactory when you receive them please retain the Products and contact us within 24 hours of receipt of the allegedly damaged or incorrect order. We will not accept liability for any claim of damage to an order or incorrect delivery or unsatisfactory order if you do not advise us of your complaint within this time period. 5.10 We shall not be liable whatsoever if you fail to give such notice of damage or non-delivery and any such damage to the goods shall be deemed to have occurred after transit or delivery, unless the contrary is proven by you. 5.11 You are required to enter full and accurate details, including the name, address and postcode, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you. 5.12 Deliveries to hospitals, military bases and business addresses will be delivered to a main reception or mailing room prior to internal distribution. Deliveries cannot be made to PO Box addresses. All deliveries made to hospitals must include the ward name or number in the relevant address field.

6. Force Majeure

6.1 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever. 6.2 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the failure arises from any cause beyond our reasonable control.

7. Cancellation

 7.1 You will not be entitled to cancel your order after the Confirmation has been sent to you. You will however be entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances 7.2. Nothing in these terms and conditions alters or affects your statutory rights.

8. Personal Messages

8.1 You must agree that any messages posted by you on your card or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable. 8.2 You are entirely responsible for any text or other material which you post or send on this message system and we accept no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the relevant Services at any time and without liability to you in the event of any such objectionable message.

9. Title and Risk

9.1 The Goods are at your risk from the time of delivery. Please bear in mind that this is a very perishable product, ensure that the recipient will be available to enjoy their gift on the day it is due to arrive. 9.2 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Goods and all other sums which are or which become due to us from you on any account. 9.3 You may not resell the Goods before ownership has passed to you without our prior written consent. 9.4 In the case of resell is authorize you should store the Goods (at no cost to us) in such a way that they remain readily identifiable as our property; not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods

10. Customer Services

10.1 Because of their perishable nature, BERRY TEMPTATION Products are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with your hand-dipped strawberries please call our customer service helpline on 020 3601 5874 / 02088403228 from 9h00 am to 17h00pm, Monday to Friday, quoting your order reference number or email info@berrytemptation.co.uk. 10.2 In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 day (24 hours) of the date of delivery or intended delivery of your purchase.

11. Limitation of Liablity and Disclaimer

 11.1 Whilst we agree to use our reasonable endeavours to ensure that BERRY TEMPTATION Website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of our Website or Services and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of BERRY TEMPTATION Website and/or the Services impossible or impractical. 11.2 We make every effort to ensure that the pictures and descriptions contained within the website are a true reflection of our products. Some pictures may be part of a photo gallery , and they do not form part of the contract between you and us We do not guarantees that the product will correspond to the pictures contained in the website , an as the nature of the product the sizes may vary from time to time 11.3 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material. 11.4 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. We also make no warranties, representations or undertakings that the material on the Website will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties and we exclude all responsibility for any loss or damage that may result from your access to or use of the Website.. 11.5 Please bear in mind that BERRY TEMPTAION Products are intended for human consumption. The products will contain substances which may be harmful and produce allergies to certain people It is under your responsibility to ensure that neither you nor the recipient of the gift has any relevant allergy or medical condition For further information regarding BERRY TEMPTATION Products please e mail us at info@berrytemptation.co.uk. However we could advise that if you have any concern prior placing an order on the website please contact a medical advisor. 11.6 Our liability will not exceed the total price charged for the Products purchased. Nothing in these terms and conditions will exclude or limit our liability for fraud, death or personal injury caused by our negligence 11.7 if any of the Goods do not conform with any warranty by us we shall at our option replace that part of the Goods free of charge or issue to you a credit note equivalent to the price of that part of the Goods failing to comply with the warranty. Any such Goods will belong to us.

12. Intellectual Property and Content

12.1 BERRY TEMPTATION Website is protected by copyright and other intellectual property rights in all content and material on this Website (including without limitation the name "BERRY TEMPTATION", photographs, logos, trade marks and graphical images) are owned by BERRY TEMPTATION LLP unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved. 12.2 You may print and download extracts from this Website solely for your own personal porpoise None of the content may be downloaded, copied , reproduced, transmitted, stored, sold or distributed or any non personal or commercial purposes without our prior written permission.

13. Privacy Policy and Visitor Material and Conduct

13.1 Your privacy is important to us and we are committed to maintaining the privacy of any personal information received from you. 13.2 We may collect and process the following data about you: 13.2.1 Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our date reminder service, or requesting further services. We may also ask you for information when you report a problem with the Website. 13.2.2 If you contact us, we may keep a record of that correspondence; 15.2.3 Details of transactions you carry out through the Website and of the fulfillment of your orders; 13.2.4 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them; We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy. 13.3 Other than personally identifiable information which is covered under the Privacy Policy any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licenses to enable us to do so. 13.4 You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website: 13.4.1 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; 13.4.2 that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience; 13.4.3 for which you have not obtained all necessary licenses and/or approvals; 13.4.4 which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); 13.4.5which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website; 13.4.6 Which involves sending any unsolicited advertising or other promotional material, commonly referred to as “Spam”. 13.5 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions. 13.6 You shall fully indemnify BERRY TEMPTATION LLP Limited and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 15.

14. General

14.1 We have taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products. 14.2 Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part. 14.3 We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply Goods as advertised we will notify you, except that we reserve the right to substitute goods or packaging of equal or greater value in the event of such supply difficulties. 14.4 We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website. 14.5 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to BERRY TEMPTATION Website and/or the Services from time to time. We will post any changes on BERRYTEMPTATION Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the BERRY TEMPTATION Website or the Services. Changes will be effective immediately after the posting of such change. 14.6 We reserve the right of suspend, restrict or terminate access to BERRY TEMPTATION Website and/or the Services for any reason at any time. 14.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts The Website and these terms and conditions are governed by the laws of United Kingdom You agree to submit to the exclusive jurisdiction of the English courts in all matters relating to such use of the Website and in relation to these terms and conditions. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these terms and conditions will remain in full force and effect in so far as possible THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.