BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.candymechanics.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms and Conditions when ordering Goods.  If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site.  These Terms and Conditions, as well as any and all Contracts are in the English language only.

IMPORTANT – PLEASE READ

We make amazing confectionary that is personalised to Your own design or by using Our designs.  It is a unique product and as a result there are a number of important things that we must draw your attention to:

Perishable

Our Goods are perishable foods and we recommend that they are consumed within the suggested time period and that you keep them in accordance with our storage instructions to ensure that they maintain their quality and taste.

No Cooling Off – see Clause 10

You do not have the normal 14 day “cooling off” period to cancel an Order (unless they are faulty) because the Goods are made to your specifications or are clearly personalised and also because the Goods are foods and are liable to deteriorate or perish.

Design Ownership – see Clause 16

If you use your own designs (or somebody else’s designs) to personalise your Order, You give those designs to Us (to the extent You have the right to) and you give Us the right to use those designs for free and forever which means that We have the right to use those designs at any time in the future and We are not required to pay you for using those designs.

Offensive material – see Clause 17

We may refuse to accept or cancel your Order (in addition to the reasons in these Terms and Conditions) if We consider that in using our Site or in making your Order You use any material that We consider is offensive.

Events beyond our control – see Clause 12

We will not ship Goods if the temperature is 30 degrees centigrade or above and We will not be responsible or liable for delays in delivery caused by the heat.

1. 1. Definitions
      1. In these Terms and Conditions the following expressions have the following meanings:

1. Information About Us
   1. Our Site, www.candymechanics.com, is owned and operated by Us.
   2. Our VAT number is 9749521.
2. Access to and Use of Our Site
   1. Access to Our Site is free of charge.
   2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
   3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
   4. Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.
3. Business and International Customers
   1. These Terms and Conditions do not apply to customers purchasing Goods in the course of business.  If you are a business customer, please contact us at hello@candymechanics.com .
   2. If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  We are not responsible for such charges Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering.
4. Goods, Pricing and Availability
   1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
      1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
      2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
      3. due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the dimensions or weight of those Goods between the actual Goods and the description.
   2. Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 9 if you receive incorrect Goods (i.e. Goods that are not as described).
   3. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
   4. All prices on Our Site include VAT.
   5. Delivery charges will be included in the price of Goods quoted to you in the  Shipping Confirmation.  For more information on delivery charges, please refer to Our Site.  Delivery options and related charges will be presented to you as part of the order process. The normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
5. Orders – How Contracts Are Formed
   1. Our Site will guide you through the ordering process. Please ensure that you have checked your Order carefully before submitting it.
   2. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you a Shipping Confirmation by email.  Only once We have sent you a Shipping Confirmation will there be a legally binding Contract between Us and you.
   3. Shipping Confirmations shall contain the following information:
      1. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
      2. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
      3. Estimated delivery date(s) and time(s).
   4. Even after We have issued a Shipping Confirmation, We reserve the right to cancel an Order an any time without liability to You, if We become aware that Your Order contains any material that We consider to be offensive or otherwise in breach of Clause 17.
6. Payment
   1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We ship Your Goods.
   2. We accept the following methods of payment on Our Site:
      1. Credit card (Visa, Mastercard);
      2. PayPal; and
      3. Debit Card.
7. Delivery, Risk and Ownership
   1. We will endeavour to process your Order and manufacture your Goods within the time period stated for each item (subject to delays caused by events outside of Our control, for which see Clause 13).
   2. We will not ship Goods if the temperature is 30 degrees centigrade or above and We will not be responsible or liable to You for delays in delivery caused by the heat.
   3. Your Goods are personalised and production times may vary therefore:
      1. any times quoted in the Shipping Confirmation for the delivery of goods are indicative only;
      2. You may not cancel all or part of your Order; and
      3. You shall not be entitled to a refund once you have made your Order.
   4. Time for delivery is not of the essence under these Terms and Conditions.
   5. We will not be liable for any loss or expenses which You may sustain as a result of any delay in the delivery of your Order.
   6. Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
   7. The risk in the Goods shall remain with Us until they come into your physical possession.
   8. Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
8. Faulty, Damaged or Incorrect Goods
   1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences.
   2. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
   3. Beginning on the day that you receive the Goods (and ownership of them) you have a 10 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above.  Alternatively, you may request a replacement of the Goods.  We will bear any associated costs and will replace it within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund.
   4. Please note that you will not be eligible to claim under this Clause 9 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
   5. Please also note that you may not return Goods to Us under this Clause 9 merely because you have changed your mind.
   6. To return Goods to Us for any reason under this Clause 9, please visit the returns page on Our Site to complete a returns form.  We will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse you where appropriate.
   7. Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
   8. Any and all refunds issued under this Clause 9 will include all delivery costs paid by you when the Goods were originally purchased.
   9. You must return any Order to Us in its original packaging (which You should retain for this purpose). Nothing in this clause affects your statutory rights.
   10. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. You do not have a “cooling off” period to to Cancel or Return Goods if You Change Your Mind
   1. If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Order for any reason however this right does not apply to the Goods because under regulation 28(1)(b) of the Consumer Contract Regulations the Goods are made to your specifications or are clearly personalised and under regulation 28(1)(c), Consumer Contract Regulations, the Goods are liable to deteriorate or perish.
10. Our Liability to Consumers
    1. Subject to the following sub-clauses in this Clause 11, we will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply Goods for domestic and private use by consumers.  If you are a business customer please contact us for our terms and conditions applicable to business customers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    3. Our liability for losses you suffer as a result of us breaching these Terms and Conditions is limited to the purchase price of the Goods that you purchased.
    4. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    5. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If an event outside of Our control occurs and continues for more than 10 Business Days and you wish to cancel the Contract as a result, you may do so.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 10 Business Days of the date on which the Contract is cancelled.
12. Communication and Contact Details
    1. If you wish to contact Us with general questions or complaints, you may contact Us by email at help@candymechanics.com , or by post at Candy Mechanics, Makerversity, Somerset House, Victoria Embankment, West Goods entrance, WC2R1LA.
    2. For matters relating the Goods or your Order, please contact Us by email at help@candymechanics.com , or by post at Candy Mechanics, Makerversity, Somerset House, Victoria Embankment, West Goods entrance, WC2R1LA.
13. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from hello@candymechanics.com.
    3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
       1. In writing, addressed to Candy Mechanics, Makerversity, Somerset House, Victoria Embankment, West Goods entrance, WC2R1LA;
       2. By email, addressed to help@candymechanics.com;
       3. Using Our complaints form, following the instructions included with the form.
14. How We Use Your Personal Information (Data Protection)
    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
       1. Provide Our Goods and services to you;
       2. Process your Order (including payment) for the Goods; and
       3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.
    3. In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
    4. We will not pass on your personal information to any third parties without first obtaining your express permission.
    5. You may create Your Order using a likeness or image of your face or another person’s face.  You acknowledge and agree that such image shall not be treated as personal data for the purposes of the Data Protection Act 1998 and that We shall owe no liability in relation to Our use or treatment of such images and additionally You authorise Us to use and exploit such image in accordance with Our rights under Clause 16.1.
15. Ownership
    1. 1. You assign to Us all Intellectual Property Rights (meaning any copyright, patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, database rights and moral rights and rights in computer programs) in the designs or materials that You use in making your Order for the Goods and, if the assignment fails for any reason, You licence all such Intellectual Property Rights to Us on a royalty free, non-exclusive and perpetual basis.
       2. If we request it, You shall do and execute, or arrange for the doing and executing of, each act, document and thing that We may consider necessary or desirable to perfect Our right, title and interest in and to such Intellectual Property Rights provided that we meet Your reasonable costs of doing so.
16. Offensive material
    1. You are prohibited from posting or transmitting to or from the Site any material:
       1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
       2. For which you have not obtained all necessary licences and/or approvals;
       3. 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 any country in the world; or
       4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).
17. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 10 Business Days of your cancellation.
18. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.