Terms & Conditions
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.CUSTOMCOOKIECO.CO.UK (THE “WEBSITE”). BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.customcookieco.co.uk website is operated by Custom Cookie Company Limited, a company registered in England and Wales.
Our registered office is at London Road, Hindhead, Surrey
Our company registration number is 7596076
Our VAT registration number is 162427812
Any reference in these terms and conditions to “we” or “us” refers to Custom Cookie Company Limited
Our contact details are as follows:
Custom Cookie Company Limited
15 London Road
Telephone number: 01428608247
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
Ordering from us
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.
Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
Please note that we reserve the right to brand our personalised products.
We may refuse to accept an order:
(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.
(f) If your order for personalised products contains content which 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.
(g) If we believe your order is for commercial or other non-domestic concerns.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
We will deliver the Products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
As all our cookies are made & decorated to order, we will usually require 1-2 days to prepare your order (and prefer 1 weeks notice for orders over 50 cookies and 2 weeks notice for orders of 750 or more). If your request is more urgent please contact us and we'll try to accommodate where possible.
Rest assured all our cookies are extremely well packaged and breakage is very unlikely. However, for larger orders (in particular functions & wedding favour cookies) we’ll include some extras free of charge just to put your mind at rest.
Custom Cookie Company can despatch orders everyday except Sundays
Unfortunately Custom Cookie Company cannot guarantee that delivery instructions provided to us will be carried out and are not liable for any errors made by Royal Mail or courier companies and can't be held liable for delays in delivery or lost or damaged parcels.
WE OFFER SEVERAL SHIPPING METHODS:
Standard 1st Class - despatched in 1-3 working days (unless a later date is requested), sent via 1st class Royal Mail who aim to deliver in 1-3 days. In our experience about 90% of 1st class mail arrives the day after dispatch, about 8% arrives in 2-3 days and the rest can take up to 5 days, or is occasionally lost in the post. Standard 1st class mail it is the most economical but is not the most reliable. We retain proof of postage but the delivery is neither tracked nor guaranteed.
1st Class Recorded - dispatched in 1-3 working days (unless a later date is requested), sent via Royal Mail 1st Class recorded service. This option is the same as 1st class mail (see above) but this service is Tracked and a signature is required on delivery. We have found this service to me more reliable than std 1st class with almost zero parcels being 'lost in the post'.
Special Delivery - despatched in 1-3 working days (unless a later date is requested) and guaranteed by 1pm the next working day. The safest and most cost effective option for small parcels.
Saturday Special Delivery - Guaranteed Saturday delivery for parcels posted on Friday (orders for Saturday Special must be received by end of day on a Wednesday so that we can decorate your order on Thursday, allow it to dry, and package & despatch on Friday)
Courier Delivery - Generally the most cost effective for orders over 1kg or orders spread over several packages. Despatched in 1-7 working days and guaranteed delivery by the end of the next working day to most UK destinations.
If you wish to cancel your order you can notify us by contacting us through the website or by telephone (0161 947 5900 ). As we make all cookies to order, this must be before your cookies have been baked.
Please note: In order to provide a fast service some products are immediately sent for production. Please check your order on screen and the confirmation email carefully as we cannot refund products which have been miss-spelt.
We reserve the right to cancel your order at any time and issue a full refund.
The provisions of this clause do not affect your statutory rights.
Returns and exchange
If you are not completely satisfied with your cookies, simply return them to us at any time within 14 working days of receipt. The costs of returning goods to us shall be borne by you. unfortunately we are unable to refund postage costs on unwanted non-personalised items.
The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post.
Your rights to return the goods to us will not apply in the following circumstances:
Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
- If you have made a spelling mistake on your order and it has been sent for production.
- You have disposed of the item you have an issue with
- A perishable item that has been consumed/disposed of.
If you return an item because it is damaged, or because it is defective, we will happily refund the full value of the item. We will request a photo to show the damage/ issue before a refund is issued.
The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.
We regret that postage and packing costs for unwanted items cannot be refunded after 7 working days from when the order was delivered.
• You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.
• The parcel can take up to 7 working days to be returned to us, unless sent via special delivery.
This returns policy does not affect your statutory rights.
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
I received the wrong item
If the item you received is not what you originally ordered, please contact us quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return.
If the item you received is damaged, please contact us quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. If the item is faulty, please return it to us within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.
The colour of the cookies you receive may not match the colour as displayed by our website and we reserve the right to swap colours and designs as we see fit. Please be aware that if colour is important to you, your order is placed at your own risk.
In using the Photo Upload facility on the website, you agree not to upload or print any images that will cause distress or offence to any person. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image. We reserve the right to refuse to process any order that may cause offence or distress to others – in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.
Visitor Material and Conduct
You are prohibited from posting or transmitting to or from this Website any material:
(a) - 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
(b) - for which you have not obtained all necessary licences and/or approvals
(c) - 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 or
(d) - 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).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate 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 the clauses of above.
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. 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 therefore do not 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 this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) - you do not remove, distort or otherwise alter the size or appearance of www.customcookieco.co.uk
(b) - you do not create a frame or any other browser or border environment around this Website
(c) - you do not in any way imply that we are endorsing any products or services other than our own
(d) - you do not misrepresent your relationship with us nor present any other false information about us
(e) - you do not otherwise use any trade marks displayed on this Website without our express written permission
(f) - you do not link from a website that is not owned by you and
(g) - your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.
Updated: 18th March 2015
OTHER TERMS AND CONDITIONS
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account" - means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Carrier" - means any third party responsible for transporting purchased Goods from our Premises to customers;
"Content" - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Goods" - means any products that Customcookieco.co.uk advertises and / or makes available for sale through this Website;
"Customcookieco.co.uk" - means Custom Cookie Co Ltd. trading as Customcookieco.co.uk 15 London Road Hindhead Surrey Gu26 6AB
"Service" - means collectively any online facilities, tools, services or information that Customcookieco.co.uk makes available through the Website either now or in the future;
"Payment Information" - means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Purchase Information" - means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
"Premises" - Means our place(s) of business located at 15 London Road Hindhead Surrey Gu26 6AB
"System" - means any online communications infrastructure that Customcookieco.co.uk makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" - means any third party that accesses the Website and is not employed by Customcookieco.co.uk and acting in the course of their employment; and
"Website" - means the website that you are currently using (www.Customcookieco.co.uk) and any sub-domains of this site (e.g. subdomain.Customcookiecoco.uk) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside the UK, import duties and taxes may be incurred once your Goods reach their destination. Customcookieco.co.uk is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Customcookieco.co.uk cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 - Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Customcookieco.co.uk, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 - Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Customcookieco.co.uk.