Terms & Conditions

Updated 25th May 2018

This page (together with the documents referred to on it) tells you the Terms and Conditions on which we will supply to you the products (“Products”) listed on our website Sweet Deliveries.co.uk (“the Site”) via one of our subscription services (“Services”). Please read these Terms and Conditions carefully before ordering any Products from the Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. Sweet Deliveries Ltd reserves the right to revise these Terms at any time by updating this posting but will not change these Terms in relation to orders which have been placed and acknowledged by Sweet Deliveries before the change is made. 

You are encouraged to review these terms each time you use the Site because your use of the Site will constitute your acceptance of the changes. Price information is subject to change without notice but will not change these terms in relation to orders, which have been placed and acknowledged by Sweet Deliveries before the change is made.  

You are required to tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from the Site.  

SERVICE AVAILABILITY

The Site is only intended for use by people resident in the United Kingdom of Great Britain, Northern Ireland and the Republic of Ireland (Serviced Countries). We do not accept orders from individuals outside those countries.

YOUR STATUS

By placing an order through The Site, you warrant that:

  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old;
  • you are resident in one of the Serviced Countries;
  • you are accessing the Site from that country.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  • By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. (Unless your original rate was part of a limited offer discount). Your credit/debit card will be charged immediately upon initial subscription for that month's theme and will be charged on the 1st of every calendar month thereafter. 
  • Any cancellations need to be done prior to 5pm of the last day of the previous month to prevent the charge for that month. To cancel your subscription at any time, you must log on to your account via Sweet Deliveries.co.uk or email us at cancel@SweetDeliveries.co.uk and we will do it for you. If you cancel, you may use your subscription until the end of the then-current month. Sweet Deliveries may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.
  • For prepay subscriptions, your subscription will automatically renew after your then-current term expires. You may choose to opt out of auto renewal at any time. If you cancel your multiple month subscription other than because of a material breach by Sweet Deliveries of these Terms, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
  • We reserve the right to revoke your subscription at any time because of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.
  • The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see 6. Consumer Rights and Cancellation below).
  • We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

VOUCHERS AND GIFT CARDS

  • We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All these Terms and Conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
  • A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
  • We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
  • Vouchers may only be redeemed through the website Sweet Deliveries.co.uk and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
  • Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

CONSUMER RIGHTS & CANCELLATION

  • You may cancel your FIRST order and receive a refund at any time before your order is delivered and up to fourteen days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the Sweet Deliveries refunds policy (see below).
  • Each box subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a box subscription and receive a refund within fourteen days of receiving your FIRST monthly box. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen-day period after your initial subscription that you will be entitled to a refund (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
  • To cancel your first order, you must inform Sweet Deliveries by email, giving us your name, address and order reference. You must return your Sweet Deliveries within 14 days of notifying us of the cancellation in the same condition in which you receive them and at your own cost and risk. Sweet Deliveries has a right to deduct from your refund amount any reduction in value of the products caused by your handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. 
  • Sweet Deliveries’ refunds policy is: if you cancel an order within the fourteen-day cancellation period (see above), Sweet Deliveries will refund you as soon as possible and, in any case, within fourteen days of the day of our receipt of the returned products or (if earlier) the day you provide evidence of having sent the products back to us.
  • Sweet Deliveries will refund the price of the products in full excluding the cost of delivery.  Sweet Deliveries will refund the purchase price using the same method originally used by you to pay for your purchase.

AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date which will be on or around the 22th of each month, unless we contact you to advise of any change.

RISK AND TITLE

  • The Products will be at your risk from the time of delivery.
  • Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

PRICE AND PAYMENT

  • The price of the Products and our delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.
  • Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
  • Payment for all Products and Services must be by credit or debit card. We accept payment with from all major credit cards and PayPal. 

OUR REFUNDS POLICY

If you return a Product to us, it is:

  • Because you have cancelled the Contract between us within the cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. You will be responsible for the cost of returning the item to us (see clause 5.2).
  • For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these Terms and Conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. 
  • We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

WARRANTY

We warrant to you that any Product purchased from us through the Site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

OUR LIABILITY

Subject to clause if we fail to comply with these Terms and Conditions we shall only be liable to you for the purchase price of the Products. Nothing in this agreement excludes or limits our liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation;
  • Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
  • Defective products under the Consumer Protection Act 1987;
  • Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to Sweet Deliveries UK Ltd. at info@Sweet Deliveries.co. uk.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to  the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

  • The contract between you and us is binding on you and us and on our respective successors and assignee's.
  • You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

INTELLECTUAL PROPERTY RIGHTS 

  • We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
  • You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
  • If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services, you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

EVENTS OUTSIDE OUR CONTROL

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
  • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • Strikes, lock-outs or other industrial action;
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • Impossibility of the use of public or private telecommunications networks; and
  • The acts, decrees, legislation, regulations or restrictions of any government.
  • Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

  • If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
  • A waiver by us of any default will not constitute a waiver of any subsequent default.
  • No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

SEVERABILITY

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, Conditions and provisions which will continue to be valid to the fullest extent  permitted by law.

ENTIRE AGREEMENT

  • These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
  • We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
  • Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
  • Nothing in this clause limits or excludes any liability for fraud.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  • We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
  • You will be subject to the policies and Terms  and Conditions in force at the time that you order Products from us,  unless any change to those policies or these Terms and Conditions is  required to be made by law or governmental authority (in which case it  will apply to orders previously placed by you), or if we notify you of  the change to those policies or these Terms and Conditions before we  send you the Dispatch Confirmation (in which case we have the right to  assume that you have accepted the change to the Terms and Conditions  unless you notify us to the contrary within fourteen working days of  receipt by you of the Products).

LAW AND JURISDICTION

Contracts for the purchase of Products through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.