These Deliciously Ella Terms & Conditions cover, without limitation, your interaction with and use of our Deliciously Ella website, www.deliciouslyella.com, and any component element or part of that website, including (without limitation) our App, our Webshop, our Newsletter and any of our other website content and/or services (all together “our Services”), whether interacting with and/or using our Services as a consumer or while in the course of work or in any other business or enterprise capacity, context or environment. By using our Services you consent to these Terms & Conditions.

If you do not agree to these Terms & Conditions or those we have agreed with you directly or indirectly do not use our Services. 

These Terms & Conditions cover four key areas:

1. Website Terms of Use

Interacting with and using our Website, www.deliciouslyella.com.

2. App Terms & Conditions

Downloading and interacting with and using our mobile app and/or related Services.

3. Webshop Terms & Conditions

Buying goods from and interacting with and using our Webshop and/or related Services on our Website and other related sites.

4. Self Serve Terms & Conditions

Using, purchasing and interacting with Services on our Website whilst in the course of work or in any other business or enterprise capacity, context or environment.

Please read to all relevant terms in relation to your particular use of our Services.

WEBSITE TERMS OF USE

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

What’s in these terms?

These terms tell you the rules for using our website, www.deliciouslyella.com (our site).

Who we are and how to contact us

www.deliciouslyella.com is a site operated by The Mae Deli Ltd (“we”, “our” and “us”). We are registered in England and Wales under company number 09680718 and have our registered office at 1 Vincent Square, London, SW1P 2PN, United Kingdom. Our main trading address is Floor 3, 25-26 Poland Street, London, W1F 8QN. Our VAT number is 320670337.  To contact us, please email hello@deliciouslyella.com.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference. 

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy & Cookie Policy. See further under How we may use your personal information

If you purchase goods or services from our site, our Webshop Terms & Conditions, App Terms & Conditions and/or Self Serve Terms & Conditions below (as applicable) will apply to any and all such sales (Terms & Conditions of Supply).

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@deliciouslyella.com.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us  at hello@deliciouslyella.com.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms & Conditions of Supply.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our site for domestic and private use. However, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy & Cookie Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact hello@deliciouslyella.com.

Which country’s laws apply to any disputes?

Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

 

APP TERMS & CONDITIONS

 

THE DELICIOUSLY ELLA APP TERMS & CONDITIONS

Mobile application end-user licence agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR ENTER INTO A SUBSCRIPTION ON THE APP.

Who we are and what this agreement does

We, Deliciously Ella Ltd, registered in England & Wales, company number 08519077, registered office 1 Vincent Square, London, United Kingdom, SW1P 2PN (Deliciously Ella, us or we) license you to use:

• The Deliciously Ella App mobile application software, the data supplied with the software and any updates or supplements to it (all together the App)
• The related online or electronic documentation (Documentation)).
• The service you connect to via the App and the content we provide to you through it (Service) as permitted in these terms.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy & Cookie Policy available on our Website.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

App Store terms also apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the App store through which you downloaded the app e.g. Apple App Store and Google Play.  The Apple App Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.

Operating system requirements

This app requires an iOS or Android device (Android 8.0 or higher)

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our FAQs:

• Android https://deliciouslyella.com/android-app-faq/
• iOS https://deliciouslyella.com/ios-app-faq/

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at developer@deliciouslyella.com

How we will communicate with you. If we have to contact you we will do so by email or in App notifications, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto your mobile phone or tablet and view, use and display the App and the Service on such devices for your personal purposes only.
• use any Documentation to support your permitted use of the App and the Service.

You must be 18 to accept these terms and buy the app

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above.  Whilst you may have sharing rights as set out above,  you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Free Trial

Free Trial. Where we offer you a free trial (Trial), unless we tell you otherwise, a Trial begins at the moment of sign up (even if you choose not to first use the App until a later date) and ends at 11:59pm local time on the last day of the Trial (for a one-week trial, this would be the same weekday of following week).

If you want to cancel your Trial. You must cancel the Trial on or before the last day of the Trial if you do not want to be charged for the further use of the App, Services and Subscription. You will be required to submit your payment details when you sign up to the Trial. At the end of the Trial if you cancel your access to the App, Services and Subscription will end. If you cancel your Trial, your cancellation will be processed and your Trial will end immediately, unless we tell you otherwise. 

If you don’t cancel your Trial. If you do not cancel the Trial before the end of the Trial you will be charged for the full month or year depending on the option you selected when you signed up for the Trial.

At the end of your Trial your subscription will automatically convert to a regular monthly or annual Subscription (as per your selection at sign up).

Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we tell you otherwise Trials are available only to new users who have never had the App before. You will only be entitled to one Trial. There is only one Trial permitted per user and payment method. It is a violation of these terms to sign up for a Trial if you have signed up for an account or Trial in the past or to have more than one account or Trial at the same time.

We reserve the right, in our sole discretion, to determine your eligibility for a Trial. If in we believe you are not eligible for a Trial, we may prevent you from signing up for a Trial or to cancel your Trial. If we cancel your Trial for any reason you will not be eligible for a refund.

Subscription Payment and Cancellation

Subscription. When you sign up to the App and Services you will have the option to select one of our current subscription plans (Subscription). Each Subscription will start on the day you sign up or reactivate a pre-existing subscription and make payment via a valid payment method as stated in the App from time to time (Payment Method).

Monthly Subscription and payment. Each billing cycle for a monthly Subscription is one calendar month in length (Monthly Cycle). Your Subscription will automatically renew each month, and you will be automatically billed  the monthly subscription fee to your Payment Method each month, unless or until your subscription is cancelled or terminated. You will be billed on the same date each month which will be the date you signed up. Where such date does not exist in a particular renewal month, you will be billed on the day immediately preceding the date of expiry of your current Subscription. For example:

• If you sign up on the 15 August, you will be billed on 15 September and the 15th day of each subsequent month.
• If you signed up on the 31 August you will next be billed on September 30th.

Yearly Subscription and payment. Each billing cycle for a yearly Subscription is one calendar year in length (Yearly Cycle). Your Subscription will automatically renew each year. We will automatically bill the yearly subscription fee to your Payment Method each year, unless or until your subscription is cancelled or terminated. You will be billed on the same date each year. So, if you sign up on 15 January 2020 you will be billed on the 15 January 2021 and 15 January of each subsequent year.

By continuing your Subscription you authorise billing your Payment Method accordingly. Your Payment Method must by current and valid at all times. If your Payment Method expires, you must update it. We may end your Subscription if you fail to make payment when it is due.

Price. We will notify you of the price of your Subscription when you sign up. We may change the pricing at any time. We will notify you of any price change through the App or other method such as SMS or email. Any price changes to your Subscription will take effect on or after the start of your next Monthly Cycle or Yearly Cycle (depending on whether you subscribe monthly or yearly). If you do not agree to the price change you may cancel your Subscription at any time before it renews. If you do not cancel your Subscription, you will be deemed to have accepted the new prices.

Please note that prices in the EU may vary due to applicable taxes and non-optional charges).

Changes to your Subscription. Any changes to your Subscription will be governed by these terms.

Cancellation by you. You may cancel your Subscription at any time before your Subscription renews, by going into your App subscription settings on your device and cancelling your Subscription. If you subscribed via the desktop version of the app, you must cancel your subscription via the desktop app. To do this, simply login to https://subscription.deliciouslyella.com/home, go to profile > manage subscription > select ‘cancel my plan’. 

Refunds. Our Subscriptions are non-refundable, unless there’s a problem with the Subscription.

If you do not use the App. Even if you do not use your Subscription or access the App or Services, you will still be responsible for paying for your Subscription until you cancel it in accordance with these terms or your Subscription is otherwise terminated. This does not affect your statutory rights which may entitle you to a refund if you have not yet downloaded the App.

If there’s a problem with the Subscription. You must tell us as soon as possible. The Consumer Rights Act 2015 says the Subscription must be as described, fit for purpose and of satisfactory quality:

• If your Subscription is faulty, you’re entitled to a repair or a replacement.
• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
• If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. Please see Our Responsibility For Loss Or Damage Suffered By You below for further information.

Other Promotions

Gift Cards. From time to time we may make available gift cards for the App. We will notify you of any applicable terms and conditions at the time of purchase.

Other Promotions. We may offer additional types of offers and promotions. We will notify you of any applicable terms and conditions at the time of purchase.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or to update our Subscriptions.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and are then able to cancel your subscription.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only and the content is largely provided by third parties. The App and Services do not offer advice on which you should rely. You must determine whether the App and Services are right for you and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. 

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements. If you experience any negative effects whilst using the App or Services you must stop using it immediately.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

WEBSHOP TERMS & CONDITIONS

APPLICATION

1. These Terms and Conditions will apply to the purchase by you (the Customer or you) of any goods from the Webshop made available by us via the Deliciously Ella website, www.deliciouslyella.com (Website). We are The Mae Deli Limited t/a Deliciously Ella, a company registered in England and Wales under number 09680718 whose registered office is at 1 Vincent Square, London SW1P 2PN, United Kingdom and whose principal trading address is at 25/26 Poland Street, London W1F 8QN, United Kingdom, with email address shop@deliciouslyella.com (the Supplier or us or we).

 

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods via the Website, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. Please also note in particular that, when you purchase any Goods which are part of and accessed through the ‘Brands we love’ section of the Website and not ‘Our Products’ section of the Website, you are in essence purchasing them from the respective third party retailer(s) named on the Website. We are acting as undisclosed agent on behalf of all those third party retailers. We are authorised by the respective third party retailer(s) to conclude the sale contract for such Goods in our own name but on their behalf. For more information on the terms and conditions of such sale contract upon which you purchase such Goods, which are in essence these Terms and Conditions subject to some necessary variations reflecting that those third party retailers (and not us) have ultimate responsibility and liability for such Goods and when you have to communicate directly with such third party retailers (instead of us) and how you are otherwise differently affected, please contact us at shop@deliciouslyella.com.

INTERPRETATION

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
4. Contract means the legally binding agreement between you and us for the supply of the Goods.
5. Delivery Location means the Customer’s premises or other location where the Goods are to be supplied, as set out in the Order.
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.
10. Website means our website www.deliciouslyella.com on which the Goods are advertised.

GOODS

11. The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. For information on product allergens, please see individual product pages. For more information on our recent peanut allergen update, please click here.
13. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Goods which appear on the Website are subject to availability.
15. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

PERSONAL INFORMATION

15. We retain and use all information received from you via the Website strictly under and in accordance with the Privacy Policy.
16. We may contact you by using email or other electronic communication methods, by pre-paid post and you expressly agree to this.

BASIS OF SALE

17. The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered via the Website only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate, and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email or any other Durable Medium with all necessary information confirming the Order in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. No variation of the Contract, whether about the description, quantity or type of the Goods, the price of the Goods, other related charges or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

PRICE AND PAYMENT

21. The price of the Goods and any additional delivery or other charges are those that are set out on the Website at the date of the Order, or such other price and/or charges as we may agree in writing.
22. Prices and charges include VAT at the rate applicable at the time of the Order.
23. You must pay by submitting your credit or debit card details with your Order, and we will take payment immediately.

DELIVERY

24. We will deliver the Goods, to the Delivery Location, by the agreed date or within the agreed period or, in the absence of any such agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
25. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
26. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
27. after we have failed to deliver the Goods on time, you have specified a later date or period for delivery of the Goods which is appropriate to the circumstances and we have not delivered within that period.
28. If you elect to treat the Contract at an end for our failure to deliver the Goods on time, you must email us at shop@deliciouslyella.com without delay and we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you are entitled to treat the Contract at an end due to our failure to deliver the Goods on time, but do not elect do so as set out above, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We generally deliver to addresses within England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above delivery provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

RISK AND TITLE

33. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
34. You do not own the Goods until we have received payment in full for the Goods.

WITHDRAWAL, RETURNS AND CANCELLATION

35. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
36. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
37. goods that are made to your specifications or are clearly personalised; or
38. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
40. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; or
41. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

RIGHT TO CANCEL

38. Except as otherwise expressly stated in these Terms and Conditions, you can cancel the Contract within 14 days without giving any reason.
39. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
40. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent to us by post or preferably an email to shop@deliciouslyella.com). In any event, you must be able to show clear evidence of when the cancellation was made.
41. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel to us before the cancellation period has expired.

EFFECTS OF CANCELLATION IN THE CANCELLATION PERIOD

42. Except as set out in the related provisions below, if you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

DEDUCTION FOR GOODS SUPPLIED

43. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

TIMING OF REIMBURSEMENT

44. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
45. 14 days after the day we receive back from you the Goods supplied, or
46. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
47. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
48. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

RETURNING GOODS

47. If you have received Goods in connection with the Contract which you have cancelled, you must email us at shop@deliciouslyella.com without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
48. For the purposes of these Cancellation Rights, these words have the following meanings:
49. distance contract means a contract concluded between a trader and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; and
50. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a Consumer and the Consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

CONFORMITY

49. We have are under a legal duty to supply Goods that are in conformity with the Contract. See below for a summary of your key legal rights in relation to the Goods. These legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms and Conditions will affect your legal rights.
50. The Goods must:
51. be of satisfactory quality;
52. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
53. conform to their description.
54. During the expected lifespan of the Goods, your legal rights entitle you to the following:
55. up to 30 days: if the Goods are faulty (i.e. not in conformity with the Contract), then you can get an immediate full refund;
56. up to 6 months: if the Goods cannot be repaired or replaced and/or are still not in conformity with the Contract once repaired or replaced, then you are entitled to a full refund, in most cases; and
57. up to 6 years: if the Goods do not last a reasonable length of time, you may be entitled to some money back.

See also the Cancellation Rights provided for in these Terms and Conditions above.

52. If you wish to exercise your legal rights to reject the Goods (or the Goods as repaired or replaced) for non-conformity with the Contract:
53. you must email us at shop@deliciouslyella.com without delay; and
54. you must return the Goods to us or allow us to collect them from you and, if the Goods are not in conformity with the Contract, we will pay the costs of this, otherwise you will pay such costs.
55. If you are entitled to exercise your legal rights to reject the Goods (or the Goods as repaired or replaced) for non-conformity with the Contract, you can (in addition to any other remedies) treat the Contract at an end. If you elect to treat the Contract at an end for our failure to deliver the Goods on time:
56. you must email us at shop@deliciouslyella.com without delay; and
57. we will (in addition to other remedies) promptly refund you in accordance with your applicable legal rights set out above.

SUCCESSORS AND OUR SUB-CONTRACTORS

54. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

55. In the event of any failure by a party because of something beyond its reasonable control:
56. the party will advise the other party as soon as reasonably practicable; and
57. the party’s obligations will be suspended so far as is reasonable, provided that such party acts reasonably, and the party will not be liable for any failure to perform its obligations which it could not reasonably avoid, but this will not affect the Customer’s entitlement to treat the Contract at an end due to the Supplier’s failure to deliver the Goods on time as set out in these Terms and Conditions above.

EXCLUDING LIABILITY

56. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, e.g. if you discussed it with us during the sales process.
57. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as set out in the conformity provisions above; and for defective products under the Consumer Protection Act 1987.
58. We are not liable for business losses. We only supply the Goods to Consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other business losses (except for any liability to you where it would be unlawful to exclude or limit it).

THIRD PARTY RIGHTS, SEVERANCE AND NO WAIVER

59. The Contract is between you and us. No other person shall have any rights to enforce any of its terms (including these Terms and Conditions).
60. Each of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
61. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

GOVERNING LAW, JURISDICTION AND COMPLAINTS

62. The Contract (including any related non-contractual matters) is governed by the law of England and Wales.
63. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
64. We try to avoid any dispute, so we deal with complaints in the following way: If for whatever reason you are not happy, please contact us using shop@deliciouslyella.com. We will respond to you as soon as possible (normally within 1-2 business days).

 

SELF SERVE TERMS & CONDITIONS

These Terms apply when you sign up your organisation or any team, team members or employees in your organisation or engage in any similar action in respect of any other individuals while in the course of work or in any other business or enterprise capacity, context or environment to use our Services.

 

These Terms (Agreement) constitute a legal agreement between:  (i) the organisation on whose behalf the person who has signed up the organisation or any team, team members or employees in the organisation is acting; or (ii) the person engaging in any similar action in respect of any other individuals (as applicable the Client) and Deliciously Ella Ltd Registered in England & Wales. Company number 08519077. Registered office 1 Vincent Square, London, United Kingdom, SW1P 2PN (Deliciously Ella, us or we). By (as applicable):  (i) signing up the organisation on whose behalf the person is acting or any team, team members or employees in the organisation, the Client is hereby warranting that it has full power and authority to carry out the actions contemplated under the Agreement and that the person acting on the organisation’s behalf in signing up the organisation or any team, team members or employees in the organisation has the authority and has received all necessary authorisations and permissions to do so; and (ii) engaging in any similar action in respect of any other individuals, the Client warrants that it has full power and authority to carry out the actions contemplated under the Agreement (and as necessary procure that all of the individuals in question do so as well) and that has the authority and has received all necessary authorisations and permissions from all of the individuals in question to do so. This Agreement sets out the terms under which the Client and all individuals signed up by or on behalf of the Client to use our Services will access our Services.

 

Any and all individuals who access our App, our Webshop or any of our other Services via our Website (Users) (combined called the Platform) enter into our Website Terms of Use above and our Privacy & Cookie Policy available on our Website directly with Deliciously Ella. Amongst other things, our Website Terms of Use and our Privacy & Cookie Policy give Users assurances about how we will use the data (both personal data and otherwise) relating to their use of our Services.

In the event of inconsistency between the terms of this Agreement and any Enterprise agreement or other such direct agreement with Deliciously Ella, the Enterprise agreement or other will take precedence.

AGREED TERMS

• Term
  • This Agreement commences on the date the client signed up to the Service and ends on the first of the following events:
    • the end of the Subscription Period (as defined below); or
    • termination of this Agreement under clause 6.
  • The Subscription Period shall be for one year from the Commencement Date.
  • At the end of the initial period, the Subscription Period will renew automatically for further periods of the same duration, unless the Client gives Deliciously Ella written notice, to be received no less than one month prior to the end of the current Subscription Period.

2                 Payment of the Service Fee

• In return for access to the Service the Client will pay the relevant service fee per Service Licence (the Service Fee).
• The Service Fee will be calculated on the number of licences that are taken out. We reserve the right to change the applicable Service Fee at any time, provided that any such revised Service Fee shall only take effect in the event of renewal for an additional Subscription Period in accordance with clause 1.2. We will notify you of the relevant Service Fees that will apply to any renewal of the Subscription Period in advance of the notification date set out in clause 1.2.
• The Service Fee will be calculated on the number of Users (employees) who have access to the Deliciously Ella App. All calculations are based on a 12 month basis of which date commences from the signing of this agreement. If a User (employee) leaves and as a Client you remove their access to the Platform, any remaining months may be provided to other Users who are not already on the Platform.
• The Service Fee must be paid in full in accordance with the agreed terms. We reserve the right to suspend access to the Service if payment has not made in full for the relevant period of access to the Service.
• All sums payable under this Agreement are exclusive of any applicable value added tax or other applicable sales tax, which the Client will pay in addition to the Service Fee.
• All amounts due under this Agreement shall be paid by the Client in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
• Full payment must be received when billed via credit card or other through the Self Serve site. If payment cant be taken within 30 days of being due we reserve the right to enforce the Late Payment of Commercial debts (Interest Act 1998) and claim an additional fee of 4.5% (four point five percent) above the Bank of England’s published base rate on any amounts overdue, or cancel this agreement in its entirety. Any queries must be received within 7 days of invoice date.

3                 Terms of Access to the Service

• Subject to the restrictions set out in this clause 3 and the other terms and conditions of this Agreement, Deliciously Ella grants to the Client with effect from the Effective Date and for the term of this Agreement a non-exclusive, non-transferable, limited right to access and use the Service.
• In relation to use of the Service, the Client:
  • acknowledges and agrees that any and all access to and use of the Service shall be in accordance with Deliciously Ella’s Terms of Use including the other documents referred to in them, as they are varied from time to time in accordance with their terms (together the Terms of Use), which shall be incorporated into this Agreement by reference;
  • agrees to ensure that Users comply with the Terms of Use and that it will indemnify us against any and all claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the acts and omissions of its Users (including but not limited to compliance with the Terms of Use); and
  • is responsible for making all arrangements necessary to have access to the Service.

4                 Accessing the Service

• The Service can be accessed by Users in several roles. Please note that the descriptions below are illustrative of the functionality of the Service at the date of this Agreement and that it is subject to change as the Service is modified and developed over time in accordance with our Terms of Use.
  • Employees – Users who work for the Client (whether paid or unpaid, full time, part-time as contractors or otherwise) (“Employees”)
  • Enterprise People Analytics – This is a role that gives specified Employees designated by the Client (typically the Client’s HR function) access to broader anonymized insight through the Deliciously Ella Workplace web portal. The smallest group of Employees’ insight that can be analyzed using the Enterprise People Analytics functionality is a three person team/cluster.
  • Enterprise Admin – This role is given to key Employees designated by the Client. Enterprise Admin Employees give the Client the ability to administer its Deliciously Ella account through the Deliciously Ella Workplace web portal. For instance, the Enterprise Admin Employee may, delete Employees from having assess to the App, change details or adjust billing if paying as a Self Serve customer. Though Deliciously Ella is on hand to help, we are not responsible for changes made by the Enterprise Admin Employee through the Deliciously Ella  dashboard, for instance the accidental removal of Employees, or allowing an Employee access to a role that is not appropriate.
• When an Employee leaves the Client’s business they may still have access to the App or other related services. It is the Client’s responsibility to ensure they delete Employees on the Platform departure.

5                 Our approach to Data and Privacy

• As a Client you may access through the Service both personal data and aggregated anonymised data relating to your Employees and their use of the Service. As noted above, when signing up to Deliciously Ella, all Employees agree to our Terms of Use including our Deliciously Ella Privacy & Cookie Policy available on the Deliciously Ella Website, deliciouslyella.com. This sets out the terms on which Deliciously Ella processes any data (whether personal data or otherwise) we collect from Users, or that Users provide to us. The terms of the Deliciously Ella Privacy & Cookie Policy are incorporated by reference into this Agreement.
• Deliciously Ella may provide Clients with anonymous benchmarking which measures Clients’ anonymous aggregated data against each other. This allows Clients to compare themselves with others across a variety of metrics. All Clients have the ability to opt-out of this anonymous reciprocal benchmarking. Please note that Deliciously Ella will never share any insight that names a Client without their express permission. If Clients opt-out of this benchmarking, they may limit the scope of the Service.
• By using the Service the Client consents to our processing of data as described in this Agreement (including the Deliciously Ella Privacy & Cookie Policy) and warrants that all information provided by the Client (or on its behalf) is accurate.

6                 Termination

• This Agreement may be terminated by either party:
  • if the other party is in material breach of any of its terms (including the Terms of Use) and, if remediable, such breach is not remedied within the period of twenty (30) working days after written notice of it has been given to the party in breach; or
  • if the other party becomes bankrupt, insolvent or undergoes any form of administration, liquidation, winding-up procedure, voluntary arrangement or other similar procedure.
• On termination of this Agreement for any reason, all the Client’s rights to access and use the Service shall immediately terminate.
• Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

7                 General

• No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of both parties.
• Deliciously Ella ’s liability to the Client is as set out in the Terms of Use.
• The rights provided under this Agreement are granted to the Client, and shall not without our prior written consent be considered granted to any other company that is part of the same group of companies as the Client. Except as expressly permitted under the terms of this Agreement including the Terms of Use, the Client may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement without our prior written consent.
• If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
• This Agreement and the Terms of Use, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.
• This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of, and subject to the non-exclusive jurisdiction of the courts of, England and Wales.