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Terms & Conditions

APPLICATION

1. These Terms and Conditions will apply to the purchase of any goods from the Website by you (the Customer or you). 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. 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.

13. All Goods which appear on the Website are subject to availability.

14. 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:

a. 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
b. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. 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:

a. goods that are made to your specifications or are clearly personalised; or
b. goods which are liable to deteriorate or expire rapidly.

37. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. 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
b. 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:

a. 14 days after the day we receive back from you the Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

45. 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.

46. 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:

a. 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
b. 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:

a. be of satisfactory quality;
b. 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
c. conform to their description.

51. During the expected lifespan of the Goods, your legal rights entitle you to the following:

a. 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;
b. 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
c. 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:

a. you must email us at shop@deliciouslyella.com without delay; and
b. 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.

53. 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:

a. you must email us at shop@deliciouslyella.com without delay; and
b. 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:

a. the party will advise the other party as soon as reasonably practicable; and
b. 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).