Terms & Conditions

Background:

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

1. Definition and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1. “Contract” - means a contract for the purchase and sale of Goods, as explained in Clause 8;
2. Dispatch Confirmation” - means our acceptance and confirmation of your Order;
3. “Goods” - means the goods sold by us through our website;
4. “Order” - means your order for Goods;
5. “We/Us/Our” - means Tipsy Truffles Ltd, Ledwyche Farm, Bleathwood, Ludlow, Herefordshire, SY8 4LF, United Kingdom. Registered in England and Wales under company number 14290474.

1.2 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

1.3 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

2. Information About Us

2.1 Our website, www.tipsytruffles.co.uk is owned and operated by Tipsy Truffles Ltd.

3. Access to and Use of Our Site

3.1 Access to our site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access our website.

3.3 Access to our website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our site (or any part of it) at any time and without notice. We will not be liable to you in any way if our site (or any part of it) is unavailable at any time and for any period.

4. Age Restrictions

Consumers may only purchase Goods containing alcohol through our site if they are at least 18 years of age.

5. Intellectual Property

These Terms and Conditions, all content included on our site, unless, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property. By continuing to use our site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our site without written permission from our authorised representative.

6. International Customers

At this time, we are only able to ship to UK addresses. Please see our Delivery Policy here for precise details.
And solely accept GBP currency.

6.1 If you live outside the UK and would like to purchase some of our delicous chocolate or confections, please contact us BEFORE attempting to use the the online store. Send and email detailing your requirements etc to sales@tipsytruffles.co.uk

7. Prices & Availability of Goods:

We offer for sale, via our website, handmade chocolate and confections, in various flavours and quantities.

7.1 We also may, from time to time, attend external events, such as fairs or food markets (but not limited to) where we may offer tasters of our goods or even sell whole good direct to those attending the event. Pricing at external events may differ from items shown on our website.

7.2 We also offer facilities for Weddings/Party’s, particularly (but not limited to) Wedding Favours, supplied in suitably decorative home-made containers. ALL Wedding/Party Favours are priced per order/occasion and not shown on our website. Terms & Conditions may vary too. Please contact us on sales@tipsytruffles.co.uk for more information/prices etc.

7.3 Our chocolate and confections prices are quoted on our website.

7.4 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT where applicable.

7.4.1 If the VAT rate changes between your Order being placed and us taking payment, we reserve the right to adjust the the amount of VAT payable.
7.4.2 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

7.5 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

7.6 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from our websites correspond to the actual Goods. Please note, however, the following:

7.6.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.6.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

7.7 Please note that sub-Clause 7.4 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).

7.8 It is possible that prices on the website may be incorrectly quoted, even though we take all reasonable efforts to make sure they they are correct at the time of going online.
7.8.1 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
7.8.2 Changes in price will not affect any order that you have already placed; accordingly,
7.8.3 We will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

8. Order process - How Contracts are formed

8.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

8.2 No Contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 8.

8.3 To enter into a contract through our website to purchase Goods from us, the following steps must be taken:

1. you must add the Goods you wish to purchase to your shopping cart, and then proceed to the checkout;
2. if you are a new customer, you must then create an account with us and log in;
3. or you can checkout as a Guest;
4. if you are an existing customer, you must enter your login details;
5. once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
6. you will be transferred to our payment service provider's website, and our payment service provider will handle your payment;
7. we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

8.4 You will have the opportunity to identify and correct input errors prior to making your order:

1. by clicking the shopping cart link and changing the contents of your basket/cart - increase or decrease the number of items you want and click the blue update button;
2. or by using the shopping cart link to remove the item/s you do not want to order from the shopping cart - clcik the red remove item button

8.5 All Wedding Favour (or related services) will be at negotiated rates/delivery times/locations and per occassion Contracts will be formed independent of our online store with the purchaser/organiser.

9. Payment

Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. We accept the following methods of payment on our website:

• PayPal Account
• Debit Card (via PayPal)
• Credit Card (via PayPal)

PayPal will handle all card details and you must refer to their website for their terms & Conditions, Pricy & Cookie Policies.

9.1 ALL payment for Wedding Favours (or related services) will be via Invoice issued on a per occassion basis, in agreement with the specific terms agreed with the purchaser/organiser for the Wedding.

10. Distance contracts: cancellation right

10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. If you wish to make a claim for a refund, repair or replacement, You are required to provide clear and satisfactory photographic evidence of the fault, damage or error or return the order to us. Failure to do so may result in the rejection of any claim you are making regarding faulty, damaged or incorrect Goods.

10.2 ALL Tipsy Truffles chocolate and confections goods are made to order solely for you and are deemed perishable under Distance Contract laws. Accordingly, once an order has been placed and accepted by Us, we cannot cancel it it or refund your payment(s).

11. Our Liability to Consumers

11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.3 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

12 Events Outside of Our Control (Force Majeure)

12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

12.2 If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
12.2.4 If the event outside of Our control continues for more than 28 days We will cancel the Contract and inform you of the cancellation Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
12.2.5 If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
12.2.6 If the contract is cancelled by you or by Us under this Clause, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).

13 Communication and Contact Details

13.1 If you wish to contact us with general questions, complaints or matters relating to your order or Goods, you may contact us by telephone at 01584 711712, by email at help@tipsytruffles.co.uk, or by post at Tipsy Truffles Ltd, Ledwyche Farm, Bleathwood, Ludlow, SY8 4LF.

14. Complaints and Feedback

14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

14.2 If you wish to complain about any aspect of your dealings with Us, please contact us in one of the following ways:

14.2.1 In writing, addressed to Tipsy Truffles Ltd, Ledwyche Farm, Bleathwood, Ludlow, SY8 4LF;
14.2.2 By email, addressed to help@tipsytruffles.co.uk
14.2.4 By contacting Us by telephone on 01584 711712

15. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may collect (including, but not limited to, your name, address, email address, recipient details and telephone number) will be collected, used and held in accordance with the provisions of applicable data protection legislation and in accordance with our Privacy Policy ???? here.

15.2 As further described in the Privacy Policy we may use your personal information to:

15.2.1 Provide Our Goods and services to you;
15.2.2 To organise and facilitate the supply of our Goods and services to you;
15.2.3 Process your Order (including payment) for the Goods; and
15.2.4 Inform you of new products and/or services (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.

16. Use of Our Site

16.1 You may not use Our Site for any of the following purposes:

16.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
16.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
16.1.3 interfering with any other person’s use or enjoyment of Our Site; or
16.1.4 making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission

16.2 You will be responsible for Our losses and costs resulting from your breach of clause 16.1.

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

16.4 Our Site must not be framed on any other website.

16.5 Our Site provides links to other websites for your information. If you use these links, you will be redirected away from our website. We therefore do not endorse or make any representations about third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked via Our Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.

16.6 When you use Our Site, you'll see that We offer you recommendations, showing Goods we think you might like. These are based on your past purchases, top sellers, ratings and recently-viewed Goods. We determine your interests and suggest new Goods you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant Goods.

17. Other Important Terms

17.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions and the suspension or cancellation of your registration and your right to use Our Site shall not affect either party’s statutory rights or liabilities.

17.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

17.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

17.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

17.5 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.

17.6 Nothing said by any sales person on Our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

18. Law and Jurisdiction

18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

18.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, the Goods or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Last updated: 26 March 2024