Terms & Conditions

                                                             (including Privacy Policy)

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Terms of sale

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This information tells you the terms and conditions on which we supply any of the products listed on our website Caramella.co.uk to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.

 

These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

At checkout, please click on the check box relating to accepting the Terms and Conditions, if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

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About us

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1. Caramella.co.uk is a website operated by Caramella Limited.

2. We are registered in England and Wales under company number 9055297

3. Our registered office is 6 Marlborough Place, Brighton, East Sussex.BN1 1UB

4. Our email address is: sales@caramella.co.uk

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How the contract is formed

 

1. After placing an order, you will receive an e-mail from us confirming that your order is being processed. We will charge your credit or debit card at the time of checkout.

2. All orders are subject to acceptance by us by sending you an e-mail confirming dispatch (the Dispatch Confirmation), at which stage the contract is formed.

3. If we cannot fulfil your order for any reason, we will let you know as soon as possible and provide a full refund.

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Product, availability and delivery

 

1. Allergy Information - Manufacturers occasionally change their recipes. We frequently review manufactures recipes and update our ingredients pages on Caramella.co.uk website accordingly. If you require confirmation of the current recipes used by manufactures for any of the items/goods sold on the Caramella.co.uk website email us at: sales@caramella.co.uk prior to making any purchase or placing any orders. If products and goods are being purchased for anyone with any allergy conditions, please refer to the relevant page on the Caramella.co.uk website where you will find a list of ingredients and allergens. If, you are considering buying products/goods from the Caramella.co.uk website for any person or persons who may have a nut or peanut allergy you should not proceed with your purchase as goods may be manufactured in environments where nuts or peanuts are present. Caramella Ltd is not liable for any allergic reactions caused as a result of eating or touching any products or goods sold on the Caramella.co.uk website.

2. We aim to dispatch your order within 24 hours. Orders received on a Saturday or Sunday may not be dispatched until Monday.

3. Orders received on a Bank Holiday may not be dispatched until the next working day.

4. All descriptions and are those of the original manufactures and are intended to give a general description of the goods.

5. The weight to be shipped includes the weight of packaging for the goods.

6. Product images are for illustrative purposes only, and whilst representative of the product exact packaging detail may vary from time to time, subject to changes by the manufacturer.

7. Product images remain the property of Caramella Limited and are not to be used, published, copied or distributed without the prior written approval of Caramella Limited.

8. We use third-party courier and postal companies for the delivery of orders. Any/all delivery times shown on the Caramella.co.uk website are estimated delivery times only. Delivery times may vary under certain circumstances and times of year.

9. When purchasing confectionery this is done at your own risk.

10. All orders including chocolate and confectionery are sent via courier or postal services and are not sent in chilled packaging and do not use refrigerated transport so please bear this in mind during warmer conditions. Carmella Limited is not liable for any damage to goods caused by hot weather during transportation.

11. If your order is returned to us due to an incorrect delivery address being provided or the courier/Royal Mail has not been able to deliver the order due to the non-availability of a recipient, you are liable to cover the cost of resending the order should you wish to do so. If you choose not to resend your order after it’s been returned to us, we will refund you the value of the goods purchased, excluding the original postage charge, minus any costs incurred in returning the delivery to Caramella Limited.

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Risk and title

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1. The Products will be at your risk from the time of delivery.

2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

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Price and payment

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1. Prices are liable to change at any time. Any price change will be updated on Caramella.co.uk website.

2. If we have made a pricing error by displaying a lower price than the correct price, we are under no obligation to provide the product to you at the incorrect (lower) price. We will contact you for instruction before dispatch to establish if you wish to (a) cancel the order (b) proceed with the order at the correct price.

3. If we have incorrectly displayed a higher price, we will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card.

4. We will charge your credit or debit card at the time of checkout.

5. Prices include VAT.

6. All payments will be transacted in pounds sterling (GBP). Caramella Limited is not responsible for any currency conversion fees that may be charged to the buyer by the credit/debit card provider at the point of authorisation of your credit/debit card.

 

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Refunds & Returns

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1. Due to the nature of the goods sold on the Caramella.co.uk website no refunds can be given apart from where items are un-delivered or delivered in a damaged condition and are not able to be used for the intention for which they have been supplied.

2. If your order arrives damaged, please do not dispose of the package. Please photograph the package and email us so we can resolve any issues as quickly as possible.

 

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Our liability

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1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

3. We are not responsible for indirect or consequential losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, emotional distress waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

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Written communications

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

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Notices

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1. All notices given by you to us must be given to Caramella.co.uk via email to sales@caramella.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified within these terms and conditions. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

 

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Transfer of Rights and Obligations

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1. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

2. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

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Events outside our control

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1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following

   1. Strikes, lock-outs or other industrial action;

   2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

   3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;

   4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

   5. Impossibility of the use of public or private telecommunications networks;

   6. The acts, decrees, legislation, regulations or restrictions of any government.

3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

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Waiver

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1. If we fail to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notice and Witten Communications clauses of these terms and conditions.

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Severability

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

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Entire agreement

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1. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

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Our right to vary these terms and conditions

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1. We may revise and amend these terms and conditions from time to time.

2. You will be subject to the policies and terms and conditions in force at the time that you order products from us.

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Law and jurisdiction

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1. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

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Website terms of use

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1. These terms and conditions apply to your general use of this website www.Caramella.co.uk and any e-mail correspondence between us and you.

2. Your use of the website indicates your acceptance of these terms, which are issued by Caramella Limited.

3. If you do not agree with any of these terms and conditions, you do not have permission to continue using the website and should leave it immediately. The use of your data is governed by our Privacy Policy.

4. Your purchase of products from this website is governed by our Sale Terms.

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Your use of this website

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1. You must not use this website inappropriately or in contravention of any laws. In particular you agree not to distribute, upload or publish any material or files that might:

1. be considered defamatory, inaccurate, threatening, offensive, indecent or calculated to incite hatred;

2. constitute a breach of confidence, infringe copyright or any other intellectual property right, privacy or any other right of a third party; or

3. contain viruses or other harmful features, programs or devices.

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   2. You are responsible for the accuracy of any information you submit to the website.

   3. Any information you provide to us is in accordance with the terms of our Privacy                    Policy.

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Passwords

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1. You agree to keep any password used on this website confidential. You agree that we will not be responsible for any activity on this site resulting from a third-party gaining access to your password.

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Intellectual property

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1. All web site design, text, photography, graphics and their selection and arrangement, unless otherwise indicated, are Copyright © Caramella.co.uk, all rights reserved.

2. Trademarks used on this web site are the property of their respective owners. These trademarks are protected by law and you may not use these trademarks.

3. You are not permitted to use any of our copyrighted material or trademarks in any way. If you do so without our written consent, we will have a right of action against you in law for copyright and/or trademark infringement and you must remove such material with immediate effect.

4. You are not permitted to modify the content of this website in any way.

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Links

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1. Any links from this website to other sites are provided solely for your convenience. We are not responsible for the direct or indirect consequences of you linking to any other web site. We are not responsible for and have no control over the content of any external sites, and the provision of a link is not an endorsement of any other site or its contents.

2. You may only create a link to this website on the basis that you link to the homepage and on the condition that you do not imply that we are endorsing any products or services other than our own, that you do not misrepresent your relationship with us or present any false information, you do not use any trade marks displayed on the Website without their owners' express written permission, and your website does not contain material which is distasteful, offensive or infringes any rights of any person.

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Alterations

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1. We may alter this site and these terms, conditions and disclaimers at any time.

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Disclaimer

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1. We do not make any representation or give any warranty or other assurance (and all such warranties, terms and representations that might otherwise apply by operation of law, practice or otherwise are hereby excluded to the fullest extent permitted) as to:

   1. the operation, quality, timeliness, reliability, usefulness or functionality of this website or any information on this website;

   2. the availability of this website. Access to this Website may be interrupted, restricted or delayed for any reason and at any time (for example, to enable changes to be made);

   3. the compatibility or performance of this website with (or its effect on) your computer equipment;

   4. this website being free from errors, defects, viruses or other harmful features, programs or devices;

   5. the accuracy, completeness, suitability, timeliness or fitness for any particular purpose of any content on this website or accessed through a link on this website.

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Limitation of liability

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1. We are not liable for and disclaim to the fullest extent permissible under any applicable law all liability and responsibility in connection with the use, inability to use or the results of use of this website for any amount or kind of loss, damage, expenses, costs or liability that you or any third party may suffer, including without limitation any direct, indirect, punitive, special or consequential loss or damage or any loss of income, profits, anticipated savings, goodwill or data whether arising in tort, contract, operation of law or otherwise. This limitation does not apply to your purchase of products via this website, which is governed by our Sale Terms.

2. If any of these terms and conditions would otherwise be held invalid, the invalid term or condition shall be interpreted as applicable only to the extent permitted without being invalid and the remainder of the terms and conditions shall not be affected.

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Governing law

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1. These terms and this disclaimer and any claim based on use of information from this web site shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England.

 

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Privacy policy

Your Data

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1. You can access our home page and browse our site without disclosing personal information.

2. By submitting Personal Data to us you accept that we may process your Personal Data in accordance with Caramella.co.uk 's Privacy Policy.

3. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to our collecting such personal information and using it for that specific reason only.

4. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

5. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to collect information about how our customers use this site. This is statistical data about our users' browsing actions and patterns and does not identify any individual.

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Our use of your data

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1. Caramella.co.uk is committed to integrity and professionalism in all areas of its services and therefore we take our obligations under the Data Protection Act 1998 (the "Act") very seriously. We will use reasonable endeavours to protect your privacy and ensure that Personal Data (as defined in the Act) is used only for the purposes below.

2. In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets, that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy.

3. We undertake not to provide your Personal Data to third parties save in accordance with this policy.

4. We undertake to take reasonable steps, including the implementation of security policies, rules and technical measures, necessary to protect the Personal Data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

5. Although we will do our best to protect your data, transmission of data over the internet is not completely secure. We cannot guarantee the security of data transmitted to our site, and any transmission is at your own risk. Once we have received your data we will use strict procedures and security features to try and prevent unauthorised access.

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Your rights

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1. You may ask us whether we are storing personal information about you by emailing us at sales@caramella.co.uk and if you wish we will provide you with a copy of the Personal Data we hold about you via email. For your protection we may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if your identity is not established to our satisfaction.

2. We reserve the right to make changes to this Privacy Policy at any time. Changes will be set out here so that you always know how we will use the Personal Data that you give us, and to whom we might disclose it.

3. If you have any enquiry or concern about our privacy policy or the way in which we are handling personal data please contact sales@caramella.co.uk

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