General Terms of Service for Devonshire
Pie Company Ltd.
Last updated: 13 July 2022
1.
Who we are
Devonshire Pie Company Ltd, 75 Princess Avenue,
Ilfracombe, Devon, EX34 9LW
Incorporated in England and Wales with registration
number: 13797856
Registered with the ICO under UK GDPR number:
ZB306693
Certified with HMRC with VAT number: GB 406 8901 90
Contact: devonpies@hotmail.com or 07437 999 911
2.
Terms of use
These General Terms of Service (the "General Terms", "Terms" or "Terms and Conditions") are a legal agreement between you the user or customer ("you" or "your") and Devonshire Pie Company Ltd (“Devonshire Pie Co.”, “we”, “us” or “our”).
Your access to and use of www.devonshirepie.com and any associated websites owned or operated by us (collectively referred to as "the Website") and Services is subject to these Terms. You must not use our Services for any purpose which is unlawful and, or not allowed by these Terms. By using our Services you are deemed to have read and accepted these Terms in full.
When you use any of our Digital Services ("Digital Services" or "Services") that refer to and are covered by these Terms (including – but not exclusively - the Website) you are entering into an agreement in relation to how you use these Services with us. If you do not agree to these Terms or you do not qualify, you must not use our Services.
We reserve the right to amend the Website and amend or waive any provision of these Terms at any time and without advance notice. Your continued use of our Services shall constitute your acceptance of these Terms and such amendments.
3. Liability
(a). The information on the Website is intended to be useful and informative and we will use reasonable care to ensure that information is accurate and up to date, but cannot guarantee this. We will not be liable for any losses or damage that you may suffer as a result of relying on the information on the Website.
(b). We make no warranty that: the functionality of the Website will be uninterrupted or error free; defects will be corrected; or the Website or its hosting servers are free of viruses or anything else which may be harmful or destructive.
(c). To the extent permitted by law, we will not be liable for any losses arising out of your use of the Website. This includes direct, indirect or consequential losses including loss of business, loss of profits and any loss of or damage to data.
(d). Except as may be implied by law, in event of any breach of these Terms by us, the remedies shall be limited to damages which shall in no circumstances exceed the price of the goods and we shall under no circumstances be liable for any indirect, incidental or consequential losses or damages.
(e). Nothing in these Terms shall be construed as seeking to exclude or limit the liability of Devonshire Pie Co. or staff for: (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
4. Links and images
Our images are for guidance only. There may be links to external websites or images on the Website, but we accept no liability for the content or accuracy of any of those sites. Our inclusion of any image or link does not indicate that we endorse or are affiliated with the website unless otherwise stated.
5. Sales and returns
(a). By purchasing or consuming, or providing for consumption any goods from us you are deemed to have read and understood our "Ingredients" webpage on the Website in full. All our goods are cooked to order and packaged after sale; therefore we label them as required by law for non-prepacked foods.
(b). We provide goods on the condition that you accept any risk and will not hold us liable (to the extent permitted by law) if our goods beyond our fair and reasonable endeavours: (i) contain allergens and, or are cross-contaminated; and (ii) are raw and, or undercooked; and (iii) contain bones and, or choking hazards.
(c). We accept payment for goods over the phone by debit or credit card, exceptions and alternative payment methods may only be accepted at our discretion. We must receive your payment in advance of our goods being provided to you. All prices are in pounds sterling and include VAT.
(d). We use payment services provided by Squareup Europe Limited ("Square Europe") and by paying for our goods by card you also agree to accept Square Europe's Privacy Policy and their General Terms of Service. We are not affiliated with Square Europe and are neither endorsed by nor endorse them. We accept no responsibility for any payment issues, losses or damage arising from third-parties.
(e). For us to honour any NHS or OAP discount we require you to provide proof of identification and evidence of your status if requested. We may decline a discount if this cannot be provided or we are not satisfied with what is provided. Offer is non-transferrable or cash redeemable. We reserve the right to limit, withdraw or change offers without notice, at any time.
(f). All our goods are perishable and do not have a cooling off period of return. You agree to inspect our goods prior to accepting them and to refuse any goods that you believe have been damaged or opened in transit.
(g). If you require us to issue you with a refund or replacement, we require if requested: our goods to be returned at your expense and be provided with satisfactory evidence that they were: (i) not as described, or (ii) not of satisfactory quality. If for any reason you are unable to demonstrate this, or return any goods received in full or in the condition they were received, we may decline or only offer a partial refund. This does not affect your statutory rights.
(h). All our goods and ingredients are at all times subject to availability and we reserve the right to decline service to any customer. We only deliver to within the United Kingdom.
6. Intellectual property
All copyright and other intellectual
property rights in the Website and its content belong exclusively to us or our
licensors. By accessing the Website, you agree that you will access the content
for your personal non-commercial use only. None of our content may be
downloaded, copied, reproduced, transmitted, stored, sold or distributed
without our prior written consent.
7. Privacy notice
(a). We acknowledge our obligations under the Data Protection Act, UK GDPR and related legislation. We will only use personal data collected in accordance with that legislation. Our full Privacy Policy can be viewed here.
(b). We may receive information about you for statistical usage, including cookie information, from third-party sites that integrate our Website. We do not take any responsibility for any losses or damage arising from third-party sites.
(c). We will use our reasonable endeavours to ensure that any personal data is kept secure but we do not accept any liability for those who intentionally attempt to gain unauthorised access to the Website.
8. General
(a). Except as expressly provided in these Terms, a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term, right or provision. This does not affect any right or remedy of the third party which exists or is available apart from that Act.
(b). These Terms contain all of the terms and conditions relating to your use of the Services. Unless otherwise specified, these Terms constitute the entire Terms between you and us with respect to the Services and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Services and the Website.
(c). If any term or provision in these Terms shall be held to be illegal or unenforceable in whole or in part including, but not limited to, the above disclaimers and liability limitations, then the illegal or unenforceable provision will be deemed to be replaced by a valid, legal, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect.
(d). Any failure by us to enforce or exercise any term or provision of these Terms, or any related right, will not constitute a waiver of any term or provision, or any right, in these Terms.
(e). These Terms are governed by English law and shall be governed by and construed in accordance with the laws of England and Wales. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.