Terms & Conditions

1. Introduction

1.1 The Fudge Man, Steve Timms (referred to henceforth as us, our, and we) is a sole trader operating from 23 Queens Gardens, Dover, Kent, CT17 9AH

1.2 The Fudge Man owns and operates this website.

1.3 These terms and conditions (“T&Cs”) comprise a contract between you and us governing your use of this website. If you are a consumer your statutory rights are not affected by this agreement.

1.4 References to “goods” in these T&Cs include “services”. Headings are for information only and are not binding.

1.5 We may update these T&Cs from time to time.

1.6 If you do not wish to accept the T&Cs you should not continue to use the site. Your use of the website indicates your agreement to be bound by the new T&Cs.

2. Registration

2.1 You must be 18 years to register on this website. You must supply us with correct information on registration and promptly notify us of any changes.

2.2 We may at our discretion suspend or terminate your registration or use of this site without notice and without giving reasons.

3. Your order

3.2 Please check your order carefully to ensure it is correct. You agree to supply us with correct information including delivery address and to notify us of any changes.

3.3 You acknowledge that you are over 18 years and have carefully read and accepted the price (including delivery charge), description and other information concerning the goods ordered.

4. Acceptance

4.1 We reserve the right not to accept your order and your credit card will not be charged until despatch.

5. Information on this website

5.1 Whilst we make the upmost effort to ensure accurate and reliable information, we do not guarantee the accuracy of the all information on the website

5.2 If you inform us of any inaccuracies on the website, we will attempt to correct them as soon as we reasonably can.

6 . Payment and price

6.1 Payment is by credit/debit via PayPal. By placing an order you are also bound by PayPal’s Terms and Conditions. Your order will only be processed if your payment is authorised.

6.2 The price for the goods you order is stated on our website. The price of goods may be changed at any time unless your order has been accepted (see below).

6.3 Delivery is charged extra at the rate specified when you place your order. A separate delivery charge will apply to each order except where an order already exists by the same customer in the same delivery slot.

6.4 All prices quoted on this website are quoted in pounds sterling (GBP)

7. Unavailability

7.1 We cannot be held responsible if any goods are unavailable due to circumstances beyond our reasonable control. If so, you will be notified as soon as possible and offered alternatives if available.

8. Delivery

8.1 Delivery will be made to the address which you specify when ordering.

8.2 You must be present to receive the delivery during the delivery time slot which you specify. If no one is home:

8.2.1 Royal Mail will leave a card at the delivery address with instructions on how to collect your delivery.

8.3 If you discover that any goods are missing or damaged, you must notify us immediately

8.4 Risk of damage or loss to the goods (including deterioration of fresh foods) passes to you on delivery or if delivery is attempted but you are not present to accept delivery or wrongfully refuse delivery or if an incorrect address is supplied.

8.6 If delivery at the requested time or date is not feasible, we will contact you as soon as practicable to re-arrange. We will not be held responsible for any delay in delivery resulting from circumstances beyond reasonable control such as adverse weather or traffic delays. Our liability for late delivery is limited to the price payable for the goods.

8.6.1 In the event of couriers suspending guaranteed next day delivery due to extreme weather conditions:

9. Use

9.1 The goods are supplied for personal and not commercial use. They may not be re-sold.

10. Right to cancel – perishable goods

10.1 We will offer refunds for perishable goods delivered after 48 hours when a claim for defective goods is submitted and we have assessed the claim.

11. Ownership

11.1 Property (ie ownership) of the goods shall not pass to you before we have received cleared payment.

12. Links to other sites

12.1 On this website you may be offered links to other sites which we hope will be of interest. However, we have no control over such sites and do not endorse them. You agree that we are not responsible for the availability or content of, or goods or services available on, those websites.

13. Intellectual property rights

13.1 The content of our website including without limitation all information, software, data, text, photographs, graphics, sound and video are protected by copyright, trade marks, service marks, patents or other proprietary rights.

13.2 Except insofar as expressly permitted in these terms and conditions, the content of this website may not be retrieved, displayed, modified, copied, printed, downloaded, sold, hired, reverse engineered or transmitted in any way without our prior written consent.

13.3 You may retrieve and display the content on this website for your personal and non-commercial use only and in connection with any actual or proposed order by you on this website.

13.4 You may not link to this website or include this website in part or in whole within another external website without prior written permission.

14. Data protection

14.1 Personal information collected from you is subject to our privacy policy .

15. Disclaimers

15.1 Without prejudice to rest of these T&Cs, our liability of any kind including breach of contract, tort (including negligence) or otherwise with respect to this website or any goods purchased via this website shall be limited to the amount of any order to which the claim relates.

15.3 In no event (including our own negligence) will we be liable for any:

15.3.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

15.3.2 loss of goodwill or reputation;

15.3.3 special, indirect or consequential losses; or

15.3.4 damage to or loss of data
(even if we have been advised of the possibility of such losses) with respect to this website.

16. General

16.1 These T&Cs constitute the entire agreement between you and us in connection with the use of this website. Any failure by us to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. If any part of this agreement is deemed ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement save in relation to paragraph 9.1.

17. Force majeure

17.1 We are not liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control

18. Law and jurisdiction

18.1 This contract shall be governed by the laws of England & Wales and the parties submit to the exclusive jurisdiction of the English courts.

Date: 16/12/2012
Version: 1.1