Terms And Conditions

Important legal notice

This legal notice applies to the entire contents of this website under the domain name and to any correspondence by e-mail between us and you. Please read these terms carefully before using this website.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you don’t accept these terms, please don’t use this website.

This website is for use by consumers over the age of 18 years only.

This notice is issued by Pukka Pies Limited.

Definitions

The following words and expressions will have the following meanings, unless the context otherwise requires:

  • “Commercial Gain” includes, without limitation: using the website as part of advertising which may result in revenue generation or personal gain, selling goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, com mercially exploiting or duplicating any element of this website whatsoever;
  • “The Company” means Pukka Pies Limited, a company registered in England and Wales with registration number 01008747 and whose registered office is at The Halfcroft, Syston, Leicester, LE7 1LD;
  •  “goods” means those products available for purchase via the website by consumers;
  •  “website” refers to this site, pukka-pies.co.uk.

1. Introduction

1.1 You may access most areas of this website without registering your details with us.

1.2 By accessing any part of this website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this website immediately.

1.3 The Company may revise this legal notice at any time by updating this posting. You should check this website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this website.

2. Consumer information

If you order goods from the website, you need to be aware of the following information:

2.1 all goods are supplied by the Company;

2.2 descriptions, prices and delivery costs of the goods are available on the website and viewing such information does not place any obligation whatsoever on you to place an order with the Company;

2.3 payment for the goods is made either via the website when the order is placed, or via telephone by calling 0116 264 40 04 using one of the following methods of payment: Delta, Mastercard, Visa, Maestro or Solo;

2.4 whilst the Company endeavours to have goods delivered within 96 hours of order placement, in the event the Company does not have your goods in stock at the time of such order delivery may be extended up to 5 weeks. Where delivery is likely to be in excess of 5 weeks the Company will notify you of the likely period of delay;

2.5 under the Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel any orders for any reason by issuing the Company with a notice of cancellation in writing within 7 working days of receipt of the goods quoting your order number. This does not apply to items personalised or made to your specification. You must take reasonable care of the goods whilst they are in your possession and must not use them prior to returning them to the Company. Any goods returned must be in the original packaging in the condition in which you received them;

2.6 in the event you cancel an order in accordance with clause 2.5 above then the Company shall reimburse you for the price paid for the goods as soon as reasonably practicable, and in any event no later than 30 days from the Company’s receipt of your notice of cancellation;

2.7 the Customer may cancel the contract in the event that the Company is in breach of any of its express or implied obligations under the contract including the provision of faulty goods;

2.8 unless otherwise specified, the materials on this website are directed solely at those who access this website from the United Kingdom. The Company makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable; and

2.9 in the event that the goods you order are not available, the Company shall not substitute goods but shall notify you that your order shall not be processed and any money already paid to the Company shall be refunded.

3. Licence

3.1 You are permitted to print and download extracts from this website for your own use on the following basis:

  • (a) no documents or related graphics on this website are modified in any way;
  • (b) no graphics on this website are used separately from accompanying text; and
  • (c) the Company’s copyright and trade mark notices and this permission notice appear in all copies.

3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this website other than in accordance with paragraph 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

3.3 Subject to paragraph 3.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

3.4 Any rights not expressly granted in these terms are reserved.

3.5 You must not visit or use the website for the purposes of Commercial Gain.

4. Service access

4.1 While the Company endeavours to ensure that this website is normally available 24 hours a day, the Company shall not be liable if for any reason the website is unavailable at any time or for any period.

4.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

5. Visitor material conduct

5.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2 You are prohibited from posting or transmitting to or from this website any material:

  • (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  • (b) for which you have not obtained all necessary licences and/or approvals; or
  • (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  • (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3 You may not misuse the website (including, without limitation, by hacking).

5.4 The website contains robot exclusion headers. Third parties may license information on the website to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the website without the prior expressed written permission of the Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website. We do not authorise you to extract or re-utilise substantial parts of our website, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our website.

5.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 5.2, paragraph 5.3 or paragraph 5.4.

6. Links to and from other websites

6.1 Any links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, 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 to this website, you do so entirely at your own risk.

7. Information contained on the website

7.1 While the Company endeavours to ensure that the information on this website is correct, the Company does not warrant the accuracy and completeness of the material on this website. The Company may make changes to the material on this website, or to the goods and prices described in it, at any time without notice. The material on this website may be out of date, and the Company makes no commitment to update such material. For the avoidance of doubt this clause 7.1 does not affect your statutory rights as a consumer.

7.2 The material on this website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extended permitted by law, the Company provides you with this website on the basis that the Company excludes all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this website.

8. Liability

8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:

  • (a) death or personal injury caused by the Company’s negligence; or
  • (b) fraudulent misrepresentation; or
  • (c) any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.

8.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

The website is operated by;

Pukka Pies Limited
The Halfcroft
Syston
Leicester
LE7 1LD

Registered Company No.: 01008747

VAT No.: 113 7552 87

Terms and conditions of sale

1. Definitions

1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:

  • “the Company” means Pukka Pies Limited a company registered in England and Wales with registration number 01008747 whose registered office is at The Halfcroft, Syston, Leicester, LE7 1LD;
  • “Contract” means any agreement for the sale and purchase of goods which is entered into between the Company and the Customer;
  • “the Customer” means the individual which has accepted these Terms;
  • “Email Confirmation” means the confirmation from the Company to the Customer acknowledging the Customer’s order and also comprising a description of the goods, the price paid for the goods, the delivery costs (where appropriate) and the estimated delivery time for the goods;
  • “goods” mean those products ordered by the Customer to be supplied by the Company pursuant to these Terms;
  • “Notice of Cancellation” means the notice from the Customer either in writing to Pukka Pies Limited, The Halfcroft, Syston, Leicester LE7 1LD, by email to info@pukkapies.co.uk or via telephone on 0116 264 40 04 to the Company informing the Company that the Customer wishes to cancel the Contract;
  • “Terms” means these terms and conditions;
  • “website” means www.pukka-pies.co.uk

1.2 In these terms

  • 1.2.1 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other gender;
  • 1.2.2 headings are for reference only and do not affect the meaning or interpretation of these Terms;
  • 1.2.3 references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
  • 1.2.4 any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).

2. Basis of contract

2.1 These Terms shall apply to the sale by the Company of all goods purchased by the Customer via the website or telephone and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Customer. For the avoidance of doubt these Terms do not affect the Customer’s statutory rights under all relevant consumer protection legislation.

2.2 The check-out stage sets out the final details of your order. Following this point the Company shall send to the Customer an Email Confirmation.

2.3 Acceptance of the order and completion of the Contract shall take place on the date of despatch of the goods to the Customer by the Company.

2.4 The Customer shall take responsibility for retaining a copy of the Email Confirmation received in accordance with clause 2.2 above.

3. Payment

3.1 Payment shall be made on the placing of an order by the Customer. The Company shall carry out the necessary card verification processes and check availability of the goods on receipt of the order from the Customer. In the event that the Company is unable to supply the goods for any reason, the Customer shall be informed as soon as possible and a full refund shall be given if payment has already been made.

3.2 The price to be paid by the Customer is the price displayed on the website at the time when the order is received by the Company.

3.3 In the event that the Company discovers an error in the price of the goods ordered by the Customer, the Company shall notify the Customer as soon as possible providing the Customer the option of either reconfirming the order at the correct price or cancelling the order. If the Company is unable to contact the Customer for the purposes of this clause 3.3, the order shall be deemed cancelled and where the Customer has already made payment for the goods this shall be refunded in full.

3.4 Payment can be made by one of the following credit or debit cards: Delta, Mastercard, Visa, Maestro, American Express or Solo.

3.5 All Prices are inclusive of VAT.

4. Packaging

4.1 The packaging of the goods shall be entirely at the discretion of the Company who shall have the right to pack all the goods in such manner, and in such quantities as the Company thinks fit and shall not be obliged to comply with any packaging requests or instructions from the Customer.

5. Delivery

5.1 The website is only for delivery of goods to customers within the United Kingdom Mainland. All goods must be signed for by an adult aged 18 years or over on delivery.

5.2 The Company shall reasonably endeavour to deliver the goods to the Customer at such address notified by the Customer when the order was placed where such delivery is within the United Kingdom mainland within 48 hours of the Email Confirmation. However, goods not held in the Company´s stock may take up to 5 weeks for delivery. Estimated delivery times are as displayed on the website and as amended from time to time.

5.3 Notwithstanding clause 5.2 above delivery dates are estimates only and time of delivery is not of the essence. In the event the Company reasonably believes delivery is likely to take in excess of 5 weeks the Company will notify the Customer of the likely period of delay as soon as possible.

6. Contract cancellation

6.1 The Customer shall have a period of 7 working days from the date of receipt of the goods by the Customer (the “cooling off period”) in which time the Customer may issue a Notice of Cancellation and return the goods to the Company. In the event the Customer cancels the Contract within the cooling off period then the Company will refund payment of the Price in full directly to the credit or debit card used for payment as soon as possible and in any event within 30 days of receipt of the Notice of Cancellation. The costs of returning the goods pursuant to this clause shall be borne by the Customer. Failure to return the goods or the return of the goods at the Company´s cost shall entitle the Company to charge the Customer for the direct costs associated with recovery.

6.2 Any goods returned to the Company in accordance with Clause 6.1 above shall be unused and be in the original packaging in the condition in which they were received by the Company.

6.3 The Customer may reject goods found to be defective within 6 months of delivery and the Company shall either offer to refund, replace or repair the goods unless the Company can demonstrate that the goods were not defective at the time of delivery.

6.4 In the period that is 18 months after the 6 month period identified in clause 6.3 above, in the event that the Customer can demonstrate that the goods were defective at the date of delivery to the Customer, the Company shall either repair or replace the goods.

6.5 For the purposes of clauses 6.3 and 6.4 above, the Company shall be liable for the cost of return in the event that the goods are shown to be defective.

7. Risk and title of goods

7.1 Risk of damage to or loss of the goods shall pass to the Customer at the point of delivery to the Customer or on the date of first attempted delivery by the Company.

7.2 Ownership of the goods shall pass to the Customer when:

7.2.1 the Company has received in full and cleared funds all sums due to it in respect of the goods; and

7.2.2 the goods have been delivered to the Customer.

8. Warranties and liability

8.1 The Company warrants that the goods are of satisfactory quality.

8.2 The goods are directed solely at those who access the website from the United Kingdom. The Company makes no representation that any goods are appropriate for use or available in other locations. Furthermore any individual accessing the website from locations outside of the United Kingdom is responsible for compliance with local laws if and to the extent local laws are applicable.

8.3 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the negligence of the Company or any other liability which may not otherwise be limited or excluded under applicable law.

8.4 Subject to clause 8.3 and notwithstanding this clause 8, the Company´s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the Customer for the goods in respect of one incident or series of incidents attributable to the same clause.

8.5 Subject to clause 8.3 and other than as expressly provided in these Terms with respect to specific goods and except for those remedies detailed in clause 6 above, any indemnities, warranties, terms and conditions (express or implied) are hereby excluded to the fullest extented permitted under applicable law.

8.6 Subject to clause 8.3 above, the Company shall not be liable in contract, tort (including without limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any:

  • 8.6.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • 8.6.2 loss of goodwill or reputation; or
  • 8.6.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under these terms.

8.7 This clause 8 does not affect the statutory rights of the Customer as a consumer nor does it affect the contract cancellation rights specified in clause 6.

9. Miscellaneous provisions

9.1 This Contract shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England.

9.2 The Company shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

9.3 The Customer may not assign or sub-contract any of its rights or obligations under these Terms or any related order for goods to any third party unless agreed upon in writing by the Company.

9.4 The Company reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or party of any of its rights or obligations under these Terms or any related contract to any third party.

9.5 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.

9.6 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999).

9.7 No delay or failure by the Company to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of the Company.