Terms and Conditions
Terms and Conditions
These terms and conditions (the “Terms and Conditions”) govern the use of www.macaronsbykiwidebs.co.uk (the “Site”). This Site is owned and operated by Macarons by Kiwi Debs. This Site is an ecommerce website.
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By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
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Intellectual Property
All content published and made available on our Site is the property of Macarons by Kiwi Debs and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.
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Acceptable Use
For a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes and not to:
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Harass or mistreat other others of our Site
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Violate the rights of other users of our Site
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Violate the intellectual property rights of the Site owners or any third party to the Site
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Hack into the account of another user of our site
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Act in any way that could be considered fraudulent
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Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally, or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
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Accounts
When you create an account on our Site, you agree to the following:
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You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attach to that account; and
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All personal information you provide to us through your account is up to date, accurate and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
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Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
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The following goods are available on this Site:
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Macarons
We are under a legal duty to supply goods that match the description as close as possible of the goods you order on our Site. Macarons being handmade it is likely that there will be some variation to the goods displayed on the Site.
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These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site as your own risk.
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We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verity receipt of any refund.
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Payments
We accept the following payment methods on our Site:
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Credit Card
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Debit Card
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Apple Pay
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Google Pay
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PayPal
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
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If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
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Click and Collect Service
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Free Delivery with 3 mile radius of Balsham
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Delivery within 25 mile radius of Balsham, a small charge will be incurred
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Delivery within 48 hours of ordering
Despatch of goods is approximate two working days depending on receipt of order and sent next day delivery. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and bank holidays.
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You will be required to pay delivery charges in addition to the price for the goods your purchase.
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You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
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Returns and Refunds
Due to the nature of macarons being perishable they are non-refundable.
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If you are not completely satisfied with your macarons, please contact us by email, Monday to Friday quoting your order reference number.
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In order for us for to resolve any complaints quickly and to our mutual satisfaction, it is advised you make any complaints within one day of the date of delivery.
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If goods are damaged in transit and the damage is apparent on delivery, sign the delivery note to the effect that the goods have been damaged. In any event, report such damage to us within one working day with photographic evidence to allow us to feedback to the delivery company. We cannot be held responsible for any damage incurred during transit.
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In the event of goods being stolen after delivery, we are unable to offer a refund. Where you have given us accurate information to leave in a safe place or with an authorised person, then a delivery is deemed to have been made and your order will become entirely Your risk.
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If the order has been purchased as a gift where the purchaser seeks it, it is in the interests of data protection, we are unable to deal with the recipient.
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Cancellations
If you are a customer living in the United Kingdom, you have the right for a 14-day cooling off period during which you may cancel your order. However, for the purpose of the Act, your macarons are deemed a short-dated, perishable product meaning they deteriorate and expire rapidly therefore this right does not apply to online macaron orders.
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Orders made in advance, any amendments or cancellations must be given within ten working days before the intended despatch date. Orders placed or cancelled on Fridays, weekends or bank holidays will be treated as having been received the following working day. Any payments will be refunded, if production has not commenced.
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For large quantity orders, cancellations must be made within two weeks prior to the intended delivery or event date to allow us to return Your deposit. Any less than two weeks in advance of the intended delivery or event date, Your deposit will not be returned. Cancellation of Your order five days or less prior to the intended delivery or event date, no refunds will be offered as production will have commenced.
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Once Your order has been despatched no cancellation can be accepted, or refunds made.
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You are entitled to cancel any payment at any time where fraudulent activity has been made on Your credit or debit card by another person not acting on Your behalf and to be re-credited to us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
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To cancel or amend orders, please email or call 07720 598285.
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Effects of Cancellation
If you cancel your order with us and goods have already been sent to you, we are unable to refund you.
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Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction apples and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provision of the legislation will apply.
Links to other Websites
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Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
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Limitations of Liability
Macarons by Kiwi Debs will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
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Indemnity
Except where prohibited by law, by using the Site you indemnify and hold harmless Macarons by Kiwi Debs from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or you violation of these Terms and Conditions.
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Applicable Law
The Terms and Conditions are governed by the laws of the Country of England.
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Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
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Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changed to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
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Contact Details
Please contact us if you have any questions or concerns. Our contact details are:
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07720 598285
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