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Terms & Conditions Of Use

Terms & Conditions of Use


26.1 Introduction & Interpretations 

  • You (the customer you) must read these terms and conditions to make sure that you're happy to abide by the terms and conditions before using our site. By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions.  If you are not sure about anything, please refrain from using Indulge In Treats, Indulgeintreats.com and any of our other brands we own.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.

 

  • Our store is hosted on Shopify Inc. They provide us with our e-commerce website that allows us to sell our products and services to you

 

  • You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Indulge In Treats, Indulgeintreats.com and any of our other brands we own may be referred to in these terms and conditions and terms of use as “us,we,our”
  2. You, the customer, may be referred to in these terms and conditions and terms of use as “you,the consumer or the customer”.
  3. Website in these terms and conditions and terms of use means Indulgeintreats.com 

26.2 Agreement/ Arrangements 

  • By using our website you agree to be bound by our terms.

  • These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ("Company," “we," “us," or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the and have our registered office at , You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

  • Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

  • The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

26.3 Site Management 

  • We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site

26.4 Amendments 

  • Any new features or tools which are added to the current store shall also be subject to our Terms and conditions. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

  • There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

  • We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

 

  • We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

26.5 Cookies short overview

  • Please read our cookie policy page by clicking here to learn about them, their benefits and how we use them on our website.

 

  • If you'd like to disable cookies on your browser, please view our information on ‘Controlling and Deleting Cookies’. Please be aware that some parts of the site and your ability to buy products will not function correctly if you disable all cookies.

 

  • By viewing this Cookie Policy Page and using our website, you consent to our use of cookies on your browser in accordance with our cookie policy unless you have disabled the

26.6 Prohibited use

  • We want everyone that uses our website to be kind to one another and use the website in a respectable way. 

  • You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without  limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).


  • You must not use data collected from our website to contact individuals, companies or other persons or entities.

  • You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  • We reserve the right not to publish any particular Contribution on the Website or to remove any Contribution at our sole discretion.

 

  • Contributions must:
  • Be accurate

      -    Where they state opinions, be genuinely held

      -    Comply with all applicable laws

 

  • Contributions must not:
  • Contain anything defamatory, obscene, offensive, hateful, threatening, harmful to any person, or inflammatory
  • Contain or promote sexually explicit material or violence
  • Be used for deception, or to mislead as to your identity or affiliations
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Infringe anyone else's copyright, trademark, or other intellectual property rights
  • Promote or suggest anything unlawful, including copyright infringement or computer misuse
  • Be made in breach of any legal duty, including a contractual duty or duty of confidence
  • Promote any illegal activity
  • Invade another's privacy
  • Give the impression that the contributions have come from us or any other third party when they do not.

26.7 Goods 

  • The description of the Goods is as set out in the Website or other form of advertisement and placements. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied due to each product being handmade.

 

  • In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. 

 

  • All Goods which appear on the Website are subject to availability and some may be made to order therefore you must preorder them.

 

  • We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

26.8 Deduction of goods supplied 

  • We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish if it is the correct item that was ordered and if the package has arrived damaged: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

 

26.9 Basis of sale 

  • The description of the Goods on our website does not constitute a contractual offer to sell the Goods to you. When an Order has been submitted on our Website, we can reject it for any reason, however we will try to inform you of the reason for declining your order.

 

  • The Order process on our website allows you to check and amend any errors before submitting your order. It is your responsibility to check that your order is correct and you have filled all the information in correctly. 

 

  • A contract is formed for the sale of goods ordered when you click the order submission button and receive your order confirmation email. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

 

  • Any quotation we give you is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.

 

  • No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and us, Indulge In Treats, Indulgeintreats.com and any of our other brands we own.

 

  • We intend that these Terms apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

26.10 Personal information

  • We retain and use all information strictly under our Privacy Policy. We may contact you by e-mail or other electronic communication methods and other methods you expressly agree to.

26.11 Risk

  • Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

26.12 General online store terms 

  • By agreeing to these Terms and any terms or policies on our website, you agree that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in your immediate termination from using our Services.

26.13 General overall terms 

  • We reserve the right to refuse service to anyone for any reason at any time. You understand that your content and details about your name and email address may be moved through our network and social media accounts without being encrypted. We will never put your personal information out without your consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

26.14 Registration 

  • Upon registration to our website you warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.

 

  • The products purchased on our website are for private and domestic use only and are not for resale. You will notify us immediately of any changes to the personal information by emailing us at: support@indulgeintreats.com

26.15 Privacy policy 

  • Any personal information you provide to Indulge In Treats, Indulgeintreats.com and any of our other brands we own directly and from which you can be identified is stored securely and confidentially and will be processed fairly and lawfully in accordance with our privacy notice.

  • So that we can deliver your order to you, we will provide your details to our couriers and postal service providers that deliver your order.

  • This Privacy Policy explains in more detail what personal information we collect about you, how and why we use it, who we disclose it to, and how we protect your privacy. Please take the time to read it.

  • When you shop on our Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us and any of the platforms we use to run our website e.g Shopify and shopify apps. 
  • We respect your privacy and always try to comply with the General Data Protection Regulation with regard to your personal information.

 

  • For the purposes of these Terms:
  • Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to, the GDPR.
  • 'GDPR' means the UK General Data Protection Regulation.
  • 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

  • We are a Data Controller of the Personal Data we Process in providing Goods to you.

 

  • Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

 

  • we will respect your rights in relation to your Personal Data; and

  • We will implement technical and organisational measures to ensure your Personal Data is secure.

  • We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  • For any enquiries or complaints regarding data privacy, you can email: support@indulgeintreats.com.

26.16 Protecting your security 

  • To ensure that your credit, debit or charge card is not being used without your consent, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases.

 

  • We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your cooperation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be rejected at the checkout and reported to the relevant authorities.
  • By accepting these terms you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to our fraud detection apps used on shopify. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

26.17 Payments and security

  • We do not hold your credit card data unless you choose to store it for quicker checkouts, it will then be stored on Shopify and any other third party platform they use. We accept Visa, Mastercard, and AMEX, Paypal, Stripe, Google Pay and Shopify pay
  • Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.
  • You can contact Lush Customer Care by email at support@indulgeintreats.com

26.18 Compliance 

This Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.

26.19 Indemnity or indemnification 

You agree to fully indemnify, defend and hold Indulge In Treats, Indulgeintreats.com and any of our other brands we own, and our, staff, employees, workers, affiliates, ambassadors, owners, directors, ceos, contractors, licensors and suppliers harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.


26.20 Third party links and tools ( we may give you access to optional third party tools that we use this is in no way anything to do with us) 

  • As a convenience to our customers, Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

  • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and  features through the website. Such new features and services shall also be subject to these Terms.

  • You can see our full list of third party apps, tools and any other third party things that may affect you by clicking the cookie policy

  • The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

26.21 Orders

  • By placing an order on our website, you agree to give: Your real name, Your email address,The address you want your item sent to, Your billing address, A delivery address (this may be the same as your billing address) and A contact phone number. 

  • If the technology fails us or we make a genuine mistake, your order attempt may be unsuccessful. We will do everything we can to resolve this. 

  • Once you have placed an order, you will receive a confirmation e-mail and then one when your order  has  been dispatched. 

  • If something is not in stock, we will let you know as soon as possible after the order has been placed.
  • Once you are ready to check out, you will be directed to the shipping confirmation page where you may select the type of delivery, and the delivery and/or billing addresses.

  • After placing your order you will receive an automated acknowledgement.

  • All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.

  • Orders placed by you on our website are treated as an offer to purchase. We hold the right to reject such offers at any time. 

  • You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on our Website.

  • The conclusion of a contract between you and us will take place when we capture the payment from whichever payment provider you choose to use out of the available ones on our website or when we dispatch the goods to you or commence the services, whichever is the later.

  • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from our Website.

  • You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products.

  • We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. 

  • Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.

  • Once you have clicked on the ‘Submit Order’ button, you have made a binding offer for the sale of goods. Your offer at this stage is still subject to our acceptance. In order that we may accept your offer, we obtain an authorisation from your Credit card company for the amount detailed on the order summary page. We are not taking funds from your card at this stage, although the amount available for you to spend will be reduced by the authorisation. This is a normal process with the banks. If your credit card is not authorised, your order will not be processed further.

26.22 Product or services

  • Our products are currently only available for purchase online. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

  • We have made every effort to display as accurately as possible the colours and images of our products. Some products may look different upon arrival due to being handmade and digital screen viewing. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

  • We reserve the right to limit the quantities of any products or services that we offer. 

  • All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 

  • We reserve the right to discontinue any product at any time. 

  • Any offer for any product or service made on this website is void where prohibited. 

  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

26.23 The contract 

  • Upon confirmation of your order on our website once we accept your order by confirming the products have been dispatched a legally binding contract will exist between us. 

  • If we do not confirm acceptance we will refund your payment. 

  • Your order constitutes an offer to us to buy a product. If we believe a customer acts against these Terms, we reserve the right to cancel or suspend their order. This includes non-payment of ordered products and fraudulent use of our website and sales. 

  • We also reserve the right to bar certain email addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.

  • Ownership of the products will only pass to you when we have received full payment. 

  • A person who is not party to the contract shall not have any rights under or in connection with it.

26.24 Complaints 

  • If you have a complaint relating to our Terms or our products, we will attempt to resolve the complaint when you contact us at support@indulgeintreats.com

26.25 Events beyond our control 

  • 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. These include all events we deem as beyond our control upon our ruling. 

  • Occasionally, parcels going overseas may be delayed at customs control when entering your country. This is beyond our control and we cannot be responsible for the late arrival of parcels detained in this way.

26.26 Resale

  • Products or anything else purchased on our website is not permitted for resale by the customer unless we directly instruct you to. 

26.27 Cancellation rights 

  • Subscriptions can be cancelled any time before your auto payment is taken from your account. Any cancellations made after the auto payment is taken will be cancelled the following month.

  • Subscriptions can also be paused and changed before that month's auto payment has been taken from your account. If the auto payment has already been taken the changes will be applied to the next subscription coming to you. 

  • Auto renewing subscriptions can not be cancelled mid term.

26.28 Cancellations and returns (timing of reimbursements) 

  • RETURNS + EXCHANGES INFORMATION: We hope you love your purchase! 

  • Unfortunately in most cases we do not accept returns unless your product arrives damaged. This is due to a lot of our products being perishable, customised, personalised or to comply with product hygiene rules.

  • If your product arrives damaged please email us to let us know within 3 days of receiving your product. You must do this before trying to return your damaged item, as we need to verify the return.

  • All of our products are non-returnable due to them being perishable, personalised or customised. We only accept returns on products that have defects upon arrival Please email us to let us know support@indulgeintreats.com

  • We will provide you with the return address. 

  • ITEMS MUST BE RETURNED WITHIN 14 DAYS FROM THE DELIVERY DATE.
  • To be eligible for a return, your item must be unused and in the same damaged condition that you received it. It must also be in the original packaging.

  • Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

  • If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

  • If you haven’t received a refund yet, first check your bank account again.

  • Then contact your credit card company, it may take some time before your refund is officially posted.

  • Next contact your bank. There is often some processing time before a refund is posted. 

  • If you’ve done all of this and you still have not received your refund yet, please contact us at Support@indulgeintreats.com

  • 26.29 If your parcel from us arrives damaged 

    • We will ask you to send pictures and either send the item back or through it away at our discretion. 

    • We will then either replace the item if the stock is available or refund the cost of the item to the payment method you used to purchase the product. 

    26.30 Price, payments, Vat, Customs fees and other taxes (modification to the service and prices) 

    • The price of Product(s) is the price quoted on our website, it may change when we have sales and if you use a discount code.

    • Prices include VAT and delivery costs (if applicable), Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we and/or the Brand have already sent you an Order Confirmation.

    • The Website contains a large number of Products and it is always possible that, despite best efforts, some of the Products listed on the Website may be incorrectly priced. We and/or Brands will normally verify prices as part of the despatch procedure so that, where a Product's correct price is less than the stated price, you will be charged the lower amount. If a Product’s correct price is higher than the price stated on the Site, we and/or the Brand will normally either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

    • Payment for all orders must be made by credit, debit card, Visa, Mastercard, American Express, Shopify Payment Powered by Stripe, Apple pay, Google Pay or PayPal on the checkout page. 

    • You should be aware that online payment transactions are subject to validation checks by your card issuer and we and/or Brands are not responsible if your card issuer refuses to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We and/or Brands are not responsible for this.

    • From time to time the Website may run promotions where discount codes are offered. These can be used to discount the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash. Any discount codes obtained by way of referring friends to the Website must be done in good faith and without any arrangement for the purpose of earning credit where invites and subsequent purchases are not genuine.

    • We hold the right to alter the price without prior notice at our own discretion. 

    • In most cases, customs fees do not apply, However International shipments may be subject to import taxes, duties and/or customs clearance fees (which are determined by the customs agency within the destination country), which are levied once a shipment reaches the recipient's country. All taxes, duties, and all other charges and fees are the sole responsibility of the recipient. These fees will be based on the value of the order and the tax free threshold. These fees get collected by you at the time of delivery. Indulge In Treats, Indulgeintreats.com and any of our other brands we own) has no control over these charges, nor can Indulge In Treats and any of our other brands we own) predict what they may be. If a shipment is refused and returned, you will be responsible for any import taxes and return shipping costs incurred. Customs policies vary widely by country. If you have questions we recommend that you contact your local customs office for more information. All customs, duties and any other fees or charges incurred are non refundable. 

    26.31 Delivery

    • The products we sell are delivered via APC couriers, Yodel, Evri and Royal Mail. 

    • To view our shipping prices and estimated delivery times click here and to view estimated processing times and delivery times view each individual product. 

    26.32 Split Delivery 

    • Some of your orders may arrive in different parcels at different times due to availability, shipping warehouse, pre ordered items and subscriptions. 

    • Some of our products have different shipping costs that are calculated at the checkout due to being delivered from different storage warehouses. 

    26.33 Eligibility to purchase 

    • Currently we can only ship to postcodes within the United Kingdom. We don’t deliver to PO boxes.

    • We reserve the right to refuse purchase at our discretion. 

    26.34 Intellectual property 

    • We (Indulge In Treats Company) are the owners of the Indulge In Treats website, every design aspect and everything relating directly to Indulge in Treats that is placed on the website.Unless we expressly state otherwise, all intellectual property rights in the website, including all copyrights, images, software, designs, text, sound, logos, branding,articles and anything form of content within the website or supplied as part of the website relating to us is owned by us or a company, group or third party licensor we have agreed to work with.

    • The service and its original content excluding (content provided by you or other users) features and functionality are and will remain the exclusive property of the company (Indulge In Treats) and its licensors. 

    • The service is protected by Copyright, trademark and other laws of both the country and foreign countries.  

    • Our trademarks and trade address may not be used in connection with any product or service without the prior written consent of the company.

    • We can not give permission to use other companies, third party licensors or customers' content that is posted on our website. You must ask the permission of the person, licensor or business that owns the intellectual property. 

    • No Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

    • We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


    26.35 Limitations of Liability (excluding liability) 

    • This section explains your liability to us and Indulge In Treats liability to you under these terms and conditions in reaction to the use of our website, services provided via the website, associated services, membership services, subscription services, our products and any other service or product we offer on the website.

    • By using our website you are agreeing that you expressly understand and agree to the terms and conditions of using our website, services, associated services,  membership services, subscription services, our products, and any other service or product web offer on the website, are provided on an as is and as available basis, with all its fault. 

    • Any content accessed through our website or made available to you in connection with the Website is accessed at your own risk, and you shall be solely responsible for any damage to your device, or any device you use to access our website, or any other loss that results from accessing such content. Indulge In Treats  and its licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from use of the website. 

    • You acknowledge and agree that neither Indulge In Treats nor its licensors are liable, and you agree not to seek to hold us liable, for the conduct of third parties on the website, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. 

    • The terms in this Section 4 do not affect your statutory rights as a consumer and nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.

    • You agree to defend, indemnify and hold Indulge In Treats and its group companies, affiliates, licensors and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Website, use of Associated Services or purchase of Products; or (b) your breach of these Terms and Conditions or any other policies that Indulge In Treats may issue for the Website from time to time.

    • If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is reasonably foreseeable and a direct result of our breaking these Terms and Conditions or our failing to use reasonable care and skill. 

    • We will not be responsible for any losses you suffer as a result of us breaching these Terms and Conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, using the Associated Services or when the Contract for your Membership, subscription or the sale of Products by us to you was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

    • To the fullest extent permissible by applicable laws, under no circumstances, will Indulge In Treats or its licensors be liable to you for more than the total amount paid to Indulge In Treats by you for your Membership, subscription (or in the case of non-members, for your Products) during the twelve-month period prior to the act, omission or occurrence, giving rise to such liability.

    • To the fullest extent permissible by applicable laws, we are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the Contract between us.

    • The laws of certain countries, states and jurisdictions do not allow the limitation of liability or certain damages, and if such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.

    • We only supply Memberships and Products for individual and private use. If you subscribe to our Memberships or use our Products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

    • IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    26.36 User comments, feedback or other submissions 

    • We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

    • We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

    • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

    26.37  Waiver 

    • If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

     

    • A waiver by us of any default will not constitute a waiver of any subsequent default.

     

    • No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

     

    26.38 Severability

    • If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

    • If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    26.39 Term & Termination 

    • These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

    • If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

    26.40 Entire agreement 

    • Subject to these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

     

    26.41 Law and jurisdiction 

    • These terms and conditions shall be governed by and construed in accordance with English law.

     

    • Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England .

    26.42 All competitions 

    • All competitions will have the terms and conditions for that particular competition on the competition page. 
    • All competitions are run at our discretion.

    26.43 Prizes 

    • All prizes are chosen at our discretion and we hold the right to retract a prize or competition at any point without notice. 
    • All prize winners will be informed within 30 days of winning any of our competitions. If there's no acceptance of a prize within 30 days we will offer the prize to the person that came second or do a lucky dip

    26.44 Notification & Communication

    • Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    26.45 Claiming prizes 

    • We will contact you with the contact information you provided us with. If we are unable to contact you the price will become void after 30 days. We will ask you for your home address and any other information we need to enable us to send you your prize. 

    26.46 Promotional offers, discounts and free gifts

    • We hold the right to change,end and cancel any offer, promotion, discount or free gift offer we place on our website at our discretion without prior notifying you. 
    • Free gifts are non refundable and if you send an item back you must return the free gift with the item you are returning.
    • Free mystery gifts and pre-stated gift decisions are decided by us at our discretion. On occasion we may let you decide at our discretion. 

    26.47 Credit to your account 

    • We do not offer credit to your account. However if we do in the future the amount in your account can’t be turned into cash or exchanged for cash or crypto currency. 

    26.48 Referral scheme 

    • Click here to view our affiliate, ambassador & Referral scheme terms and conditions.

    26.49 Subscription plans 

    • Click here to view the full subscription terms and conditions. 

    26.50 Social Media

    • As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account'') by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content'') so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

    26.51 Corrections 

    • There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

    26.52 Miscellaneous

    • These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    26.53 Contact info 

    • This website is owned and operated by Indulge In Treats
    • You can contact us:
    • using our website contact form; or by email, using the email address published on our website from time to time

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