Terms Of Supply Of Goods

Terms and Conditions of Supply of Goods

22. Terms & Conditions of Supply of goods (Overview) 

22.1 Definitions

• In this document the following words shall have the following meanings: 

• "Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document; 

• "Customer" means the organisation or person who purchases goods and services from the Supplier Indulge In Treats, Indulgeintreats.com and  any of our other brands we own)

• "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable; 

• "Specification Document" means a statement of work, quotation or other similar document describing the goods and services to be provided by the Supplier Indulge In Treats, Indulgeintreats.com and any of our other brands we own)

• "Indulge In Treats, Indulgeintreats.com and any of our other brands we own)" May be referred to as (We, Us and Our) in the following document; 

• “Customer” May be referred to as (You or Your) in the following document;

22.2 Introduction

• These are the terms and conditions of supply for products ordered on Indulgeintreats.com (Website) and/or through any web or mobile application we provide which allows product ordering. The Website/Application is operated by or on behalf of Indulge in treats (Indulge In Treats, Indulgeintreats.com and any of our other brands we own, We, Us and Our). 

• Your purchase of any of the products offered on the Website/Application (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of the Website itself is subject to our Website Terms and Conditions. Use of your personal information submitted to or via the Website/Application is governed by our Privacy Policy and Cookie Policy. Where the context requires, references in these terms to the Website shall also be deemed to include a reference to the Application.

• We reserve the right to change these terms and conditions at any time by changing them on the Website, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 20th January 2023.

22.3 General 

• You may not transfer or assign any or all of your rights or obligations under any Contract.

• All notices given by you to us must be given in writing to the email address set out at the end of these terms and conditions. We may give notice to you at either the email address you provide to us when placing an order.

• If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

• These terms and conditions may not be varied except with our express written consent.

• These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

• These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

• You agree that any dispute between you and us and/or a Brand (as applicable) regarding these terms and conditions or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

• The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

22.4 How the Website Works 

• We operate the Website as an eCommerce store selling memberships, subscriptions, subscription boxes and singular products. The products we sell include food, snacks, drinks (tea,coffee, hot chocolate), skincare, bodycare, jewellery, lifestyle, homeware, garden and eco-friendly products. Our subscription box includes items that we sell in our store. The subscription box will be sent out to you every two weeks, 1 month, 3 months, 6 months or as regularly as you like depending on your delivery choices and you can easily cancel your subscription at any time. On each individual page you will find processing times, delivery times and Location the location products are shipped from.

• When you purchase a Product from us you enter into a legally binding contract directly with us. Our role is to receive your payment and to assist with the processing of refunds, returns of damaged goods and any questions you have regarding our Website.

22.5 The Charity Donations 

•  5% from every product we sell goes to the Virtue app who collaborates with the Paypal giving fund, who then gives a percentage of the 5% to one of the charities we support. At checkout you also have the option to donate some more money to one of the charities we support. It’s completely up to you if you want to donate more. Charities are as follows: Action Aid, Battersea Dogs and Cats Home and Comic Relif.

22.6 Processing and Delivery 

• Some products have different estimated processing times, these estimated times are listed on each individual product page.

• Your order will be fulfilled within the estimated delivery date, unless there are exceptional circumstances. All orders are tracked so you will be able to view the progress of your order arriving to you. (If we don’t provide a tracking number to you we will always be able to give you information about your products location if you contact us) 

• Your order will be delivered to the delivery address you specify when placing your order. We currently don’t ship internationally. 

• The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payments of all sums due in respect of the Product(s), including any delivery charges, have been received.

• If your order has products that don’t ship to the address you provided, we and or the brands reserve the right to refund you for the item and not deliver the products to the location you provided.

• If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we and/or the Brand may not be able to deliver there. If that is the case, you will be notified. We and/or Brands reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

• Products within the same order cannot be delivered to different addresses.

22.7 Delivery from Brands Located Outside your Country  

• If you order Product(s) for delivery outside the Country the brand ships from (The brand's shipping location is listed on each product page), they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 

• Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We and/or the Brand will not be liable for any breach by you of any such laws.   

22.8 Ordering and Availability 

• To order any Product, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms and conditions). By doing so, you confirm that you meet this requirement.

• Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Confirm and Pay" button on the checkout page.

• After placing an order, you will receive an acknowledgment from us that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Product(s) ordered. All orders are subject to acceptance by us and/or the Brand. We and/or the Brand are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm and Pay" button, you enter into an obligation to pay for the Product(s). When your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation). The contract between you and us and/or the Brand (as applicable) in relation to the Product(s) ordered (Contract) will only be formed when you, we and/or the Brand send you the relevant Order Confirmation. After entering into the Contract, we and/or the Brand will be under a legal duty to supply you with goods that are in conformity with the Contract.

• The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We and/or the Brand will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.

• We have the right to cancel and refund you the amount you paid for the product at any time prior to the item being shipped out to you.

22.9 Price, Payment & Checkout 

• 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.

22.10 Consumer Cancellation Rights

• Upon submitting an order to us, if you change your mind and want to cancel the order you must do so before receiving an email from us confirming your order has entered the processing stage (Your order is being processed). 

• Except in relation to certain Products set out below, due to many of our products being perishable, customised subscriptions or subscription boxes. We have a no refund policy unless your product arrives with defects. In this case you have 3 days to notify us via email and 14 days to return the item to us. 

• If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with the refunds policy below.

• To cancel a Contract and return your product to receive a refund, you must clearly inform us, preferably:

• Emailing us at support@indulgeintreats.com and stating the reasons for wanting a refund and providing us with your order number.

• You must also return the Product(s) within 14 days of you receiving the product(s), in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we and/or the Brand may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s), up to the price of the Product(s), from the refund to which you are otherwise entitled.

• You will not have any right to cancel a Contract for the supply of Products that have been used, custom made, personalised or made to your own bespoke specifications (if such options are offered), unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered.

• To return the Product(s), you MUST first contact us at support@indulgeintreats.com so we can authorise the return, then we will email you the address to send your item back to and any other details you need to write on the package. 
• When we email you the details you will then need to post the product(s) back to the address we provide you with, we advise you to send the parcel either by courier or by recorded delivery mail or other form of certified mail.

• We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us.

• Any import duties or taxes you incur upon delivery of your product(s) and returning product(s) are the customers responsibility. We are not liable to pay these fees.

• Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

22.11 Our Refund Policy

• If you cancel a Contract between us (or the relevant Brand as applicable) within the 14-day cooling-off period (see above), any refund will be processed to you as soon as possible and, in any case, within 14 days after the day on which we and/or the Brand receive the Product(s) back or, if earlier, the day on which we and/ or the Brand receive evidence that you have returned the Product(s) to the returns address provided. We will refund the price paid in full (subject to any deduction we and/or the Brand are entitled to make due to your use of or damage to the Product(s)). However, you will not be refunded your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

• Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

• If any product you order is faulty or damaged when delivered to you, you may have one or more legal rights available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a product arrived to you damaged or faulty, you should inform us as soon as possible, via email, giving us your name, address and order reference. Nothing in this section affects your legal rights.

22.12 Terms of Sale

• This section sets out the terms under which we supply products, subscriptions and memberships (if applicable) to you through the website. 

22.13 Our products 

• The Products offered or promoted on the Website are not medical products or medical devices and may produce different results for different users. The Products should be used by you only as directed.

• We have taken reasonable steps to display, as accurately as possible, the colours and other detailing of our Products in the images that appear on the Website. However, the actual colours and detailing you see onscreen will depend on your Device, and we cannot guarantee that your Device's display of any colour or other detailing will exactly reflect the colour or detailing of the Product upon delivery. The packaging of the Products may vary from that shown in images on our Website.

• We may sometimes make minor changes to Products or their packaging to reflect changes in laws or regulations, or to implement minor adjustments and improvements.

• Every care has been taken to ensure transparency in the pricing of our Members Price for Products. However, we accept no liability for minor discrepancies, averages or fluctuations in the pricing elements.

22.14 Availability

• Although we do our best to ensure that all material and information published on the Website is accurate, all Products are subject to availability. If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (which may include email). If you have already paid for the Product, we will refund you in full as soon as reasonably possible.

• We reserve the right to restrict the availability of individual Products or categories from time to time, including limiting the number of such Products that may be purchased in any month.

22.15 Your Status 

• To place an order through the Website for a Product or Membership, you warrant that you are legally capable of entering into binding contracts. You must comply with all export laws and regulations of the UK or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Products, to any destination, person or entity restricted or prohibited by the Export Controls.

• You must be purchasing as an individual for private use and not as a wholesaler or reseller. We reserve the right to cancel orders where we believe that they are intended for resale, where an account is being shared amongst individuals or otherwise for breach of these Terms and Conditions.

22.16 Product Information

• Whilst steps have been taken to present Products as accurately as possible through the photographs and other images featured on the Website, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor or screen and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

• Any information on the Website regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order. (Flavours, tastes, colours  and textures of all products are personal to each individual person and may vary from person to person. The colour of products and appearance may vary slightly due to computer screen lighting).

22.17 Our Liability 

• Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that, by law, may not be limited or excluded.

• Please remember that when you purchase a Product from a Brand, the legal contract for the supply and purchase of Product is between you and the relevant Brand. We have no control over the actions or omissions of any Brand.

• Neither we nor the relevant Brand will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our or the Brand's reasonable control.

22.18 Getting in Contact with Us

• if you have any questions regarding our website please contact support@indulgeintreats.com 

22.19 Agreement

• To view the agreement on its own page click here. 

22.20 Your Rights

• If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
• Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

22.21 Data Retention

• When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

22.22 Minors

• The Site is not intended for individuals under the age of [[18]].
• No matter what age you are, make sure you always ask the bill payers permission first.

22.23 Changes

• We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

22.24 Contact Us

• For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at  support@indulgeintreats.com.

22.25 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.

22.26 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 .

22.27 Statutory and regulatory disclosures

• We are not yet registered in the trade register; we will let you know where you can find the online version of the register when we are, and our registration number.

• We are not yet registered as Indulge In Treats with any professional body in the United Kingdom and will be subject to rules when we are, which would be found at www.gov.uk.

• We do not yet have a VAT Number.

22.28 Our details

• This website is owned and operated by Indulge In Treats
• You can contact us:

1. using our website contact form; or 
2. by email, using the email address published on our website from time to time.