Terms & Conditions

 

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website.  Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms and Conditions when ordering Goods.  If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site.  These Terms and Conditions, as well as any and all Contracts are in the English language only.

 

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” – means a contract for the purchase and sale of Goods, as explained in Clause 8;

“Dispatch Confirmation” – means our acceptance and confirmation of your Order;

“Goods” – means the goods sold by Us through Our Site;

“Order” – means your order for Goods;

“We/Us/Our” – means Dessert Ballers Ltd. 106 Mill Studio, Crane Mead, Ware, Hertfordshire, SG12 9PY United Kingdom. Registered in England and Wales under company number 11318491. (“Dessert Ballers”).

 

2.  Information About Us

2.1   Our Site, www.dessertballers.co.uk is owned and operated by Dessert Ballers.

 

3. Access to and Use of Our Site

3.1  Access to Our Site is free of charge.

3.2  It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3  Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4. Age Restrictions

Consumers may only purchase Goods containing alcohol through Our Site if they are at least 18 years of age.

 

5. Intellectual Property

These Terms and Conditions, all content included on Our Site, unless, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property. By continuing to use the Our Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Our Site without written permission from Our authorised representative.

 

6. International Customers

Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. We reserve the right to define what can and cannot be delivered to which destination. All purchases must be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.

Our products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery. Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you. 

 

7. Goods, Pricing and Availability

7.1  We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:

7.1.1  Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

7.1.2  Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

7.2  Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).

7.3  All Goods are made in the same environment as nuts so we cannot guarantee they are free from nut traces. Allergen information and ingredient information is available for each product via the ingredients tab on each product page. 

7.4  We neither represent nor warrant that Goods will be available.

7.5  We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).

7.6  All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, please note the following:

7.6.1  We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.

7.7  In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

 

8. Orders – How Contracts Are Formed

8.1  Our Site will guide you through the ordering process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

8.2  No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you a Dispatch Confirmation by email.  Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.

8.3  Dispatch Confirmations shall contain the following information:

8.3.1  Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

8.3.2  Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

8.4  [We will also include a paper copy of the Dispatch Confirmation with your Goods].

8.5  If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

 

9. Payment

9.1  Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. We accept the following methods of payment on Our Site:

9.1.1  PayPal

 

10. Delivery, Risk and Ownership

10.1  All Goods purchased through Our Site will normally be delivered within the times given on the Site during the Order process. During peak periods we have the right to send goods 2 or 3 days earlier to ensure they arrive by the specified date.

10.2  If We are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) We will follow any delivery instruction you may have given or attempt to leave your goods in a safe place. If this is not possible, our carrier will leave a note advising of where your goods have been returned to, and how to either arrange re-delivery or collect them.

10.3  In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 10.1), if any of the following apply you may cancel your Order immediately:

10.3.1  We have refused to deliver your Goods; or

10.3.2  In light of all relevant circumstances, delivery within that time period was essential; or

10.3.3  You told Us when ordering the Goods that delivery within that time period was essential.

10.4  If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then cancel your Order.

10.5  You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.  Please note that if any cancelled Goods are delivered to you, you must return them to Us. We will bear the cost of returning the cancelled Goods.

10.6  Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.

10.7  The risk of the Goods shall remain with Us until they come into your physical possession.

10.8  Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

10.9  None of our Products are for resale and the offering for sale of any of our Products is strictly forbidden. We reserve the right to take legal action in respect of any resale or offer for sale.

 

11. Faulty, Damaged or Incorrect Goods

11.1  By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.

11.2  Beginning on the day that you receive the Goods you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above.  Alternatively, you may request replacement Goods.  We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund.  If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods.  If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.  If, after replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.  If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

11.3  Please note that you will not be eligible to claim under this Clause 11 if We informed you of the issue with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them). Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind.  If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.  Please refer to Clause 12 for more details.

11.4  To return Goods to Us for any reason under this Clause 11, first contact us at info@dessertballers.co.uk or call 0333 014 2564. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.

11.5  Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.

11.6  Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.

11.7  For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

12. Cancelling and Returning Goods if You Change Your Mind (this clause does not apply to business purchasers/uses)

12.1 You may cancel orders at any time up to 10am on the morning of your order being collected or dispatched.  In the event that you wish to cancel please contact us on 0333 014 2564, this is the preferred method as we cannot guarantee to see an email prior to despatch if sent on the same day as despatch.

12.2 We operate our terms in accordance with the Consumer Contracts Regulations. Due to our products being a food item, we can not accept returns if the seal on the product is broken or damaged. 

12.3 You are entitled to cancel an order without reason within 14 days of the day you received your order. 

12.3.1 We are unable to accept cancellations for any bespoke/design your own products, or personalised products. 

12.4 Please contact us before returning a product on 0333 014 2564 or email us at info@dessertballers.co.uk. Should you wish to cancel an order and receive a full refund, you must confirm this in writing first and return the item to us.

12.5 Please be aware that you are liable for the cost of the return of the item, we recommend that proof of postage is obtained when sending.  We are only able to refund for items received back by us, we are unable to accept responsibility for items lost or damaged in transit.  This does not affect your statutory rights.

12.6 Once you have contacted us and we confirm the return, we will supply you with the return address where you need to send the product(s) to.

12.7  We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

 

13. Our Liability to Consumers

13.1  We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

13.2  Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

13.3  Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

14.  Events Outside of Our Control (Force Majeure)

14.1  We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

14.2  If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

14.2.1  We will inform you as soon as is reasonably possible;

14.2.2  Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.3  We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

14.2.4  If the event outside of Our control continues for more than 28 days  We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;

14.2.5  If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

14.2.6  If the contract is cancelled by you or by Us under this Clause 14, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).

 

15. Communication and Contact Details

15.1  If you wish to contact us with general questions or complaints, you may contact us by telephone at 0333 014 2564, by email at info@dessertballers.co.uk, or by post at Customer Services, Dessert Ballers, 106 Mill Studio, Crane Mead, Ware, Hertfordshire, SG12 9PY.

15.2  For matters relating the Goods or your Order, please contact us by telephone at 0333 014 2564, by email at info@dessertballers.co.uk, or by post at Customer Services, Dessert Ballers, 106 Mill Studio, Crane Mead, Ware, Hertfordshire, SG12 9PY.

15.3  For matters relating to cancellations, please contact us by telephone at 0333 014 2564, by email at info@dessertballers.co.uk, or by post at Customer Services, Dessert Ballers, 106 Mill Studio, Crane Mead, Ware, Hertfordshire, SG12 9PY, or refer to the relevant Clauses above.

 

16.  Complaints and Feedback

16.1  We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

16.2  If you wish to complain about any aspect of your dealings with Us, please contact us in one of the following ways:

16.2.1  In writing, addressed to Customer Services, Dessert Ballers, 106 Mill Studio, Crane Mead, Ware, Hertfordshire, SG12 9PY;

16.2.2  By email, addressed to info@dessertballers.co.uk

16.2.3  By contacting Us by telephone on 0333 014 2564

 

17. How We Use Your Personal Information (Data Protection)

17.1  All personal information that We may collect (including, but not limited to, your name, address, email address, recipient details and telephone number) will be collected, used and held in accordance with the provisions of applicable data protection legislation and in accordance with our Privacy Policy here.

17.2  As further described in the Privacy Policy we may use your personal information to:

17.2.1  Provide Our Goods and services to you;

17.2.2  To organise and facilitate the supply of our Goods and services to you;

17.2.3  Process your Order (including payment) for the Goods; and

17.2.4  Inform you of new products and/or services (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.

 

18. Use of Our Site

18.1   You may not use Our Site for any of the following purposes:

18.1.1  disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;

18.1.2  transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;

18.1.3  interfering with any other person’s use or enjoyment of Our Site; or

18.1.4  making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission

18.2  You will be responsible for Our losses and costs resulting from your breach of clause 18.1.

18.3  You may link to Our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

18.4  Our Site must not be framed on any other website.

18.5  Our Site provides links to other websites for your information. If you use these links, you will be redirected away from our website. We therefore do not endorse or make any representations about third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked via Our Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.

18.6  When you use Our Site, you’ll see that We offer you recommendations, showing Goods we think you might like. These are based on your past purchases, top sellers, ratings and recently-viewed Goods. We determine your interests and suggest new Goods you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant Goods.

 

19.  Other Important Terms

19.1  We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions and the suspension or cancellation of your registration and your right to use Our Site shall not affect either party’s statutory rights or liabilities.

19.2  The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 

19.3  If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

19.4  No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

19.5  We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.

19.6  Nothing said by any sales person on Our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

20. Law and Jurisdiction

20.1  These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2  Any disputes concerning these Terms and Conditions, the relationship between you and Us, the Goods or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

FOR THE TRANSACTIONS SET OUT BELOW THE ABOVE TERMS AND CONDITIONS APPLY. IN ADDITION THE TERMS AND CONDITIONS BELOW ALSO APPLY AND IF THERE IS ANY CONFLICT BETWEEN  THE TERMS AND CONDITIONS ABOVE AND THOSE SET OUT BELOW THE TERMS AND CONDITIONS BELOW SHALL TAKE PRECEDENCE.

 

21. TERMS APPLYING ONLY TO BESPOKE PRODUCTS FOR BUSINESS ORDERS

Clause 12 of these Terms and Conditions does not apply to business orders. For business or corporate purchasers of bespoke Goods the following shall apply:

21.1  all necessary artwork must be received by us at least 28 days before the intended delivery date of the products. You will be required to pay for any artwork and associated costs at the rates quoted for each product on Our Site;

21.2  We have your permission to use your artwork and logos for the purposes of printing and fulfilling the order;

21.3  the design and layout of the artwork must be approved by an authorised person within your business prior to any printing being carried out; and

21.4  where bespoke artwork has been requested and approved in accordance with this clause 21 and the order is subsequently cancelled by the business or corporate purchaser, a payment of 60% of the invoice value of the products must be paid to us.

 

Gift Card/Vouchers Terms & Conditions

For the purposes of these terms and conditions ‘Gift Cards’ refers to both Gift Cards/Vouchers and electronic eGift Cards/Vouchers unless otherwise stated.

Gift Cards are accepted online and in store as a method of payment. They can be activated with a minimum value of £5.00 and have a maximum value limit of £5,000 or countries currency equivalent.

To use your Gift Card online at dessertballers.co.uk simply enter the number on the Gift Card at the checkout page to redeem the credit towards your purchase. Any balance remaining after your transaction will remain on the Gift Card.

The value on the Gift Card will expire if not used, credit redeemed or credit topped up within 24 consecutive months from the date of activity.

Gift cards are exempt from all offers online and in store, they cannot be discounted or used to purchase another Gift Card.

The Gift Card is not a cheque guarantee, credit, debit or charge card and cannot be exchanged for cash, returned or refunded, except in accordance with your legal rights. Gift Cards cannot be used for payment in Dessert Ballers franchises, concessions, in third party department stores or independent retail outlets.

You can credit and top-up stored value on your Gift Card by cash, credit or debit card in store. The minimum value you can credit your Gift Card with each time is £5.00; the maximum amount is £5,000. The maximum credit value you can store on your Gift Card at any time is £5,000.

A Gift Card is intended for your personal use and, as such, you are not entitled to sell, distribute or otherwise make any commercial use of your Gift Card. For the avoidance of doubt, this shall not prevent you from giving a Gift Card as a gift, provided that such gifting is not part of or connected to any commercial activity, unless otherwise agreed in writing with Dessert Ballers.

You may obtain information about the remaining balance on the card in store, online or, once registered, via your online account or by calling us on 0333 014 2564.

We reserve the right to amend these terms & conditions in relation to our products and the purchase of them, where we consider it reasonable and necessary to do so. The terms do not affect your statutory rights.

 

Gift Experiences Terms & Conditions

All guests must pre-book a date and time.

Full payment must be made at the time of booking.

Late or early arrival will be accommodated as best as possible although entry cannot be guaranteed. Arrivals after stated last entry time will not be allowed entrance.

Dessert Ballers reserves the right to vary prices and timings without prior notice, in addition to this we reserve the right to alter, close or withdraw attractions without notice.

Children under the age of 18 must be accompanied by an adult. Unless otherwise stated.

Dessert Ballers reserves the right to refuse admission.

Tickets purchased are non-refundable and the date is non transferable after 48 hours before the event.

Smoking is prohibited on our premises.

Dessert Ballers shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials.

Private Events – Prompt arrival is necessary to ensure the smooth running of your experience. Please aim to arrive 15 minutes before the commencement of your experience. Groups and individuals arriving more than 15 minutes late are subject to cancellation. An increase to guests numbers must be advised a minimum of 48 hours prior to commencement of the event.

Corporate Events – Minimum number of guests is 10. Payment is required for minimum numbers (10) to confirm the booking. Final numbers must be confirmed one week prior to the event and you will be invoiced for the remaining balance. No refunds will be made if guest numbers fall below 10.

Please note Dessert Ballers’ experience events are not sales-orientated. Guests will always be informed where they can purchase what they taste if they so wish, but the objective of the experience is enjoyment and education, and never sales.

The purchase of Gift Experiences are exempt from all discounts and rewards.

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