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A DEMAIN LTD – Terms and Conditions

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Information about us and how to contact us

2.1 Who we are. We are A Demain Ltd a company registered in England and Wales. Our company registration number is 10843040 and our registered office is at 41 Brewster Gardens, London W10 6AQ. Our registered VAT number is 274 5035 06.

2.2 How to contact us. You can contact us by writing to us at contact@ademain-pastry.com or telephoning our customer service team at 07449 181882. We prefer that you contact us by email, but if you phone us and leave a message, we will get back to you as soon as possible.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we cannot deliver to your location or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Delivery area. We can only deliver products to addresses within the area of London shown on the map in the link https://ademain-pastry.com/shipping-info/

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade and contain natural ingredients, the product may vary from that shown in the images on our website.

4.2 Taste. Since taste is a very personal matter and subjective we cannot accept the rejection of any products merely because you do not like the taste.

4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact aus. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

We may change the product:

  • (a) to reflect changes in relevant laws and regulatory requirements; and
  • (b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. Providing the products

7.1 Delivery costs. The options and costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products. During the order process you will be able to choose a suitable time slot for delivery of the products to you. You are responsible for ensuring that you are available to accept delivery during the time slot you have chosen

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 Delivery process. You are responsible for ensuring that you act in accordance with any instructions provided in relation to the delivery of your products. You must treat any username and password used to access the delivery service as confidential, and must not disclose this information to any other person.

7.5 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.

7.6 When you own goods. You own a product once we have received payment in full.

7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address and phone number. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8. Your rights to end the contract

8.1 You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer:

  • (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
  • (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  • (a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  • (b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
  • (c) you have a legal right to end the contract because of something we have done wrong.

8.3 Your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). Your right as a consumer to change your mind does not apply in respect of the sale of perishable goods such as the products sold by us.

9. How to end the contract with us

9.1 Tell us you want to end the contract. To end the contract with us for a reason set out in clause 8.1, please let us know by doing one of the following:

  • (a) Email or phone. Email us at contact@ademain-pastry.com  or call customer services on 07449 181882. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • (b) Online. Complete the contact form on our website.In addition, if you end the contract because what you have bought is faulty or misdescribed, you must send us full details and photographs of the fault and/or misdescription as detailed in clause 11 and clause 12.

9.2 How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.3 When your refund will be made. We will make any refunds due to you as soon as possible.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name and address.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, you must contact us within 3 days of delivery of the product, given the perishable nature of the products. You can write to us at contact@ademain-pastry.com or telephone our customer service team at 07449 181882.

12. Your rights in respect of defective products if you are a consumer

12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product (which is 3 days) your legal rights entitle you to get an immediate refund if your goods are faulty.

12.2 Your obligation to provide evidence of rejected products. If you wish to exercise your legal rights to reject products you must send us full details and photographs of the fault and/or misdescription

13. Your rights in respect of defective products if you are a business

13.1 If you are a business customer we warrant that on delivery any products shall:

  • (a) conform in all material respects with their description;
  • (b) be free from material defects in design, material and workmanship;
  • (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  • (d) be fit for any purpose held out by us.

13.2 Subject to clause 13.3, if:

  • (a) you send us notice, including full details and photographs, within 3 days of delivery demonstrating that a product does not comply with the warranty set out in clause 13.1; and
  • (b) we are satisfied that the products we supplied do not comply with the warranty set out in clause 13.1 based on the information and photographs you provide to us,;

we shall, at our option, replace the defective product, or refund the price of the defective product in full.

13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:

  • (a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
  • (b) the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the product or (if there are none) good trade practice;
  • (c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
  • (d) you alter or repair the product without our written consent; or
  • (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.

13.5 These terms shall apply to any replacement products supplied by us under clause 13.2.

14. Price and payment

14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

14.4 When you must pay and how you must pay. We accept payment with as described on our website. You must pay for the products at the time of order.

14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

15. Our responsibility for loss or damage suffered by you if you are a consumer

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1; and for defective products under the Consumer Protection Act 1987.

15.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

16. Our responsibility for loss or damage suffered by you if you are a business

16.1 Nothing in these terms shall limit or exclude our liability for:

  • (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • (b) fraud or fraudulent misrepresentation;
  • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • (d) defective products under the Consumer Protection Act 1987; or
  • (e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3 Subject to clause 16.1:

  • (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

17. How we may use your personal information

17.1 How we will use your personal information. We will use the personal information you provide to us:

  • (a) to supply the products to you;
  • (b) to process your payment for the products; and
  • (c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

17.2 We must provide your personal information to the delivery company we use to supply your products, but, except for that, we will only give your personal information to third parties where the law either requires or allows us to do so.

18. Other important terms

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

18.7 Alternative dispute resolution if you are a consumer. If you have a dispute with us which cannot be resolved amicably, the European Commission provides a platform (the ODR platform) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.

18.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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