The following Terms and Conditions are between the Customer (hereafter referred to as "you" or "your") and Montague’s Candy Ltd. (hereafter referred to as "Montague’s", "we", "us" or "our").

 

By submitting an order and making a purchase on www.montaguescandy.co.uk you are agreeing to the terms and conditions set out below.

 

By agreeing to these terms and conditions you confirm that you are:

A registered customer of this website and that all information you have provided is full & correct

Over 18 years of age.

Agreeing on Montague’s Candy collecting and using your information for marketing purposes.

 

Purchase Contract

These Terms and Conditions cover all purchases made on this website. We reverse the right to amend these Terms and Conditions at any time. Before placing an order, it is your responsibility to ensure that you understand the Terms and Conditions relevant to your order.

Once an order is received, we will confirm it’s receipt by email. Please ensure that the email address you have provided is accurate as this is how all our communication regarding the will be sent to you.

 

Availability

All products ordered are subject to availability. Our bespoke products are made to order and may need custom labels to be printed. This could result in a slight delay. But we will always endeavour to process these orders as soon as we can and will keep you updated where possible. This also applies to Bulk and Wholesale orders. To ensure freshness we often make these to order too.

 

Pricing

Prices on the website are liable to change without prior notice. Orders that have already been paid for will not be affected.

In the event that we have made a pricing error, and the order hasn’t been dispatched we reserve the right to cancel the order and give a full refund.

The prices shown on the products page where purchases are made are including VAT.

On the Bulk Buy / Wholesale page, where orders will be processed out of the website, the prices are excluding VAT. And do NOT include delivery. As this is dependent on how much is ordered and the delivery location. If labels are required, these are not included in the price either. A full quote will be provided showing all these costs. Once you agree to the quote a Pro-Forma will be emailed to you.

 

Payment

Payment must be received in full before your order will be dispatched. We accept payment by debit or credit card and/or PayPal.

When making a Bulk / Wholesale order we will send a Pro-forma that will have to be paid prior to the product going into production.

The ownership of the product(s) shall not pass to the customer until funds have cleared our bank.

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Dispatch

If the order is all in stock we will try to dispatch on the same working or the following morning(Monday – Friday) Orders placed and paid for on a weekend will be sent out on Monday.Delivery

On-line purchases include Tracked 48 Delivery and will be made to the address you provide. We cannot accept any liability if the delivery address entered on the order is incorrect and this results in a miss-delivery or re-delivery.

We cannot guarantee delivery dates, and we accept no liability if the delivery extends beyond the specified time frame. If a parcel is lost or delayed, we will contact our delivery provider to see if they have any further information.

Once your order is passed on to the delivery company all liability is passed on to them and not with Montague’s Candy. We will not issue a refund until we have investigated with the courier and are satisfied that the order was not delivered. Bulk / Wholesale orders will be arranged separately to the website and we will inform arrange with the customer a suitable delivery date.

Please inspect your order within 24 hours of delivery for damage and to check the contents are correct. If the package is visibly damaged on delivery, please make sure this is pointed out to the courier/ delivery company. We will take no liability for damages if the order has been accepted as in good condition.

If there are any damages, missing or incorrect items have been sent then please take photos and notify us within 24 hrs montaguescandy@gmail.com Once we have looked investigated we will decide if a partial / full refund will be issued or if replacements be sent.

We will not accept liability for discrepancies if notified to us later than 24 hours after delivery.

The risk on all products shall pass to you upon delivery.

 

Cancellations

On-line orders may be cancelled before they are dispatched, and a full refund will be issued.

Bulk / Wholesale orders can only be cancelled if production of the order in the factory has not been started. We will advise you if this is the case. But any costs incurred by us, (eg. custom labels) will be deducted from any refund.

Custom / Personalised / Bespoke orders CANNOT be returned unless they are faulty. We require photograph evidence, within 24 hours if the goods are incorrect. We will then come to a decision as to whether a partial / full or no refund will be applied. We cannot take responsibility or liabilty if the custom details (Rock Lettering, Label details, Colours and Flavours) given to us by the customer at the time of order are incorrect. It is the customer responsibility to ensure these are correct. This is also the case if the customer approves a customised label.

If an online order has already been dispatched and the customer still wants to return it, then they are responsible for the cost of the return delivery. We will then issue a refund less the original delivery costs that were included in the price and an administration fee of £8.00.

Liability

If we fail to comply with these terms and conditions, we are responsible for loss and or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to our maximum liability the amount of the total purchase price paid by for the products. However, we are not responsible for any loss or damage that is not foreseeable.

Termination

If there is a risk of loss or liability to us, we reserve the right to terminate your account at any time and restrict access to the website.

Events out of our control

We will not be liable or responsible for any delay or failure to provide goods as set out in these terms and conditions if the reason is caused by events outside of our reasonable control.

Including but not limited to:

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• Strikes, lock-outs or other industrial action. (whether involving employees of the Seller or of a third party)

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war).

• Import or export regulations or embargoes

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.

• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

• Impossibility of the use of public or private telecommunications networks.

• The acts, decrees, legislation, regulations or restrictions of any government.

• Non-performance by suppliers or subcontractors.

• Difficulties in obtaining raw materials labour, fuel, parts or machinery;

• Power failure or breakdown in machinery.

 

Packaging

All our packaging meets requirements UK Food Packaging Requirements. It is the customers responsibility to contact us prior to purchase if they have any queries regarding Ingredients.

The packaging may from that on the photographs

 

Waiver

If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under any 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from your compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by email or recorded letter.

 

Entire agreement

These terms and conditions and any document referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us, prior to such contract, except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

 

Third party rights

No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.

 

Copyright

The content of this website is owned by Montague’s Candy Ltd. This material includes, but is not limited to, photos, images, layout, graphics, look and appearance. You can only use this site for your own personal, non-commercial use, in order to place orders through the website.You may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from this website. You may not use this website or its content for any commercial purpose; including the collection and use of any listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy any account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent from us. Any unauthorised use terminates any permissions granted.

 

Password and security

At the time of your registration you will receive a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We cannot be held liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

 

Privacy

The use of your personal information is covered by the Privacy Policy that is listed at the bottom of our Home page.