Terms & Conditions.

Update 14 June 2020

Storm in a Teacup Coffeehouse Limited is registered in England and Wales under company number 11544104.

Our registered office is at 17 Croftfield Crescent, Newton, Swansea, United Kingdom.

Overview

This agreement is made between you, the User of this Website and Storm in a Teacup Coffeehouse Limited (trading as ‘Storm in a Teacup Coffeehouse’ and ‘Storm in a Teacup The Bakes’), the owner(s) of this Website. By you accessing and using this website it is deemed that you agree to comply with and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. This Website is not intended to constitute a contractual offer capable of acceptance. Your order with us constitutes a contractual offer and our acceptance of that offer is deemed to occur upon us sending a confirmation email to you indicating that your order is now complete.

1. Definitions In this Agreement:

“Supplier or us or we”

means Storm in a Teacup Coffeehouse Limited;

“Customer or you”

means you the customer;

“Content”

means any content in any form published on Our Website by us or any third party with our consent;

“Goods”

means any products that Storm in a Teacup Coffeehouse advertises and/or makes available for sale through this Website;

“Storm in a Teacup”

means Storm in a Teacup Coffeehouse Limited, company number 11544104;

“Local Delivery”

means Swansea area only within the M4 perimeter;

“User” / “Users”

means any third party that accesses the Website and is not employed by Storm in a Teacup Coffeehouse; and “Website” means the website that you are currently using (http:// storminateacupcoffeehouse.co.uk).

2. Placing an order

2.1 All orders must be placed through our website.

2.2 A description of the goods is included on the website including all ingredients and allergens. By placing an order through our website it is deemed that you have reviewed these ingredients and allergens. If you are placing an order for persons other that yourself, it is deemed that you are accepting liability that the ingredients and allergens are suitable for consumption by those persons.

2.3 Storm in a Teacup Coffeehouse does not cater to people with allergies, intolerances and/or special dietary requirements. All boxes may contain wheat, dairy, soya, nuts, peanuts and tree nuts.

2.4 Payment must be received in full before orders are accepted including all delivery fees. Please see clause 4 for delivery information.

2.5 You will receive a receipt upon placing an order outlining your order, total cost including shipping costs and shipping address. Please check these details and contact immediately if anything is incorrect.

2.6 Your order will be only be confirmed by us once you have received an email from us marking your order is complete. If we are unable to complete your order you will be issued with a refund.

3. Goods, Pricing and Availability

3.1 We will endeavour to ensure that all images and descriptions of Goods for sale on our website correspond with the actual Goods, however due to the nature of the Goods on sale there may be slight variations to what is delivered. This does not exclude our liability for mistakes due to negligence on our part or different Goods altogether.

3.2 You may be required to select the required size, variety and other features of the Goods that you are purchasing.

3.3 Storm in a Teacup Coffeehouse does not guarantee that such Goods will be available. Stock indications may be provided on the Website however these may not take into account sales that have taken place during your visit to the web site.

3.4 There may be occasions where ingredients may not be available to complete orders. If this is the case, we will contact you to arrange a suitable alternative or refund.

3.5 All pricing information on the Website is correct at the time of going online. Storm in a Teacup Coffeehouse reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

3.6 All prices on the Website do include VAT.

4. Delivery

4.1 Currently Cakes and Bake are only available as Local Delivery only. Local delivery is from Central Swansea up to the M4 perimeter. If you are unsure if you are in our delivery range, please contact us via our contact page.

4.2 Local delivery of Mixed Treat Boxes, Cupcake Boxes and other items are made every Friday unless otherwise stated.

4.3 Local delivery is free for orders of £20 or over. Under £20 will incur a £1.50 delivery fee. You must select this option at checkout to secure your order. If you do not select this option, we will contact you to pay the balance. Only once the correct delivery fee has been paid will your order be confirmed. If the delivery fee is not paid, we reserve the right to cancel your order and refund you.

4.4 All other items are available on Local Delivery or Courier Service through Hermes all over the UK.

4.5 Refunds for Cakes and Bakes orders cannot be made after dispatch.

4.6 There may be some wear and tear or light damage to baked goods during transit due to the nature of the goods.

4.7 If we have not received any communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

5. Cancelling an order

5.1 In the event that you wish to cancel an order you can do so no later than 24 hours before dispatch of goods.

5.2 Please use our contact page if you wish to cancel an order and include your name, email and order details including order ID.

6. Returns Policy

6.1 We always aim to provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

6.2 Baked goods are non-refundable unless Goods are faulty. If you believe you have received faulty baked Goods please contact us via our contacts page within 3 days of receiving the items. Baked Goods remain fresh for 3-5 days if stored correctly. We cannot be held liable for the perishable goods consumed outside this time.

6.3 If you receive Goods which do not match those that you ordered you should contact us within 24 hours of receiving the Goods. We will then arrange for collection and refund.

6.4 For non-baked goods you have a right to cancel your order for a limited time only. If you wish to return non-baked goods you must contact us within 14 days of receiving the Goods that you wish to cancel your order. You have another 14 days to return the Goods to us. You will be responsible for cost of returning these Goods. You must return Goods in their original condition with all packaging and documentation. You will have the option of replacing the Goods with an alternative item or you will be refunded through the payment method used by you when purchasing the goods. Refunds and replacements will be issued upon our satisfactory receipt of the returned goods. You will be liable for the delivery costs of the replacement item. No refunds will be provided for delivery costs.

6.5 For Goods delivered locally that are damaged in transit and the damage is apparent on delivery, you should advise the delivery driver immediately. For all other Goods damaged in transit, you must photograph the damage and you should report such damage to us within 10 days and arrange collection and return. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

6.6 If you wish to return Goods to us for any of the above reasons, please contact us using the contact us page. All Goods returned must be sent using a signed for form of delivery. We cannot be held liable for returned goods that we do not receive.

6.7 Storm in a Teacup reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

6.7.1 Any use or enjoyment that you may have already had out of the Goods;

6.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

6.7.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

7. Storage

7.1 Baked goods must be stored in an airtight container as soon as they are received and should last for between 3-5 days.

8. International Customers

8.1 We do not currently ship internationally. Please contact us for further information through our contacts page.

9. Third Party Intellectual Property

9.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

9.2 Subject to Clause 10 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

10. Fair Use of Intellectual Property

10.1 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

11. Links to Other Websites

11.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Storm in a Teacup Coffeehouse or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

12. Links to this Website

12.1 Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://storminateacupcoffeehou... without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission from us. To find out more please contact us via our contacts page.

13. Use of Contacts Page

13.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

13.1.1 You must not use obscene or vulgar language;

13.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

13.1.3 You must not submit Content that is intended to promote or incite violence;

13.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

13.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

13.1.6 You must not impersonate other people, particularly employees and representatives of Storm in a Teacup Coffeehouse or our affiliates; and

13.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

13.2 You acknowledge that Storm in a Teacup Coffeehouse reserves the right to monitor any and all communications made to us or using our System.

13.3 You acknowledge that Storm in a Teacup Coffeehouse may retain copies of any and all communications made to us or using our System.

14. Privacy

14.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the appropriate link.

15. Disclaimers

15.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

15.4 Whilst Storm in a Teacup uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

16. Changes to the Service and these Terms and Conditions

16.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Limitation of Liability

17.1 To the maximum extent permitted by law, Storm in a Teacup Coffeehouse accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

17.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

17.3 Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

17.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

18. No Waiver

18.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

19. Previous Terms and Conditions

19.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

20. Third Party Rights

20.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Storm in a Teacup Coffeehouse.

21. Communications

21.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]storminateacupcoffeehouse.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

21.2 Storm in a Teacup Coffeehouse may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email which you receive from us.

22. Disputes

22.1 In the event you have a complaint regarding a product or service purchased from us please contact us at [email protected]

23. Law and Jurisdiction

23.1 These Terms and Conditions and the relationship between you and Storm in a Teacup Coffeehouse shall be governed by and construed in accordance with the Law of England and Wales and Storm in a Teacup Coffeehouse and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.