TERMS & CONDITIONS
TERMS & CONDITIONS
Healthy Creations Limited: website terms and conditions for the supply of goods.
These Terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Goods, please check these Terms to ensure you understand the terms that will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.Information about us
1.1We operate the website found at www.sweetdeceits.com. We are Healthy Creations Limited, a company registered in England and Wales under company number 09702424 and with our registered office at Unit 5, The Cobden Centre, Vere Street, Salford, Manchester, M50 2PQ.
1.2 Contacting us
(a)If you wish to contact us for any reason, including because you have any complaints, email us at email@example.com, complete the contact form which can be located on our site or write to us at our registered address.
(b)If you are a business and wish to contact us, please email us at firstname.lastname@example.org.
(c)If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
2 .Our Goods
2.1 From time to time we may change the Goods available for sale on our site, and we do not undertake to continue the supply of any specific product or type of product.
2.2 The images of the Goods on our site are for illustrative purposes only. Your Goods and their packaging may vary slightly from those images.
2.3 Given the restrictions on setting up a PayPal account, you will need to be over the age of 18 to place an order with us using Paypal. You can however place an order with us by credit or debit card, so long as that card is in your sole name. If the card is in joint names or under the responsibility of your parent or guardian, you will need their express consent to use that method of payment.
3. Use of our site
Our Terms of Website Use govern your use of our site. Please take the time to read these, as they include important terms that apply to you.
4. How we use your personal information
5. How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. If you are ordering Goods for the first time, you will have the choice to go straight to check out to place your order, or to create an account by registering your details. By creating an account your details will be stored on our site and it will be quicker and easier to place further orders with us in the future. If you already have an account with us, you will have the option to sign in before you place an order.
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. If after submitting your order to us you become aware of any errors, you have 12 hours from the time of submitting your order to email us at email@example.com to identify and amend the errors. If you contact us after that time, we will use our best efforts to assist you but it may be that your Goods have already been dispatched.
5.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm our acceptance of your order by sending you an email that confirms that the Goods are available to be dispatched (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
5.5 If we are unable to supply you with a Good, for example because that Good is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by email and we will not process your order. If you have already paid for the Good, we will refund you the full amount including any delivery costs charged as soon as possible.
6.Our right to vary these Terms
6.1 We amend these Terms from time to time and will publish the amended version of the Terms on our site.
6.2 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a)changes in relevant laws and regulatory requirements;
(b)changes in the operation of Healthy Creations Limited.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your consumer right of return and refund
7.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a Good, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of:
(a) the supply of Goods that are custom made on the basis of an individual choice or decision by you, or Goods that are clearly personalised;
(b) any Goods that are not suitable for return due to health protection or hygiene reasons; and
(c) any Goods that have been stained or otherwise damaged whilst in your possession, including the opening of food packaging.
7.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Good.
The end date is the end of 14 days after the day on which you receive the Good.
Example: if we provide you with an Order Confirmation on 1 January and you receive the Good on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Goods that are delivered on separate days.
The end date is 14 days after the day on which you receive the last of the separate Goods ordered.
Example: if we provide you with an Order Confirmation on 1 January and you receive the first of your separate Goods on 10 January and the last separate Good on 15 January you may cancel in respect of any or all of the separate Goods at any time between 1 January and the end of the day on 29 January.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at firstname.lastname@example.org with your name and details of your order. We will then email you to confirm that we have received your cancellation.
7.5 If you cancel your Contract we will:
(a)refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by you handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b)make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i)20 days after the day on which we receive the Good back from you or, if earlier, the day on which you provide us with evidence that you have sent the Good back to us. For information about how to return a Good to us, see clause 7.10;
(ii)if you have not received the Good, 20 days after you inform us of your decision to cancel the Contract.
7.6 Save for the provison of clause 7.7 relating to Goods that are faulty or not as described, we will not refund any delivery costs to you if you cancel your Contract.
7.7 If you have returned the Goods to us under this clause 7 because they are faulty or not as described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.8 If you return Goods to us in breach of this clause 7, and you do not have any other legal right to refund or exchange the Goods, we may decide not to provide a refund. We will confirm this to you in writing.
7.9 Unless expressly agreed otherwise, we will refund you by the payment method that you used to purchase the Goods.
7.10 If a Good has been delivered to you before you decide to cancel your Contract:
(a)then you must return it to us without undue delay and in any event not later than 14 days after the day on which you receive the Good that you wish to cancel the Contract. You can send it back to our registered address.
(b)unless the Good is faulty or not as described (in this case, see clause 7.7), you will be responsible for the cost of returning the Goods to us.
7.11 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date, which will be within 1 and 7 days after the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally, an Event Outside Our Control may affect our delivery to you. See clause 13 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, a note will be left advising that the Goods have been returned to the premises of the carrier. The carrier will usually be Royal Mail, UPS and/or Hermes. You will need to contact the carrier directly to rearrange delivery or collection.
8.3 Delivery of an order shall be completed when we deliver the Goods to the address you gave us and a signature is obtained acknowledging delivery. The Goods will be your responsibility from that time.
8.4 If you have paid for the Goods by debit card, credit card or through your Paypal account you own the Goods once we have received payment in full, including all applicable delivery charges, and you have received Order Confirmation from us.
We currently deliver to selected European Countries, please ask for futher details.
10. Price of Goods and delivery charges
10.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Goods you order.
10.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Good includes VAT (unless it is expressly stated that the price is exclusive of VAT) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
10.4 The price of a Good does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 Our site contains a number of Goods. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you by email or telephone to inform you of this error and we will give you the option of continuing to purchase the Good at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
11. How to pay
11.1 You can only pay for Goods in advance through your Paypal account or using a debit or credit card. A list of accepted credit and debit cards will be displayed at check out.
11.2 Where payment for the Goods and applicable delivery charges is in advance, we may withhold the dispatch of the Goods and write to you cancelling the order for the Goods if we do not receive payment from you.
11.3 If you make an unjustified payment by Paypal, credit card, debit card or other charge-back, you will be liable to pay us within 7 days following the date of a written request from us;
(a)an amount equal to the amount of the charge-back;
(b)all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c)all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this clause (including, without limitation, legal fees and debt collection fees),
11.4 If you fail to recognise or fail to remember the source of an entry on your Paypal account, credit or debit card statement, or other financial statement, and make a charge-back to us as a result, this will constitute an unjustified charge-back for the purposes of this clause 11.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2We only supply the Goods online for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3We do not in any way exclude or limit our liability for:
(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d)any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e)defective Goods under the Consumer Protection Act 1987.
13.Events outside our control
13.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a)we will contact you as soon as reasonably possible to notify you; and
(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 8 weeks. To cancel please contact us. If you opt to cancel, you will have to return any relevant Goods you have already received and we will refund the price you have paid excluding delivery charges.
14.Communications between us
14.1When we refer in these Terms to "in writing" this will include email.
14.2You may contact us as described in clause 1.2.
15.Other important terms
15.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6English law governs these Terms. This means that English law will govern a Contract for the purchase of Goods through our site, and any dispute or claim arising out of or in connection with it. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
Other applicable terms
If you purchase goods from our site, our Terms and Conditions will apply to the sales.
Information about us
www.sweetdeceits.com is a site operated by Healthy Creations Limited (“We”). We are registered in England and Wales under registration number 09702424 and our registered office is at Unit 5, The Cobden Centre, Vere Street, Salford, Manchester, M50 2PQ. The term ‘you’ refers to the user or casual viewer of our website.
Changes to these terms
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
If you choose a username, password or any other piece of information as part of creating an account, you must treat such information as confidential. You must not disclose it to any third party.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Limitation of our liability
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in our terms and conditions.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.
We are committed to ensuring that your privacy is protected and seek to abide by the letter and spirit of the guidelines laid out by the UK Information Commissioner’s Office in the document ‘Privacy Notices – Code of Practice’.
We may change this policy by updating this page. You are advised to check this policy from time to time to ensure that you have read the most up to date version and that you are happy with any changes. This policy is effective from January 2016.
Who we are
More formally, we are Healthy Creations Limited. We operate the website found at www.sweetdeceits.com and our registered address is at Unit 5, The Cobden Centre, Vere Street, Salford, Manchester, M50 2PQ.
What user information we would like you to give us
We may ask you to provide your name, contact information (including an email address) and payment details in order to make a purchase from our website or create an account. If you create an account, you can change these details once you are logged into the website. From time to time we may also ask you for demographic information such as postcode, preferences and interests and other information relevant to customer surveys and/or offers. You can provide this additional information at your discretion.
What we do with your information
Information submitted to Sweet Deceits will be processed:
1. To better understand your needs and provide you with a better service.
2. For internal record keeping.
3. To improve our products, features and services.
4. To periodically send promotional emails to you about new products, special offers or other information that we think you may find interesting.
5. From time to time, to contact you for market research purposes. We may contact you by email, phone or email.
6. To customise the website according to your interests.
7. To provide commercial services to our clients based on anonymous and aggregated data created by people using our service.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties, which we think you may find interesting if you tell us that you wish this to happen.
How long we intend to keep your information
We will keep your data for as long as that you have a live account on our website. You can delete your profile by contacting us by email at email@example.com.
If you delete your account the data will disappear from our service; however, there will be a period during which your data will be held on our back-up systems. After this, all content that you created on our website will be deleted permanently.
Where we hold your information
The information and content held on our platform is deployed geographically to maximise user experience.
We hold our website through Go Daddy and use Wix as a website management system. We remain responsible at all times for the security of your information, but if you want to know more about how we interact with Go Daddy or Wix you can view their privacy policies, amongst their other policies, on their websites.
What we do to ensure the security of your personal information
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
As part of our overall approach to privacy and transparency, this section describes what cookies are in the context of our web and mobile interfaces, and what their use means to you. At the end, we've included some links to help you research cookies and their impact, and how you can use your web browser to control the way it manages cookies.
A cookie is a small file that asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
List of services we use which se their own cookies:
1. We use Google Analytics to understand general trends about our content and traffic sources: for example, where users come from, which pages are most popular, which sites provide most traffic, how our marketing efforts impact the amount of visits we receive. Google's statement about privacy is here: http://www.google.co.uk/intl/en/analytics/privacyoverview.html
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
Your rights regarding your personal information
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org.
You may request details of personal information that we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to our registered address.
If you believe that any information we are holding on you is incorrect or incomplete, please write to our registered address or email us at email@example.com. We will promptly correct any information found to be incorrect.
Returns & Replacements:
We are committed to providing great products and great customer service. If for any reason you are unhappy with your purchase, simply drop us an email at firstname.lastname@example.org within 7 days of purchase and we will reply with a returns form. Please then return your item to us in its original condition within 7 days and we’ll exchange the item or refund the purchase price.
Returning Items by Mail :
Fill out the following information on your return form when you returning the goods.
State the item(s) you are returning.
State the reason for the return.
Indicate whether you would prefer a refund to the credit/debit card originally used, a cheque, or an exchange.
Package the return securely (in the original packaging if possible) and include the original invoice. Packages must be returned pre-paid, and for your own protection, we recommend you use a recorded delivery service. If you want the delivery charge refunded please remember to include the receipt for this cost.
Send the package to:
Sweet Deceits c/o Healthy Creations Ltd
Unit 5, The Cobden Centre, Vere Street, Salford, Manchester, M50 2PQ
Please note that refunds for cancellation and/or returns will be processed in the same form of payment originally used.