Please read the following carefully.
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
– excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
– excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Notification of Changes
Tracey’s Tempting Treats may change or withdraw any part of Tracey’s Tempting Treats, or may refuse you access to the web site at any time if we consider it necessary.
Tracey’s Tempting Treats may also terminate this Agreement and immediately remove, cancel or suspend access to and use of Tracey’s Tempting Treats upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Tracey’s Tempting Treats’s other rights.
Tracey’s Tempting Treats acts as principal on its own account and not as agent for you or any other person.
If Tracey’s Tempting Treats does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Tracey’s Tempting Treats’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Tracey’s Tempting Treats and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming Tracey’s Tempting Treats at the UK and EU market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Shopping with Tracey’s Tempting Treats
You can order products online via this website.
When you place an order for a product in any of the ways described above (“order”) you are offering to buy it for the price stated, subject to these Terms.
When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the product is available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the products purchased. If the product is not available we will also let you know by email.
All new orders are deemed separate and each is treated individually.
Tracey’s Tempting Treats may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your Statutory Rights.
The price for each product is shown on Tracey’s Tempting Treats and includes V.A.T at 20%.
We always try to make sure that the prices on Tracey’s Tempting Treats are accurate but errors may occur. If we discover an error in pricing of the products in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your order at the correct price or cancelling it. (If we are unable to reach you we will treat the order as cancelled). If an order is cancelled, any payment made for the products will be refunded in full.
You will be notified of the delivery costs automatically before you submit your credit card details, based on the size of your order and the delivery address you specify.
Prices are quoted on Tracey’s Tempting Treats in UK pounds – outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds are in UK pounds and Tracey’s Tempting Treats cannot be held responsible for any loss due to exchange rate fluctuations.
Non-EU customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be – please consult your local customs office for more information.
You must pay for your order before it is delivered and you can do so by credit or debit card (via the website), gift voucher, cheque or Postal order. The only exceptions to this are for corporate accounts where it is pre-agreed by Tracey’s Tempting Treats that the company can pay by invoice. Invoice terms are 7 days.
To ensure that shopping online is secure, your credit/debit card details are highly encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
Your debit/credit card company may also do security checks to confirm it is you making the order.
Tracey’s Tempting Treats Gift Vouchers
Gift vouchers must be redeemed online at Tracey’s Tempting Treats within 1 year of purchase and cannot be used for orders already placed.
If the value of the order exceeds the value of the Tracey’s Tempting Treats gift voucher, the balance must be paid by credit or debit card.
Unused balances will be held within the recipients voucher for the same period.
Vouchers have a cash redemption value of 0.001p.
If you have received a promotional gift voucher from Tracey’s Tempting Treats, only one such Gift Voucher may be redeemed per purchase.
We try to keep Tracey’s Tempting Treats as up to date as possible but, due to the nature and limited availability of the old-fashioned sweets that we sell, we cannot guarantee that particular product will always be available. If we can’t supply a product we reserve the right to replace it with an alternative sweet. We may also offer you the option of having the product sent to you as a back order (to follow the remainder of your order as soon as the product becomes available) or, alternatively, we will refund or re-credit your account with the amount debited by us.
All offers are available while stocks last. If we are unable to supply a product you have ordered, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund you the money you have paid for it.
Tracey’s Tempting Treats delivers to destinations inside and outside the UK.
You will be notified of the delivery costs automatically before you submit your credit card details.
Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company should contact you by telephone once your products are in customs to let you know the charge due or else you should consult your local customs office. Unfortunately we cannot advise you what these charges will be and Tracey’s Tempting Treats is not responsible for them.
UK orders are despatched either by Royal Mail or by Courier. Our couriers may require a signature and operate between 9am and 5pm on weekdays only, so please specify an address where someone will be able to sign for your products between these hours.
We will make every effort to deliver within the time stated on Tracey’s Tempting Treats but we will not be liable for any loss caused to you by late delivery.
If the products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your order, as quickly as possible, or if you wish you may cancel your order and we will refund the money you have paid. Please note that while items sent by Royal Mail usually arrive within 2-3 days, Royal Mail stipulate that only items still not delivered after 15 working days can be officially classified as lost.
Please order from Tracey’s Tempting Treats with enough lead-time to prevent any loss or disappointment resulting from the delivery time as Tracey’s Tempting Treats cannot be responsible for this.
This does not affect your statutory rights as a consumer.
Copyright and Trade Marks
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Tracey’s Tempting Treats does not give you any right or interest in any copyright or intellectual property rights in any product nor the right to copy them.
The copyright in Tracey’s Tempting Treats and the content of all the software, web site and pages relating to the Tracey’s Tempting Treats web site is owned by, or licensed to Tracey’s Tempting Treats, unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of Tracey’s Tempting Treats, all photographs on it and its marketing materials.
You may use Tracey’s Tempting Treats for private and personal non-commercial use only – i.e. to view, copy and print portions of Tracey’s Tempting Treats for the sole purpose of placing orders. The materials on Tracey’s Tempting Treats may not be used for any other purpose.
Tracey’s Tempting Treats and our logos are trade names or trade marks of Tracey’s Tempting Treats and may not be used by anyone else without our express permission. We are the owners of unregistered trade mark rights in them.
However, Tracey’s Tempting Treats does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on Tracey’s Tempting Treats belong to their respective owners.
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible. These terms do not affect your statutory rights.
We will try to attend to all returns as soon as practically possible.
Our policy is to ensure that you are satisfied every time you place an order with Tracey’s Tempting Treats. If you are unhappy with an item when you receive it or if you simply change your mind please return it to us within 30 days, with the despatch note, in unused condition, having taken reasonable care of it and in an unused state complete with packaging and all components, and we will refund you the price you paid for that product (excluding P&P).
We will make the refund directly to the credit/charge card used to place the original order within 30 days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
You will only have to pay for the return postage of the products.
Certain products and services are excluded from this returns policy, including food/perishable items, personalised products or those made to order. These items cannot be returned for a refund unless faulty. products excluded such as these are clearly marked on the product information page. This does not affect your statutory rights.
We try to select and package the products as well as possible to ensure they arrive in good condition. However, if a product arrives damaged or with defects, or is not what you ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the product to us at the postal address below within 30 days of receipt.
In these circumstances we will also pay you the cost of the return postage. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs. For help with items later than 30 days after your initial purchase please email us for more information. This does not affect your Statutory Rights.
Returning Unwanted or Faulty products
Please contact us by telephone (on 02380 200559) or email sales@Tracey’sTemptingTreats.com to inform us of your wish to return products.
We may allocate you with a Returns Code which should be included with the package to improve processing of your return.
We may also advise you how to send the item back to us. Occasionally items may have to be picked up by a courier service. Otherwise, please use a secure delivery method which requires a signature upon receipt (such as via Royal Mail First Class Recorded Delivery) and return to:
Tracey’s Tempting Treats
Unit 13 Cubic Solutions
516 Portsmouth Road
You will be responsible for the returned products until they reach us.
Tracey’s Tempting Treats Responsibilities
Tracey’s Tempting Treats has tried to make the descriptions (including all pictures) of the products as accurate as possible but you should check the dimensions stated on Tracey’s Tempting Treats or contact us for exact sizes.
Tracey’s Tempting Treats will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet Tracey’s Tempting Treats provides and maintains Tracey’s Tempting Treats website on an “as is”, “as available” basis and makes no promise that use of Tracey’s Tempting Treats will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use Tracey’s Tempting Treats in breach of these terms you will be liable to and will reimburse Tracey’s Tempting Treats for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Tracey’s Tempting Treats’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Tracey’s Tempting Treats will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Tracey’s Tempting Treats is not involved in the manufacture of products. Where we state information as to the contents of the sweets (e.g. whether they contain sugar, gluten or gelatine) we reproduce wherever possible the information provided by the manufacturer. We do not guarantee the accuracy of this information.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Tracey’s Tempting Treats excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Tracey’s Tempting Treats and Tracey’s Tempting Treats shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to: