You must be over 18 years of age to purchase from Sprinkles & More.
We only offer contracts in the English language.
You should keep a copy of this document for future reference.
1.1 ABOUT SPRINKLES & MORE
Sprinkles & More is a trading name of Ice Cream Direct (Central) Ltd, 77-79 Church Street, Bentley, Doncaster. DN5 0BE. Registered in England 07909031
2. STATUS OF OUR WEBSITE
Our website is our invitation to do business with you and is targeted at customers in the United Kingdom and Northern Ireland. Our website is not a binding legal offer from us, and to purchase from us, you first need to register for an account, and then order from us using the checkout process on this site. A contract is only made when we accept your order. See “Purchasing From Us” below.
Whilst we aim to ensure that the contents of our website, including product information, availability and pricing, are accurate and up to date, there may be errors which we fail to notice. We shall not be liable for any errors in the contents of our website. We reserve the right to correct any errors in our website and its contents, and to change any contents of our website (including products, descriptions, availability, terms, pricing and delivery charges) at any time without notice to you.
3.1 Log-In Details
The username and password you select should be unique and kept secure, and you must notify us immediately of any suspected breach or unauthorised use of your account.
4. ORDERING PROCESS
4.1 Add to Basket
Once you have set up an account, to proceed to order from us, just click the relevant add-to-basket button for the products you wish to order and insert the quantity.
4.2 Checkout and Submitting Your Order
When you are ready to submit your order, click your basket and follow the check-out steps. During the check-out process you will have an opportunity to review, amend and correct your order before submitting it.
All prices are shown in UK pounds sterling, and are shown exclusive of VAT where applicable. Our prices are only valid at the time you visit our website, and may change the next time you visit. Prices on some items may differ from those listed in price lists.
4.4 Delivery Charges
Delivery is free of charge on all orders above the minimum order value of £200 exclusive of VAT. Please see delivery terms and conditions for further details.
4.5 Sales Conditions
All orders submitted to us and sales made by us incorporate and are subject to our sales conditions, and in particular the most recent edition at the time of your order. Please read them carefully. You will be required to accept them prior to submitting an order, and by submitting an order you confirm that you accept them. Our sales conditions are available on request and may be obtained through our website.
4.6 Your order
Any order submitted by you is your offer to purchase the products ordered on and subject to our sale conditions and any descriptions and other terms applied to the products on our website at the time of order.
4.7 Payment Method
We accept payment by Mastercard, Visa, Solo and Switch, and such other cards as may be stated on our website from time to time. Payment is deducted when we receive your order. Unless you are a business and have a credit account with us, payment in full must be received by us before your order will be accepted and dispatched. If your payment cannot be authorised for any reason we will tell you.
Shortly after receipt of your order we will send you an e-mail confirming the products you have ordered. This e-mail is not an acceptance of your order, unless expressly stated in it.
4.9 When a contract is made
For product orders, a contract is made for the sale of all products in your order when we first dispatch, or if sooner, notify you of dispatch, of any of the products in your order. For other orders, a binding contract is formed when we send the order confirmation e-mail.
4.10 Declined Orders
We may decline all or part of your order for any reason, in which case we will let you know as soon as we decide to do so and give you our reasons. Reasons may include that we have not received payment, because the prices are changing, because of any error on our website, or because any of the products you have ordered are not available.
4.11 Out of Stock
We will let you know at or shortly after the time of order if any item is out of stock, when more stock is expected, and what alternatives are available. If we do contact you regarding out of stock items, we will give you a choice as whether to cancel the order, whether to keep the order open until stock comes in, or whether to submit a replacement order for any alternative products.
Please see the delivery information section of our site for information on delivery timescales and arrangements.
4.13 Record of Orders
Your orders will be kept on file by us for such period as we may decide and may be accessed through your online account on our website.
5. DATA PROTECTION
Please see our separate data protection policy for details about how we process personal data.
or inhibit the use or enjoyment of our website by anyone.
6. EXTERNAL WEBSITES
We shall have no responsibility or liability for any website or its content which may link to our website or to which our website may link.
Our website and contracts are in the English language only. We do not offer any other languages at the moment.
8 DISCLAIMER OF LIABILITY – BUSINESS CUSTOMERS
You use our website at your own risk. We make no representation or warranty of any kind express or implied, statutory or otherwise, we assume no duty of care to you or any other person, and we exclude all liability whatsoever (including in negligence), with respect to our website or its contents (including whether it is accurate, complete or up-to-date), or with respect to any loss or damage whatsoever which you may suffer or incur as a consequence of using this website or its contents. We will take all reasonable precautions to keep the details of your orders and payments secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9. YOUR CONDUCT AND CONTENT
9.1 Use of our website
You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for or in connection with any unlawful or criminal activity. You must not seek to gain access unlawfully to our website or any underlying systems. You must not use our website to market or advertise any third party, including any third party products or services.
9.2 Customer review and other interactive functionality
We may offer comment and review facilities and other interactive functionality from time to time, enabling you and others to post content to our website. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time without giving any reason or notice to you. You agree that you will be personally responsible for your use of all interactive functionality and for all of your communication and activity on our website. You agree that we will not be responsible or liable for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using our community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.
9.3 Your content
You shall ensure that anything you post to our website (including text and pictures), whether as a customer review or through our other interactive functionality: (a) reasonably relates solely to us and our products and services and is an expression of provable fact and not unsubstantiated opinion; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, or an expression of prejudice based on race, sex or any other protected characteristic, and is not an incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) is not capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trade marks or our website content; (h) is not personal data of a third party; (h) is not using our site to promote and advertise any business, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software or a virus. Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.
9.4 Licence of your content
In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world and for any purpose. In particular, by posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content enters the public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation to such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.
Our website is published under the laws of England and Wales, which shall govern your use of our website and any claims in relation to this website. You agree to exclusively bring any claims against us relating to this website or any non-contractual obligations arising out of it in the courts of England and Wales.
12 HOW THE CONTRACT IS MADE
12.1 Your order
Your order to us is your legal offer to purchase the products on the contract terms, subject to our acceptance.
12.2 Age Requirement
If you are an individual and you order a product with a minimum age requirement, by ordering you represent that you are of the required age. In any event, if you are an individual, you represent that you are 18 years old or over.
12.3 Withdrawing your order You are entitled to withdraw your order at any time up to moment that we accept it and it becomes a binding contract. After it has become a binding contract you can only cancel it in accordance with your cancellation rights under clause 13, or in accordance with your legal rights if we are in breach of the contract.
12.4 Acknowledgement of your order Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email does not amount to acceptance of your order, or create a binding contract unless expressly stated in it by us.
12.5 Acceptance of your order For product orders, acceptance of your order will occur and a binding contract for the sale and purchase of the all of products will be formed between you and us when we first dispatch any of the products in your order, or if sooner, we first email you to confirm that any of the products in your order have been dispatched. For other orders, acceptance of your order will occur and a binding contract is formed when we send the order acknowledgement e-mail.
12.6 Declining your order If we decline your order for any products, before acceptance, for any reason, we will normally e-mail or telephone you to inform you, and give you our reasons. We may decline your order before we have accepted it for any reason at our sole discretion, and we may decline your order in whole or in part.
12.7 Multiple items If your order lists more than one product or service then there shall be considered to be a separate and independent order and contract for each of them.
13 CONTRACT TERMS
The terms of the contract will comprise the following:
13.1 General Terms The following general terms: (a) these sales terms; (b) the general delivery and installation information published by us, including on our website, at the time of your order, setting out among other things, delivery charges, methods, installation service description, delivery locations, timescales, and restrictions; (c) the descriptions and specifications and additional terms specified for the products in any product specification page or section on our website and in our current catalogue, at the time of your order; and (d) any terms implied into the contract by statute or rights in relation to this contract granted by any statute, unless and to the extent they are otherwise limited, varied or excluded by any other contract terms.
13.2 Order Specific Terms The specific terms of you order (including description and quantity of products ordered, price and other delivery charges applicable, your details, delivery address, billing address, and payment method and details) set out in the checkout webpages (for website orders) generated by our website and sent to your web browser, or (for telephone orders) as agreed orally in your telephone call with us; in each case, as may confirmed by us in any written acknowledgement or acceptance of your order which we send to you. If you are a business, no terms proposed by you shall apply to the contract, including any standard terms of purchase of yours.
14 SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the products specified in the contract terms.
Under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 it is an implied term in the contract that the products will correspond to their description. The description is essentially as set out in our website and catalogue at the time of order, but there may be minor variations in specification, colour or other features between that description and the product received
17. CHARGES AND VAT
You agree to pay the price, delivery charges and any other charges stated in the order specific terms. You are obliged also to pay VAT on all applicable items, at the same time as the charges. Prices on the website are shown excluding VAT.
18 PAYMENT TERMS
18.1 Payment With Order Payment of the price, delivery charges, and any other charges and amounts payable under the contract must be made on order.
18.2 Payment Currency You must pay in the currency in which the price, delivery charges, and any other charges are stated by us.
18.3 Payment Methods We accept payment by such cards and other methods as may be stated on our website.
18.4 Default Time For Payment The price, delivery charges and all other charges are payable on order, and we are not obliged to process your order or dispatch any products until payment in full has been received by us. You authorise us to take payment from any card or other payment service for which you have provided details, at the time of, or at any time after you have submitted, your order, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you.
18.5 Credit Accounts – Businesses If you have a credit account with us, and your indebtedness to us at the time of your order, plus the amounts payable under this order, is less than any applicable credit limit specified by us from time to time or agreed with you from time to time, then your payment will be due within 30 days (or such other period we may have agreed in writing with you) after the date of your order, and you authorise us to take payment from any card or other payment service for which you have provided details on or after the last working day of that 30 day period.
18.6 No Set-off – Businesses You must make all payments in full without set-off, deduction, counter-claim, or withholding.
18.7 Interest – Businesses If you fail to pay any amount on time, then we shall have the rights set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended or replaced). If that act does not apply, then we may charge you, and you shall pay on demand, daily interest on the overdue amount such interest to run from the date when you should have paid it until the date you actually pay it (both before and after we obtain any court judgement) at the per-annum rate of 8% over the Bank of England base rate from time to time.
19 CANCELLATION RIGHTS
19.1 Introduction Where you are a consumer, then you have the right to cancel the contract for any products without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (the “Cancellation Regulations”), on and subject to the terms detailed below. This right is in addition to your statutory rights for faulty or mis-described products. If you are a business then we also give you a right to cancel the contract for any products without giving any reason in accordance with the terms detailed below.
— 19.2 Business Customers If you are a business, your cancellation right does not apply to the products not returned with all packaging, contents, documents, and other items supplied with or as part of the products, products damaged or marked in any way after delivery; and products not returned in a resalable condition (being resalable for at least 80% of the price they were sold to you) due to anything occurring after delivery; or products title to or possession of which has been given by you to a third party.
19.3 Cancellation Deadline You may exercise your right to cancel at any time up to the time stated below (the “cancellation deadline”). The cancellation deadline is 14 days after delivery of the products. For consumers, the Cancellation Regulations in fact allow you only 14 days
— 19.4 How to exercise your right to cancel — 19.4.1 Informing us To exercise you right to cancel, you must inform us of your decision by a clear statement to us. If you are a business customer, that statement must be in writing.
— 19.4.2 When you must inform us
we must receive your statement before the end of the cancellation deadline.
— 19.4.3 Methods of informing us You can exercise your right to cancel in any manner you decide, but we would prefer one of the following: e-mailing us, telephoning us, or contacting us using any details on our website at http://www.sprinklesandmore.co.uk; or writing to us at 77-7 Church Street, Bentley, Doncaster. DN5 0BE, quoting your order reference number. You may use the model cancellation form, below, but it is not obligatory:-
Model cancellation form
To: Sprinkles and More [I/We] hereby give notice that [I/We] cancel [my/our] contract of sale of the following products:
Product Name: [ ] Ordered On: [ ] Received On: [ ] Customer Name: [ ] Customer Address: [ ] Signature _______________________________ (only if this form is notified on paper), Date: _________________________
— 19.4.4 Order reference number It will save time if you can supply us with your order reference number when you cancel, but don’t worry if you are not able to find this.
19.5 Return of the products and costs of return If the products have been delivered, then you must return the products to us in accordance with the following arrangements. Return of the products includes all packaging, contents, documents, and other items supplied with or as part of the products, including any free gifts.
— 19.5.1 When products must be returned by You must return the products to us without undue delay, and in any event not later than 14 days after you informed us of your decision to cancel.
— 19.5.2 Return of the products by you You must send the products back to us at 77-7 Church Street, Bentley, Doncaster. DN5 0BE, or at such other address in the UK we may specify.
— 19.5.3 Collection by us We may at any time request to collect the products from you, and in such case you must make the products available for collection when requested by us, in accordance with such reasonable arrangements as we may specify.
— 19.5.4 Costs of returning the products You must bear the direct cost of returning the products to us, including our direct costs of collecting the products from you. If we incur any such costs, then you shall reimburse us these costs. If you do not hand over the products when arranged, then we may also charge you our direct costs for each failed collection attempt. You agree that that we may deduct such costs from any refund which we are obliged to make to you.
— 19.5.5 Risk and insurance of products The products are at your risk until they have been returned to us, and accordingly we recommend that you insure the products accordingly.
19.6 Condition of products returned If you handle the products beyond what is necessary to establish the nature, characteristics and functioning of the products then you are obliged to pay to us the amount by which the value of the products has been diminished as a result, up to, but no more than, the original price of the products. This includes if you return the products with damage that was not present on delivery, or missing anything that was present on delivery. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
— 19.7.1 Amount of Refund
(a) Refunds If you are a business consumer and you cancel this contract in respect of a product, we will reimburse to you the price paid by you with respect to such product, but not any delivery or other charges paid by you, and not any VAT paid by you.
(b) Deductions from refund We may deduct from your refund the amounts detailed in this, including the costs of return of the products and any diminution in the value of the products. You will not incur any fees as a result of the reimbursement.
— 19.7.2 When your refund will be given
We will provide the refund within 30 days after receiving all of the cancelled products back from you.
— 19.7.3 How your refund will be given We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, or it is not possible.
— 19.8 Invalidly Returned Products If you cancel, and we subsequently discover or prove that you had no right to cancel, then: (a) such cancellation shall cease to have effect; (b) you must continue to pay the price, delivery charges and other charges for the products, and repay any refund given; (c) you must arrange for collection of the products from us; (d) we may make a reasonable storage charge, and we may make an additional charge for redelivery of the products to you; and (e) if you have not collected or taken redelivery of the products within 2 months, then we may sell the products as your agent, and account to you for the proceeds (if we are retaining the price for the products), less costs of sale and any amounts payable by you to us.
20. OUR LIABILITY TO CONSUMERS
We shall not be liable to you (including under or for breach of the contract or in negligence) for: (a) any loss of profits or other losses relating to any business; (b) for any losses which were not foreseeable by us when the contract was made; or (c) for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us. We do not exclude or limit any liability which we may have to you: (a) for death or personal injury; (b) for loss or damage to property; (c) for fraud or fraudulent misrepresentation; or (d) to refund any payments made by you under the contract.
21. OUR LIABILITY TO BUSINESSES
The following terms apply if you are a business:-
21.1 Limitations and exclusions In this contract, references to our “liability” shall be to our liability to you under or for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the products. Our total liability for all events giving rise to liability to you in aggregate for all such events shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract as ascertained at the time of your order. We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments wasted, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the products elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. Notwithstanding any other contract term, we do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
21.2 Claims Limitation Periods We shall not be liable in respect of any products missing from a delivery, and all products purported to be in a delivery shall be considered to have been delivered in full, if you do not notify us otherwise by the end of the next working day following the day of delivery. We shall not be liable in respect of any damage to any products present on delivery if you do not notify us of such damage within 10 working days after delivery of the products has been made.
22. SPRINKLES AND MORE RIGHT TO CANCEL AND VARY
We shall be entitled to vary the contract, or to cancel the contract, as a whole or in respect of any products, at our option, if any of the following applies: we do not have the products in stock at all or in a fit state to supply to you; or we find we not have sufficient products in stock to meet all our orders from all our customers; or the cost of acquiring the products to supply to you is higher than when your order was accepted by us; we are not able to obtain the products from our suppliers at all or in time to meet the delivery timescales; the contract terms (including our website) contained any error, including in relation to the description or price of any of the products; or we have not received payment in full of or are unable to obtain authorisation for payment of the charges and other amounts payable by you; you do not meet any minimum age requirement for ordering; or if you are purchasing the products with a view to reselling them. If we propose to vary the contract, we will give you an offer to continue with your order subject to such variations as we propose, in which case we will identify any variations (including any proposed changes to the products, the price and delivery charges, and delivery timescales) and we will state how long that offer will remain open; and if you do not accept our offer, then the contract will be deemed to be cancelled. If the contract is cancelled under this clause 17: you must return to us any products supplied to you under the contract in an unused and unopened condition (at our cost if you are not at fault); and we will offer you a full refund for the products cancelled, subject to receiving back from you any products supplied in the condition required by this clause.
23.1 Entire Agreement The contract terms constitute the entire agreement between you and us for the sale and purchase of the products. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the contract terms shall only be binding upon us if made in writing and signed by a director of Sprinkles and More. No employee, other than a company director, has authority to change the terms of the contract.
23.2 Third Party Rights The contract shall not benefit or be enforceable by any person other than you and us.
23.3 Sub-contracting We may sub-contract our obligations under the contract.
23.4 Invalid Terms Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
23.5 Waivers We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
23.6 Costs of Claims If you are a business, you shall pay all our legal costs (on a full indemnity basis) and other fees, costs and expenses incurred in enforcing and recovering any payment due from you under this contract, and in recovering any products which you are obliged to return to us.
23.7 Law and Jurisdiction The contract and all non-contractual obligations arising out of it shall be governed by the laws of England and Wales. You agree to exclusively bring any claims against us relating to this website or any non-contractual obligations arising out of it in the courts of England and Wales.