Term | Dana's Macarons

TERMS

Acceptance of terms and services:

These provisions set out the terms and conditions on which you may make use of Dana’s Macarons website (the "Site") whether as a guest or registered user ("Customer Terms"). We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

1. About us

The Services and the website are operated by Dana’s Macarons. Throughout the site, the terms "we", "us" and "our" refer to Dana's Macarons.

Accessing our Service: Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

2. Disclaimer of Warranties and limitation of liability

The information and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty, and in particular, Dana’s Macarons does not represent or warrant that the information accessible via this site is accurate, complete or current, or that use of the site is free of risk of viruses or other damage. You agree that from time to time we may remove the service for indefinite periods of time, cancel the service at any time and change prices, without any prior notice to you.

3. Online Macaron Orders

Due to the nature of production goods ordered in a specific colour, flavour and appearance may or may not be the exact equivalent of any pictures or samples provided in advance.
All our orders are either delivered by ourselves or picked up personally by yourselves, we do take responsibility for any damage caused by us before handing the finished product to yourselves.
All our macarons are fresh and they are best kept cool in the fridge for up to 7 days. Macarons are best consumed at room temperature.
If we are not able to offer you one or more of the flavours you have picked for your order, we reserve the right to replace it with a close alternative if your choice is not available and this will be done after checking with yourselves.
We highly recommend that you order from us with sufficient lead-time to prevent any loss. For any orders above 50 macarons, a 50% deposit will be required and the order will need to be placed 2 weeks in advance.
For large quantity orders, such as for weddings, events or for hampers, samples can be provided and orders will need to be placed at least 1 month in advance.

4. Payment methods

Purchases for goods and/or services you make with Dana’s Macarons may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time).
Your payments will come through to Dana's Macarons through Wix Payments when we accept or otherwise process your payments linked to the purchase of things from us. Wix payments complies with the Payment Card Industry Data Security Standards (PCI DSS)*
(Wix payments will acknowledge and agree that the payment is valid by the customer to Wix for the purchase of item(s) between the customer and Dana’s Macarons and will satisfy your obligation to pay to Dana’s Macarons for the relevant item(s) and consequently, any debt obligations owed by the customer to Dana’s Macarons for the purchase of such items shall be extinguished at that time.
Dana’s Macarons further agrees that they will not seek recourse (legal or otherwise) against the customer for payment of items if the customer has validly paid to Wix.
All prices shall be shown in the applicable currency and payable in that currency.
You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions).
You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the area the parcel is being delivered to.)

PCI Compliance

The PCI DSS is the highest information security standard for organizations or companies that accept credit card payments. This standard provides protection of the privacy and confidentiality of the card's data used to complete the online transaction.
PCI Compliance helps to create a secure environment by improving the quality of the cardholder data in order to reduce the rate of credit card fraud cases. In addition, it ensures that the data for each payment is stored securely in a tamper-proof manner.

5. Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

6. Delivery arrangements

Your shopping basket on the Site displays the goods you have chosen, Dana’s Macarons shall provide details of collection or delivery. The delivery costs for each customer can vary according to the delivery destination.

7. Delivery & Pickup

Dana's Macarons delivers the product to your doorstep within a 10 miles radius. If the order is picked up by you, then it can be collected from 4A KD Plaza, Cotterells, Hemel Hempstead, HP1 1AX.
We cannot take responsibility if the customer is not at home to accept the delivery as we do call an hour before delivery to check whether someone will be at the delivery address to receive the product.
It is the customer’s responsibility to ensure that someone is available to receive the product as we have prearranged the delivery time.
If the customer is not available to receive the product, the goods will be returned to Dana's Macarons. It will then be the customer's responsibility to collect the parcel or arrange re-delivery at an additional cost.
Delivery charges will not be refunded if the recipient is not available to receive the package when delivered.
Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of its obligations shall be postponed for the period of time that the circumstances continue. In such cases we will not process any payment or will immediately refund any payment made, in full.

8. Cancellations

Due to the perishable hand-made bespoke nature of the product made to order, your order can only be cancelled any time before 10:00am a day before it is due to either be delivered or picked up.
If you try to cancel your order after 10:00am a day before delivery, it is highly unlikely that we will be able to cancel your order.
No refunds will be given for cancellations after 10:00am a day before delivery/pickup.
All cancellations will need to be emailed and will be effective from the date on which you send us your message.
If you would prefer to contact us directly to cancel, please use the following details:

Telephone: 07341855663

Email: info@danasmacarons.co.uk

We may ask you why you have chosen to cancel and may use any answers you provide to improve our goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

9. Returns

Our return policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To complete your return, we require a receipt or proof of purchase.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
If you receive a refund, the cost of delivery will be deducted from your refund.
Refunds (if applicable): Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 7 working days.
Exchanges (if applicable): We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@danasmacarons.co.uk and send your item (at your own expense) to Dana’s Macarons, 4A KD Plaza, Cotterells, Hemel Hempstead, HP1 1AX.
You will not be reimbursed for shipping. In the event that there is a pricing error on the website we will not be bound to honour any orders made at that price.

10. Links

You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
If the Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

11. Viruses, hacking and other offences

You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which 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.

12. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13. Severability

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. Entire agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

15. Force majeure

Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Dana’s Macarons workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of its obligations shall be postponed for the period of time that the circumstances continue.

16. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17. Law and jurisdiction

Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

18. Satisfaction:

If for some reason, you are unsatisfied with your purchase, please contact us by email to info@danasmacarons.co.uk within 24 hours of when the package was received/collected, and we will make every effort to make sure you are happy with your Dana's Macarons experience.

To view our privacy policy please visit our Privacy Page to find out more.

Below are our terms for the use of this Website, whether as a guest or a registered user - please read these terms carefully before using this Website.

These terms are an agreement ("Agreement") between you and Dana’s Macarons about your use of this Website and the information contained in or available through this Website and should be read in conjunction with our privacy policy. If you do not agree to these terms in full please leave this Website and do not make use of our services. By remaining on this Website and/or making use of our services you are deemed to accept these terms in full. Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our services and this Website. Please return to these terms from time to time and note any changes, as they are binding on you. Protecting your privacy is very important to us: please review our privacy policy, which explains how we treat your personal information and protect your privacy.

Definitions

“www.danasmacarons.co.uk”, “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to Dana’s Macarons(Company Number 6861652), a private company registered in England and Wales with its registered office address at 4A KD Plaza, Cotterells, Hemel Hempstead, HP1 1AX
“You” refers to you the visitor and, or customer.
“Website” means this website at www.danasmacarons.co.uk

Access to website

You can access most parts of this Website without having to register any details with us. This includes all articles, guides, news and product information pages within the Website.
It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.
Our Website is intended for people in the United Kingdom. Content available on our site may not be suitable or accessible from other countries. We may restrict the availability of our Website or our services or goods to any person or country at any time without prior notice. If you access our site from outside the United Kingdom, you do so at your own risk.

Use of website and services

Any material that is available free of charge on this Website you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the Website content.
All intellectual property (including without limitation copyright) in this Website and its content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Website for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.
Otherwise than in accordance with clause 1, no part of this Website may be used without our prior permission.
If, in breach of these terms of use, you print off, copy or download any part of our Website, then your right to use our Website and is contents is automatically revoked - you must then immediately destroy any copies you have made of any part of our Website.
We do not guarantee that our Website will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Website and using appropriate firewall and virus protection software.
Our terms and conditions of supply will apply if you purchase goods or services from our Website.

Site uptime

We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time. We do not guarantee that our Website, or any content on it, will be available uninterrupted. Access to our Website 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 Website is unavailable at any time or for any period.
This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.

Visitor conduct

With the exception of personally identifiable information, the use of which is covered under our privacy policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
When using this Website you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from this Website any material:
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or
which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
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.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 2.
If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
We reserve the right to remove any posting you make on our Website for any reason and without notice, but particularly if your post does not comply with these terms of use.

Your account and password

If you choose, or you are provided with, a user log-in or password as part of our security procedures, you must keep such information confidential.
If in our reasonable opinion you have breached these terms of use, then we may disable any user log-in or password at any time.
If you suspect anyone else knows your user log-in or password, you must promptly notify us at info@danasmacarons.co.uk. You can also use this email address if you have problems with logging in or access.

Links to and from other websites

Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our Website in breach of Paragraph 2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer and exclusion of liability - please read carefully

Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Website, you must obtain suitable advice from a professional or specialist.
You use the Website at your own risk - neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.
We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to

use of, or inability to use, our Website; or
use of, or reliance on, the contents of our Website.

8. In addition if you are a business user, we will not be liable to you for:

lost profit or turnover;
interruption or disruption of your business;
your failure to make anticipated savings;
lost business opportunities or damage to your goodwill or reputation; or
indirect or consequential losses.

9. In addition if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 8

10. We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.

11. Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.

Miscellaneous

If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website.
You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.

Disclaimer for Delivery Orders

The drivers will attempt to deliver your parcel within the given time slot. However, due to circumstances beyond our control such as traffic, if we are unable to do so, we will attempt to update you by telephone.
On reaching your address, the driver will attempt to knock on your door and phone if there is no response. If the driver is unsuccessful in contacting you, he will return your order to the shop. It will then be your responsibility to collect your order from the shop or arrange re-delivery at an additional cost. We will not re-attempt to deliver your order.
The driver will bring your parcel to your door or the entrance of your building in case of Flats. It will be your responsibility to collect the parcel from the driver and offer any additional assistance that may be required.
On receipt of your parcel, you must check for any damages on arrival and if there are any issues, you will need to contact us immediately.
We will share your contact details with our drivers as they may need to contact you on arrival. They will not be allowed to share your details to any other 3rd party companies.
It is our intention to fulfil your order, but in the event your order cannot be delivered (e.g. no drivers available), we will notify you and you will have the following options,
Collect your order from the store and we will refund you the delivery charge.
You may wish to cancel the order and receive a full refund with our apologies.

Governing Jurisdiction

These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.

VERSION: SEPTEMBER 2021

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TERMS