Cups and Cones

These terms and conditions apply to the use of this website. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, please do not use this website.

1. INTRODUCTION

1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register your details.

2. PRICING

2.1 All our prices include VAT at the current rates. Our business pages may also display the price exclusive of VAT for your convenience.

2.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

3. ORDERING

3.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered including item and delivery charges.

3.2 You may also order by email if this has been agreed by us in writing. You will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered including item and delivery charges by email and you will be required to reply to said email to complete and to confirm your order.

3.3 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

3.4 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

3.5 Order enquiries – email accounts@cupsandcones.co.uk or call sales 01933 522820

4. DELIVERY TERMS

4.1 All products, excluding those outlined in clause 4.5, will be dispatched no later than three working days from receipt of your order, providing your order has been received by 13:00 GMT Monday to Friday not including weekends or bank holidays

4.2 UK Mainland Standard 3-5 Day Delivery Charge: £5.95 up to order value £74.99 ex vat. All orders 75.00 ex vat and over will qualify for free delivery Subject to product availability and providing you have placed your order before 13:00 GMT. Orders placed after 13:00 GMT will roll over 24 hours to the next available despatch slot. Not including weekends or bank holidays.​

4.2.1 UK Mainland Standard Delivery Charge for all bespoke made, customised or special orders​ including water coolers is set at a fix rate of £20.00 + vat please refer to individual product ordered at checkout for estimated delivery time. .​

4.3 UK Mainland Express 1 to 2 Day Delivery Charge: £8.50 up to order value £74.99 ex vat.​ All orders 75.00 ex vat and over will qualify for free delivery Subject to product availability and providing you have placed your order before 13:00 GMT. Orders placed after 13:00 GMT will roll over 24 hours to the next available despatch slot. Not including weekends or bank holidays.

4.4 Non-UK Mainland Standard Delivery Charge as per areas listed below. Orders may not be accepted if the incorrect shipping area / charge has been selected You should select the correct destination in the Shipping Menu on our Shopping checkout page. Orders placed after 13:00 GMT will roll over 24 hours to the next available despatch slot. Not including weekends or bank holidays.​

Channel Isles £20.00
Isle of Wight £20.00
Northern Ireland £20.00
Channel Isles £20.00
Isle of Man £20.00
Scilly Isles £20.00
Scottish Islands £20.00
Scottish Highlands £20.00

4.5 Next Day delivery is not available for non-stock items or some products, such as bespoke made, customised or special orders in this instance our shopping cart will simply omit this option. Products with a longer delivery time will be advised in the product description area.

5. CUSTOMER ACCOUNTS

5.1 Customer accounts and invoice credit facilities are granted at the sole discretion of Cups and Cones Limited.

5.2 For credit (pay on account facilities) Cups and Cones Limited reserves the right to charge interest on any overdue account. An account is deemed overdue when invoices remain unpaid for a period of 28 days or longer from order date on invoice.

5.3 Cups and Cones Limited also reserve the right to charge a solicitors / admin fee should an account go to debt recovery. Cups and Cones Limited reserve the right to withdraw or reduce the credit facility on any said account without notice or explanation.

6. CANCELLATION AND RETURNS POLICY

RETURNING NON-FAULTY GOODS

6.1 Any consumable item (food or drink product or accessory) that has been opened or is in used condition will not be accepted for refund or exchange.

6.2 Should you wish to return goods which have been ordered incorrectly or classed as non-faulty, we will accept requests returns up to 14 days after you have received the goods (for reference received time for the goods starts from the date you have signed for the goods (signature from courier service is recorded for reference).

6.3 Returned goods must be Unused, unopened and in the same condition in which they were delivered. We reserve the right to charge a 20% fee for returning and refunding the money and there will be a Re-Stocking & Handling fee of up to 20% on the product ordered.

6.4 We reserve the right not to refund items that are returned in unusable or unsellable condition (e.g. – damaged after delivery) or that are unable to be resold due to possible contact or exposure to COVID 19.

6.5 The cost and responsibility of returning non faulty or unwanted goods will be the responsibility of the customer. We will only issue any agreed refund once the returned goods are received by us and we have agreed that the goods and packaging are in a satisfactory re-sellable condition and have not been used.

7. GOODS DAMAGED IN TRANSIT

7.1 If packaging appears to be damaged on receipt, the courier must be advised on delivery and Cups and Cones to be advised within one working day of delivery by the customer in writing by email and acknowledged by Cups and Cones Limited to the customer by return email to be valid.

7.2 Cups and Cones Limited will replace any damaged items only after damaged items have been returned and have been inspected and confirmation has been provided by us.

7.3 When goods are signed for by the purchaser, company representative or appointed receiver, the customer inherits the risk for the products once they have been delivered to the delivery address which was specified when the order was placed.

7.4 Cups and Cones Limited or it’s partners accepts no liability for non-delivery, late delivery or the cost of resending goods that have been delivered correctly to an incorrectly specified delivery address or where you fail to collect the products from the delivery address which you specified.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 Links to third party websites on this website are provided solely for your convenience. We do not control and are not responsible for these websites or their content or availability. 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 this website, you do so entirely at your own risk.

9. LICENCE

9.1 You are permitted to print and download extracts from this website for your own personal use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trademark notices and this permission notice appear in all copies.

9.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

9.3 Subject to clause 6.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

9.4 Any rights not expressly granted in these terms are reserved.

10. SERVICE ACCESS

10.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

10.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control.

11. DISCLAIMER

11.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.

11.2 The material on this website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

12. LIABILITY

12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

12.2 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

13. GOVERNING LAW AND JURISDICTION

13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

13.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

14. MISCELLANEOUS

14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.