Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01244 310867.

 

Application

1 These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Krista Anderton trading as Mama Ks of 5 Canal Street, Chester, Cheshire, CH1 4EJ with email address mamaksmex@gmail.com; telephone number 01244 310867; (the Supplier or us or we).
 
2 These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
 

Interpretation

3 Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
 
4 Contract means the legally-binding agreement between you and us for the supply of the Goods;
 
5 Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
 
6 Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
 
7 Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
 
8 Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
 
9 Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
 
10 Website means our website mamaksmex.co.uk on which the Goods are advertised.;
 

Goods

11 The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
 
12 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
 
13 All Goods which appear on the Website are subject to availability.
 
14 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
 

Personal Information

15 We retain and use all information strictly under the Privacy Policy.
 
16 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
 

Basis of Sale

17 The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
 
18 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
 
19 A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contra
 
20 Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
 
21 No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
 
22 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
 

Price and Payment

23 The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
 
24 Prices and charges include VAT at the rate applicable at the time of the Order..
 
25 You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
 

Delivery

26 We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than two hours after which the Contract is entered into.
 
27 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
 
a) we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
 
b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28 If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
 
29 If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.:
 
30 If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
 
31 We do not generally deliver to addresses outside Chester If, however, we accept an Order for delivery outside that area, you may need to pay additional delivery charges, as we will not pay them.
 
32 You agree we may deliver a substitute if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
 
33 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may not offer a refund.
 
34 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
 

Withdrawal, returns and cancellation

35 You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability
 
36 Right to cancel
 
37 Subject as stated in these Terms and Conditions, you can cancel this contract no more than 5 minutes after order without giving any reason.
 
38 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision.
 

Effects of cancellation in the cancellation period

35 Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
 

Conformity

40 We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
 
41 Upon delivery, the Goods will:
 
a) be of satisfactory quality.
 
b) conform to their description.
 

Excluding liability

42 The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
 

Governing law, jurisdiction and complaints

43 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
 
44 Disputes can be submitted to the jurisdiction of the courts of England and Wales.
 
45 We try to avoid any dispute, so we deal with complaints in the following way: If you are not fully satisfied with your meal please contact us immediately otherwise we are not able to address your concerns.
 

Attribution

43 These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

Model Cancellation Form

To
Krista Anderton trading as Mama Ks 5 Canal Street
Chester
Cheshire
CH1 4EJ
Email address: mamaksmex@gmail.com
Telephone number: 01244 310867

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