General

You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.

No person other than The San Francisco Fudge Factory or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

These Terms shall be governed by interpreted in accordance with English law.

Website Terms of Use

Introduction and Key Definitions

This page details the terms and conditions (“Terms”) which govern your use of our Website, and which will apply to the use of the services we offer. You are advised to read them carefully. By using this website, you are indicating your acceptance to be bound by these Terms together with the terms of our Privacy Policy. The Terms may be modified from time to time by updating this page. You should visit this page frequently to review the current Terms.

In addition to being bound by these Terms, all persons selling or proposing to sell Items In-Store shall be subject to our Sellers’ Terms and Conditions and all persons buying, or proposing to buy Items shall be subject to our Buyers ’Terms and Conditions.

In these Terms the following definitions shall apply:

“The San Francisco Fudge Factory”, “The Fudge Factory”, “us”, “we and “our” means The Fudge Factory; registered address 6 Church Street, Abbey Green, Bath, BA1 1NL

“Item” means any product or other item offered for sale, or to be offered for sale, or sold via the Website & In-Store;

“User” means anyone using the Website for any reason; and “Website” means our website www.sanfranciscofudgefactory.co.uk and all the pages, content and sub-domains contained in it.

“Store” means our registered premises at 6 Church Street, Abbey Green, Bath, BA1 1NL

Use of the Website

The Website may be used only for lawful purposes.

All Content is the sole responsibility of the person from whom such Content originated, and we do not control, and are not responsible for Content provided by any other person.

In posting or uploading any Content you grant to us a worldwide, irrevocable, nonexclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Content in any existing or future media, subject always to the Privacy Policy. You also grant to us the right to sub-licence these rights, and the right to bring an action for infringement of such rights.

Users are not permitted to upload, post, email, or otherwise make available any Content: a. that is false or misleading; b. that infringes any intellectual property rights of, or a duty of confidentiality to, any other person; c. that advertises products or services the sale or supply of which is prohibited or restricted by applicable law; d. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; e. that is libellous, abusive, threatening, obscene, or otherwise offensive; or f. otherwise hinders the use or enjoyment of the Website by other Users.

We do not pre-screen or approve Content, but we shall have a right (but not an obligation) in our sole discretion to refuse, delete, edit or move any Content that is available on the Website for violating the letter or spirit of the Terms or for any other reason at our sole discretion.

Users are prohibited from: a. accessing data not intended for them or logging into a server or account which they are not authorised to access,

b. deleting or revising any Content posted by any other person or entity;

c. using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; and

d. allowing others to use their login details to access any non-public area of the Website, disclosing to or sharing their password with any third parties or using their password for any unauthorised purpose.

We may, in our sole discretion, delete, suspend or deactivate any User account or otherwise terminate or restrict any User’s access to the Website immediately and without notice if we believe that such User has acted inconsistently with the letter or spirit of the Terms. Neither The Fudge Factory nor its officers or employees shall be liable to any person for any resulting termination or restriction of a User’s access to the Website.

Intellectual Property Rights

Unless indicated to the contrary, The Fudge Factory owns all the intellectual property rights relating to the Website, including the designs, text, database, graphics and layouts, and Users are not permitted to use or copy any part of them without our express permission in writing.

Users are not permitted to download, reproduce, copy, resell or exploit for any commercial purposes, any material on the Website, or to use automated means to download data from the Website (including without limitation, spiders, robots, crawlers or data mining tools, but excepting standard internet search engines).

Users are not permitted to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

The intellectual property rights in Content uploaded by Users to the Website are retained by the copyright owner, and Content is added to the Website by Users at their own risk.

Limitations on Service

We may establish limits on the use of the Website and we reserve the right at any time to modify or discontinue the Website (or any part of it) with or without notice.

We reserve the right to suspend operation of the Website from time to time for any reason, including, without limitation, to enable us to perform system upgrades or maintenance or to resolve technical issues, and we will endeavour to provide reasonable advance notice of such suspension where practicable.

We shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or the Service or any part of it, including for loss of profit or consequential or incidental loss or damage.

Limitation of liability and disclaimer

The Website and the Service are provided on an “as is” or “as available”

basis, and accordingly use of the Website is entirely at the Users’ own risk. Any and all warranties relating to the Website, including, without limitation, any implied warranties as to fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

We take reasonable care to ensure that the Website and its electronic communications are virus-free. However, We make no warranty that the Website is free of viruses or other harmful components.

Each User shall indemnify and hold harmless The Fudge Factory, its officers, employees, agents and service providers from any claim or demand (including reasonable legal fees and court costs) made by any third party due to or arising out of Content submitted, posted or made available by such User through the Website, or the violation of such User of the Terms or of any rights of any person or organisation.

Links to Other Sites

The Website may contain links to third party web sites. These links are provided as a service and not as an endorsement by The Fudge Factory of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party web sites. Users accessing linked third party web sites do so at their own risk.

General

You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.

No person other than The Fudge Factory or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

These Terms shall be governed by interpreted in accordance with English law.

Product Details

All fudges may contain traces of nuts.

All specifications are approximate only and as the product is handmade, it is subject to some variation and deviation.

Every effort will be made to supply the choice of flavour, box type or packaging chosen but we reserve the right to supply alternatives if your choice is not available.

Order Details

All orders are accepted when your credit/charge/debit card is processed.

Any email or other acknowledgement of your order is merely to report that your request has been received and will be looked at, and does not in any way denote acceptance of your order regardless of any wording on the email.

We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable it to evaluate and/or process the order.

All orders are processed as soon as possible, usually within 24 hours.

Orders can only be cancelled where you have chosen an advance delivery date more than 48 hours from the time at the placing of the order. Such orders can be cancelled by email or by telephone 01225 425714 quoting the specific order number.

We reserve the right to edit any message that contains offensive and/or inappropriate content.

Where the product has not arrived in perfect condition, we will refund the cost of the OR we will replace the goods. Refunds will be processed via our payment partner Stripe and may take 7-10 days to appear in your account.

Your statutory rights are not affected.

Delivery Details

Delivery may be made in one or more installments using a variety of carriers.

We do not dispatch on Saturdays, Sundays or Bank Holidays.

Delivery dates are approximate and no liability whatsoever is accepted in respect of late deliveries.

Without prejudice to your statutory rights we accept no liability for any failure to ship products where this results from acts of God, civil commotion, riots, flood, drought, fire, legislation or other factors outside our control, or our decision on reasonable grounds not to do so for reasons of suspicion of credit card fraud or similar, provided that we take all reasonable steps to notify you within fourteen (14) days of order placement that products will not be shipped as ordered.

In such cases we will not process any payment or will immediately refund any payment made, in full.

It is your responsibility to ensure that you order from us with sufficient lead-time to prevent any loss or disappointment resulting from non-shipment.

Pricing Details

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.

Any offers we make are designed to be used independently, and are not available in conjunction with any other offer.

Any offers including voucher codes and discounts are only valid on the item cost and are not applicable to delivery/shipping/handling costs unless specified.