Terms & Conditions
1. Agreement By using the Website you agree to be bound by these Terms.
2. Amendments We reserve the right to:
Update these Terms from time to time and any changes will be notified to you
via a suitable announcement on the Website. It is your responsibility to check
for such changes. The changes will apply to the use of the Website after we
have given such announcement. If you do not wish to accept the new Terms you
should not continue to use the Website. If you continue to use the Website
after the date on which the change comes into effect, your use of the Website
indicates your agreement to be bound by the new Terms; and
modify or withdraw, temporarily or permanently, this Website and the material
contained within (or any part) without notice to you and you confirm that we
shall not be liable to you for any modification to or withdrawal of the Website
or its contents.
3. Registration
You warrant that:These terms and conditions ('the Terms') govern the users
('you' or 'your') use of the website www.bytomdaley.com ('the Website') and
your relationship with:(i) The Hut.com Limited (trading as www.bytomdaley.com)
whose registered office is at 5th Floor, Voyager House, Chicago Avenue,
Manchester Airport M90 3DQ; or(ii) (a) if your purchase is made in United
States dollars (USD) or Canadian dollars (CAD) and payment is made using a
debit/credit card, with THGPP LLC (trading as www.bytomdaley.com) whose
registered office is at 1209 Orange Street, Wilmington, County of New Castle,
Delaware, 19801, USA; or (b) if your purchase is made in United States dollars
(USD) or Canadian dollars (CAD) and payment is made using American Express,
with Mama Mio US Inc. (trading as www.bytomdaley.com) whose registered office
is at 2711 Centerville Road, Suite 400, Wilmington, County of New Castle,
Delaware, 19808, USA; or(iii) (a) if your purchase is made in Australian
dollars (AUD) and payment is made using a debit/credit card, with Skincarestore
Australia Pty Limited (trading as www.bytomdaley.com) whose office is at G01,
38 Atchison Street, St leonards, NSW 2065 Australia; or (b) if your payment is
made in Australian dollars (AUD) and payment is made using American Express,
with The Hut.com Limited (trading as www.bytomdaley.com) whose registered office
is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport M90
3DQ;('we', 'our', or 'us'). Please read them carefully as they affect your
rights and liabilities under law. If you do not agree to these Terms, please do
not access nor use the Website. If you have any queries regarding these Terms
then please contact us.1. Agreement By using the Website you agree to be bound
by these Terms.
4. Amendments We reserve the right to:
Update these Terms from time to time and any changes will be notified to you
via a suitable announcement on the Website. It is your responsibility to check
for such changes. The changes will apply to the use of the Website after we
have given such announcement. If you do not wish to accept the new Terms you
should not continue to use the Website. If you continue to use the Website
after the date on which the change comes into effect, your use of the Website
indicates your agreement to be bound by the new Terms; andmodify or withdraw,
temporarily or permanently, this Website and the material contained within (or
any part) without notice to you and you confirm that we shall not be liable to
you for any modification to or withdrawal of the Website or its contents.
5. Registration
You warrant that:
the personal information which you are required to provide when you register is
true, accurate, current and complete in all respects; and
you are not impersonating any other person or entity.
The products purchased on this site are for private and domestic use only and
are not for re sale. You will notify us immediately of any changes to the
personal information by e-mailing our customer service representatives at:
e-mail address: feedback@thehutgroup.com
6. Privacy Policy
We will treat all your personal information as confidential and will only use
it in accordance with our Privacy Policy.
When you shop on this Website, we will ask you to input personal details in
order for us to identify you, such as your name, e-mail address, billing
address, delivery address, credit card or other payment information. We confirm
that this information will be held by us in accordance with the registration we
have with the Data Commissioner's office.
7. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your
consent, we will validate name, address and other personal information supplied
by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of
fraudulent credit card transactions increasing, we make every effort to ensure
all orders are thoroughly checked using the information already supplied. There
is a possibility we may contact you to make additional security checks and we
ask for your co-operation to enable us to complete them. We will not tolerate
fraudulent transactions and such transactions will be reported to the relevant
authorities.
By accepting these terms and conditions you consent to such checks being made.
In performing these checks personal information provided by you may be
disclosed to a registered Credit Reference Agency which may keep a record of
that information. You can rest assured that this is done only to confirm your
identity, that a credit check is not performed and that your credit rating will
be unaffected. All information provided by you will be treated securely and
strictly in accordance with the Data Protection Act 1998.
8. Compliance
The Website may only be used for lawful purposes and in a lawful manner. You
agree to comply with all applicable laws, statutes and regulations regarding
the Website and its use. You agree not to upload or transmit through the
Website:
any computer viruses or anything else designed to interfere with, interrupt or
disrupt the normal operating procedures of a computer; and any material which
is defamatory, offensive or of an obscene character
9. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors,
employees and suppliers, harmless immediately on demand, from and against all claims,
losses, costs and expenses, including reasonable legal fees, arising out of any
breach of these Terms by you, or any other liabilities arising out of your use
of this Website or any other person accessing the Website using your personal
information.
10. Third Party Links
As a convenience to our customers, the Website may include links to other
websites or material which is beyond our control. For your information, we are
not responsible for such websites or material nor do we review or endorse them.
We will not be liable, whether directly or indirectly, neither for the privacy
practices or content of such websites nor for any damage, loss or offence
caused or alleged to be caused in connection with, the use of or reliance on
any such advertising, content, products, materials or services available on
such external websites or resources.
11. Orders
All orders are subject to acceptance and availability. If the goods ordered are
not available, you will be notified by e-mail (or by other means if no e-mail
address has been provided) and you will have the option either to wait until
the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or
services from us and we have the right to reject such offers at any time. You
acknowledge that any automated acknowledgment of your order which you may
receive from us shall not amount to our acceptance of your offer to purchase
goods or services advertised on the Website. The conclusion of a contract
between you and us will take place when we (i) debit your credit, debit card or
PayPal account or (ii) dispatch the goods to you or commence the services,
whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to
keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be liable for any loss you may suffer if a
third party procures unauthorised access to any data provided by you when
accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. You are
limited to a purchase of 5 items of any one product. We reserve the right to
cancel orders and/or suspend accounts where we believe products are being
ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the
delivery address which you specified when ordering the products. We accept no
liability where you provide an incorrect delivery address or where you fail to
collect the products from the delivery address which you specified.
12. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private
use as opposed to business use), please note that you are entitled to cancel
any contract completed with us within 14 days from the day on which you acquire
physical possession of the goods.
For further information about cancellations and returns, please see our Returns
Policy.
13. Price and Payment
All prices shown on the Website are inclusive of VAT (where applicable) at the
current rates and are correct at the time of entering the information onto the
system. We reserve the right, however, to change prices at any time without
notice to you (save that any changes will not affect orders in respect of which
we have sent you a Dispatch Confirmation).
If your delivery address is within the United Kingdom, no additional taxes will
be charged to you. If your delivery address is outside of the United Kingdom
you may be subject to import duties and taxes (including VAT), which are levied
once a delivery reaches your destination country. Any such additional charges
must be borne by you. You should note that customs policies and practices vary
widely from country to country. We recommend that you contact your local
customs office for information.
Payment can be made by any major credit or debit card or via your PayPal
account. Payment will be debited and cleared from your account before the
dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and
we discover this before accepting your order in accordance with clause 9, we
are not required to sell the goods to you at the price shown. We always try and
ensure that the prices of goods shown on our Website are accurate, but
occasionally genuine errors may occur. If we discover an error in the price of
the goods that you have ordered we will let you know as soon as possible and
give you the option of reconfirming your order at the correct price or
cancelling it. If you cancel your order and you have already paid for the goods
(but they have not yet been dispatched), then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is
yours. All credit/debit cardholders are subject to validation checks and
authorisation by the card issuer. If the issuer of your payment card refuses to
or does not, for any reason, authorise payment to us we will not be liable to
you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any
reason, we reserve the right to reattempt to process payment within 48 hours.
In the event that the payment is still unsuccessful, we will give you at least
48 hours’ notice in advance of any further reattempt to process payment by
sending an email to the email address you have provided to us. If you do not
want us to reattempt to process payment, you must cancel your order in advance.
We allow you to use discount codes strictly on the terms and conditions upon
which they were issued which, amongst other things, may include terms relating
to your eligibility to use them and a maximum order value. Please familiarise
yourself with these terms and conditions before you place an order as we
reserve the right to reject or cancel any orders which do not comply with these
terms even if your credit or debit card has been charged. If there is any
inconsistency between the terms and conditions upon which the discount codes were
issued and these terms and conditions, the discount code terms and conditions
prevail. A copy of the discount code terms and conditions can be obtained by
mailing or telephoning our customer service representatives.
14. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and
form contracts on this Website under English law you must: if an individual, be
18 years of age or over; and register your real name, address, phone number,
e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18
years of age or over and authorise us to transmit information (included updated
information) to obtain information from third parties, including but not
limited to, your debit or credit card numbers or credit reports to authenticate
your identity, to validate your credit card, to obtain an initial credit card
authorisation and to authorise individual purchase transactions.
15. Intellectual Property
The content of the Website is protected by copyright, trademarks, database and
other intellectual property rights and you acknowledge that the material and
content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen,
store such content in electronic form on disk (but not any server or other
storage device connected to a network) or print one copy of such content for
your own personal, non-commercial use, provided you keep intact all and any
copyright and proprietary notices. You may not otherwise reproduce, modify,
copy or distribute or use for commercial purposes any of the materials or
content on the Website.
16. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
Affect or limit your rights as a consumer under English law; or will exclude or
limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an 'as is' and 'as available' basis without any
representation or endorsement made and we make no warranties, whether express
or implied, in relation to it and its use. You acknowledge that we cannot
guarantee and cannot be responsible for the security or privacy of the Website
and any information provided by you. You must bear the risk associated with the
use of the Internet.
Whilst we will try to ensure that material included on the Website is correct,
reputable and of high quality, we cannot accept responsibility if this is not
the case. We will not be responsible for any errors or omissions or for the
results obtained from the use of such information or for any technical problems
you may experience with the Website. If we are informed of any inaccuracies in
the material on the Website we will attempt to correct this as soon as we
reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or
telecommunications links; technical problems including errors or interruptions
of the Website; unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be
liable to you or any third party for any consequential or incidental damages
(both of which terms includes, without limitation, pure economic loss, loss of
profits, loss of business, loss of anticipated savings, wasted expenditure,
loss of privacy and loss of data) or any other indirect, special or punitive
damages whatsoever that arise out of or are related to the Website.
17. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions of the Terms.
18. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding
breach of any provision.
19. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
20. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of
England and Wales and any disputes will be decided only by the English courts.
21. Chocolate & Sweets
To make the most of your sweets we recommend that they are consumed within 12
weeks of receipt.
All products are individually dated to ensure the products are consumed when
they are at the best.
Nut content
Customers should be aware that all our sweets are manufactured and packaged in
environments in which nuts may be present and therefore cannot guarantee that
any sweets supplied are free of nuts and nut traces. Please note that
ingredients provided are those from manufacturers' packaging and lists and are
therefore as accurate as those available from sweet manufacturers, we therefore
cannot be held responsible for their content.
Returns
In order to ensure our customers receive the best level of service and are
happy to indulge their sweet tooth we offer a comprehensive returns policy in
the unlikely event that you are not 100% satisfied with sweets delivered.
Please note that the following returns procedure must be followed, and failure
to do so may result in us being unable to exchange goods or provide refunds.
Also please be aware that we cannot be held responsible and provide
refunds/exchanges on stock affected by circumstances beyond our control. This
includes damage and neglect after goods are received, goods being stored in climatic
conditions such as extremes of temperature that can affect some items - items
often stick together or alter appearance slightly, but will taste the same and
damage by third parties. In addition please be aware that during the hot summer
months goods in transport can be effected by the heat so be aware that delicate
items such as chocolate may not always look as intended, but they will of
course still taste as good as ever.
Should you wish to return an item for any reason please notify us within 48
hours of receipt of your order of any part that is unsatisfactory. In order to
arrange a return, please contact us and inform our customer service team of
your order number, the item you are returning and the reason for the return.
We will then reply with a unique returns authorisation number and the address
you need to send the item to.
You'll need to package the item securely and include:
Your order number;
The returns authorisation number;
Whether a replacement or refund is needed; and
The reason why you are returning the item.
Goods returned should be in their original condition and packaging in which
they arrived, along with a copy of the invoice or packing slip.
Once received items will be checked and refunds on goods and postage arranged
where suitable. We cannot issue refunds on simply unwanted goods due the
perishable nature of goods on sale. Refunds/exchanges will only be offered on
items that are faulty, and were clearly so at the time at which they were
dispatched.
22. All Competitions
We reserve the right to amend these Terms without notice from time to time. All
competitions are promoted and operated by TheHut.com Limited.
These rules will be deemed incorporated into each competition except to the
extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood
these Terms and be bound by them. All of our decisions will be final and
binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of
any The Hut Group company or any other person who is directly connected with
the organisation of any particular competition is ineligible to participate.
Competitions are only open to residents of the UK (excluding Northern Ireland).
All entrants are to be aged 18 or over unless any other age restriction is
specified or implied. Entrants should, if under 18, obtain permission in
advance from their parent or guardian.
All entries must be received by the closing date specified in the competition.
Answers will be entered upon submission. No responsibility will be taken for
any answers that are misdirected, lost for technical or other reasons or
received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any
competition which we consider have used improper technical means to enter
and/or we believes fraudulent.
Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by
the winner or any entrant to comply with these terms and conditions; (ii) any
disruption, delay or misdirection of entries; or (iii) any server, system or
network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and
conditions unless stated otherwise.
Prizes
If for any reason an advertised prize is unavailable we reserve the right at
our absolute discretion to substitute a similar prize of equivalent or greater
value.
Only one prize will be awarded per household.
There will be no cash or other alternative to the prize offered and prizes are
not transferable.
Notification
The winner’s name will be selected in a random draw, after the closing date,
from all correct answers received.
The winner of a prize will be notified within 28 days after the winner has been
ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of a competition is unable to take up a prize for any reason or
if the winner cannot be notified after reasonable efforts having been made then
we may dispose of the prize as we think fit without any liability to the winner
for having done so.
For each competition, only one prize will be awarded per entrant / email
address. Names of winners will be available on request.
The names of the winners may be published on our Website and/or on our
Facebook, Twitter or any other social media platform.
Claiming Prizes
Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize-winners
unless otherwise stated; (b) we reserve the right to require written permission
from the parent or guardian of any winner who is under the age of 16 and to
require such a winner to choose as a companion someone 18 or over.
Competition prizes/tickets may be restricted to certain times of the year and
unless otherwise stated all prizes must be taken within six months of the date
of the competition draw.
Where prizes are to be provided by a third party then the winner will be
required to complete all appropriate or applicable booking or other formalities
direct with such providers. We will have no responsibility for the
acts/defaults of any other persons or companies.
23. Reviews
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media.
You grant www.bytomdaley.com and its sub-licensees the right to use the name
that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content
and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above
rights granted by you to www.bytomdaley.com, including the execution of deeds
and documents, at the request of www.bytomdaley.com.
You represent and warrant that you own or otherwise control all of the rights
to the content that you post; that, as at the date that the content or material
is submitted to www.bytomdaley.com:
The content and material is accurate; use of the content and material you
supply does not breach any applicable www.bytomdaley.com guidelines; and will
not cause injury to any person or entity (including that the content or
material is not defamatory). You agree to indemnify www.bytomdaley.com for all
claims brought by a third party against www.bytomdaley.com arising out of or in
connection with a breach of any of these warranties.
Winners of the review competition will be notified by email.
Failure to respond to our notification email within 20 days will result
in the prize being forfeit.
25. Multi-buy Offers
This offer applies only to qualifying items listed in the Multi-buy area of
this Website.
Where any goods are returned (except for an exchange where products are
faulty/defective), we are entitled to either require the return of all goods
delivered as part of that Multi-buy offer at your cost or charge you for the
goods retained by you at the full price quoted on this site.
26. Gift with Products Promotions
Where we are offering a free gift with a product, we shall only provide one
free gift per transaction (irrespective of how many products are purchased).
The free gift is subject to availability and we reserve the right to change the
free gift for a gift of equivalent value.
27. Special Offers & Promotions
Discount codes that are valid across the entire site exclude the following
unless stated otherwise;
Pre-orders
Bundles
Limited Edition products and collections
Subscriptions
All Sale, Clearance, Outlet Lines
Can not be used in conjunction with other promotions
Unless expressly stated otherwise, all discount codes/offers are subject to a
maximum discount value equivalent to £1 per 1% of discount (e.g. a 10% discount
code is capped at a maximum discount of £10, a 20% discount is capped at a
maximum discount of £20 etc). From time to time and at our sole discretion, we
may increase or decrease this cap for certain promotions.
28. Credit
Any credit will be valid for 12 months from the date of issue and will expire
on the anniversary of the date of issue.
the personal information which you are required to provide when you register is
true, accurate, current and complete in all respects; and
you are not impersonating any other person or entity.
The products purchased on this site are for private and domestic use only and
are not for re sale. You will notify us immediately of any changes to the
personal information by e-mailing our customer service representatives.