Terms and Conditions

Terms of business of Duvano Limited trading as World of Confectionery with business customers.

  1. These terms

1.1           What these terms cover. These are the terms and conditions on which we supply products to you.

1.2           Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

1.3           Are you a business customer or a consumer? In some areas you will have different rights in law depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to businesses are set out on this Terms of Business Agreement

1.4           This agreement will apply to all business and consumers. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

  1. Information about us and how to contact us

2.1           Who we are. We are Duvano Limited trading as “World of Confectionery established in England and Wales. Our company registration number is 094202995 and our address is Duvano ltd, trading as World of Confectionery, 35 Ruddlesway, SL4 5SF, Windsor. Our registered VAT number is [GB217268408].

2.2           How to contact us. You can contact us by telephoning our customer service team at 02031919978 or by writing to us at sales@worldofconfecttionery.co.uk and in writing to Duvano ltd, trading as World of Confectionery, 35 Ruddlesway, SL4 5SF, Windsor

2.3           How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.

2.4           “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  1. Our contract with you

3.1           How we will accept your order. You will in all circumstances when placing an online order tick the relevant box of our terms of agreement prior to submitting your order.

3.2           Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. This also applies to telephone and E-mailed orders.

3.3           If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.4           Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

  1. Our products

4.1           Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because products we market are mass-produced, all sizes, weights, capacities, dimensions and measurements indicated on our website have a [10] % tolerance.

4.2           Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3           Making sure your measurements are accurate. If we are arranging to supply the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. You may find information and tips on how to measure on our website.

  1. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us by email. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm by email whether you wish to go ahead with the change.

  1. Our rights to make changes

6.1           Significant and minor changes to the products. We may change the product:

(a)        to reflect changes in relevant laws and regulatory requirements where the confectionery product you ordered is withdrawn by the manufacturer. If we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received: and

(b)        to implement minor technical adjustments and improvements, for example to address a security threat.

  1. Providing the products

7.1           Movement on manufacturers price list and our responsibility/ your liability in that connection. A relevant movement on the product manufacturer’s price (which from time to time is the base from which the product prices we post on our website are calculated, following our posting, with up to a 24 hour time lag, a new website price in response to such movement) will occur when the manufacturer changes its price list by increasing its price for the product in respect of we accept your order, but before stock appropriated to your order leaves the manufacturer’s warehouse (“dispatch”). In event of such a movement in the manufacturer’s price list, as we held it 24 hours before your online order during the following period of time until dispatch, the new price of product we deliver to you shall be applied.

7.2           Where we do not comply with the time limit under clause 7.3, and the delay in a delivery leaving warehouse arises from something under our control , and the delay under our control causes an increase (or further increase) on our website posted corresponding price under clause 7.1, the product price applying thereunder we invoice to your will be discounted to remove that element of price prejudice to you,

7.3           Delivery costs. The costs of delivery will be as displayed to you on our website or applied on your final invoice depending on location of delivery.

7.4           When we will provide the products. We will deliver products to you as soon as reasonably possible and in any event within [14] days after the day on which we accept your order providing payment has been made. Alternatively, we will contact you and agree a delivery date, which will be within [30] days after the day on which we accept your order.

7.5           We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.6           Collection by you. If you have asked to collect the products from our warehouse’s premises, you can collect them from the address we email to you when accepting your order during working hours of 10:00-17:00 Monday to Friday (excluding public holidays) unless other times are indicated in our email you.

7.7           If you are not at your business premises when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.8           If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.9           If you do not allow us access to provide product. If you do not allow us access to your property to deliver product as arranged, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.10        When you become responsible for the goods. A product will be your responsibility from the time goods are collected by the customer and or logistics firm collecting the goods to deliver at your designated location. All risk in the goods shall pass to the customer.

7.11        When you own goods. You own a product once we have received payment in full.

7.12        What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, in the specific description and mass of product, if that has not been stated in the description of the products on our website. We will contact you by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13        Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)        deal with technical problems or make minor technical changes;

(b)        update the product to reflect changes in relevant laws and regulatory requirements;

7.14        make changes to the product as requested by you or notified by us to you (see clause 6).

7.15        Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the supply of product for longer than [14] days in any of [one] month you do not pay for products while the corresponding deliveries are suspended. You may contact us to end the contract for a product if we suspend product delivery for longer than [30 days] in a [two] months period or tell you we are going to suspend it by longer that such periods, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.16        We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.4) and you still do not make payment within [5] days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.9). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.8).

  1. Your rights to end the contract

8.1           You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product or to get some or all of your money back), see clause 9.3(a);

(b)        If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; and

(c)        In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.3

8.2           Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a)        we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1(a));

(b)        we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

(c)        there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)        we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [30] days; or

(e)        you have a legal right to end the contract because of something we have done wrong.

8.3           Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you may end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is collected/delivered and paid for.

If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) compensation at our choice:

(a)        for the reasonable costs we will incur as a result of your ending the contract; or

(b)        the price of product less the costs we are saved because the contract is not completed.

  1. How to end the contract with us

9.1           Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)        Phone or email. Call customer services on [02031919978] or email us at sales@worldofconfectionery.co.uk .Please provide your name, address, details of the order and, where available, your phone number and email address.

(b)        By post. Print off the form we will email to you and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2           Returning products after ending the contract on the grounds mentioned in clause 9.3. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect them from you or otherwise agreed. Please call customer services on [02031919978] or email us at sales@worldofconfectionery.co.uk to arrange collection.

9.3           When we will pay the costs of return. We will pay the costs of return:

(a)         if the products are faulty or misdescribed;

(b)         if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

9.4           What we charge for collection. If we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

9.5           How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs,. However, we may make deductions from the price, as described below.

9.6     When your refund will be made. We will make any refunds due to you as soon as possible. within 14 days of your telling us of the reason why such refund is due.

  1. Our rights to end the contract

10.1        We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)        you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due. This does take away our right not to end the contract from which you have benefitted by receiving product without making full payment of what is due under the contract, and to claim that due amount;

(b)        you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c)        you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

(d)        you do not, within a reasonable time, allow us access to your premises to supply the services; or

10.2        You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you compensation measured under clause 8.3 (a) or

(b) In the event of special orders, we cannot refund any monies paid to us, unless products are not as described under the clauses of this contract.

10.3        We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

  1. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [02031919978] or write to us at sales@worldofconfectionery.co.uk or 35 Ruddlesway, SL4 5SF, Windsor

11.1        Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you obtained them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We may charge costs of postage or collection. Please call customer services on [02031919978] or email us at for a return label or to arrange collection on sales@worldofconfectionery.co.uk

  1. Your rights in respect of defective products if you are a business

12.1        If you are a business customer, we warrant that on delivery any products which goods are shall:

(a)        conform in all material respects with their description and any relevant specification (save for shell life after delivery to you);

(b)        be free from material defects in manufacture, design and material, however this does not extend to products remaining in the same condition on delivery during a product shelf life you may keep the product for after delivery. In the event of such a change of condition;

(i)          you shall have no claim in respect thereof unless it materially and unreasonably detracts from the quality and fitness of the product supplied to you;

(ii)         the detrimental change in product condition breaks a product warranty we continue to have the benefit of from the product manufacturer (our claim on the third party product warranty); and

(iii)       your claim against us will be discharged by our transferring to you our claim on the third party warranty (which may be limited in amount and time for claim to be validly presented to the warrantor, to the extent such limitations are reasonable)

12.2        Subject to clause 12.3, if:

(a)        you give us notice in writing within a reasonable time of discovery that a product does not comply with a warranty set out in clause 12.1; which is within 24 hours of delivery with photographic evidence, and in writing to sales@worldofconfectionery.co.uk.

(b)        we are given a reasonable opportunity of examining such product; and

(c)        you return such product to us at our cost,

we shall apply the provision made in clause 12.1 (b) (iii), where circumstances of change of condition lead to our offering transfer to you of our claim on the third party product warranty, and failing that, at our option, replace the defective product, or refund the price of the defective product in full.

12.3        We will not be liable for a product’s failure to comply with the warranty in clause 12.1 if:

(a)        you make any further use of such product after giving a notice in accordance with clause 12.2(a);

(b)        the defect arises because you failed to follow our oral or written instructions as to the consumption or storing of product (including “best before” shelf life) of the product;

(c)        the defect arises as a result of us following any design or specification supplied by the Customer;

(d)        you alter or repair the product in any way; or

(e)        the defect arises as a result of anything arising after delivery of product to you or you keep the product after expiry of its recommended shelf life or in shop shelf environment which is not recommended by the product manufacturer.

12.4        Except as provided in this clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 12.1.

12.5        These terms shall apply to any replacement products supplied by us under clause 12.2.

  1. Price and payment

13.1        Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order subject to price escalation under clause 7.1. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see:

(a)        the last sentence clause 7.1 If you have to raise the issue of a late delivery discount on an invoice we have rendered to you, we will display to you the redacted document entries available to us which substantiate the timing of the relevant movement on the manufacturer’s price list; and

(b)        clause 13.3 for what happens if we discover an error in the price of the product you order.

13.2        We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

13.3        What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

13.4        When you must pay and how you must pay. We cannot until we advise otherwise on our website accept payment with credit or debit cards, or on open trading account. You must pay for the products by electronic transfer to our bank account (identified in our email accepting your order) before we dispatch them. Please insert the order number we give you on your CHAPS transfer instruction to your bank. We will not raise an invoice on the amount you paid us until we dispatch the products to you.

13.5        If you are a Credit Account Holder UK & EU Only The price for the supply of goods and services are as set out on the website. Invoiced amounts shall be due and payable no later than 28 days from the day of collection.

The supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5% per annum above the base rate of the HSBC Bank PLC. In the event that the customers procedures require that an invoice be submitted against a purchase order to payment, the customer shall be responsible for issuing such purchase orders before the goods and services are supplied.

 

13.6        If you are a Credit Account Holder UAE, ASIA, AFRICA The price for the supply of goods and services are as set out on the website. Invoiced amounts shall be due and payable no later than 28 or 58 days as greed on your credit application from the day of collection.

The supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5% per annum above the base rate of the HSBC Bank PLC. In the event that the customers procedures require that an invoice be submitted against a purchase order to payment, the customer shall be responsible for issuing such purchase orders before the goods and services are supplied.

13.7        Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). All Duties/Customs/ expenses incurred until goods are delivered to the customer.

13.8        We can charge interest if you pay late or prosecute. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of [5] % a year above the base lending rate of [HSBC Bank PLC]. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. If you fail to pay or delay payment you may be liable for prosecution and we can enforce a debt collection agency.

13.9        What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

  1. Our responsibility for loss or damage suffered by you if you are a business

14.1        Nothing in these terms shall limit or exclude our liability for:

(a)        death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)        fraud or fraudulent misrepresentation;

(c)        breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

14.2        Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

14.3        Subject to clause 14.1:

(a)        we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)        our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract identified by the corresponding order number for the affected product, excluding the other unaffected products also covered by that order.

  1. How we may use your personal information

15.1        How we will use your personal information. We will only use your personal information as set out in our Privacy Link.

  1. Other important terms

16.1        We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.2        You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is any disadvantage to us in accepting such.

16.3        Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

16.4        If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5        Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

16.6        Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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