Our terms for online sales to consumers
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, please contact us to discuss any issue.
2. Information about us and how to contact us
2.1 Who we are. We are Dilishque, which is the trading name of Paste 2 Perfection Limited, a company registered in England and Wales. Our company registration number is 8750047 and our registered office is at 64 Plover Road, Huddersfield, HD3 3HR.
2.2 How to contact us. You can contact us by writing to us at admin@dilishque.co.uk (or subscription@dilishque.co.uk if your query relates to a subscription) or via the online contact form available at https://dilishque.co.uk/contact-us. You can also contact us in this way to request that we call you back to discuss an issue.
2.3 How we may contact you. If we have to contact you we will do so by telephone (if you have provided us with a telephone number) or by writing to you at the email address or postal 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.
3. Our contract with you
3.1 How we will accept your order. 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.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might be because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the products or because we are unable to meet a delivery deadline. If you have already paid before the contract is formed by our acceptance of your order (see clause 3.1), we will promptly refund you in full if we are unable to accept it.
3.3 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. 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 products may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the products may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the products you have ordered please contact us. 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 products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the products:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) as a result of the home-made and small-batch nature of our products leading to minor differences between batches; and
(c) as a result of seasonal variations in our ingredients leading to minor differences.
These changes will not affect your use of the products.
6.2 More significant changes to the products and these terms. In addition, we may make the following changes to these terms or the products on the following bases, but 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.
(a) Subscription prices. We may increase the recurring cost of our subscription products from time to time provided that we give you no less than 3 months’ notice of our proposed increase by email to the email address provided to us by you. You may cancel your subscription before the increase takes effect in accordance with clause 8.3 or otherwise the increased price will apply from the date stated in the notice.
(b) Product range. We may from time to time add new products to our range or permanently cease production of existing products. If you have a subscription for products selected by us, the new products may be included in the products sent to you. If you have a subscription for products which we will no longer produced we will give you no less than 3 months’ notice of the cessation by email to the email address provided to us by you. You may cancel your subscription before the cessation takes effect in accordance with clause 8.3 or otherwise we will substitute a product which in our reasonable opinion is the most suitable alternative.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
(a) If the products are a one-off purchase. If the products are a one-off purchase we will deliver them to you as soon as reasonably practicable and in any event within 30 days after the day on which we accept your order.
(b) If the products are a subscription. We will supply the products to you until either the subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10, except for any period in which your subscription is suspended as described in clauses 7.11 to 7.13.
7.3 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.
7.4 If you are not at home when the products are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or the person delivering on our behalf) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. 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.
7.6 When you become responsible for the products. The products will be your responsibility from the time we deliver them to the address you gave us.
7.7 When you own products. You own products once we have received payment in full.
7.8 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 your address and other contact details. 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.
7.9 Updating your information. You can contact us at admin@dilishque.co.uk or, in respect of subscriptions, subscription@dilishque.co.uk to update any relevant information which we require and which changes. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by relevant information we hold being out of date.
7.10 Updating your delivery address. In particular, if your address for delivery of a subscription product changes you must notify us of the new delivery address at least 14 days before the next scheduled payment is due to be made otherwise we will not be responsible for any consequences of delivering the products to the previous address.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of products:
(a) to deal with technical problems or make minor technical changes;
(b) to update the products to reflect changes in relevant laws and regulatory requirements;
(c) to make changes to the products as requested by you or notified by us to you (see clauses 5 and 6); or
(d) otherwise as a result of unexpected limits on our resources which we could not reasonably plan for.
7.12 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 products, unless the problem is urgent or an emergency. If we have to suspend the products we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for products if we suspend it, or tell you we are going to suspend it, in each case in accordance with clause 8.3(d) and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.
7.13 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 12.4) we may suspend supply of the products and will not deliver any 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 in good faith (see clause 12.5). We will not charge you for the products during the period for which they are suspended.
7.14 You will be deemed to cancel the contract if you do not pay. If you still do not make payment within 7 days of us reminding you that payment is due in respect of a subscription, you will be deemed to have given notice at the expiry of this 7-day period to cancel the contract under clause 8.2.
8. Your rights to end the contract
8.1 You might be entitled to 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 and when you decide to end the contract:
(a) if you wish to end a subscription, see clause 8.2;
(b) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products replaced or to get some or all of your money back), see clause 11;
(c) if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.3; or
(d) if you have just changed your mind about the products, see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
8.2 If you wish to end a subscription. You may end an ongoing subscription at any time by giving us notice at least 14 days before the next scheduled payment for your subscription. If any payment is due within 14 days following you giving us notice, this payment will still be due and we will still provide the goods paid for. See clause 9.1 for how to give us notice to end the subscription.
8.3 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 and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the products or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the products 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 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this right does not apply in respect of products which are liable to deteriorate or expire rapidly, which may be the case with the products bought from us. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) any of our products which are liable to deteriorate or expire rapidly;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(c) any products which become mixed inseparably with other items after their delivery.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought products (except for any which are liable to deteriorate or expire rapidly), you have 14 days after the day you (or someone you nominate) receives the products, unless:
(a) your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products; or
(b) your products are for regular delivery over a set period (for example a subscription for our products), in which case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by writing to us in one of the following ways:
(a) by email. Email us at admin@dilishque.co.uk (or subscription@dilishque.co.uk in relation to a subscription). Please provide your name, home address, details of the order and, where available, your phone number and email address; or
(b) by post. Print off the form in the schedule at the end of these terms 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. 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 post them back to us at Heritage Exchange, Wellington Mills, 64 Plover Road, Huddersfield HD3 3HR or (if they are not suitable for posting) allow us to collect them from you, and include your name, address and order number. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
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; or
(b) if you are ending the contract because we have told you of an upcoming change to the products 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the products from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop, and if we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offered at the time of purchase (for example, if we offered delivery of products within 3-5 days at one cost but you chose to have the products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option).
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us (for information about how to return products to us, see clause 9.2); or
(b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract 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 14 days of us reminding you that payment is due (but we will not end the contract where you dispute the unpaid invoice in good faith (see clause 12.5));
(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, for example your new address if we are informed that you no longer live at the address initially provided; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 We may end subscriptions. We may choose to cease to provide our products by way of subscription in whole or in part, or change the basis on which we do so. In such circumstances we may end the contract by letting you know at least 3 months in advance and will refund any sums you have paid in advance for products which will not be provided.
10.3 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 reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.4 We may withdraw the products. We may write to you to let you know that we are going to stop providing the products. We will let you know at least 3 months in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the products
11.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can write to us at admin@dilishque.co.uk (or subscription@dilishque.co.uk if your query relates to a subscription) or via the online contact form available at https://dilishque.co.uk/contact-us. You can also contact us in this way to request that we call you back to discuss an issue.
11.2 Our legal duty. We are under a legal duty to supply products that are in conformity with this contract.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us at Heritage Exchange, Wellington Mills, 64 Plover Road, Huddersfield HD3 3HR or (if they are not suitable for posting) allow us to collect them from you. Please write to us at admin@dilishque.co.uk (or subscription@dilishque.co.uk if your query relates to a subscription) or via the online contact form available at https://dilishque.co.uk/contact-us to arrange collection.
12. Price and payment
12.1 Where to find the price for the products. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the products advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the products you order.
12.2 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 products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
12.3 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. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. 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 products provided to you.
12.4 When you must pay and how you must pay. We accept payment via the PayPal payment system through your PayPal account or a credit or debit card. You must pay for the products before we dispatch them.
12.5 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.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability: for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and fit for any particular purpose made known to us); and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use unless otherwise expressly agreed. If we have not so agreed and you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If we have so agreed, this agreement will not apply to our supply unless we otherwise expressly state that it does, and our standard terms of supply to businesses (or any other terms expressly agreed in writing) will instead apply.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found here https://dilishque.co.uk/privacy-policy/
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. In respect of subscriptions, if you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you the pro rata amount of any payments you have made in advance for products not provided.
15.2 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, for example, this would lead to an unreasonable increase in unrecoverable cost to us.
15.3 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.
15.4 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.
15.5 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.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts. We may bring proceedings in the Scottish courts if you live in Scotland, the Northern Irish courts if you live in Northern Ireland, or otherwise the English and Welsh courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to West Yorkshire Trading Standards Service ADR Scheme via their website at https://www.wyjs.org.uk/adr. West Yorkshire Trading Standards Service ADR Scheme will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that whilst the United Kingdom remains part of the European Union or after leaving has an applicable agreement in place, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr.
Schedule 1 Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Paste 2 Perfection Ltd (trading as Dilishque)
Heritage Exchange
Wellington Mills
64 Plover Road
Huddersfield
HD3 3HR
admin@dilishque.co.uk (or subscription@dilishque.co.uk in respect of a subscription)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate
© Crown copyright 2013.