Terms & Conditions
TERMS AND CONDITIONS
1 ABOUT THESE TERMS
1.2 These Terms will apply to any contract between us for the sale of Products to you ("Contract").
1.3 You can use the Website to place orders:
1.3.1 as part of our fundraising scheme ("Fundraising"). For further details of the fundraising scheme please click here.
1.3.2 using our "Click and Collect" service ("Click and Collect");
1.3.3 for Products available as part of our corporate, weddings and events range ("Occasions"); and
1.3.4 for Krispy Kreme gifts ("Gifts").
1.4 Please read these Terms carefully and make sure that you understand them before ordering any Products from the Website. Please note that before placing an order you will be asked to agree to these Terms. If you do not accept these Terms, you should not use the Website and will not be able to order any Products.
1.5 You should print a copy of these Terms or save them to your computer for future reference.
1.6 We may amend these Terms from time to time as set out in clause 3. Every time you order Products from the Website, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in March 2015.
2 INFORMATION ABOUT US AND CONTACTING US
2.1 The Website and the Products displayed on it are provided by Krispy Kreme U.K. Limited, a company registered in England and Wales under company number 4532445. Our registered office is at Unit 4, Albany Park, Frimley Road, Camberley, Surrey, GU16 7PQ and our VAT number is 805331070.
2.2 If you wish to contact us to discuss any aspect of your order, including if you have a complaint, please use the following contact details:
2.2.2 Telephone: 01276 601170
2.2.3 In writing: Unit 4, Albany Park, Frimley Road, Camberley, Surrey, GU16 7PQ.
2.3 If you are a consumer: if we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.4 If you are a business: if you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.3.
3 OUR RIGHT TO VARY THESE TERMS
3.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
3.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
3.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
3.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
4 USE OF THE WEBSITE
4.1 Use of the Website includes accessing, browsing or registering to use the Website. By using the Website you are confirming that you accept these Terms and that you agree to comply with them.
4.2 We may update the Website from time to time and may change the content at any time. Any of the content on the Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
4.3 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
4.4 By accessing the Website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of the Website for your use in accordance with these Terms. You must not modify the copies of any materials on the Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Websites in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.5 Except as expressly permitted by clause 4.4, you may not (except to the extent required in order to use the Website in accordance with these Terms) copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of the Website or systematically extract material from the Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of the Website or any document available through it without our prior written consent.
4.6 The Website should only be accessed using a computer linked to a secure network environment.
4.7 We cannot guarantee that the Website will operate in accordance with your expectations or will be error free. If you are aware of any error on the Website please contact us using our contact details in clause 2 and we will endeavour to correct it.
4.8 It is our policy to virus check documents and files before they are posted on the Website. However, we cannot guarantee that documents or files downloaded from the Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using the Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with:
4.8.1 any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third party websites linked to the Website; and
4.8.2 any interruptions in your access to the Website.
5 YOUR USERNAME AND PASSWORD
5.1 When you place an order using the Website, you will be given the option to create an account with us. Creating an account allows you to view all your order details on the Website. For Fundraising, Click and Collect and Gifts orders you can place an order as a guest without creating an account but if you choose to place an order as a guest you will not be able to view your order details once you have placed your order. For Occasions orders, you will need to set up an account in order to proceed.
5.2 By registering for an account you will automatically become a Friend of Krispy Kreme (FOKK). If you do not want to become a friend of Krispy Kreme or to receive this information, you can opt out [by unsubscribing to the email when it is delivered or update your preferences).
5.3 You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible using our contact details in clause 2.
5.4 We reserve the right to disable any user identification code or password used to access to the Website at any time if in our reasonable opinion you have failed to comply with these Terms.
5.5 You shall not obtain or attempt to obtain unauthorised access to any area of the Website which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
6 OUR PRODUCTS
6.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
6.2 The packaging of the Products may vary from that shown on images on the Website.
7.1 From time to time we may offer promotional discounts and offers ("Promotions"). All Promotions are subject to separate terms and conditions. To see our current Promotions and the terms which apply to them please click here.
7.2 Please note that certain Promotions (for example, student and armed forces discount) are only available for in store. Unless otherwise specifically stated in the terms and conditions applicable to a certain Promotion, purchases from the Website are not eligible for any discount or offer as part of a Promotion.
8 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
8.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.
8.3 We will confirm our acceptance to you by sending you an e-mail (the "Confirmation E-mail"). The Contract between us will only be formed when we send you the Confirmation E-mail.
8.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery or collection date or because of an error in the price on the Website as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8.5 Once you have received the Confirmation E-mail your order is confirmed and cannot be changed or cancelled other than in accordance with clause 8.6 or clause 12.
8.6 You can amend your order for Occasions Products at any time until payment is taken in accordance with clause 11.5. If you need to make any changes to your Occasions order after you have received the Confirmation E-mail, please contact us to discuss your requirements.
9 DELIVERY AND COLLECTION
9.1 We only offer delivery for Occasions and Gifts orders. For these types of order, delivery will normally be made using first class royal mail or by courier for Occasions orders, unless otherwise agreed by us in writing. For all other types of orders, the Products must be collected in person from the store you selected when placing your order.
9.2 If we agree to deliver Products to you:
9.2.1 For Gifts orders our aim is to meet a three (3) working day window for delivery of your order, starting the day after the order is placed.
9.2.2 For Occasions orders we will agree a specific delivery date with you.
9.2.3 Whilst we will do our best to meet this time, occasionally our ability to do so may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens; and
9.2.4 the Products will be your responsibility from delivery.
9.3 If you have agreed to collect your order:
9.3.1 you will be given the opportunity to select a collection date and an AM or PM time slot when you place your order. For Occasions orders lead times may vary depending on product choice. For Fundraising orders, we usually require at least fourteen (14) days' notice before your order will be ready for collection;
9.3.2 you must collect the Products from the store you selected when placing your order;
9.3.3 you can collect your Products within the relevant store's opening hours. The opening hours for the store you selected are shown as part of the order process or can be found on the Website;
9.3.4 all our doughnut Products are made fresh daily. If you fail to collect your order for doughnut Products on the day notified to you for collection, they will be destroyed and you will not be entitled to a refund; and
9.3.5 the Products will be your responsibility from collection.
9.4 You may be requested to provide proof of purchase or other identification, such as your Confirmation E-mail or the payment card used to pay for your order when we deliver or you collect the Products so please ensure you have this with you.
9.5 You own the Products once they have been delivered to you or you have collected them and we have received payment in full, including all applicable delivery charges.
Clauses 9.7 to 8.8 only apply if you are a consumer and if we have agreed to deliver the Products to you.
9.6 If we do not deliver the Products within thirty (30) days of the date of the Email Confirmation, then you may cancel your Order straight away if any of the following apply:
9.6.1 we have refused to deliver the Products;
9.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
9.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
9.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.8 If you do choose to cancel your Order for late delivery under clause 9.7 or clause 9.8, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10 PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on the Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 The Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11 HOW TO PAY
11.1 You can only pay for Products online using a debit card or credit card. We accept payments by Visa, MasterCard and debit cards. Please note that we do not accept payment by American Express.
11.2 We use Sage Pay Europe Limited ("Sage Pay") as our chosen payment service provider. When you have selected your Products and proceed to the checkout area to pay for them you will be redirected to the Sage Pay website to make the payment. Sage Pay are an independently certified Level 1 payment service provider who use the highest levels of industry standard data encryption. We do not collect or retain your payment details.
11.3 If you have an approved corporate account with us, your order will be charged to your account and the payment terms applicable to your account will apply.
11.4 Unless clause 11.5 applies, payment for the Products, including and all applicable delivery charges, is in advance.
11.5 Payment for Occasions orders will be taken on confirmation of your order which will be at least seven (7) working days prior to delivery.
12 YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 12 only applies if you are a consumer and your order is for Gifts. It does not apply if your order is for doughnuts, including Fundraising, Click and Collect and Occasions orders.
12.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 12.3. This means that, subject to clause 12.2, during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
12.2 As our doughnuts are baked fresh and have a limited shelf life, the cancellation right in clause 12.1 does not apply in the case of any order for our fresh doughnuts. This includes Fundraising, Click and Collect and Occasions orders.
12.3 Your legal right to cancel a Contract starts from the date of the Confirmation E-mail (the date on which we e-mail you to confirm our acceptance of your order). Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
12.3.1 if your Contract is for a single Product (which is not delivered in instalments on separate days), the end of the cancellation period is the end of 14 days after the day on which you receive the Product;
12.3.2 if your Contract is for either:
a) one Product which is delivered in instalments on separate days; or
b) multiple Products which are delivered on separate days,
the end of the cancellation period is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
12.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this by completing the cancellation form which is included at the end of these Terms. If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact us to cancel by e-mail, telephone or by writing to us using our contact details in clause 2.
12.5 If you send us your cancellation notice by e-mail or by post, your cancellation is effective from the date you send us the e-mail or post the letter to us.
12.6 If you cancel your Contract we will:
12.6.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
12.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer; and
12.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
a) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 12.9; or
b) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
12.7 If you have returned the Products to us under this clause 12 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
12.8 We will refund you on the credit card or debit card used by you to pay.
12.9 If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see use the address in clause 2.2 for returns.
12.10 Unless the Product is faulty or not as described (in this case, see clause 1.1), you will be responsible for the cost of returning the Products to us.
12.11 Products must be returned to the address for returns as stated in your Confirmation E-Mail. Please note that we cannot accept return of Gift items in store.
12.12 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 12 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13 HOW WE USE YOUR PERSONAL INFORMATION
14 OUR LIABILITY IF YOU ARE A BUSINESS
This clause 12 only applies if you are a business customer.
14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
14.2 Nothing in these Terms limits or excludes our liability for:
14.2.1 death or personal injury caused by our negligence;
14.2.2 fraud or fraudulent misrepresentation;
14.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.2.4 defective products under the Consumer Protection Act 1987.
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.3.1 any loss of profits, sales, business, or revenue;
14.3.2 loss or corruption of data, information or software;
14.3.3 loss of business opportunity;
14.3.4 loss of anticipated savings;
14.3.5 loss of goodwill; or
14.3.6 any indirect or consequential loss.
14.4 Subject to clause 14.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15 OUR LIABILITY IF YOU ARE A CONSUMER
This clause 15 only applies if you are a consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
15.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
15.3.5 defective products under the Consumer Protection Act 1987.
16 EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17 COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If you are a consumer you may contact us as described in clause 3.
17.3 If you are a business:
17.3.1 any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
17.3.2 a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission; and
17.3.3 in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18 IF YOU ARE A BUSINESS CUSTOMER
This clause 18 only applies if you are a business.
18.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Website to purchase Products.
18.2 These Terms and any document referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
18.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them.
18.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
19 OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),