This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Contracts Regulations 2013 say that in some cases, you can cancel the contract within 14 days. See clause 8 for further details.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
ABOUT THESE TERMS
a.) These are the terms and conditions on which we supply any of the products listed on our website to you (“Products”) whether it’s for click and collect orders, special occasions (e.g. weddings or birthdays) or gift orders.
c) If you are a business or charity purchasing Products for fundraising purposes as part of our fundraising scheme, please read the Fundraising Terms on this page as these will apply. Please read these terms carefully and make sure that you understand them before ordering any Products from us. If you don’t understand these terms and want to talk to us about it, please contact us on our details set out below.
d) When we use the words ‘writing’or ‘written’ in these terms, this includes email.
e) If you are purchasing doughnuts as part of a Krispy Kreme promotions, separate Promotional Terms and Conditions can be found on this page and should be read in conjunction with these Terms and Conditions.
INFORMATION ABOUT US AND CONTACTING US
We are Krispy Kreme U.K. Limited a company registered in England and Wales. Our company number is 04532445 with a registered office at Unit 4, Albany Park, Frimley Road, Camberley, Surrey, GU16 7PQ and our VAT number is GB115156541.
- You can contact us by telephoning our customer service team on 01276 601170, by writing to us at email@example.com, or via our Contact Us page here. If we have to contact you, we will do so by e-mail or by pre-paid post to the address you provided to us in your order.
1. PLACING AN ORDER AND OUR CONTRACT WITH YOU
a) Placing your order. Our shopping pages will guide you through the steps you need to take to place an order with us.
b) Correcting input errors. 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.
c) Acknowledging receipt of your order. 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.
d) Accepting your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract between you and us will come into existence.
e) If we cannot accept your order. If we are unable to accept your order or supply you with a Product, we will inform you of this and will not process your order or charge you for the Product. This might be because the Product is not in stock or no longer available, because we are unable to meet your requested delivery or collection date or because of an error in the price or description of the Product. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
f) 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.
g) 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 outside of the UK
h) Your rights to make changes. If you wish to make a change to the Product 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 Product, 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.
2. OUR RIGHTS TO MAKE CHANGES
a) Changes to the Products and these terms. We may change the Product to reflect changes in relevant laws and regulatory requirements. We may also amend these terms from time to time and if we do so we will notify you before the changes take effect. If you do not agree to the changes, you may contact us to end the contract and receive a refund for any Products paid for but not received.
b) Choose Your Own Availability. For orders of Choose Your Own Dozen doughnuts, we will endeavour to supply the doughnuts you have chosen. However, we reserve the right to substitute up to three doughnuts with the closest alternatives in the event of non-availability.
3. OUR PRODUCTS
a) 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, toppings and fillings 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.
b) Product packaging may vary. The packaging of the Products may vary from that shown on images on our website.
4. PROMOTIONAL DISCOUNTS AND OFFERS
a) From time to time we may offer promotional discounts and offers on our Products. All promotions are subject to separate terms and conditions. To see our current promotions and the terms which apply to them please view our Promotional Terms and Conditions on this page.
5. DELIVERY AND COLLECTION OF THE PRODUCTS
a) We do not deliver all Products. We do not offer delivery for all of our Products. During the order process we will let you know whether any Products you have ordered have to be collected from our store.
b) Collection by you. If you have to collect any Products from our stores (or you have asked to collect any Products that can be delivered), you will be given the opportunity to select an available collection date when you place your order. You can collect your doughnuts at any time on the day selected, within the collection store opening hours. You must collect the Products from the store you selected when placing your order within the relevant store's opening hours or they will be disposed of. The opening hours for the store you selected are shown as part of the order process or can be found on our website.
Our doughnuts are made fresh daily. This means that if you do not collect your doughnuts on the day that you have selected, they will be disposed of and no refund given. If you need to change your collection date, please contact Customer Care on 01276 601170 or email us at firstname.lastname@example.org
c) Documents required to collect your order. You may be requested to provide proof of purchase or other identification, such as your confirmation email or the payment card used to pay for your order when you collect any Products so please ensure you have this with you.
d) Delivery of Products. If we agree to deliver any Products to you, we will either set out an estimated delivery date during the order process (which will be within 30 days after the day on which we accept your order) or contact you to agree a delivery date.
e) We do not deliver to certain part of the UK. Depending on your order, we may not be able to offer delivery to the following areas: Scottish Highlands, Northern Ireland, Isle of Wight, Isle of Man, Channel Islands, Alderney, Herm, Sark and International Countries. We will set this out to you during the order process.
f) If you are not at home/delivery location 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.
g) If you do not collect your Products or re-arrange delivery. All of our doughnut Products are made fresh daily. If you fail to collect your order for doughnut Products on the day arranged, they will be destroyed and you may not be entitled to a refund (see clause 10 which will apply). For other Products, if you do not collect them 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 will apply.
h) Delivery and packaging costs. The costs of delivery will be displayed to you on our website and/or during our order process. A packaging charge will be added to all orders for delivery. This charge will be 5p per carrier bag required by the courier to transport and deliver your order. These packaging costs will be included in your delivery costs.
i) When you become responsible for the Products. The Products will be your responsibility from the time you collect the Products from us or when we deliver the Product to the address you gave us.
j) When you own the Products. You own the Products once we have received payment in full, including all applicable delivery charges.
k) Carrier bag charges. On collection of your order the team in store will ask if you require carrier bags which cost 5p per bag. These charges are in addition to the costs you have paid under your order.
l) 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.
6. YOUR RIGHTS TO CHANGE YOUR MIND AND CANCEL THE CONTRACT (CONSUMER CONTRACTS REGULATIONS 2013)
a) Exercising your right to change your mind. For some Products bought online you have a legal right to change your mind and cancel the contract (without giving any reason) and receive a refund. As our doughnuts are baked fresh and have a limited shelf life, the cancellation rights set out in this clause do not apply to any orders for doughnuts.
b) How long do you have to change your mind. You have 14 days after the day you receive the Product to change your mind, unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the Products.
c) How to end the contract with us if you have changed your mind.To end the contract with us, let us know by calling customer services on 01276 601170 or email@example.com Please provide your name, home address, details of what you bought and when you ordered or received it and, where available, your phone number and email address.
d) Returning Products after ending the contract and you must pay the costs of return. You must either return the Products to your local store or post them back to us at Krispy Kreme UK Ltd, Unit 4 Albany Park, Frimley Road, Camberley, Surrey, GU16 7PQ. Please call customer services on 01276 601170 or email us at firstname.lastname@example.org to tell us that you wish to end the contract and for further information regarding how to return the Products. You must send off the Products within 14 days of telling us you wish to end the contract. You must pay the costs of return.
e) 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.
f) Deductions from refunds if you are exercising your right to change your mind:
g) 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. 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. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
h) When your refund will be made. We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- 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; or
- if you have not received the Product: 14 days after you inform us of your decision to cancel the contract.
7. IF THERE IS A PROBLEM WITH THE PRODUCT
a) How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can contact us on the details set out in the box at the beginning of these terms.
b) Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box at the beginning of these terms for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
c) Returning faulty Products. If you wish to exercise your legal rights to reject faulty Products you must either return the Products to your local store (if we accept this) or post them back to us at Krispy Kreme UK Ltd , Unit 4 Albany Park , Frimley Road, Camberley, Surrey , GU16 7PQ. We will refund the price of the Products in full and pay the costs of postage. Please call customer services on 01276 601170 or email us email@example.com to tell us that you wish to end the contract and for further information regarding how to return the Products.
8. OUR RIGHTS TO END THE CONTRACT
a) 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 you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
b) 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.
c) 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 if we stop the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
9. PRICE AND PAYMENT
a) 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 place your order. We take all reasonable care to ensure that the price of Product is correct. However, please see clause 11.3 for what happens if we discover an error in the price of Product you order.
b) We will pass on the changes in the rate of VAT. If the rate of VAT changes between the date of your order and the date we supply the Product, we will adjust the VAT you pay, unless you have already paid for the Product in full before the change in VAT takes effect.
c) What happens if we got the price wrong? It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform 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.
d) When you must pay and how you must pay. You must pay for the Products online before we dispatch them for collection and/or delivery. You can pay for the Products using a debit card or credit card. We accept payments by Visa, MasterCard and debit cards.
e) We use a payment service provider. We use Braintree, a service of PayPal (Europe) as our chosen payment service provider. When you have selected your Products and proceed to the checkout page to pay for them you will be redirected to the Braintree website to make the payment. Braintree 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.
10. HOW WE USE YOUR PERSONAL INFORMATION
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
a) 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.
b) 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 (as summarised in the box at the beginning of these terms); and for defective products under the Consumer Protection Act 1987.
c) We are not liable for business losses. We only supply the Products for domestic and private use. If 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.
12. OTHER IMPORTANT TERMS
a) We may transfer the contract 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.
b) 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 in writing.
c) 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.
d) If a court finds part of these terms 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 or unenforceable, the remaining paragraphs will remain in full force and effect.
e) 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.
f) Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English 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 courts.