Terms & Conditions
Terms & Conditions
Please read this carefully. By submitting an order on this website you are agreeing to the terms that appear below which will apply to any purchase made on this website. To register with and shop with www.gabriellacugno.com you must be eighteen years of age or over.
1. Purchase Contract
1.1 This website is operated by Gabriella Cugno Patissier & Chocolatier. (hereinafter also referred to as “Gabriella”, “I”, “her”, “we”, “she”, “us” or “our”) All purchases made on this website are governed by these Terms and Conditions.
1.2 Gabriella sells goods only to end-user consumers. All goods are sold subject to the condition that they will not be re-sold or otherwise circulated without Gabriella’s prior written consent.
1.3 Gabriella will confirm acceptance of your order. This will either be by a message on the website immediately after you have confirmed your order, or Gabriella will send an e-mail to the email address you have provided. Gabriella may do both. At this point the purchase contract will be made and Gabriella will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 You must be 18 years of age or over and must have completed the registration process in order to participate in Gabriella’s service.
2. Price and Delivery Charges
2.1 The price of the goods will be as quoted on the website at the time you confirm your order (usually by clicking the “Checkout” button). If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed.
2.2 The prices stated on the website will be inclusive of any tax payable.
2.3 The price of the goods does not include a charge for delivery. These charges are in addition and as follows. For standard first class delivery (1-3 working days), there is a standard delivery charge of £4.89. The delivery charge is calculated automatically and shown on the website when you place your order. Extra time must be allowed for deliveries.
2.4 Next day delivery charge is only guaranteed for orders placed before 4pm on Thursday’s for deliveries to go out before 12pm on Friday’s within UK mainland. Orders placed after this time will be delivered the next available delivery day.
3. Methods of Payment
3.1 Payment may be made by debit, credit or charge card, or through your own PayPal Account. You cannot pay for an online order by cash or cheque. There is no minimum order requirement.
3.2 The debit, credit and charge cards accepted are those listed on the website on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. Gabriella reserves the right to terminate the agreement with you if Gabriella is refused authority for payment at any stage.
3.4 You agree to indemnify Gabriella in full against all costs, expenses and outgoings incurred by Gabriella in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. Gabriella may, at any time after a failed payment has occurred, ask a debt collection agency to collect payment from you.
4.1 Delivery will be made to the address specified by you when you register on the website. Gabriella reserves the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from my delivery schedule altogether.
4.2 Products are subject to availability. The website is updated on a daily basis but in the event of non-availability of any goods you order, Gabriella may offer a reasonable substitute.
4.3 Gabriella will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify her promptly. If you are not satisfied with the quantity you have received Gabriella will arrange with you for these goods to be returned to her (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, Gabriella’s liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 Gabriella takes special care to endeavour that deliveries are made within a short delivery slot and accordingly. Gabriella will deliver the products ordered by you to the address you have given her for delivery at the time you make your order. It is, however, your responsibility to provide Gabriella with accurate delivery address details. Gabriella will not check or verify addresses and messages supplied by you. Gabriella will have no liability to you whatsoever, financial, administrative or otherwise, if you do not receive your order as a result of your providing incorrect delivery address details. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the day of delivery. If no-one is at the address when the delivery is attempted, goods sent by standard first class mail will be left at a recommended safe place by the courier. Please note adverse weather conditions or other events outside of Gabriella’s reasonable control may result in the occasional late or cancelled delivery. If that is the case Gabriella will endeavour to contact you as soon as she is able to in order to reschedule your delivery time and date. In any event Gabriella’s liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.5 Should you fail to be present for your delivery Gabriella is entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and for the cost of delivery.
5. Ingredients in the products
5.1 Due to processes within Gabriella’s kitchen, all products contain, or may contain trace amounts of NUTS, PEANUTS, EGGS, GLUTEN, DAIRY & SESAME.
5.2 Fresh ingredients are used for the production of the gourmet chocolates. Transportation by air is not recommended as quality of the product is not guaranteed with the change of temperatures due to the change of altitude.
6. Defective Goods
6.1 Gabriella guarantee’s the quality of her products. You must inspect the products and notify her promptly of any dissatisfaction with your order. Gabriella will promptly and fully refund the cost of any products if one of the criteria set out below applies to the product/s delivered to you:
1. The products are not what you ordered;
2. The products are damaged or defective;
3. The delivery is of an incorrect quantity; or
4. If you do not receive the products ordered (other than as a result of your providing incorrect delivery address details as per clause 4.4). Gabriella will arrange with you for the products to be returned to her. She reserves the right to make any refund due to you in whatever way she chooses.
7. Amendment of Orders and Cancellation Rights
7.1 Orders may be cancelled if the product has not been dispatched. Gabriella will notify you via e-mail when your goods have been dispatched. After this time she cannot accept cancellation.
8. Warranty and Liability
8.1 Nothing in these Terms and Conditions will restrict Gabriella’s liability for death or personal injury resulting from her negligence; neither will any of these terms restrict any of your statutory rights.
8.2 In addition to paragraph 4.4 Gabriella will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in her performance or failure to perform her obligations if that delay or failure to perform is due to any cause or circumstance beyond her reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
8.3 Other than as set out in clause 7.1 above, Gabriella’s maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods and delivery contained in that order.
9. Customer Complaints, Gabriella is committed to providing an excellent service. If however, Gabriella has sent you products that you are not entirely happy with, please contact her with your comments. Any comments and customer complaints should be addressed to Gabriella via the e-mail address that is listed on the website on the “get in touch” page.
10. Notices Unless otherwise expressly stated in these Terms and Conditions, all notices from you to me must be in writing and sent to Gabriella via the email address listed on the “get in touch” page on the website. All notices from Gabriella to you will be displayed on her website from time to time.
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in Gabriella.
11.3 The information contained on this website, and those websites to which there are links, is for general interest only. While care has been taken in its preparation, no responsibility is accepted for any misleading information or errors within this or other websites quoted.
11.4 All photographs published on this website are the copyright of their respective owners, whose permission should be sought in writing for their use by other parties.
11.5 No unauthorised use of Gabriella Cugno’s website and social media contents is permitted without approval.
11.6 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
11.7 These Terms and Conditions, together with Gabriella’s current website prices, delivery details and contact details set out the whole of Gabriella agreement relating to the supply of the products from Gabriella to you. Nothing said by any sales person on Gabriella’s behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any products offered for sale by Gabriella. Save for fraud or fraudulent misrepresentation, Gabriella shall have no liability for any such representation being untrue or misleading.
11.8 Except for Gabriella’s affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. www.gabriellacugno.com is operated by Gabriella Cugno Patissier & Chocolatier.
These Terms and Conditions were updated in July 2020.