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Terms and Conditions

WEBSHOP TERMS AND CONDITIONS

The following terms apply when you buy goods from us through our Webshop on the Deliciously Ella website or app.

Where to find information about us and our products.

You can find everything you need to know about Deliciously Ella and our products on our website and app before you order.

We also confirm the key information to you in writing after you order, either by email or in your online account.

A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.

If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. If you need any help with this, please contact our Customer Services Team here

Order process

Each step allows you to check and amend any errors before submitting the order. Please read and check your order carefully before submitting it.

When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

We will only accept your order when we email you to confirm this (which we refer to as the Order Confirmation). At this point a legally binding contract will be in place between you and us; and we will dispatch the goods to you. You must ensure that the Order Confirmation is complete and accurate, and inform us immediately of any errors.

We are not responsible for any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an email with all necessary information confirming the order in it.

Where your order may not be accepted

Sometimes we cannot accept orders. If this happens, we will contact you. This is typically for the following reasons:

  • the goods are no longer unavailable;
  • we cannot authorise your payment;
  • you are not allowed to buy the goods from us;
  • we are not allowed to sell the goods to you;
  • you have ordered too many goods;
  • there has been a mistake on the pricing or description of the goods;
  • you are located outside of our delivery areas; or
  • for any other reason.

Price and Payment of Products

The price of our products and any additional delivery or other charges are those that are set out on the website and app at the date of the order, or such other price and/or charges as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the order.

You must pay by submitting your credit or debit card details with your order, and we will take payment immediately.

If your payment is not received by us and you have already received the products, you must:

  • pay for such goods as soon as possible and in any case within 30 days; or
  • return them to us as soon as possible and in any case within 30 days. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions given with the products) and not use them before you return them to us.

Subscriptions

When you sign up for one of our digital subscriptions (Subscription) you will have the option to select one of our current subscription plans (a Plan ). Each Plan will start on the day you sign up or reactivate a pre-existing Subscription and make payment via a valid payment method as stated on the Deliciously Ella platform and app from time to time (Payment Method).

Monthly Subscription Plan and payment. Each billing cycle for a Subscription billed on a monthly Plan is one calendar month in length. Your Subscription will automatically renew each month, and you will be automatically billed the monthly Plan fee to your Payment Method each month, unless or until your Subscription is cancelled or terminated. You will be billed on the same date each month which will be the date you signed up. Where such date does not exist in a particular renewal month, you will be billed on the day immediately preceding the date of expiry of your current Subscription. For example:

  • If you sign up on the 15 August, you will be billed on 15 September and the 15th day of each subsequent month.
  • If you signed up on the 31 August you will next be billed on September 30th.

Yearly Subscription and payment. Each billing cycle for a yearly Subscription is one calendar year in length. Your Subscription will automatically renew each year. We will automatically bill the yearly subscription fee to your Payment Method each year, unless or until your subscription is cancelled or terminated. You will be billed on the same date each year. So, if you sign up on 15 January 2020 you will be billed on the 15 January 2021 and 15 January of each subsequent year.

By continuing your Subscription you authorise billing your Payment Method accordingly. Your Payment Method must by current and valid at all times. If your Payment Method expires, you must update it. We may end your Subscription if you fail to make payment when it is due.

We’re not responsible for delays outside our control

If our supply of your products are delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team, here, to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

Delivery

Details of our delivery and returns policy can be found here

Your legal rights

For most of our products bought online through our website or Deliciously Ella app, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

You can't change your mind about an order for:

  • perishable food products;
  • digital products, after you have started to download or stream these;
  • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • goods that are made to your specifications or are clearly personalised; and
  • goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind.

If you change your mind about a product you must let us know no later than 14 days after:

  • the day we deliver your product. If the products are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
  • the day we confirm we have accepted your order, if it is for digital content for download or streaming , although you can't change your mind about digital content once we have started providing it.

How to let us know . To let us know you want to change your mind, contact our Customer Service Team, here.

You have to return the product at your own cost . You have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. You can:

  • by contacting our Customer Service Team, You will need your email receipt and the card you paid with.
  • send the product back to us. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, see our Returns Process or contact our Customer Service Team

We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund.

When and how we refund you. If your product is digital content or products that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team.

For Subscriptions, you may cancel your Plan at any time before your Plan renews, by going into the Deliciously Ella platform or app subscription settings on your device and cancelling your Plan. If you subscribed via the desktop version of the app, you must cancel your subscription via the desktop app. To do this, simply login, go to my account > account settings > membership > select ‘cancel my membership’.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.

Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of your key legal rights

If your product is goods, 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:

Up to 30 days: if your goods are faulty, then you can get a refund.

Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

If your digital content is faulty, you're entitled to a repair or a replacement.

If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

We can change products and these terms

Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements.
  • to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product; and
  • to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received:

  • variation to the description of the products including product ingredients

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 1 month we adjust the price so you don't pay for it while it’s suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 1 month you can contact our Customer Service Team, to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 30 days in advance and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

  • you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
  • you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
  • you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.

We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in these Terms.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

We use your personal data as set out in our Privacy Policy

How we use any personal data you give us is set out in our Privacy Policy.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our Complaints policy.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Centre for Dispute Resolution (CEDR) through their website at https://www.cedr.com/. CEDR does not charge you for making a complaint and if you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. However, you can transfer our guarantee to a new owner of the product. We can require the new owner to prove you transferred the product to them.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

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Registered in England & Wales. Company number 09680718. Registered office 250 Tottenham Court Road, London.

Deliciously Ella US Inc. Registered in Delaware. File number 7504349. Address: c/o US Global Mail, 1321 Upland Drive, PMB 8571, Houston, TX, 77043-4718.