Terms of service

FUDGE KITCHEN GUARANTEE

Everyone at Fudge Kitchen is committed to providing a top quality product and an excellent service. If you have sent or received fudge and are not entirely happy with either the product or the service, please contact us with your comments. We will try to respond to all queries and complaints within 24 hours.

By using this site, you agree to the following terms of use. We, Jim Garrahy’s Fudge Kitchen Ltd. (www.fudgekitchen.co.uk), reserve the right, at any time, to modify, alter or update these terms of use.

PRODUCT DETAILS

  • All fudges may contain traces of nuts.
  • All specifications are approximate only and as the product is handmade, it is subject to some variation and deviation.
  • Every effort will be made to supply the choice of flavour, box type or sleeve chosen but we reserve the right to supply alternatives if your choice is not available.

ORDER DETAILS

  • All orders are accepted when your credit/charge/debit card is processed. Any email or other acknowledgement of your order is merely to report that your request has been received and will be looked at, and does not in any way denote acceptance of your order regardless of any wording on the email.
  • We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable it to evaluate and/or process the order.
  • All orders are processed as soon as possible unless you have chosen a specific advance delivery date.
  • Orders can only be cancelled where you have chosen an advance delivery date more than 48 hours from the time at the placing of the order. Such orders can be cancelled by email through our contact form or by telephone to 01303 864400 quoting the specific order number.
  • We reserve the right to edit any message that contains offensive and/or inappropriate content.
  • Fudge Kitchen cannot be held responsible for items damaged by heat during the warm months, all orders are placed at buyers risk.
  • Where the product has not arrived in perfect condition, we will refund the cost of the goods and any delivery charge including, where deemed necessary, the cost of returning the goods to us OR we will replace the goods. Your statutory rights are not affected.

SUBSTITUTIONS

Our whipping cream fudge flavours change regularly, so if you book your delivery in advance, check with our customer services department that your chosen flavour will still be available at time of delivery. In the rare occurrence that a flavour is unavailable on the day of your delivery, our artisan fudge making team will include a substitute carefully selected as a close alternative to the original choice in your fudge box. We'll note any substitutions in your order on a substitutions card so they're easy to spot.

If you would like to leave a substitution note, please declare a comment when placing your order such as "Subs: No Chocolate”. If you'd rather we didn't send you substitutions let us know that you don't want substitutions by writing ‘No Substitutions’ in the order comments box. Doing this will mean that we will never send an alternative if your chosen flavour is unavailable. Please note that in this instance your order dispatch date will be delayed so a fresh batch of the flavour can be made.

DELIVERY DETAILS

  • Delivery may be made in one or more installments using a variety of carriers.
  • We do not dispatch on Saturdays, Sundays or Bank Holidays.
  • Delivery dates are approximate and no liability whatsoever is accepted in respect of late deliveries.
  • Without prejudice to your statutory rights we accept no liability for any failure to ship products where this results from acts of God, civil commotion, riots, flood, drought, fire, legislation or other factors outside our control, or our decision on reasonable grounds not to do so for reasons of suspicion of credit card fraud or similar, provided that we take all reasonable steps to notify you within fourteen (14) days of order placement that products will not be shipped as ordered.
  • In such cases we will not process any payment or will immediately refund any payment made, in full.
  • It is your responsibility to ensure that you order from us with sufficient lead-time to prevent any loss or disappointment resulting from non-shipment.

PRICING DETAILS

  • In the event that there is a pricing error on the website we will not be bound to honour any orders made at that price.
  • Any offers we make are designed to be used independently, and are not available in conjunction with any other offer.
  • Free gift offers are not valid with digital orders, wedding or wholesale products.
  • Any offers including voucher codes and discounts are only valid on the item cost and are not applicable to delivery/shipping/handling costs unless specified.
  • Any discount offers are not valid on Fudge Making Experiences unless specified.
  • Shipping offers are only valid for paid deliveries and does not include deliveries which qualify for other shipping discounts where other discounts are available.
  • Shipping discounts based on order value is applicable to total value within a delivery, after any additional discounts, and may not qualify if the basket total is split across multiple deliveries.

GIFT CARDS

  • Upon completion of purchase the buyer will be sent an email receipt of the purchase and a second email containing the E-Gift Voucher.
  • If the email address of the recipient has been entered into the order page the recipient will also receive a copy of the E-Gift Voucher only.
  • A submitted recipient email address will be used for the purpose of facilitating and sending the E-Voucher and is not kept on records for any marketing or other purpose.
  • The E-Gift Voucher will include a unique code which can be entered when prompted at the purchase stage on the website.
  • Our E-Gift Vouchers must be redeemed on our website, as full or part payment of products from our website.
  • An E-Gift Voucher cannot be used to purchase a further E-Gift Voucher.
  • Loyalty points cannot be used to purchase an E-Gift Voucher.
  • Site offers and promotions (including gifts with discounts) do not apply when purchasing E-Gift Vouchers.
  • You can check the balance of the E-Gift Voucher by logging into your account (please note, this only applies if you register for an account).
  • All E-Gift Vouchers are dated and expire 12 months from the date of issue.
  • E-Gift Vouchers cannot be exchanged for cash.
  • Where products purchased online with an E-Gift Voucher are returned, monies owing will be refunded by an E-Gift Voucher.
  • E-Gift voucher emails may land in your, or your recipient’s, junk mail box. We are not responsible for failed receipt of your E-Gift Voucher; if your E-Gift Voucher is not received, please contact our customer services who will be able to re-send your e-voucher.
  • We are not responsible if an E-Gift Voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.

WEDDING PRODUCTS

  • Orders, Payment & Cancellations
    1. When placing direct orders, a £50 deposit or 50% of the order total (whichever is less) is necessary to secure your order. Online orders require 100% payment at the time of purchase. If you decide to cancel your order, a refund will be issued, inclusive of the £50 deposit or 50% of the total order (whichever is less), but this is only applicable within the first 48 hours. After this initial period, refunds will not include the deposit value. It's important to note that our bespoke wedding products, once in production, make the deposit non-refundable.
    2. If you have a change of heart, you can cancel your order up to 3 working days before the scheduled despatch date. Cancellations made after this specified period will incur full payment, as the product is tailored specifically for you. However, it's worth noting that delivery charges can still be refunded even for orders cancelled after the cutoff period if the order is not in transit at time of request.
    3. In the event of unforeseen circumstances such as carriage issues, damaged or unavailable stocks or ingredients, we will promptly notify you. You can choose to either cancel for a full refund or consider an alternative solution we propose.
  • Proofing and Approval
    1. You will have the opportunity to select the language and printing colour of any bespoke messages you have requested. Please note that this cannot be changed once printing has commenced.
    2. If you approve the language and colour used for bespoke boxes or tags and we commence production, we can't provide a refund or replacement for errors, unless they are our mistake.
  • Delivery and Collection
    1. Unless otherwise arranged, we'll dispatch your wedding order to your specified delivery address. We don't take responsibility for incorrect information.
    2. We use DPD Next Day Service for all wedding orders.
    3. As all our products are fresh and handmade, we aim to deliver as close to your event date as possible – please ensure you can accept delivery on the date you have chosen. We shall not be held responsible for any delays or failures in delivery due to circumstances beyond our control.
    4. If you choose to collect your order from one of our shop locations, you must ensure it is packed and transported safely. We will not be held responsible for damages following collection.
  • Liability and Indemnity
    1. After delivery or collection, we shall not be held liable for any loss or damage to your ordered products.
  • Returns & Refunds
    1. Unfortunately, all bespoke ordered items cannot be returned or refunded unless they are incorrect or damaged.
    2. Agreed refunds will be processed within 7-10 days. If a refund has not been received within this time, ensure to check with your bank/building society.
  • Damages
    1. Should your items arrive damaged, you must notify us within 48 hours of receiving delivery, providing photos and written evidence. Any damaged items will be promptly reviewed and replaced, partially refunded, or fully refunded, depending on the severity, as we see fit.
    2. For a full refund, you might need to send the damaged items back. We'll make this clear in our communication.
    3. If you don't cooperate and provide evidence of damage within 48 hours, your rights to a replacement or any refunds may be forfeited.
  • Product Quality & Expiry
    1. All items are created with fresh ingredients by hand, with no artificial flavours or preservatives. Please bear in mind that reasonable variations in colour and appearance may occur and do not necessarily indicate issues of quality or with production.
    2. All products are handmade and may slightly vary in size, shape, appearance, and weight.
    3. All pre-packaged products will display a best before date which should be noted. Custom-packaged slab fudge will keep fresh for up to 14 days at room temperature and out of direct sunlight but will not display a best before date. We will not refund or reimburse for quality issues arising after the recommended best before date, or as a result of being incorrectly stored.
  • Data Protection
    1. We respect your privacy and handle your personal information in accordance with GDPR (General Data Protection Regulation) regulations. Unless you explicitly request strict confidentiality in advance, we may showcase materials we've created for you online and on social media.
  • Dispute Resolution
    1. If there's a dispute between you and Fudge Kitchen, we both commit to trying mediation or arbitration in a respectful and cooperative way before considering legal action.
  • Force Majeure Clause
    1. You and Fudge Kitchen understand that neither of us can be blamed if we can't fulfil our commitments because of things beyond our control, like natural disasters, acts of terrorism, or unexpected world events.
  • Intellectual Property Rights
    1. Custom designs created during the engagement remain the property of Fudge Kitchen. You may be granted limited rights for personal use as agreed upon.
  • Termination
    1. Both parties have the right to terminate this agreement under specified conditions, such as breach of contract.

COMPETITION DETAILS

  • Entry into the competition is deemed acceptance of these terms and conditions. The Promoter reserves the right to amend these rules at any time. The Promoter may also create rules which will apply to a specific competition only. If we do this we will publish the amended competition rules and/or specific competition rules.
  • Competitions are not open to employees (or members of their immediate families) of Fudge Kitchen Ltd.
  • No purchase necessary.
  • One entry per person only is permitted into a lucky draw.
  • Incorrect, duplicated or incomplete information will automatically disqualify the entrant.
  • The closing date is as specified in each competition, and The Promoter reserves the right to amend the competition end date at any time.
  • Prizes are as specified in each competition.
  • Lucky draw entrants must complete the entry form.
  • To submit a complete and valid entry, entrants will be required to provide various personal details including full name, email address and residential address, for the purpose of winner notification.
  • If you win a competition, we will notify you by e-mail. The judges’ decision will be final, and no correspondence will be entered into.
  • Sending an e-mail is not proof that we have received your entry. No responsibility can be accepted for entries that are lost or delayed, or which are not received for any reason.
  • The winner will be drawn/selected 5 days after the competition end date, and contacted within 7 days by email.
  • The Promoter will make all reasonable effort to contact the winner. If the prize is unclaimed within 14 days from the notification, the winner will forfeit the prize, an unclaimed prize draw will then be held. The winner of the unclaimed prize draw will be notified by email within 7 days of the draw.
  • The winner’s name may be announced publicly through any/all of Fudge Kitchen’s Twitter and Facebook networks, including www.fudgeblog.co.uk, and www.fudgekitchen.co.uk.
  • The Promoter will endeavor to send prizes within a month of the competition end date but cannot guarantee this delivery time.
  • The prize will be delivered to the winner by sign and track delivery service.
  • The Promoter will make all reasonable effort to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
  • The Promoter does not take any responsibility for parcels which are lost or stolen.
  • All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish any of the entries received.
  • The prizes are as stated and are non-transferable or exchangeable. No cash alternatives will be offered. If, due to circumstances beyond the Promoter's control, the Promoter is unable to provide the stated prize, the Promoter reserves the right to award an alternative prize of equal or greater value.
  • Privacy statement: We will only use and store your personal information for the purposes disclosed to you. You can unsubscribe from receiving marketing material from us at any time.

COPYRIGHT

All rights in the site design, text, graphics and other content, interfaces, and the selection and arrangements thereof belong to Jim Garrahy’s Fudge Kitchen Ltd. (www.fudgekitchen.co.uk) or its licensors. All rights are reserved save as set out below. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Jim Garrahy’s Fudge Kitchen Ltd. (www.fudgekitchen.co.uk) or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication is strictly prohibited.

Disclaimers and Limitations on Jim Garrahy’s Fudge Kitchen Ltd. (www.fudgekitchen.co.uk) Liability without prejudice to statutory rights afforded to purchasers of products, the information and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty, and in particular, www.fudgekitchen.co.uk limited does not represent or warrant that the information accessible via this site is accurate, complete or current, or that use of the site is free of risk of viruses or other damage. Price and availability information is subject to change without notice.

EXTERNAL SITES

This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "external sites"). Jim Garrahy’s Fudge Kitchen Ltd. (www.fudgekitchen.co.uk) is not responsible for the availability of, or the content located on or through, any external site, nor for any transactions between you and such sites (including as to 'cookies', personal data, confidential information, or purchases of goods or services). You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links, content or transactions.

These Terms and Conditions do not affect your statutory rights.