Terms and Conditions

Please read these terms and conditions (*Terms*) carefully, by placing an Order you agree to be bound by these Terms.

House of Fudge is a trading name of Clarence and Bean Ltd, a company registered in England and Wales.  We operate in accordance with the laws of England and Wales and the following conditions apply and do not affect your statutory rights.
In these Conditions unless otherwise permits;

“Company” means Clarence and Bean Ltd /House of Fudge

“Customer” means the person, firm, company, entity or organisation with which the Company (Clarence & Bean/House of Fudge) contracts for the sale of Products and/or supply of Services.

“Products” means any products or services sold by Clarence & Bean to a Customer.
These terms and conditions apply to all goods which are the subject of delivery notes and invoices of the Company.
Unless agreed by us in writing, these Terms are to the exclusion of all other terms and conditions.

Orders

A binding contract for the sale of goods is formed when an order (whether written, placed on line or oral) is accepted by the Company.
The Company reserves the right to increase its prices after acceptance of an order due to an increase in its supplier’s price to The Company or an increase in direct costs to which the Company becomes subject (including without limit, costs resulting from currency fluctuation) but the Company shall only increase its price by such level as is necessary to reflect such increases.

Deliveries

 

Orders over £175 + VAT are delivered carriage paid to UK Mainland. For orders under £175 + VAT, there is a £10 + VAT delivery charge.
For all other locations prices will be quoted Ex Works

Dates and times of delivery are estimates only. The Company strives to ensure that all goods are delivered on time, however we do not accept liability for goods delivered on an unspecified day. We may also deliver the goods in several consignments but will not charge any extra delivery for this.

Partial delivery is allowed unless otherwise mutually agreed by both parties. Failure by the Company to deliver the rest of the Products shall not entitle the Customer to treat the order as a whole as repudiated.
To comply with normal requirements of delivery companies and our suppliers, claims for damage, non-functionality, mis-shipping or shortages must be made within 3 days of receipt of goods. Unless the Customer shall have notified the Company in writing within 5 working days of the date of the Company’s  invoice that the Products have not been delivered then delivery shall be deemed to have taken place in accordance with the contract and the Customer shall not be entitled to raise any claim of short or mis-shipment.

When goods are delivered by courier, you are responsible for signing for the correct number of packages, and documenting or rejecting damaged goods. If the packages are damaged, write the word 'DAMAGED' clearly next to your signature. If you consider that the contents of the package have clearly been damaged, you may choose to reject the parcel.

The Company shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery and who signs a note in respect of the Products on behalf of the Customer does in fact have the authority.

The Customer shall bear all costs associated with the unjustified refusal of delivery of Products. If the refusal is made on the grounds that the order was wrongly placed (i.e. wrong product etc) and the refusal is accepted by the Company, the Company reserves the right to charge accordingly additional fees for return transportation and administrative expenses related thereto, and original carriage costs will not be reimbursed.

Property and Risk

The risk in the goods shall pass from The Company to the Customer upon delivery of such goods to the Customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the Company and the Customer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Customer under which the goods were delivered.
Until such time as the title in Products passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the Products to the Company and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products.

Payment

Payment of the price for the Goods as set out on the Order is due as per payment terms shown on this invoice and as were agreed.  Time for payment shall be of the essence.  You shall not be entitled to withhold or set off any monies owing. Payment can by made by BACS, Cheque, Debit Card or Cash Deposit. Payment by Credit Card will incur a charge of 2.5% which is added to the invoice at time of payment.

In case of late payment the Company reserves the right to charge interest at the rate of 2.5% per month on any overdue amount from the due date of payment calculated on a daily basis or such sum as specified under the late Payment of Commercial Debts (interest) Act, or similar, whichever shall be higher.  The seller reserves the right to recover any reasonable costs incurred by instructing a third party to act on its behalf as a result of any breach of these Terms of sale in addition to any costs and interest that may be awarded by a court.

Our State of Knowledge and Consequential Loss

The Customer and the Company agree that claims for loss and damage will be restricted (reasonably) to the price of the goods supplied plus any carriage or re-delivery charges.
We are not responsible for any consequential loss or expenses (including without loss of or damage to data or loss of goodwill), howsoever caused.

The Company warrants that should Services be provided under this agreement (as stated on the order confirmation) they shall be of reasonable quality and that subject to clause below.  The Company shall be liable for any direct damage or loss to the Customer’s physical property where such damage or loss is caused by the negligence of the Company or its employees in connection with the performance of their contractual duties.

The Company total liability for damages under clause above whether in an action of contract or tort including negligence shall not exceed the total detailed in our current professional indemnity insurance certificate, (available on request)

Personalised Range

Copyright approval of images provided to The Company for personalised products is the responsibility of the Customer.

On artwork development

Privacy Statement

We are committed to protecting your privacy.  We collect information about you for two reasons; firstly to process your order and second, to provide you with the best possible service.   Any credit card details taken are not recorded or stored in any form by the Company. The type of information we will collect about you is that which is given at the time of ordering.  You can check the information we hold about you by emailing us.  If you find any inaccuracies we will delete or correct it promptly.  The personal information that we hold will be held securely in accordance with our internal security policy and the law.  If you have any questions/comments about privacy, please e mail us.