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Terms

Terms and Conditions

Standard Terms of Use

1. Thank you for choosing to purchase from our Website: hiltonmacarons.co.uk. By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then please contact us at hello@hiltonmacarons.co.uk before placing an order with us. This agreement applies as between you as a user of this Website and Hilton Macarons as the owner of this Website.

2. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

3. The contents of the Website (including but not limited to pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Hilton Macarons, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Hilton Macarons.

4. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Hilton Macarons or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. Hilton Macarons also prohibits all persons from providing hypertext or other links to this Website, (other than to our home page) from their web site or from a third party's web site without our prior written consent.

5. Hilton Macarons is a trading name of Love a Taste Limited, and this Website is owned and operated by Love a Taste Limited whose registered office is at: 16 Broad Street, Eye, Suffolk IP23 7AF. VAT number: 175 1861 92, Company number: 8692288.

Prices and Availability

1. All prices on the Website are inclusive of VAT unless otherwise stated.

2. Where appropriate, you may be required to select the required number of the Goods that you are purchasing.

3. We do not represent or warrant that particular Goods will be always available. The flavours of Macarons available on our site may be subject to change without prior notice. If a particular flavour in your order is out of stock or otherwise unavailable we reserve the right to substitute it for a different one.

4. We take no responsibility for information on the Website that is incomplete, inaccurate or out of date. If we have mistakenly advertised Goods at a price that is lower than the correct price, we shall not be liable to provide said Goods at the advertised price. In these circumstances we will notify you before the relevant Goods are dispatched and we will be entitled to cancel your order provided we refund your payment to the credit or debit card you used when placing the order. Where you have over-paid we will refund the full difference.

5. We must receive full payment for the Goods you order before we accept your order. Once we have received payment, we will confirm acceptance of your order by sending an email to the email address you have provided.

Online Macaron Orders

1. By placing your order on our Website you are offering to buy the Goods itemised in your order to us.

2. Once we have received your order we will send you a confirmation e-mail which will include details of the Goods you have ordered. You will need to bring any errors in your order confirmation to our attention before Noon on the day you placed your order if you ordered before Noon, and before Noon on the following day if you ordered after Noon. Please email us at hello@hiltonmacarons.co.uk to notify us of any errors. Any notification made after this time will be too late to change your order before delivery.

3. Your offer to buy Goods from us is not accepted and the contract is not formed between you and us until we despatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason and our only liability to you will be to refund any payments that may have been taken.

4. If we are unable to accept your order for any reason, such as the Goods you ordered being out of stock, or having been under or incorrectly priced on the Website, or for any other reason we will notify you by email at the email address you have provided and we will either refund any payments which may have been taken from you or not take such payments, in each case, in respect of the relevant Goods.

5. Due to the handmade nature of the Goods any colours, flavours or appearance may not be the exact equivalence of any pictures or descriptions on this Website or any samples provided in advance and any such variances will not be deemed to constitute a fault in the product.

6. If we are not able to send you one or more of the flavours you have picked for your order, we reserve the right to replace it with a close alternative if your choice is not available.

7.You agree that any personal messages posted by you on the site or which you request to be sent by us on your behalf will not contain anything that could be construed as vulgar, abusive, threatening, racist or defamatory. We reserve the absolute right to refuse to send or display any message we deem inappropriate and to cancel without liability to you any associated orders or services.

Delivery

1. We deliver to addresses in England, Scotland, Wales, Scottish Highlands and Scottish Islands, Isle of Man, Northern Ireland and the Scilly Isles. Delivery is free for orders over £20 all other orders will incur a £3.66 delivery charge. We deliver between 8a.m. and 6p.m. Tuesday – Friday, excluding Bank Holidays.

2. Due to the fragile and perishable nature of macarons we will only ship orders received on Mondays and Thursdays for delivery on Tuesday through Friday. Any orders placed on Fridays or over weekends will not be shipped until the following Monday. Orders must be received before 11am to be shipped the same day. Orders received after this cut off will be shipped the following day.

3. Please note that there may be delays to these times during busy order periods such as Christmas, and other festive periods. Please check the website for the date on which last orders may be placed to be received for Christmas.

4. Our couriers will email you once your parcel has been fulfilled and is on its way. This email will contain a tracking code, which you can use to track your order.

5. We strongly advise all customers to consider carefully where the Goods are to be delivered. Our couriers may need a signature for the delivery, so please send the goods to an address where somebody can sign for them.

6. If you are not going to be at home you can request for your parcel to be left with your concierge, office reception, a neighbour or in a safe place at the time you place your order. If you do not specify a safe place then the parcel will be left at your door. Please provide sufficient details in the “Delivery Information” box on the checkout page.

7. In the event that you are not in when our courier arrives, and you have not left instructions regarding where to leave the Goods our courier will leave them at your door or in as safe a place as possible.

8. It will be your responsibility to check that anyone you designate to receive a delivery on your behalf is present to take receipt of your delivery. Where your delivery address is a property with a number of units (e.g. apartment block, office) and you request that the parcel be left with a neighbour without specifying anyone in particular, our courier will leave the parcel with whichever unit grants access to the building and this may not be your next-door neighbour.

9. Parcels left on your property, with a neighbour, authorised person or in a safe place will be left entirely at the customer’s risk.

10. Neither our couriers nor we accept any responsibility for loss or damages suffered as a result of deliveries not being made by the estimated delivery time for reasons that are beyond our reasonable control, including, without limitation, traffic delays.

11. We do not accept any responsibility for loss or damages which arises from deliveries not being made because you have provided incorrect or inaccurate address details, email address and/or phone number which prevents our couriers from contacting you. We shall be entitled to recover any Charges levied upon us by our courier company as a result of such incorrect or inaccurate details being provided.

12. Where your delivery address is a property that contains a number of units (e.g. an apartment block, offices), we cannot guarantee that our couriers will deliver to the front door or individual entrance of your unit. It is at each individual courier’s discretion as to whether or not s/he will bring the delivery directly to your front door where you are in a building that is comprised of several units. For example s/he may not bring the delivery up several flights of stairs in the absence of a lift.

Ownership

1. Provided we have processed and received payment in full, Title to all Goods shall remain under Hilton Macaron’s ownership and shall only pass to the Customer upon delivery.

2. From the time our couriers deliver the Goods to you or leave them in the designated location notified by you to our couriers (e.g. at your property, with an authorised person, in a safe place, with a neighbour, at the Post Office) the Goods become your responsibility and are at your risk.

Returns

1. If any Goods you have purchased have faults when they are delivered to you, and such fault is demonstrated to be with the production of the goods, you should contact Hilton Macarons within 3 days to arrange for a return. You are responsible for paying shipment costs, and shipping costs are non-refundable. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

2. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the Goods have been damaged. In any event, you should report such damage to Hilton Macarons within 3 working days and arrange a return, you will be responsible for paying any shipment costs and shipping costs are non-refundable. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

3. In the event of goods stolen after delivery we are unable to offer a refund. Where you give us instructions to leave your delivery with an authorised person, in a safe place, with a neighbour or with the Post Office and our couriers leave your delivery at such location or with such persons then delivery is deemed to have been made and all such Goods become entirely your risk.

4. We are only able to accept returns and issue refunds in respect of Goods that have been bought as gifts where the purchaser seeks it. In the interests of data protection we are unable to deal with the recipient or offer a refund direct to the recipient.

Cancellations

1. For online orders only order amendments or cancellations that are given at least 1 working day before the intended delivery date may be accepted. Orders placed or cancelled on Fridays, Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day. To cancel or amend orders, please call 01728 565 125.

2. For large quantity orders cancellations must be made a minimum of 5 working days in advance of the intended delivery date, and only 75% of the order value may be refunded.

3. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are normally have the right to a 14 day cooling off period during which you may cancel any order and receive a full refund. However, for the purpose of the Act Macarons are deemed a short dated product and this right does not apply to online macaron orders. Once the Goods have been dispatched no cancellation can be accepted or refund made.

4. You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

Large Quantity Orders

1. Orders greater than 200 macarons (Large Quantity Orders) require an order to be placed at least 5 weeks prior to the desired delivery date.

2. Large quantity orders placed within the period of 5 weeks prior to the desired delivery date may incur additional fees to expedite.

3. For Large Quantity Orders, Hilton Macarons requires a non-refundable deposit of 25% of the total order value.

Privacy

1. Use of the Website is governed by our Privacy and Cookie Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.

2. We are committed to protecting your personal data and our Privacy and Cookie Policy sets out our commitment to that and how we implement that with regards to the collection and use of personal data.

Disclaimers

1. Hilton Macarons makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Website.

2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

3. No part of this Website is intended to constitute a contractual offer capable of acceptance.

4. Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Customers are advised to take responsibility for their own security, that of their personal details and their computers.

Changes

1. We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.

2. If we are required by law to make any changes to Terms and Conditions relating to the sale of Goods, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Website Availability

1. Our Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to: ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Warranties and Limitations on Liability

1. We warrant that the Goods will be of satisfactory quality, in accordance with their description and fit for their general purpose. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

2. Nothing in these Terms and Conditions shall preclude Hilton Macaron’s liability for death or personal injury caused by its negligence, for fraud or for any other liability that cannot be excluded by law.

3. We advise that you take all necessary precautions when handling and consuming our Goods. All our Goods contain the following allergens: milk, nuts, eggs and soya. If you or anyone to whom you may give our Goods as a gift have any allergies to these allergens then you or they should not consume our Goods. Detailed lists of ingredients and allergens are contained on our Website.

4. We will not be responsible for any loss, damage, costs, claims or expenses which arise as a result of the way in which you handle our Goods, including, without limitation, breakages, damage to your property or that of other people or damage caused to the our Goods because of the manner in which they are stored.

5. You agree that we shall not be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Contract and/or our obligations under these Terms and Conditions including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.

6. We will not be liable for any loss, damage, costs, claims or expense which:

i) arise from our refusal to accept your order provided we have refunded your payment;

ii) are caused by your negligence or that of any person for whom we are not vicariously liable;

iii) are caused by your breach of these Terms and Conditions or any failure to follow advice set out herein;

iv) are for reasons that are beyond our control including, without limitation, an act of God, war, insurrection, pandemic, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, traffic delays, malicious damage, strike, lock out, weather, third party injunction, national defense requirements and/or acts or regulations of national or local governments;

v)  arise as a result of failure by you to follow the requirements of the sections on Cancellations or Returns

vi) arise where you have acted fraudulently; and

vii) in any other circumstances where we have excluded liability under these Terms and Conditions.

7. Our maximum liability to you whether in contract, tort, under statute or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of our obligations under the Contract in respect of any one or more incidents or occurrences shall be limited to the cost of the order (excluding delivery costs) under such Contract.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these T&Cs shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these T&Cs is solely between you and Hilton Macarons.

Communications

All notices / communications shall be given to us either by post to The Macaronaria, Easton Green, Kettleburgh, Woodbridge, Suffolk IP13 7LN or by email to hello@hiltonmacarons.co.uk

Law & Jurisdiction

These Terms and Conditions and the relationship between you and Hilton Macarons shall be governed by and construed in accordance with the laws of England and Wales and we and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.