The website Lulusgelato.co.uk (“the Site”) is owned and operated by (“we”, “our” or “us”).

Lulu’s Gelato is a private limited company incorporated in England and Wales with Registered Number 14104220.

35 CORNWALL GARDENS, CLIFTONVILLE
MARGATE CT9 2JQ

The below constitutes a legal agreement between us and a visitor (“you”) with regards to the terms of our website and service. When registering or transacting on our website, you must check the box to confirm your acceptance of this agreement. In doing so, you represent that you (a) have read, understood and agree to be bound by this Agreement and (b) are aged 18 years or over. If you are entering into this agreement as a guardian or parent on behalf of your child, please be aware that you are fully responsible for their use of this Site and any legal liability incurred.

This Agreement (along with any other documents or terms referred to) represents your entire agreement with us with respect to your use of our Site. If any item or section of this Agreement is held unenforceable or null, that item or section shall instead be interpreted, as closely as possible, in a fashion consistent with the applicable law to reflect the original intentions of the parties. All other items and sections will remain in full effect.

If you are unable to agree or comply with any of the terms or conditions in this Agreement, do not tick the box to accept these when registering or transacting, and please either contact us for clarification or do not attempt to use the Site.

ACCESS TO OUR SITE
We are not, and will not, be liable if, for any reason, the Site is unavailable for any period, and we reserve the right to amend, restrict or withdraw any service provided on the Site without notice.

1. PLACING AN ORDER
Our Site may in the future permit you to purchase our Products for Same Day and Advance orders in which case the following will apply.

1.1. Your order constitutes a request to us to buy a Product(s). Full payment for both the Product and any delivery fee(s) is required at the point of the transaction. This payment represents a legally binding agreement to the terms set out here.

1.2. Once the order is completed, you will receive an Order Confirmation email from us. This confirms that we have received your order and it has been accepted.

1.3. It is your responsibility to check the Order Confirmation to ensure that the order details are correct. This includes the items ordered, the date, address for delivery/store for collection, recipient’s phone number, time of delivery and any specific delivery information. If you do not receive an Order Confirmation, please first check your junk folder as it might be redirected there by your security software. If not there, please contact us directly to enquire.

1.4. If you notice an error in your Order Confirmation, you must notify us immediately for same day orders or prior to the order cut-off times for advance or catering orders. Please note that we cannot guarantee any amendment for same day orders and that no amendment has been made to any order until confirmed in writing by us.

1.5. We cannot accept responsibility for any errors made during the ordering process and for the impact that this may have on your order.

1.6. Your purchase cannot be confirmed until payment in full for the Products ordered has been received by us, unless explicitly agreed to by us in advance.

1.7. As some of our Products and/or flavours are seasonal and so subject to change, in any instance where a Product/flavour is no longer available, we will contact you to advise and offer an alternative.

1.8. As all payments made by credit or debit card will be subject to relevant validation checks and authorisation by the card issuer, if the issuer refuses to authorise payment for any reason, we are not liable for any delay or non-delivery of the order.

1.9. We will not store your credit or debit card details anywhere on the Site.

2. PRICING
2.1. Our prices include VAT (where appropriate).

2.2. Any delivery charge will be added to the total amount during the payment process, before completion of your order.

2.3. Prices are liable to change at any time, however these changes will not impact any order where an invoice has already been sent/paid.

2.4. The prices for our Products to be paid by you will be quoted on our Site, except in cases of obvious error. In such instances, there is no obligation on our part to honour the incorrect price if the error in pricing could have reasonably been recognised by you as incorrect. This applies to all orders, even if a quote/invoice has been sent.

2.5. Unless otherwise arranged, payment for all Products must be made by credit or debit card. For clarification on whether your card is accepted, please contact us.

3. ORDER AMENDMENTS & CANCELLATIONS
3.1. We will do our best to accommodate amendments to any advance order, within reason, prior to noon the day before, Monday to Friday. We are unable to guarantee any amendments to same day orders but please contact us immediately to enquire.

3.2. For advance and catering orders, you may cancel your order prior to noon the day before, Monday to Friday. You will receive a full refund minus any customised items already created.

3.3. Once confirmed, same day orders are finalised and it is not possible for you to cancel your order.

4. COLLECTION & DELIVERY
4.1. The Products ordered by you can only either be delivered to the delivery address provided by you and confirmed by us or collected by you from one of our shops chosen and confirmed by you, at the point of purchase and as confirmed in your order confirmation.

4.2. We will assign a delivery/collection time slot when making an order and, unless otherwise requested by you and confirmed by us, the Product will be delivered/available for collection during that time period.

4.3. If, for any reason, you find that you are unable to collect your order from the store requested during the order process on the day of collection, please contact us, to advise. The Products will be held at the requested store for the length of their opening hours, alternatively, upon payment of the necessary delivery charge, we might be able to arrange delivery within a realistic time slot and delivery zone (subject to availability of delivery).

4.4. If, for any reason, no one is present to receive delivery of the Products at the requested delivery address, we will take the Products back and notify you of the missed delivery.

4.5. For any orders that are not collected by you or where delivery is not possible for reasons outside of reasonable control by Us, delivery must be rearranged for the same day and We are not responsible for arranging delivery/collection for a future date. Rearranged deliveries will incur a further delivery charge that will be payable by you.

4.6. We will make every effort to fulfil you order correctly. In the event that this does not occur, we do not accept any responsibility for consequential costs incurred due to errors made with Products supplied or delivered.

4.7. The Products will be at your risk from the time you accept delivery of the Products from us or you collect the Products from our store.

5. CUSTOMER SATISFACTION
5.1. We hope that you will be pleased with the Products purchased. However, if you happen to find that the Product received isn’t what you ordered, or the Product, or portion of the Product, is in a damaged condition when you receive it, or if the order is incomplete, please contact us immediately.

5.2. As taste is subjective and personal, we cannot accept the return of any Products where the taste is not to your preference.

5.3. We cannot take responsibility for, nor will accept the return of, any Lulu’s Gelato Product(s) purchased from any wholesaler or non-Lulu’s Gelato store or online Site.

6. QUALITY
6.1. Lulu’s Gelato products are hand-made, using fresh ingredients. Therefore, there may be slight variations in appearance in size, shape or colour from those shown on our Site or in any publicity material.

6.2. For any dietary or allergen information please speak to us directly before purchasing or consuming any of Lulu’s Gelato Limited products.

6.3. Our products are prepared in a kitchen where nuts are present, we cannot guarantee that nuts will not be found in any of our Products. Therefore, we cannot accept any liability for any damage to your health or any distress experienced by the consumption of such Products.

6.4. The Products used in our hot drinks are supplied by third party providers. For information on who we work with, please ask a member of staff in-store or contact us directly with any feedback regarding the quality of the Product or the way that they are prepared.

6.5. We offer a number of pre-prepared drinks and these differ by store. While we cannot take any responsibility or liability for these Products, please contact us directly with any feedback and we will ensure that this is passed to the appropriate contact.

7. DISCLAIMERS
7.1. This website is provided by Lulu’s Gelato on an ‘as is’ basis. We do not make any representation or warranty of any kind, expressed or implied, as to the operation of the website or the accuracy or completeness of the information, content, materials, services or Products included on this website. To the full extent permissible by applicable law, Lulu’s Gelato disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any loss or damages of any kind, whether negligent or not, arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

7.2. We cannot guarantee or offer warranty that your choice of device, operating system, browser or software will be compatible with the Site. It is your responsibility to ensure that the device, operating system, browser and software support and function with the Site.

7.3. We will not, under any circumstances, be responsible or liable for any direct or indirect, consequential, incidental or special damages that may arise from your use of, or inability to, use the Site even if we have been informed of the possibility of such damages. We are, under no circumstances, responsible or liable for any unauthorised use of the Site or the Products.

7.4. The Products are produced fresh on the day of delivery to, or collection by, you and will remain fresh for the remainder of that day if frozen. We will not be liable for any deterioration in the product of site.

7.5. The Products must be kept frozen temperature in their box/bag until some time before it is to be consumed. Talk to our staff directly if you require advice. We are not liable for any deterioration caused by the Products being incorrectly stored in any fashion including, but not limited to thawing.

7.6. Where you fail to collect your Products on the requested day of collection or where no one is present and/or available to receive delivery on the requested day for delivery, the Products may be spoiled and no replacement may be offered.

7.7. Once the Products have either been collected from our store or delivered to the requested address, we are no longer liable or able to take responsibility for any damage caused by you or the person, courier or agent engaged by you to collect or receive delivery from us. We recommend that you (or the person/courier/agent) check the items before leaving the store/accepting delivery.

7.8. We are not liable, under any circumstances, to you with regards to any complaint regarding any aspect of any Product if not raised to us within 24 hours of collection or delivery of the Product.

8. MISUSE OF THE SITE
8.1. We reserve the right to terminate or suspend your access to the Site, either in full or parts of it, at our sole discretion if we believe you to be in breach of any provision in this Agreement.

8.2. If your access has been terminated or suspended, you will not be permitted to re-access or re-register on the Site without our prior consent.

8.3. You will only use our Site for the purposes stated in this Agreement and will not send unsolicited emails in accessing the Site or using information gathered from it.

9. YOUR RESPONSIBILITIES
9.1. You are required to provide, and update, your personal information to ensure that it remains accurate. You confirm that all the details that you provide to us for the purpose of purchasing and delivering Products to you are accurate and that the credit or debit card used to make payment is either your own or that you have full permission and authority from the cardholder to use it and that the associated account has sufficient funds to cover the costs of the Products ordered.

9.2. You are required to ensure that your email address is correct and current when making an order. We will only use your personal information in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy .

9.3. You are required to maintain the confidentiality and security of your username and password for the Site. You will not consent to others using your username and/or password and you will notify us of any unauthorised use of either of them immediately. We will not be responsible for any losses that may arise out of the unauthorised use of your username and/or password and you agree to indemnify and hold us harmless for any improper, illegal or unauthorised use of them.

9.4. It is your responsibility to check the Site on a regular basis to determine if any changes have been made and your continued use of the Site will act as acceptance of any and all changes.

9.5. You are responsible for ensuring that any use of our Site is free from any virus, Trojan horse, or any other items of a destructive nature. While we will utilise anti-virus protection and programmes, you will not hold us responsible for any damages that may result from you accessing the Site (including any, and all, systems or software used for you to access the Site)

9.6. You understand that, while we have made every effort to minimise any issue with visual layout and usability of the Site, we cannot be held responsible for any specific operational differences caused through the use of differing computers, operation systems and/or browsers.

9.7. You will not attempt, encourage or permit others to make any attempt to copy or make use of any intellectual property present on our Site for any use, including commercial or which could constitute an infringement of our copyright.

9.8. By continuing to use the Site having read this Agreement, along with our Privacy Policy, you confirm that you have read, understood and agreed to the terms and conditions of this Agreement (along with the Privacy Policy). These documents are available from every page of the Site.

10. GENERAL
10.1. The Site is provided on an “as is” basis. Despite our reasonable endeavours, you acknowledge and accept that the Site may contain bugs, errors and other problems, infections by viruses (despite any anti-virus protections implemented) or any other issue which may cause contamination or destruction and potentially lead to system failures. We will, when any error, omission or error is identified, endeavour to correct these in a prompt and reasonable timeframe once having been notified via our Contact Us page.

10.2. We have the right to remove any Product from the Site without notice to you for any reason and you agree that we will not be liable for any loss, damage of cost as a result of this unavailability.

10.3. We are not liable for any loss or damage suffered by you as a result of our Site not being available for use by you, or reliance placed on the Site and/or its contents, or for any errors or omissions on the Site. This includes any damage caused to your device or any direct or indirect, consequential or incidental loss of data.

10.4. Any liability for losses you suffer as a result of this Agreement being broken by us is exclusively limited to the purchase price of the impacted Product on your order.

10.5. We retain the right, at any time, to, temporarily or permanently, modify or remove the Site (in full or in part) without notice or liability to you or any third party.

10.6. Any links to third party websites on the Site are for your convenience and, in using these, you leave the Site. We are not responsible for the availability or maintenance of these websites or the content found on them and so if you choose to access any of these websites you do so entirely at your own risk.

10.7. While we welcome ‘hot links’ to the Site, you may not include a link to our Site, or display content or the contents of our Site, surrounded or framed by content not originating from us without our consent. Any instance of unauthorised framing of or linking to the Site will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

NOTIFICATION OF CHANGES
We have the right to amend and/or revise these terms and conditions from time to time. You will be subject to the terms and conditions in place at the point that your order was confirmed with us, unless any changes to the terms and conditions is required to be made by a law or government authority (in which case it will be applied to all orders, past and present, by you), or if we notify you of any change prior to an invoice being sent or your order is confirmed (in which, by confirming your order, we have the right to assume you have accepted any change).

SYSTEM REQUIREMENTS
The device, internet access and system operated by you and your ability to use these may affect your ability to order any Products from our Site. While we will do our best to make our Site accessible to all, you acknowledge and agree that any limitations experienced in accessing our website, previewing our Products and/or purchasing any Products due to system requirements are your responsibility.

INDEMNIFY
You agree to indemnify, and hold harmless, us, our directors, employees and consultants from and against any and all claims, demands, causes of action, losses and judgments (including fees for solicitors or attorneys and court costs) concerning or arising from any breach of this Agreement and/or these terms and conditions for your use of the Site and you agree to reimburse us on any demand for losses and/or costs/expenses we incur as a result.