Terms & Conditions

Please read the following carefully. Your use of the Gustalia.com web site and purchase of the products (or services) (“products”) on it means that you agree to these terms and conditions (“Terms”).

Shopping with Gustalia.com

You can order products online via this website.

When you place an order for a product in any of the ways described above (“order”) you are offering to buy it for the price stated, subject to these Terms.

When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the product is available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the products purchased. If the product is not available, we will also let you know by email.

All new orders are deemed separate and each is treated individually.

Gustalia.com may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your Statutory Rights.

Price

The price for each product is shown on Gustalia.com and includes VAT where applicable.

We always try to make sure that the prices on Gustalia.com are accurate but errors may occur. If we discover an error in pricing of the products in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your order at the correct price or cancelling it. (If we are unable to reach you we will treat the order as cancelled). If an order is cancelled, any payment made for the products will be refunded in full.

You will be notified of the delivery costs automatically before you submit your credit card details, based on the size of your order and the delivery address you specify. Prices are quoted on Gustalia.com in UK pounds. Please note that both charges and refunds are in UK pounds.

Payment

You must pay for your order before it is delivered and you can do so by credit or debit card via the website

To ensure that shopping online is secure, your credit/debit card details are highly encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.

Your debit/credit card company may also do security checks to confirm it is you making the order.

Availability

We try to keep Gustalia.com as up to date as possible, but we cannot guarantee that particular product will always be available. If we can’t supply a product we reserve the right to replace it with an alternative product. We may also offer you the option of having the product sent to you as a back order (to follow the remainder of your order as soon as the product becomes available) or, alternatively, we will refund or re-credit your account with the amount debited by us.

All offers are available while stocks last. If we are unable to supply a product you have ordered, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund you the money you have paid for it.

Delivery

Gustalia.com delivers to destinations only inside the UK. You will be notified of the delivery costs automatically before you submit your credit card details.UK orders are despatched either by Royal Mail 24 or 48 services or by Courier. Our couriers may require a signature and operate between 9am and 5pm on weekdays only, so please specify an address where someone will be able to sign for your products between these hours.

We will make every effort to deliver within the time stated on Gustalia.com but we will not be liable for any loss caused to you by late delivery.
If the products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your order, as quickly as possible, or if you wish you may cancel your order and we will refund the money you have paid. Please note that while items sent by Royal Mail usually arrive within 2-3 days, Royal Mail stipulate that only items still not delivered after 15 working days can be officially classified as lost.

Please order from Gustalia.com with enough lead-time to prevent any loss or disappointment resulting from the delivery time as Gustalia.com cannot be responsible for this.

This does not affect your statutory rights as a consumer.

Copyright and Trade Marks

Gustalia.com does not give you any right or interest in any copyright or intellectual property rights in any product nor the right to copy them.

The copyright in Gustalia.com and the content of all the software, web site and pages relating to the Gustalia.com web site is owned by, or licensed to Gustalia.com, unless otherwise specified and may not be used, copied or altered without our express consent.

Copyright extends to the design, look and feel of Gustalia.com, all photographs on it and its marketing materials.

You may use Gustalia.com for private and personal non-commercial use only – i.e. to view, copy and print portions of Gustalia.com for the sole purpose of placing orders.

The materials on Gustalia.com may not be used for any other purpose.

Gustalia.com and our logos are trade names or trade marks of Gustalia.com and may not be used by anyone else without our express permission. We have applied for a registered trademark in the name ” Gustalia.com ” and we are also the owners of unregistered trade mark rights in them.

However, Gustalia.com does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on Gustalia.com belong to their respective owners.

Privacy and Data Policy

Gustalia.com makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.When you place an order, we may ask you for certain information and you may submit personal data to Gustalia.com (for example your name, phone number, postal address, email address, contact and bank/credit card details). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use. This information will be kept securely in accordance with our internal security policy and may be used to:

a. process your order;

b. provide you with an up to date, efficient, and reliable service;

c. help fraud prevention i.e. we check card details with our credit agency and reserve the right to refuse orders on that basis (your credit rating can be checked for a nominal fee with the main UK agencies Equifax and Experian);

d. open and run your account;

e. administer prize draws;

f. provide a more personal shopping experience.

By making an order and submitting your data you agree to this use.

From time to time we also monitor and record telephone calls for training purposes and to improve the service to you.

We will never collect sensitive information about you without your explicit consent.

Marketing communications If you use Gustalia.com we may contact you about offers, events, items or related activities that you may find useful until you tell us not to.

Cookies

In order to improve our service and Gustalia.com we may use a device known as a ‘cookie’. Cookies are a means by which information relating to your Internet activity (such as whether you have visited Gustalia.com before) is recorded on your hard drive and used by us to improve Gustalia.com and the products and services available to you.
If you do not wish for us to use cookies when you use Gustalia.com please adjust your Internet browser settings to not accept cookies. Your computer’s help file should tell you how to do this.

Your Privacy

Gustalia.com is registered with the Information Commissioner in accordance with the Data Protection Act 1998.
If you have any questions or comments about privacy or the Gustalia.com privacy policy, or if you already have submitted information that you do not wish us to have or if you think that Gustalia.com has cookies or data about you that you don’t want us to use or that is incorrect please contact us at the address below, by telephone (on 01438 812 528) or email (at eat@Gustalia.com) and the information will be corrected as soon as possible or removed from our database as you request.

Refunds

We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item or request a refund. We aim to keep the process as simple as possible. These terms do not affect your statutory rights. We will try to attend to all returns as soon as practically possible.

Unwanted products

Our policy is to ensure that you are satisfied every time you place an order with Gustalia.com. If you are unhappy with an item when you receive it or if you simply change your mind please return it to us within 15 days, with the dispatch note, in an unused condition, having taken reasonable care of it and complete with packaging and all components, and we will refund you the price you paid for that product (excluding P&P). We will make the refund directly to the credit/charge card used to place the original order within 15 days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you. You will only have to pay for the return postage of the products. Certain products and services are excluded from this return policy, including food/perishable items, personalised products or those made to order. These items cannot be returned for a refund unless faulty. This does not affect your statutory rights.

Faulty products

We try to select and package the products as well as possible to ensure they arrive in good condition. However, if a product arrives damaged or with defects, or is not what you ordered, we will replace it free of charge or provide a full refund as appropriate if you contact us within 3 days of receipt of your order, and once we are satisfied that the order arrived damaged or with defects or is not what you ordered. In these circumstances, we will also pay you the cost of the return postage if you are asked to return the product. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs.For help with items later than 15 days after your initial purchase please email us for more information. This does not affect your Statutory Rights.

Returning Unwanted or Faulty Products

Please contact us by telephone (on 01438 812 52) or email eat@gustalia.com to inform us of your wish to return products.

We may allocate you with a Returns Code which should be included with the package to improve the processing of your return.

We may advise you how to send the item back to us. Occasionally items may have to be picked up by a courier service. Otherwise, please use a secure delivery method which requires a signature upon receipt (such as via Royal Mail First Class Recorded Delivery) and return to:

Gustalia UK Limited
c/o The Complete Product Company
The DairyPickney Park
Malmesbury
Wiltshire SN16 0NX

You will be responsible for the returned products until they reach us.

We may also advise you not to send a faulty product back to us, but to depose of the faulty item.

Gustalia.com Responsibilities

Gustalia.com has tried to make the descriptions (including all pictures) of the products as accurate as possible but you should check the dimensions stated on Gustalia.com or contact us for exact sizes.

Gustalia.com will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet Gustalia.com provides and maintains Gustalia.com on an “as is”, “as available” basis and makes no promise that the use of Gustalia.com will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use Gustalia.com in breach of these terms you will be liable to and will reimburse Gustalia.com for any loss or damage caused as a result.

These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Gustalia.com’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.

Gustalia.com will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

Gustalia.com is not involved in the manufacture of products. Where we state information as to the contents of the products (e.g. whether they contain sugar, gluten or gelatine) we reproduce wherever possible the information provided by the manufacturer. We do not guarantee the accuracy of this information.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Gustalia.com excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Gustalia.com and Gustalia.com shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• any incorrect or inaccurate information on Gustalia.com
• any interruptions to or delays in updating Gustalia.com
• the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Gustalia.com or any product purchased through Gustalia.com
• any loss or damage resulting from your use or the inability to use the Gustalia.com website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances that are beyond our control
• any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Gustalia.com, or from transmissions via emails or attachments received from Gustalia.com or its licensees and affiliates
• the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties (“External Sites”) to which Gustalia.com link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions
• all representations, warranties, conditions and other terms which but for this notice would have an effect.

General

Gustalia.com may change or withdraw any part of Gustalia.com or may refuse you access to the website at any time if we consider it necessary. Gustalia.com may also terminate this Agreement and immediately remove, cancel or suspend access to and use of Gustalia.com upon breach of any part of these Terms whatsoever.

Termination shall be without prejudice to Gustalia.com’s other rights.

Gustalia.com acts as principal on its own account and not as an agent for you or any other person.

If Gustalia.com does not enforce any provision of this agreement such will not be considered a continuing waiver.

In the event that any part of these Terms is held to be unenforceable, such part will at Gustalia.com’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.

These Terms constitute the full agreement between you and Gustalia.com and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.

Since we are principally aiming Gustalia.com at the UK market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).

Under the UK Criminal Justice Act 1988 it is an offence to sell knives and certain bladed or pointed articles to persons under 16 years of age. Use of Gustalia.com and these terms are subject to the laws of England and the jurisdiction of the English Courts.

Contacting Gustalia.com

If you would like help when ordering, information about a product, a request for a product or if you would just like to provide us with feedback on our service, please email us at eat@gustalia.com.

You can also contact us by post at:

Gustalia UK Limited
c/o The Complete Product Company
The DairyPickney Park
Malmesbury
Wiltshire SN16 0NX

By telephoning 01438 813 444 between the office hours of 9am and 5:00pm, Monday to Friday.