Please read these terms and conditions (“Terms”) carefully before you place an order for Gü products through our website. These Terms set out important information about your and our rights and obligations as well as certain key information required by law.
We draw your attention to the following important provisions, but please make sure that you read the Terms in full before making an order.
By ticking the acceptance box and placing an order, you are agreeing to be bound by these Terms before placing your orders. Once you have placed an order and we have confirmed your order (in accordance with clause 8.2), these Terms (and any other documents referred to herein) form a legally binding agreement between you and us.
The above only summarises some of the key provisions. It is not intended to replace the full Terms below, which you should read carefully.
For further information of your key rights as a consumer please visit the Citizens Advice website: www.citizensadvice.org.uk or call Citizens Advice on 03454 04 05 06.
We are Gü Indulgent Foods Limited, a company registered in England and Wales under company number 07104090, trading as Gü Puds.
Our registered office is at Dunmow Road, Bishop's Stortford, Hertfordshire, England, CM23 5PA.
Our VAT number is: GB685404224
Any reference to ‘Gü’, ‘we’, ‘us’ or ‘our’ in these Terms is to Gü Indulgent Foods Limited.
You can contact us using the following details:
We will seek to respond to you promptly and no later than 10 days from receiving your enquiry.
3.1. Any reference to ‘you’ or ‘your’ means you as the individual placing an order through our website.
3.2. You must be a resident of the United Kingdom to place an order through our website. You must also be at least 16 years old to purchase our products.
4.1. You acknowledge and agree that you are buying our products through our website as a consumer – this means that you are buying the products as an individual for personal consumption and not related to your trade, business, craft or profession.
4.2. You are not permitted to purchase our products through our website for commercial, business or resale purposes. If you are interested in reselling our products or purchasing our products for business purposes, please contact us at email@example.com. Purchase of our products as a business or reseller will be governed by separate terms and conditions.
5.1. When buying our products through our website you agree to be legally bound by:
5.1.1. these Terms;
5.1.2. our website terms and conditions and any documents referred to in them;
5.1.3. our product descriptions available at www.gupuds.com/products and
5.1.4.any other terms applicable to the products that we make available to you at the time of your purchase – for example, from time to time we run competitions which may attach different terms. Where this is the case, we will make such terms clearly available to you to prior to your purchase.
All of the above documents (as updated from time to time) form part of our contract with you.
5.2. We may make changes to these Terms from time to time. However, the Terms which apply to your order will be those in force at the time you place your order through our website. Please retain a copy of these Terms and any emails from us for your records.
5.3 These Terms are only available in English.
6.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
6.1.1. read these Terms; and
6.1.2. read the Confirmation Email (see clause 8.2).
You can contact us to discuss the key information using the contact details at the top of this page.
6.2. The key information we give you by law forms part of this contract.
6.3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
8.1. You can send us your order by adding products to your basket and proceeding to the check-out page. Please check your order carefully and correct any errors before you submit it to us.
8.2. You can send us your order by adding products to your basket and proceeding to the check-out page. Please check your order carefully and correct any errors before you submit it to us.
8.3. We will contact you if we are unable to accept your order. This is typically for the following reasons:
8.3.1. our products are unavailable;
8.3.2. we cannot authorise your payment;
8.3.3. you have not ordered the Minimum Quantity of the products (see clause 8.4); or
8.3.4. there has been a mistake on the pricing or description of the products at the time you placed your order.
8.4 We only accept orders of at least one box of desserts (this is made up of 18 twin packs of desserts, so 36 desserts in total) (“Minimum Quantity”) and at most five boxes of desserts (“Maximum Quantity”), though we may update these quantities on our website from time to time. We cannot accept orders for less than the Minimum Quantity or more than the Maximum Quantity.
9.1. All orders are subject to availability. We cannot guarantee that any product will be available at any given time or in the ordered quantity.
9.2. In certain circumstances beyond our reasonable control, for example where there has been a change in law (such as, but not limited to, changes to foods safety regulations, changes to pandemic-related restrictions or guidance or changes in import or export rules), natural disasters, severe weather, public health crisis or issues with our supply chain or delivery partners, that may prevent us from fulfilling your orders, we may need to stop selling certain products or suspend our production. If this happens and it affects your order, we will notify you by email, cancel your order if it has not been dispatched and provide you with a full refund (including any delivery costs) if payment has already been taken.
10.1. If you would like to make any changes to your order, cancel your order or correct any errors (for example, the wrong delivery address) after you have submitted it, you must contact us as soon as possible and in any case no later than 4 days before the delivery date to request the change. See clause 2 for ways to contact us. We will let you know if it is possible to change your order.
10.2. We will not be able to change or cancel your order if you contact us after the above timeframe, as we will have already sourced ingredients from our suppliers, prepared the products or arranged for delivery with our delivery partners.
10.3. Please contact us without delay using the information set out in clause 2 if you need to cancel your order beyond the timeframe set out in clause 10.1, and such cancellation is due to extraordinary circumstances beyond your reasonable control (for example, due to a pandemic, accidents or ill health). While we will try our best to find a solution for you, due to the perishable nature of our products we cannot cancel your order if the products have already been dispatched and you will still be charged.
11.1. Descriptions of our products (including information about the ingredients and nutrition) are set out on the Products page of our website.
11.2. Information about food allergies and intolerances relating to our products is available on the product packaging and the product descriptions page of our website. If you are concerned about any of our ingredients or food preparation practices, please do not consume our products. By purchasing our products:
11.2.1. you acknowledge that you have read and understood the allergy and intolerance information; and
11.2.2. you are not aware of any allergy or intolerance risks to you or any other persons who intends to consume the products purchased by you.
11.3. For any additional information, please refer to our FAQ page or if you still have further questions, please contact us using the information set out in clause 2.
11.4. Pictures and images of the products or their packaging on our website are for illustration purposes only. Your products and their packaging may vary slightly from those pictured on our website.
11.5. All weights, sizes and measurements set out on our site are as accurate as possible but there may be a small tolerance in such weights, sizes and measurements in the products.
12.1. Prices for our products are set out on the website. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. We will include the information on delivery options and costs on our FAQ page or will otherwise communicate this to you prior to you placing an order.
12.2. Prices for our products and delivery charges may change at any time. Except as set out in clause 12.3 below, such changes will not affect existing orders.
12.3. If there has been an error on our website regarding the pricing of any of our products and this affects your order, we will contact you using the contact details provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you or if you reject the order, we will treat the order as cancelled, notify you by email and provide you with a full refund (including any delivery costs) if payment has already been taken.
13.1. We use Stripe Payments Europe, Ltd (“Stripe”) as our payment partner to process payment in respect of your order. By placing an order, you agree to be bound by Stripe’s USER TERMS oF SERVICE and you acknowledge that they constitute a legally binding agreement between you and Stripe.
13.2. In order to process your payment, you will be required to provide your payment details directly to Stripe using a secure payment mechanism. Such payment mechanism is operated by Stripe and their processing of your information is governed by your contract with Stripe. Unless we are at fault, we are not liable for any loss that you may suffer as a result of a third party gaining unauthorised access to your payment details through Stripe’s systems.
13.3. Payment details must be included at the time you place your order and payments will be taken electronically. We accept the following credit cards and debit cards: Visa, MasterCard, American Express. You can also pay by Apple Pay or Google Pay.
13.4.All credit card and debit card payments need to be authorised by the relevant card issuer and may be subject to Stripe’s security verification measures as more particularly described in its USER TERMS oF SERVICE.
13.5. If we cannot successfully take payment at the time you place your order from using the payment method provided, your order will be automatically rejected and will not be processed. Please go to our website to place a new order using a different payment method for us to process your order.
14.1. We use third party couriers (such as APC and DHL) to deliver our products. Currently we only deliver before 12:00 PM noon Wednesday to Friday. Please bear in mind the delivery window when you place your order. We would recommend you order with us at least 3 working days before the time you need our products. Placing your order after this date may mean we are unable to provide the products to you by the time you need our products. We will include further information on delivery options and costs on our FAQ page or will otherwise communicate this to you prior to you placing an order. You will be given available delivery options to choose from when you place your order.
14.2. We only deliver to addresses in the South East of England (London, Kent, Sussex, Hampsire, Berkshire, Oxfordshire, Buckinghamshire, Hertfordshire & Essex) but we may update the available delivery locations from time to time by posting an update on our website or via other means of communication to you.
14.3. Any delivery dates selected when you place an order with us, or stated in our order acknowledgment email, are estimates. Your order will be delivered on the delivery date and time window specified in the Confirmation Email.
14.4. Unless we agree otherwise, if we cannot dispatch the products in time to meet the delivery date specified in your Confirmation Email, we will:
14.4.1. let you know via the email address that you provide us when you place your order;
14.4.2. cancel your order; and
14.4.3. give you a refund if payment for the products has been taken.
14.5. We will do all that we reasonably can to deliver your order on the delivery date specified in the Confirmation Email. If your delivery is delayed for any reason, we will email you to let you know as soon as reasonably possible with the revised date for delivery. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
14.6. We will deliver your order to the address specified by you when you placed your order. Please make sure that the address is entered in full and correct. We will not be liable for any losses you incurred as a result of delivery to a wrong address provided by you.
14.7. Please ensure that you or another person on your behalf is present at the address to take delivery on the delivery date within the specified delivery slot before 12:00 PM noon.
14.8. Once the products have been delivered, you must follow our instructions to check the products and store them correctly, including checking the temperature sticker packaged within the products as this is an indication of the product temperature at the time of delivery, and putting the products in the fridge without delay at the correct temperature. Although we use packaging that helps with temperature control, it is not intended to replace proper refrigeration and safety procedures to ensure our products are stored by you safely after delivery, so you can enjoy our products at their best. If you do not follow our delivery, checking or storage instructions then the products may spoil, and we will not be liable for any refunds or re-delivery in these circumstances.
14.9. As the products are perishable, if we cannot deliver the products due to your unavailability we will not be able to redeliver the products or take them back once they have been dispatched. Due to the perishable nature of the products, we cannot deliver them to an alternative address and if no one is available at the delivery address at the time of delivery, our delivery partner is required to dispose of the products. We will not be liable for any losses you incurred as a result of such non-delivery and you will not be entitled to a refund.
14.10. Once your order has been delivered to the address specified by you when you placed your order with us, the risk in the products passes to you. This means that you are responsible for the products and we are not liable to you (including providing a refund or re-delivery) if the products are stolen, damaged or perish after they have been delivered to you for any reason other than those set out in clause 16.3. This does not affect your legal rights if the products are faulty or misdescribed.
14.11. You will own the products at the point that they are delivered to you (or left at your address or with a neighbour in accordance with clause 14.7).
15.1. Where we have taken payment from you for an order, you are entitled to a refund when:
15.1.1. the products are not available as described in clause 9.2;
15.1.2.we agree for your order to be cancelled due to an extraordinary circumstance as described in clause 10.3;
15.1.3. your order is cancelled due to an error on the website regarding the pricing of any of our products (see clause 12.3);
15.1.4. we cancel your order if we cannot dispatch the products in time to meet the delivery date specified in your Confirmation Email, unless agreed otherwise between you and us (see clause 14.4); or
15.1.5. the products are faulty (see clause 16.4).
15.2. We will provide you with a full refund (including paid delivery charges) as soon as possible and no later than 14 days after the day on which we confirm that you are eligible for a refund.
15.3. We will issue your refund to the same payment method you used when you placed your order. If the products are in our possession or control, we will dispose of the products. If the products are in your possession, you must dispose of the products appropriately unless agreed otherwise in writing between you and us.
16.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The products that we provide to you must be as described, fit for purpose and of satisfactory quality as specified in clause 16.3. Nothing in these Terms affects your statutory rights.
16.2. We are under a legal duty to supply you with products that are in conformity with these Terms.
16.3. Please examine the products immediately after delivery and email us within 2 hours of the delivery if:
16.3.1. the products are not the type you ordered;
16.3.2. the quantity is not correct;
16.3.3. the seals or the containers of the products are broken or damaged;
16.3.4. our products are otherwise faulty or misdescribed, for example they are mouldy, out of date; or
16.3.5. the temperature sticker is broken or indicates that the temperature of the products has exceeded the recommended temperature (and this is not caused by your failure to receive the delivery or store them correctly in accordance with clause 14.8); or
16.3.6. we have notified you that we need to recall the products.
16.4. Please note that we may require you to provide us with photo evidence with timestamp that the products are faulty in order to provide you with a suitable solution. If the products are faulty you can get a refund (in full or in part). Your right in this clause 16.4 will not apply if the products are defrosted, deteriorated or otherwise perished because you are not available to receive our delivery, give us a wrong delivery address or fail to store the products in accordance with our instructions upon receipt of the delivery (see clauses 14.6, 14.7, 14.8 and 14.9).
16.5. If the products are spoiled, damaged or otherwise faulty (or if you suspect this to be the case) you must not consume the products (or allow anyone else to) and you should dispose of the products safely.
16.6. For more detailed information on your rights,
16.5.1. contact us using the contact details at the top of this page; or
16.5.2. visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.
17.1. If we breach these Terms or are negligent, we are liable to you for the foreseeable loss or damage that you suffer as a result. By “foreseeable” we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
17.2.Except for any legal responsibility that we cannot exclude in law (such as death or personal injury caused by defective products), we are not liable to you for any loss or damage that was not foreseeable or any loss or damage not caused by our breach or negligence. As any products that we supply to you are for your personal, domestic and non-business use only, we are not liable to you for any non-consumer or business losses.
17.3. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that would be illegal for us to exclude or limit.
No one other than us or you has any right to enforce these Terms.
19.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us or the products you ordered, please contact us as soon as possible at firstname.lastname@example.org to discuss your concerns.
20.1. The laws of England apply to these Terms, although if you are resident elsewhere in the United Kingdom you will retain the benefit of any mandatory protections given to you by the mandatory laws of the region of the United Kingdom in which you live. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that:
20.1.1. if you live in Scotland, you will be protected by applicable laws of Scotland and you can choose to bring a claim against us in the English courts or Scottish courts;
20.1.2. if you live in Northern Ireland, you will be protected by applicable laws of Northern Ireland and you can choose to bring a claim against us in respect of the products in the English courts or Northern Irish courts.
21.1. The contract will end when the products are delivered to you in accordance with clause 14. If our contract with you ends it will not affect our right to receive any money which you owe to us under these Terms.
21.2. You are not allowed to transfer your rights under these Terms to anyone without our prior written consent. We may transfer our rights under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
21.3. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.
21.4. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.