Please read these terms and conditions (“Terms”) carefully before you place an order for Gü products through our website. These Terms set out provide 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 Noble Desserts Holdings Limited, a company registered in England and Wales under company number 07104090, trading as Gü Puds.
Our registered office is at Cotswold Farm, Standlake, Witney, Oxfordshire, OX29 7RB.
Our VAT number is: GB685404224
Any reference to ‘Gü’, ‘we’, ‘us’ or ‘our’ in these Terms is to Noble Desserts Holdings 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 firstname.lastname@example.org. 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 [insert link];
5.1.3. our product descriptions available at [INSERT LINK]; 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. After you place your order by clicking the “pay now” button and enter your card details for payment, we will take pay through your chosen payment method. We will also send you an acknowledgment email to let you know that we have received your order (“Confirmation Email”). Our Confirmation Email will confirm the product types, price and quantity of the products you have ordered, and the delivery timeframe.
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.
8.3.5. We only accept orders of at least one case of desserts (this is a twin pack of 18 desserts) or more (“Minimum Quantity”). We cannot accept orders with less than the Minimum 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 [link to the Contact Us section] as soon as possible and in any case no later than 2 days before the delivery date to request the change. 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 above timeframe set out in clause 10.1 above, 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 but due to the perishable nature of our products we cannot cancel your order if the products have already 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 [Product Page] of our website.
11.2. Information about food allergies and intolerances relating to our products is available on 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. For information on delivery options and costs, go to [insert link to webpage].
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 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 DHL to deliver our products. For information on delivery options and costs, go to [insert website link]. You will be given available delivery options to choose from when you place your order.
14.2. We only deliver to addresses in England and Wales.
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 a different date is specified in the Confirmation Email or we agree otherwise, if we cannot dispatch the products within 10 days of the date of 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 reasons, 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. As the products will be defrosted in transit, 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 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.
14.8. 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 if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed.
14.9. 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 within 10 days of the date of your Confirmation Email, unless confirmed otherwise in the Confirmation Email or 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 call us or email us within 24 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. 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 that the products are faulty in order to provide you 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 (see clause 14.7).
16.5. 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 email@example.com 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.