Terms and Conditions
Welcome to Custard Shop Official, please read the below carefully for Terms and Conditions.
Unless otherwise agreed in writing, the sale, delivery, and service shall be subject to the following Terms and Conditions.
We reserve the right to withdraw or change our offers and services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. We may restrict access to some parts or all of this Website.
Definitions
The “Seller” means CUSTARD SHOP OFFICIAL
The “Buyer” means the person contracting to buy Goods.
The “Goods” means the goods the Buyer contracts to buy, which may be specified in the order acknowledgement or other appropriate document.
Our Website and Social Media Platforms may also contain links leading to external websites, which are not operated by Custard Shop Official Ltd. We have no control over the linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each individual site.
If at any time you do not consent to us storing your information securely and want us to delete your information you can email us at custardshopofficial@gmail.com
We will not hold your details for an indefinite time period. If you are a customer with us we will hold your details longer than someone who for example did not complete an order and abandoned the cart at the checkout.
GDPR Compliance Statement (Europe)
The Seller respects and complies with the EU General Data Protection Regulations (GDPR). Some of the ways in which CUSTARD SHOP OFFICIAL comply with these regulations are:
We (CUSTARD SHOP OFFICIAL) explain what you are consenting to and ask that you explicitly consent to receive contact from CUSTARD SHOP OFFICIAL. In the event of a breach The Seller will notify affected users within 72 hours of first having become aware of the breach.
Buyer’ can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.
Once the Seller have compared The Buyer’ rights to “the public interest in the availability of the data”, we will delete your personal data where you have requested this.
The Seller allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine-readable format’ and you have the right to transmit that data to another ‘controller’.
The Seller implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects’. The Seller hold and process only the data absolutely necessary for the completion of our duties, guided by data minimisation best practice, as well as limiting the access to personal data to those needing to act out the processing.
Third Party Delivery Partners
A list of Third Parties we use to send orders is below
- Hermes – UK Post
- Royal Mail - UK Post
- DPD Local – UK
Delivery
Delivery times and dates specified by the Seller are given and intended as an estimate only, if the Seller cannot deliver the good in question, the buyer will be informed immediately and, with their agreement, arrange another time for delivery. If the Seller cannot agree another time for delivery the Buyer will receive a full refund. If you are outside of the United Kingdom, please contact a member of our team for pricing. Please note, this may extend the lead time of your delivery. Please see the Custard Shop Official Delivery policy for more information.
Terms of Delivery
Delivery is ex-works and shall be deemed effective when the Goods are declared available for despatch or collection.
Geographic Area
The online sale of the Goods offered on the www.custardshop.co.uk website is intended only to individuals [Buyer] who are residing within the [mainland] United Kingdom and for delivery within this geographic area only. See Delivery policy for detail on Buyer locations outside of the United Kingdom.
Prices
The prices shown are only applicable to purchases made via the Seller and are shown in British Pound Sterling (GBP£).
Prohibitions
The misuse of this website is strictly prohibited. You are not permitted to commit or encourage others to commit criminal offences, distribute or transmit computer viruses, trojan horses, worms, logic bombs or post any other material that may be harmful, offensive, malicious or in breach of confidence. You are also prohibited to hack any part of our service, corrupt or steal data, cause offence or annoyance to other users or infringe on their rights. Users are not permitted to distribute any unsolicited promotional, advertising material, spam material, attempt to manipulate or affect the performance of any computer, files or facilities accessed through this website. Anyone caught breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Custard Shop Official Ltd. will report any such breach to the relevant law enforcement authorities and pass on your information, details and identity to them.
Intellectual Property & Content
All of the intellectual property rights of all content, photography and software found on this website is the property of Custard Shop Official Ltd. or its licensors. You are permitted to save, print and store content, photography and software for you own personal and private used but you are not permitted to publish, distribute, manipulate or reproduce it in any format or in connection or for any commercial enterprise or business. You are not permitted to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Custard Shop Official Ltd. or its licensors.
Order Fulfilment
To complete an order, you must fill all required fields and submit the online order through the Custard Shop Official online checkout.
Due to the nature of this business, stock availability cannot be guaranteed. If your item(s) are in stock they will be processed and shipped within 5 working days. If we are unable to get in contact with you within 5 working days and no evidence of the order being confirmed is provided, a full refund will be issued via your original method of payment.
Pre-Orders
If an item or service is marked as 'Pre-Order' an expected due and delivery date will be shown. If you order a product or service that is marked as 'Pre-Order' you will be charged at the point of purchase and you order will be shipped as soon as we have received it. If the Pre-Ordered is part of a larger order the items in stock will be dispatched immediately and the pre ordered items dispatch upon arrival at no extra delivery cost to yourself.
Payment & Security
The methods of payment we accept at Custard Shop Official Ltd. are; Visa, PayPal, Mastercard, and Visa Electron. We do not accept payment from American Express. For both the customers and our security, all of our credit card transactions are processed by Stripe Payments and are fully encrypted and PCI compliant.
Refund Procedure
Custard Shop Official ask that buyers contact the team within 14 days via the sites contact form and attach a picture of the fault and include ‘Item Faulty: …’ in the email subject header. Only Goods purchased through the www.custardshop.co.uk website are eligible for a return and subsequent refund. Any Goods returned must be in a state fit for their resale and in their original packaging. Details will be provided once the refund process is initiated by the customer.
You have the right to return the Goods, without any reason within 14 working days from the receipt of purchase. Where the return is not owing to the product (Goods) defect or an error committed by Custard Shop Official, you will be required to pay shipping fees.
Design
The Buyer must ensure the Goods are suitable for their particular purpose. In placing an order, the Buyer acknowledges that it has not been induced by any representation by or on behalf of the Seller which has not been confirmed in writing to or by the Company.
Force Majeure
If Custard Shop Official is delayed or hindered in or prevented from performing any of its obligations under any order by reason of any event or circumstance beyond its reasonable control, Custard Shop Official will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
European Returns
If you are returning an item from any of the European countries that we have arrange to deliver to, please be aware that you will be charged for the return postage. For European pricing info please see our Delivery Policy.
Complaints Procedure
We endeavour to respond to all complaints within five working days, and if we need to investigate your query further, we will advise you.
Please send an email to custardshopofficial@gmail.com to begin the complaints process.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
In no case shall Custard Shop Official, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Custard Shop Official and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Retention Of Title
Any design, drawing, description, model, sample and/or the like shall remain the absolute property of the Seller and the Buyer shall, if so requested by the Seller, return such design, drawing, description, model, sample and/or the like to the Seller. The Buyer shall have no right to use or transfer or assign any design, drawing, description model, sample and/or the like to any third party without the prior written consent from the Seller.
E&Os
All errors and omissions excepted appertaining to all quotes, invoices, prices and information provided.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Applicable Law
- If the place of delivery of the Products is in:
(a) England or Wales, these Terms of Trade are governed by English law and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the non-exclusive jurisdiction of the English courts; or
(b) Scotland, these Terms of Trade are governed by Scottish law and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the exclusive jurisdiction of the Scottish courts; or
(c) Northern Ireland, these Terms of Trade are governed by Northern Irish law and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the exclusive jurisdiction of the Northern Irish courts.
- The information contained in this document apply to the online sale website directed by Custard Shop Official Ltd.
- The Terms of Trade and Frequently Asked Questions relevant to our other regions can be found in the footer of our international web stores.