TERMS & CONDITIONS
The website casacannoli.com (“the Site”) is owned and operated by CASA CANNOLI LTD (“we”, “our” or “us”).
Casa Cannoli Ltd is a private limited company incorporated in England and Wales with Registered Number 09950902. Our Registered Office is at Casa Cannoli Ltd, Unit 11 Stone Trading Estate, Milkwood Road, London, SE24 0JU.
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.
- PLACING AN ORDER
Our Site permits you to purchase our products as advance orders .
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. Please note that we cannot guarantee any amendment 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.
2.1. 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.
- ORDER AMENDMENTS & CANCELLATIONS
3.1. We will do our best to accommodate amendments to any advance order, within reason, however we are unable to guarantee any amendments.
3.2. For advance and catering orders, you may cancel your order 5 days in advance of the delivery date. You will receive a full refund minus any customised items already created.
- COLLECTION & DELIVERY
4.1. The Products ordered by you can only be delivered to the delivery address provided by you and confirmed by us at the point of purchase and as confirmed in your order confirmation.
4.2. We will assign a delivery time slot when making an order and, unless otherwise requested by you and confirmed by us, the Product will be delivered during that time period.
4.3. If, for any reason, no one is present to receive delivery of the Products at the requested delivery address, we will leave in the safe place specified by you.
4.4. 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.
4.5. The Products will be at your risk from the time you accept delivery of the Products from us.
- 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 Casa Cannoli Product(s) purchased from any wholesaler or non-Casa Cannoli store or online Site.
6.1. Our cannoli 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 visit the webpages on our Site regarding these. If you require further information, please contact us directly.
6.3. We will advise of any cannoli containing nuts under the specific cannoli on our menu webpage. However, as our cannoli 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.
7.1. This website is provided by Casa Cannoli 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, Casa Cannoli 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 you and will remain fresh for the remainder of that day. For optimum crunch we recommend consuming the cannoli on the same day, however the cannoli will be edible until the expiry date, provided they have been stored correctly. We will not be liable for any deterioration caused by these not being consumed within that time frame.
7.5. The Products can be kept at an ambient temperature for up to 4 hours in their box until consumed but then must be refrigerated if consuming at a later time. We are not liable for any deterioration caused by the Products being incorrectly stored in any fashion including, but not limited to, refrigerating or freezing.
7.6. Where no one is present and/or available to receive the delivery on the requested day for delivery and no safe place has been specified, the Products will then be spoiled, and no replacement will be offered.
7.7. Once the Products have been 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 receive delivery from us. We recommend that you (or the person/courier/agent) check the items before 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 delivery of the Product.
- 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.
- 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.
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).
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.
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.