TERMS OF SERVICE
TERMS OF US
This website is operated by Dolfin (UK) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Dolfin (UK) Ltd. Dolfin (UK) Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Dolfin (UK) Ltd. is a company registered in England and Wales, company number 08880920.
Our registered address is New Derwent House, 69-73 Theobalds Road, London, England, WC1X 8TA, United Kingdom.
Our VAT number is GB 183659763
My Sweet Chickpea and its logo are trademarks of Dolfin (UK) Ltd.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
TERMS AND CONDITIONS OF TRADE
Our terms and conditions of trade explain how we will handle your order, your rights and our duty to you.
ORDERING AND PAYMENTS
Orders are subject to the required stock availability. Items that you add to your shopping basket on the site are not reserved for you and are available for sale to other customers browsing the site at the same time. Stock is reserved for you once you have placed your order and the sale is finalised once the order dispatches from our warehouse and a dispatch confirmation is emailed to you.
We accept payment by Visa, MasterCard, American Express, Maestro, Maestro International, and Visa Electron. By placing an order with us, you acknowledge that we will share your personal information and payment details with these providers.
Payments for all orders are subject to fraud checks and checks by the card issuer. By submitting a payment through the site, you are granting permission for such checks as required. For your security, when using a credit/debit card, the billing name, address and phone number must match that of the payment card. We reserve the right to cancel any order that does not match these criteria.
By submitting your order on our site, you are confirming that the credit/debit card is yours or that you have authority from the cardholder to make the payment.
We reserve the right to refuse payments and orders for customers who are not aged 18 or over, or for any order at our own discretion. If we are not able to accept your order we will inform you of this in writing and will not charge you for the goods.
Goods may vary slightly from their pictures. Although we have made every effort to display the colours accurately, we can’t guarantee that a device’s display of the colours accurately reflects the colour of the goods.
We check the prices on our website regularly, but if we find the price has changed or that there has been a pricing error when we receive your order, we will contact you and ask if you wish to continue with your purchase at the correct price. If you confirm that you do wish to proceed, then your confirmation constitutes a new order to us. Please remember that the sale is not finalised until we have dispatched the goods from our warehouse.
Prices shown on our website are inclusive of UK and EU VAT. Prices shown do not include delivery costs. The costs of delivery will be as displayed to you on our website and will be confirmed to you while placing the order.
LIMITATIONS ON OUR LIABILITY TO YOU
Nothing in these terms and conditions of trade shall restrict your statutory rights or exclude or limit our liability:
for fraud, fraudulent misrepresentation or our gross negligence or the gross negligence of our employees or agents
for death or personal injury resulting from our negligence or the negligence of our employees or agents
under section 2(3) of the Consumer Protection Act 1987
for any matter for which it would be illegal for us to exclude, or attempt, our liability.
Subject to paragraph 7 above, and unless prohibited by your local statutory law, these terms and conditions of trade shall not:
make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you agree to these terms and conditions of trade, including where the damage or loss results from our breach of these terms and conditions of trade
make us responsible for any damage or loss caused to you where you are not entering into these terms and conditions of trade as a consumer (as defined under your local statutory law).
Our aggregate liability to you for any loss or damage arising in connection with these terms and conditions of trade shall be limited in respect of each claim to the purchase price of your order or orders.
We are not responsible for any delay or failure to comply with our obligations under these terms and conditions of trade if the delay or failure arises out of any event which is beyond our control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
By using this website, you accept that communication with us will mainly be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to receive communications from us electronically (to the most recent email address you have provided to us) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any of these Terms & Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms & Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
If you breach these Terms & Conditions of Trade 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 & Conditions of Trade.
These terms are governed by English law. Both you and Dolfin (UK) Ltd. agree to submit to the non-exclusive jurisdiction of the English courts.
TERMS OF WEBSITE USE
We may update these policies from time to time. Any changes will be effective immediately unless local laws require a minimum duration for any revisions to take effect.
PERMITTED USES OF THE WEBSITE AND RESTRICTIONS
You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the website in a manner that:
is inconsistent with these website terms
violates any applicable law, rule, regulation or order
could damage, disable, overburden, or impair our website or interfere with any other party’s use and enjoyment of the website.
You will not transmit, distribute, introduce or otherwise make available in any manner through the website any computer ‘virus’ including keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming.
While we take all reasonable steps to make sure the website is free from viruses, we do not guarantee that this will be the case at all times. If you download software or any other content from the website, you do so at your own risk.
You may not:
use the website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the website
use any data mining, robots, or similar data gathering and extracting tools in connection with the website
modify the information located on the website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information for any public or commercial purpose
remove any copyright, trademark or other proprietary notices from the website.
The website and all text, audio, video, pictures, music, images, graphics, information, content, and other material displayed on, or downloadable from, the website are either the property of, or used with permission by, Dolfin (UK) Ltd., its licencors or its content providers and are protected by copyright, trademark and other laws and may not be used except as permitted in these website terms or with the prior written permission of the owner of such material.
Any unauthorised use of any such information may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws, rules and regulations.
ACCURACY OF INFORMATION
Although we try to make sure that information on the website is complete, accurate and current, we cannot guarantee the completeness, accuracy or currency of any information on the website.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the website are registered or unregistered trademarks, trade names or service marks owned by Dolfin (UK) Ltd. Other trademarks, trade names and service marks used or displayed on the website are the registered or unregistered trademarks, trade names or service marks owned by their respective owners and used with permission by Dolfin (UK) Ltd.
Nothing contained on any of the website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the website without our written permission or the written permission of such third-party owner.
LINKING TO THE WEBSITE
You may link to our website from another website. Any links to our website must comply with all applicable laws, rules and regulations and any applicable policies of Dolfin (UK) Ltd., and we reserve the right to prohibit any link at any time.
You are not allowed to display our website or any information displayed on our website in frames or similar means on another website without our prior written permission.
Our website may contain links to third party websites that we do not own, operate or control. We are not responsible for any content or other information located on or accessible from any third-party site. We also do not endorse, guarantee, or make any representations or warranties regarding any third party website, or any content or other information located at, or accessible from them. If you decide to access a third party website linked to from our website, you do so entirely at your own risk.
Your use of the website is at your risk. The content or any services provided in connection with the website are provided ‘as is’ without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We do not warrant the accuracy or completeness of the website or any content, information or services provided or made available on it. The website may be out of date, and we do not make any commitment or assume any duty to update the website.
The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATIONS 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.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer system, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the website or your downloading of any content and information from the website.
In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of the website be liable to any party for any indirect, special, punitive, incidental, consequential or other damages of any kind (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the website, any website linked to the website, or the content, information or services contained at any or all such website, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not advised of the possibility of such damages.
The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with any of the website or any content, you agree that your sole remedy is to cease using the website. Nothing in these website terms shall limit or exclude, or purport to limit or exclude, our liability for death or personal injury arising from our negligence, or for fraud.
The disclaimers above do not apply to products which are dealt with in our terms and conditions of trade.
You agree to indemnify, defend and hold harmless Dolfin (UK) Ltd. 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Unless prohibited by applicable local mandatory law, you agree to indemnify and hold us, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns and retail partners harmless from and against any loss, cost, damage or expense (including reasonable attorneys’ fees and legal costs) incurred in connection with any third-party claim, demand or action arising from or in connection with your breach of these website terms.
If you are obligated to indemnify us hereunder, we may, in our discretion, control the defence and disposition of any such claims at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third-party claim without our consent.
CHOICE OF LAW AND JURISDICTION
These website terms and any contracts based on them are governed by and shall be construed in accordance with the laws of the UK and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the British courts. Notwithstanding the foregoing, nothing in these website terms shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, 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).
We may suspend or terminate your use of the website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the website at any time without notice.
Nothing in these website terms shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.