ACCOUNT CREATION
In order to use the Service and buy our Products, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Liffey Foods will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
ORDER CONFIRMATION
We will email or call you to confirm the placement of your order and with details concerning product pick up. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRODUCT DESCRIPTION
We endeavor to describe and display the Products as accurately as possible. However, we cannot guarantee that the pictures will be completely accurate as each batch is baked fresh and variations naturally occur. While we try to be as clear as possible in explaining the Products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
While many of our products contain no ingredients that contain gluten, our bakery is not gluten-free. All of our products are produced in a facility that also processes or uses wheat, tree nuts, peanuts, soy, eggs and dairy.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Liffey Foods, including trademarks, copyrights, proprietary information, recipes, photographs, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
1. Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
2. Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email or call from us. This is an Order Confirmation to notify you of the fact we have received and accepted your order. The Order Confirmation email will be accompanied by an invoice.
2.1 If you wish to cancel your order for any reason, you must notify us asap by telephone (778 862 9844). A full refund will only be made to the same credit card with which your order was placed.
2.2 If you wish to add to or change your order, or change the date or time of collection of your order, then we will accommodate you, subject to kitchen space being available to permit us to make your products, provided that you telephone us by 12.00 noon the day before your order is due to be collected.
2.3 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.
PRICE & PAYMENT
3.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect pricing.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
3.3 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product's correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product's correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
3.4 Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.
3.5 All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorize payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
AVAILABILITY & COLLECTION
4.1 If for any reason you find yourself unable to collect your order from the designated shop within the given time slot, please call us as soon as possible to arrange an alternative.
4.2 In order for us to hand over the ordered Products upon collection, the recipient must provide to us the valid Order Confirmation number and must also sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.
RISK & TITLE
5.1 The Products will be at your risk from the time you collect the Products from our shop.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them.
RETURNS POLICY
6.1 We do hope that you will be pleased with your purchase. However, if upon collection of the Products you find that they are not those ordered by you, or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone on 778 862 9844. If a Product is not as on the Order Confirmation or damaged we will credit or refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products together, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.
6.2 We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
6.3 Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.
6.4 We have made every effort to display as accurately as possible the colors of our products that appear on our Site and, also to ensure that the colors on screen are as close as possible to the colors of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on collection and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
6.5 The provisions of this clause do not affect your statutory rights.
OUR RIGHT TO VARY THESE TERMS & CONDITIONS
7.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
7.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
7.3 It is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site.
7.4 It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you.
7.5 It is your responsibility to maintain the confidentiality and security of your Personal Data especially your username and password. You will not allow others to use your username or password and you will notify us immediately of any unauthorized use of either of them. We shall not be responsible for any losses arising out of the unauthorized use of your username or password and you agree to indemnify and hold us harmless, for any improper, unauthorized or illegal uses of the same.
7.6 We shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made.
7.7 Whilst we will utilize anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
7.8 You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
7.9 Variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimizing these differences, but cannot be held responsible for specific operational differences.
SYSTEM REQUIREMENTS
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
MISUSE OF THE SITE
9.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.
9.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.
INDEMNITY
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
GENERAL
12.1 We may require you to change your user name or password or any other information which permits you access to purchase Products from the Site.
12.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
12.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
12.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
12.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any downtime which may occur upon the Site.
12.6 The Site is provided "as is" and you acknowledge that despite our reasonable endeavors the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavors to correct any errors and omissions as quickly as practicable after being notified by email to info@liffeyfoods.ca.
12.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
12.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
12.9 We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
12.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
12.11 We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized 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.
12.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
13.2 You will infringe our rights if you copy or reproduce any part of the Site save for:
· 13.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
· 13.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or
· 13.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or
· 13.2.4 your own personal use provided that:
o 13.2.4.1 no documents or related graphics on the Site are modified in any way;
o 13.2.4.2 no graphics on the Site are used separately from the corresponding text; and
o 13.2.4.3 the Company's copyright and trademark notices and this permission notice appear in all copies.
o Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
13.3 For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
DISCLAIMERS
14.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages.
Concerning the Site:
14.2 You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
14.3 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
14.4 Under no circumstances shall we be liable for any unauthorized use of the Site or the Products.
14.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
Concerning the Products:
14.6 The Products ordered are fresh on the day of collection by you and will remain fresh for a further 24 hours from the time of collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
14.7 Products which were due to be collected by you from our shop and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.
14.8 We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you to collect Products from our shop if they are damaged during transit to your home provided that you confirming that the goods were in good condition and undamaged at the point of collection.
14.9 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you.
14.10 We will notify you of any Product containing nuts on the specific Product’s web page. However, since our kitchens do handle nuts we cannot guarantee that traces of nuts will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the
LAW & LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
ACKNOWLEDGEMENTS
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement.