Terms & Conditions.

Please read these terms and conditions (*Terms*) carefully, by placing an Order you agree to be bound by these Terms. These Terms and Conditions set out the terms under which Products are sold by Clarence and Bean Ltd through this website.

House of Fudge is a trading name of Clarence and Bean Ltd, a company registered in England and Wales.  We operate in accordance with the laws of England and Wales and the following conditions apply and do not affect your statutory rights.
In these Conditions unless otherwise permits;

“Company” means Clarence and Bean Ltd /House of Fudge

“Customer” means the person, firm, company, entity or organisation with which the Company (Clarence & Bean/House of Fudge) contracts for the sale of Products and/or supply of Services.

“Products” means any products or services sold by Clarence & Bean to a Customer.
These terms and conditions apply to all goods which are the subject of delivery notes and invoices of the Company.
Unless agreed by us in writing, these Terms are to the exclusion of all other terms and conditions.

Orders

A binding contract for the sale of goods is formed when an order (whether written, placed on line or oral) is accepted by the Company.
The Company reserves the right to increase its prices after acceptance of an order due to an increase in its supplier’s price to The Company or an increase in direct costs to which the Company becomes subject (including without limit, costs resulting from currency fluctuation) but the Company shall only increase its price by such level as is necessary to reflect such increases.

Deliveries

Orders are delivered with a delivery charge to Mainland UK.
Orders will not be delivered for all other locations, and you may be refunded for your order.

Dates and times of delivery are estimates only. The Company strives to ensure that all goods are delivered on time, however we do not accept liability for goods delivered on an unspecified day. We may also deliver the goods in several consignments but will not charge any extra delivery for this.

Partial delivery is allowed unless otherwise mutually agreed by both parties. Failure by the Company to deliver the rest of the Products shall not entitle the Customer to treat the order as a whole as repudiated.
To comply with normal requirements of delivery companies and our suppliers, claims for damage, non-functionality, mis-shipping or shortages must be made within 3 days of receipt of goods. Unless the Customer shall have notified the Company in writing within 5 working days of the date of the Company’s  invoice that the Products have not been delivered then delivery shall be deemed to have taken place in accordance with the contract and the Customer shall not be entitled to raise any claim of short or mis-shipment.

When goods are delivered by courier, you are responsible for signing for the correct number of packages, and documenting or rejecting damaged goods. If the packages are damaged, write the word 'DAMAGED' clearly next to your signature. If you consider that the contents of the package have clearly been damaged, you may choose to reject the parcel.
The Company shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery and who signs a note in respect of the Products on behalf of the Customer does in fact have the authority.
The Customer shall bear all costs associated with the unjustified refusal of delivery of Products. If the refusal is made on the grounds that the order was wrongly placed (i.e. wrong product etc) and the refusal is accepted by the Company, the Company reserves the right to charge accordingly additional fees for return transportation and administrative expenses related thereto, and original carriage costs will not be reimbursed.

Property and Risk

The risk in the goods shall pass from The Company to the Customer upon delivery of such goods to the Customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the Company and the Customer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Customer under which the goods were delivered.
Until such time as the title in Products passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the Products to the Company and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products.

Payment

Payment of the price for the Goods will occur at checkout. Payment can be made by Debit Card or Credit Card.

In case of late payment the Company reserves the right to charge interest at the rate of 2.5% per month on any overdue amount from the due date of payment calculated on a daily basis or such sum as specified under the late Payment of Commercial Debts (interest) Act, or similar, whichever shall be higher.  The seller reserves the right to recover any reasonable costs incurred by instructing a third party to act on its behalf as a result of any breach of these Terms of sale in addition to any costs and interest that may be awarded by a court.

Our State of Knowledge and Consequential Loss

The Customer and the Company agree that claims for loss and damage will be restricted (reasonably) to the price of the goods supplied plus any carriage or re-delivery charges.
We are not responsible for any consequential loss or expenses (including without loss of or damage to data or loss of goodwill), howsoever caused.

The Company warrants that should Services be provided under this agreement (as stated on the order confirmation) they shall be of reasonable quality and that subject to clause below.  The Company shall be liable for any direct damage or loss to the Customer’s physical property where such damage or loss is caused by the negligence of the Company or its employees in connection with the performance of their contractual duties.

The Company total liability for damages under clause above whether in an action of contract or tort including negligence shall not exceed the total detailed in our current professional indemnity insurance certificate, (available on request).

Intellectual Property

These Terms and Conditions, all content included on Our Site, unless, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property. By continuing to use the Our Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Our Site without written permission from Our authorised representative.