Terms

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer). We are Magpye Ltd, a company registered in England and Wales under number 11420155 whose registered office is at 1a Vallum Farm, East Wallhouses, Newcastle Upon Tyne, NE18 0LL with email address [email protected] (the Supplier).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into an Order and are at least 18 years old.

Interpretation

3. Customer means the person ordering goods via our website.
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means address to which the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website https://www.magpye.co.uk on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, other form of advertisement or social media. Any description is for illustrative purposes only and there may be negligible differences in the colour of the Goods supplied.
12. In the case of any Goods made to special requirements, it is the responsibility of the Customer to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify these changes to all Customers.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods in our website does not constitute an offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Order will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Order by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Order, but in any event not later than the dispatch of any Goods supplied under the Order.
21. Any price is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
22. Free pie with first order offer may be any pie from the currently available range, customer preference is not guaranteed. Offer may be withdrawn at any time.
23. No variation of the Order can be made after it has been entered into unless it is within the timeframe for amendment or cancellation, (See Amendment & Cancellation.)
24. We intend that these Terms and Conditions apply only to a Order entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with  appropriate terms and manage your Order accordingly, e.g by giving you rights as a business.

Price and Payment

24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order so we can take payment immediately and before dispatch of Goods.

Delivery

27. We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Order is entered into.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Order at an end if:
    1. We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Order was made, or you said to us before the Order was made that delivery on time was essential or:
    2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29. If you treat the Order at an end, we will (in addition to other remedies) promptly return all payments made under the Order.
30. If you were entitled to treat the Order at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Order for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us at your cost.
31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
35. The Goods will become your responsibility from the completion of delivery.

Risk and Title

36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
37. You do not own the Goods until we have received payment in full. If full payment is overdue, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Cancellation

38. You can cancel your order for a standard product by telling us before items are dispatched to you, if you simply wish to change your mind and without giving us a reason, and without incurring any cost. However, as we promptly pick and pack items this may not be possible depending on the delay between your placement of order and your request to cancel. Due to the perishable nature of the products, orders can not be cancelled once dispatch has occurred.
39. You can cancel an order for Goods which are made to your special requirements (the Returns Right) by telling us no by no later than 24 hours from the date of order. This does not affect your rights when the reason for the cancellation is for defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
40. This is a distance Order (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to an Order for the following goods (with no others) in the following circumstances:
    1. Goods that are made to your specifications or are clearly personalised.

Timing of reimbursement

41. We will make the reimbursement without undue delay, and not later than 14 days after the day your order is cancelled under the terms above.

Returning Goods

44. Due to the perishable nature of the goods supplied we are not able to accept returns in any circumstances.
45. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. Distance Order means a Order concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous
       physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Order
       is concluded;
    2. Sales Order means a Order under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any Order that has both goods and services as its object.

Conformity and Guarantee

46. We have a legal duty to supply the Goods in conformity with the Order, and will not have conformed if it does not meet the following obligation.
    1. be of satisfactory quality;
    2. be reasonably fit for the purpose for which you buy the Goods which, before the Order is made, you made known to us (unless you do not actually rely, or it is
       unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Order; and
    3. conform to their description.

Privacy

47. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
48. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
    4. We are a Data Controller of the Personal Data we Process in providing Goods to you.
    5. Where you supply Personal Data to us so we can provide Goods to you, and we process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    6. we will only Process Personal Data for the purposes identified;
    7. we will respect your rights in relation to your Personal Data; an
    8. we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

Governing law, jurisdiction and complaints

49. All transactions will be governed by the law of England and Wales.
50. We try to avoid any dispute, so we deal with complaints in the following way: Contact us by email and we will respond in 24 hours.