1. Status terms constitute a legal document (“the Agreement”) which sets out the rights and obligations of you as purchaser (“you”), and those of the Dr. Oetker (UK) Ltd. (“us or we”), in relation to products/services offered by us through this site. By registering to Dr. Oetker (UK) Ltd. site, you agree to the terms of this Agreement, and re-affirm that agreement every time you use our service. If you do not accept these terms please exit this site immediately. Dr. Oetker may revise these Terms & Conditions at any time, so you should review them periodically to ensure proper compliance, as they are binding on you.
1.2 You agree to:
1.2.1 provide true, accurate current and complete information about yourself as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current and incomplete, or Dr. Oetker (UK) Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dr. Oetker has the right to suspend or terminate your account, cease supply and refuse you any all current or future use of the Dr. Oetker (UK) Ltd. site.
1.2.3 Dr. Oetker (UK) Ltd. is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the site should assist them in setting up any relevant accounts and supervise their access to the site. Once you have allowed your child access to the site, he/she will be able to access the entire site. Please remember that the site is designed to appeal to a broad audience. Accordingly, as legal guardian, it is your responsibility to determine whether the site is appropriate for your child.
2. Place of performance and applicable law.
Dr. Oetker (UK) Ltd. is a company registered in England . Unless otherwise specified, the material on this site is directed at those who access this site from United Kingdom mainland. Dr. Oetker makes no representation that any product referred to, and the materials on this site, are appropriate for use or available in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. English law shall govern this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Dr. Oetker (UK) Ltd. (“Pre-contract Notice”). The Pre-contract Notice contains important information such as a description, price and delivery charges of the goods ordered. Dr. Oetker suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 Dr. Oetker will not be obliged to supply the goods submitted in your order until you have received an e-mail from us accepting your order (Order Confirmation). However, in the event the goods are listed on the Dr. Oetker site at an incorrect price due to typographical error or error in pricing information received from its suppliers but Dr. Oetker have accepted your order before the discrepancy is noticed, Dr. Oetker shall e-mail you to ask whether you are willing to pay the correct price for the goods ordered. If you are unwilling to pay the correct price, Dr. Oetker reserves the right to cancel the contract immediately without any liability to you.
3.3 If Dr. Oetker exercises its right under clause 3.2 to cancel a contract it will immediately issue a credit to your debit or credit account if it has already made a charge to your card before cancelling your order; or Dr. Oetker will not charge your debit or credit card until the goods are despatched to you.
3.4 In the event that goods ordered by you are not available, Dr. Oetker reserves the right to provide you with goods of similar quality and specification and will inform you of such in the Order Confirmation.
4. Right to cancel
4.1 You have the right to cancel either:
4.1.1 within 48 hours from the date of delivery if Dr. Oetker has supplied goods to you; or
4.1.2 within 12 hours from the date Dr. Oetker sent you the Order Confirmation.
4.2 The cancellation notice should be sent by e-mail to Dr. Oetker at firstname.lastname@example.org and must state your name, a description of the goods and order number; attaching the Order Confirmation Dr. Oetker originally sent you. This will also assist Dr. Oetker in processing your cancellation as quickly as possible. (The Order Number is stated in the Order Confirmation emailed to you on Dr. Oetker acceptance of your order)
4.3 If your order has not been despatched, the cancellation process will be completed within 48 hours, refunding your debit/credit card.
4.4 Where Dr. Oetker have supplied goods to you, you must take reasonable care of goods in your possession pending their return to Dr. Oetker. Dr. Oetker will only accept the returned goods in their original packaging and which have been unopened. If otherwise, this will invalidate your right to cancel the contract.
4.5 You must return the goods to Dr. Oetker by registered post or similar within five days (excluding Saturdays, Sundays or Bank Holidays) from the date of Cancellation Notice. You are responsible for the cost of returning the goods to Dr. Oetker and the risk of damage to the goods in transit. If the goods are damaged in transit Dr. Oetker reserves the right to refuse a refund, and it will be your responsibility to seek compensation from the carrier.
4.6 Once Dr. Oetker has received the returned goods and satisfied itself that you have complied with clause 4.3, it will send you confirmation by e-mail that the return of goods has been accepted by Dr. Oetker and will immediately make a refund of the contract price to your debit or credit card used to purchase the goods.
5.1 Dr. Oetker has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Dr. Oetker disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
5.2 Dr. Oetker shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this site.
5.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Dr. Oetker. When you activate any of these you will leave the Dr. Oetker site, and Dr. Oetker has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Dr. Oetker.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer.
6.2 Subject to clause 6.1, you agree that Dr. Oetker shall not be liable either in contract, tort negligence, statutory duty or otherwise, for any:
6.2.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatsoever arising from or in anyway connected with this Agreement;
6.2.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions failures or delays occurring on or in relation to those parts of the Internet not under Dr. Oetker's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Dr. Oetker has been advised of the possibility of such loss or damage).
6.3 You also agree that (except in relation to such liability as has been expressly excluded in clause 6.1 above) the maximum aggregate of liability of Dr. Oetker in contract, tort, negligence, statutory duty or otherwise (even where Dr. Oetker has been advised of possibility of such loss or damage), for any loss or damage whatever arising from or in anyway connected with:
6.3.1 any defect in product;
6.3.2 any failure by Dr. Oetker to process signals, data, information, orders or messages correctly or in a timely manner;
6.3.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
6.3.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period shall be limited, in the case of defects falling within clause
6.3.1, to three times the price of of goods/services. This limit shall also apply in the event that any exclusion or provision contained in this Agreement is held to be invalid for any reason and Dr. Oetker becomes liable for loss or damage that could otherwise have been limited.
6.4 You agree and acknowledge that you are in a better position than Dr. Oetker to foresee and evaluate any potential damage or loss that you may suffer in connection with goods and services provided by Dr. Oetker, and therefore that Dr. Oetker cannot adequately insure in respect of such liability. You warrant to Dr. Oetker that you will insure against, or bear yourself, any loss for which Dr. Oetker has excluded liability.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 6 may not apply to you.
Save to the extent that it falls within the provisions of clause 6, you shall indemnify Dr. Oetker and any third party (including its sub-contractors) from any claim against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to, claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Dr. Oetker site or purchase of goods and or services from that site which are brought or threatened against Dr. Oetker or suffered or incurred by Dr. Oetker by another person or entity.
Delivery times quoted are estimates only, and Dr. Oetker shall not be liable for any delays caused except to the extent caused wilfully or negligently by Dr.Oetker. However, unless we have agreed a longer period for delivery with you, we will either deliver goods within seven days (excluding Saturday and Sunday) of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know, then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods.
Handling Procedure We welcome all feedback to help us improve our service at Dr. Oetker. If you have a complaint regarding any aspect of Dr. Oetker, please contact us immediately. We will endeavour to respond to your comments with five working days, and we would hope to resolve any issues within 30 days.
10. Intellectual Property
All designs, text graphics and their selection and arrangement on this site are copyright to Dr. Oetker or its content providers. As a visitor to the Dr. Oetker site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Dr. Oetker's prior written consent is strictly prohibited.
10.2 Trade Names, logos and trademarks belong to Dr. Oetker, its affiliates and/or partners By entering this Website you acknowledge and agree that any name, logo, trademark or service mark contained on this Website is owned by Dr. Oetker and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the Website. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Website for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, re-posting or use of the material on this Website that would damage the reputation of Dr. Oetker or its partners, or any model or person, violates Dr. Oetker’s legal rights. Dr. Oetker will enforce its intellectual property rights to the full extent of the law. Any unauthorised use of all, part, or any aspect of Dr. Oetker’s or its partners’ Intellectual Property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
11.1 intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
11.2 without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any person to:
11.2.1 disassemble, reverse engineer, decompile, or in any other way interfere with the Software;
11.2.2 copy or modify the Software; or
11.2.3 create any new Software partly or wholly based on the Software.
11.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
11.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
12. Typographical and Pricing Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase an order is cancelled, we shall immediately issue a credit to your credit/debit card account in the amount of the charge.
13. Matters Beyond our Reasonable Control
Dr. Oetker shall not be held responsible for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions or Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.