PROJECT D
TERMS AND CONDITIONS OF SALE

The following are the terms (“Terms”) on which Project Doughnut (“we”, “our”, or “us”) have agreed to supply doughnuts (“Products”) to you (“you” or “your”). 
We are Project Doughnut a company registered in England and Wales. Our company registration number is 11258923 and our registered office is at The Mills, Derby, DE1 2RJ. Our registered VAT number is GB 318156017.

Orders 

1.1 You may place an order for the Products from us by using our online order form or by email or telephone when placing large orders, but no order submitted by you shall be binding on us unless and until we have sent you an email confirmation accepting the same (“Confirmation”). 
1.2 You shall be responsible for ensuring the accuracy of the terms of any order and for checking that the Confirmation is correct. 
1.3 Where details have been input incorrectly these must be raised in writing with our customer service team. It is not guaranteed that any amendments can be changed to an order once it has been confirmed.
1.4 Once we send you the Confirmation, you may not cancel your order except with our consent (and it will be a condition of our consent that you reimburse us for all costs we have incurred in processing your order).
1.5 These terms shall apply to the exclusion of any terms that you seek to impose.
1.6 You will be given a Project Doughnut order number once your order has been confirmed. You must provide this number if you are raising anything related to your order.
1.7 If you wish to make a change to the product you have ordered you must contact in writing, we will let you know if this change is possible, the price difference or the timing supply of your order. You will be asked to confirm the changes in writing before these are made.
1.8  If your package is not delivered within the first day then it will be redelivered the next day, or left in your chosen safe place as per your settings. We cannot be held responsible for any delays that the courier experiences. They'll be fine to consume the next day.

Products

2.1 We will use reasonable endeavours to ensure that the size and description of the Products delivered conform to those ordered by you, as set out in the Confirmation, although minor variations may occur as our doughnuts are handmade. 
2.1.1 Products may vary slightly from their pictures. The images of the products on our social media platforms and website are for illustrative purposes only. We make every effort to display the colours, toppings and fillings as accurately as we can. We cannot guarantee that your computer’s display of colours accurately reflects the colour of our products. Your products may vary from those images.  
2.1.2 Images used on our social media pages and certain pages on our website are stock photos and may no longer be available to purchase. Current ranges can be found on our order online pages and the in store menu page. 
2.2 Where you require us to make Products specifically to your requirements (“Customised Products"), we shall provide you with a sample and make up to two rounds of revisions before making the finalised Products.
2.3 We will take reasonable steps to pack the Products and to ensure that the Products will be in good condition when they are collected from our bakery (by a courier as referred to in clause 3).
2.3.1 Product packaging may vary from images shown on the website. We will endeavour to let our customers know of any alternatives in the packaging where possible.  
2.4 We reserve the right to substitute up to three doughnuts with the closest alternatives in the unlikely event of non-availability. Where possible we will endeavour to inform our customers in advance. 
2.5 We reserve the right to substitute 6 doughnuts of the same flavour in exchange for a mega doughnut in the unlikely event of non-availability. Where possible we will endeavour to inform our customers in advance. 
2.6 We warrant that when the Products are collected from our store they will:
2.6.1 conform in all material aspects with their description or any sample we provided to you;
2.6.2 Be of satisfactory quality;
2.6.3 Be fit for human consumption; and
2.6.4 Comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom. 
2.7 This warranty does not apply:
2.7.1 To any defect in the Products arising from wilful damage, accident or negligence by you or any third party;
2.7.2 If you store or use the Products in a way that we do not recommend; or
2.7.3 If you fail to follow our instructions in relation to the Products.
2.8 In the unlikely event that the Products do not conform with the above warranty we will provide you with a refund (using your original payment method), exchange voucher or replacement Products.
2.9 These terms will apply to any replacement Products we supply to you.
2.10 In the unlikely event that our Products arrive damaged we will require clear images of the damages to the Product, packaging and shipping label to investigate and find a resolution. Failure to provide any images will void any resolution that we can offer. 
2.11 Any Damages/Delays/Missing Products must be raised with our customer service team within 5 days of the selected delivery date. Any issues raised after this time may not be eligible for a refund or compensation. 

Delivery

3.1 We will take reasonable steps to meet the delivery date and time set out on the Confirmation or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date and/or time with you. Deliveries are made within a 1-2 day delivery window.
3.2 Our Delivery courier is DPD. 
3.2.1 We are not liable for any delivery issues caused by DPD such as delays, damage, loss. However, we endeavour to understand and resolve any issues on your behalf. 
3.2.2 DPD will provide you with an hour delivery window on the day of delivery via email and SMS message. You must ensure that your details are accurate to receive these notifications.
3.2.3 If you are not home/at the delivery location at the time of delivery DPD will leave your order on your doorstop/lobby unless a safe place has been requested directly with them. If the driver doesn’t feel that it is appropriate to leave your order, they will in some cases take this back to the depot and attempt to redeliver the following day. DPD will take a photo as proof of delivery. If you are not in on your selected date a refund will not be available.
3.2.4 If you do not leave a clear note with DPD and the delivery is missed, we are not liable.
3.2.5 If you have input your address incorrectly DPD will not be able to reach you, this is your responsibility to ensure all details are correct before placing your order. We are not liable for any errors and cannot offer any compensation for this.
3.2.6 If DPD have caused any damage during transit and you want us to investigate on your behalf we require clear images of all damage to the Product, outer packaging and shipping label as outlined in clause 2.9.
3.3 DPD do provide options via the tracking link to make additional delivery requests, some of these requests can cause serious delays to our orders being delivered and due to the perishable nature of our doughnuts we would only recommend using the following requests. 
3.3.1 Requesting a safe place 
3.3.2 Requesting to leave parcel with a neighbour 
3.3.3 Requesting to be called at the point of delivery 
3.3.4 Adding additional delivery instructions 
3.4 Any other requests such as pick up shops, change of address or delivery date may cause delays with your order being delivered and could result in the order being disposed of. If any request not highlighted in section 3.3 is made and your order is delivered late or disposed of, we are not liable for this as you have changed the shipping terms which has resulted in this delay or disposal. 

Consumer rights

4.1 Where you are a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”) will not apply to this terms as the Products are made bespoke to your requirements.
4.2 You have the right to change your mind and cancel the contract (Consumer contracts regulations 2013) – Doughnuts and fresh produce
4.2.1 For some Products bought online you have the legal right to change your mind and cancel the contract (without giving any reason) and receive a refund.
4.2.2 For delivered items via DPD including Doughnut Four Box, Doughnut Six Box and Mega Doughnut, any changes or cancellation requests must be made before 5pm at least 3 days before the requested delivery date. 
4.2.3 Any requests made after this time are not guaranteed but we will endeavour to help where possible.   
4.2.4 Any requests must be made in writing to our customer service team (please see contact page for details). You must provide your order number, shipping address and Bill payers name. 

Price & Payment

 5.1 The price for the Products shall be the price agreed when the Products are ordered from us as set out in the Confirmation. Prices are liable to change at any time, but price changes will not affect your orders after we have sent you the Confirmation.
 5.2 All prices given by us are exclusive of any courier costs, which will be added to the total amount due.
5.3 Unless otherwise agreed non-Customised Products must be paid for when you place the order. We accept payment by credit or debit card, and BACS.
 5.4 To order any Customised Products, you must pay us a non-refundable deposit before we make the Products.
 5.5 If you request customised packaging with the Customised Products, you must pay for the customised packaging, as well as the deposit, when placing the order.
5.6 The balance of the price must be paid once you have approved the samples.
5.7 If you decide not to go ahead after we have made the sample, the deposit, and the cost of the customised packaging, will not be refunded.
5.8 If you fail to make any payment when due, we will cancel your order.

Refunds 

 6.1 Where we agree to provide a refund (as described in these Terms), you must provide us with one of the following proofs of purchase: 
6.1.1 Original email receipt (we cannot accept photocopies);
6.1.2 Original point-of-sale receipt;
6.1.3 Financial statement showing the purchase (bank or credit card statement).
6.2 We reserve the right to reject and / or cancel any agreed refunds if you are unable to provide proof of purchase as set out in clause 6.1 above.
6.3 We reserve the right to reject any return, refund or exchange requests where you:
6.3.1 Changed your mind;
6.3.2 Bought the wrong Product; or
6.3.3 Bought the wrong flavour, size, type or quantity.

Clothing, Merch and Gift Cards

7.1 Consumer contracts (information, cancellation and additional charges) Regulations 2013 state you have 14 days to cancel the contract and will be refunded the items you have purchased. 
7.2 If you wish to cancel your order, the 14 days start from when your order is dispatched from us. 
7.3 If you wish to return a cancelled order you have 28 days from the day you have received the item(s) to return them to our distribution centre. 
7.3.1 you must let our customer service team know that you wish to cancel/return an item(s) before sending. 
7.3.2 If the cancellation was made after the items have been dispatched any postage charges will not be refunded.  
7.3.3 You must ensure you have proof of postage when returning any items to us. 
7.4 If you have received the wrong or a damaged item please inform our customer service team who will talk you through the return/exchange process for this. 
7.5 If you want to return/exchange an item that is the wrong size please first inform our customer service team so we are aware that you would like to send a product back to us.   
7.5.1 You must ensure that the items are posted securely and have proof of postage. 
7.5.2 You will have to provide any additional postage charges to return this to us. 
7.5.3 You are responsible for ensuring that the items return to us in the same condition they were sold in.  
7.6 Gift cards are made to order and individually personalised therefore these cannot be refunded/exchanged once they have been dispatched. 
7.6.1 Gift cards purchased online are for online use only and cannot be used in store. 
7.6.2 Gift cards purchased in store are for store use only and cannot be used online. 
7.6.3 Any gift cards cannot be exchanged for cash value. 
7.6.4 Gift cards will expire 1 year from purchase (or dispatch date if purchasing online). 
7.6.5 Any gift cards due to expire or that have expired cannot be refunded or exchanged for cash value. 
7.7 All Merch/Clothing/Gift Cards will be sent Royal Mail Tracked 48 unless purchased with a Doughnut Four Box. 

Risk of property

8.1 The Products shall be your responsibility from the time of delivery (i.e. when they are collected from our store by you or a courier).

Limitation of Liability

9.1 We shall not be responsible nor liable for any losses that result from our failure to comply with these Terms, including but not limited to, losses that fall into the following categories: 
9.1.1 Loss of income or revenue;
9.1.2 Loss of business;
9.1.3 Loss of anticipated savings; or
9.1.4 Indirect or consequential loss.
9.2 Where you act as a consumer, we shall not exclude our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
9.3 In any event, we shall not limit or exclude our liability for:
9.3.1 Death or personal injury caused by our negligence; or
9.3.2 Fraud or fraudulent misrepresentation; or
9.3.3 any other matter for which it would be illegal or unlawful for us to exclude or limit our liability.

Data Protection 

10.1 Any personal information that we collect to process your order shall be processed in accordance with all applicable laws and the terms of our privacy policy, which can be accessed on our website at https://projectdoughnut.co.uk/privacy-policy/, as amended by us by notification to you from time to time. 

 
Termination

11.1 Without limiting our other rights or remedies, we may terminate or suspend the supply of the Products with immediate effect by giving written notice to you if:
11.1.1 You commit any material breach of any provision of these Terms;
11.1.2 We have provided you with credit terms and you fail to pay any amount due for the Products on the due date for payment; or
11.1.3 You are subject to an insolvency event, including without limitation winding up or bankruptcy proceedings, administration or voluntary arrangement. 

General 

12.1 We shall not be responsible nor liable for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control. 
12.2 If any provision of these Terms is declared by any judicial or any competent authority to be void, voidable, illegal or otherwise unenforceable, it shall be limited or eliminated to the maximum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.
12.3 The Confirmation and these Terms contain the entire agreement between you and us and supersede any prior agreement whether written or oral. You acknowledge that you have not relied on any verbal or written representations made by us or our employees or our agents.
12.4 Any notice given under these Terms shall be validly given if sent by email to such email address as may be given by one party to the other (provided the email is supported by a valid server delivery receipt). A notice given under this clause shall be treated as having been received at the time it is sent provided it is sent on a working day or, in any other case, on the next working day.
12.5 No variation of these Terms shall be binding unless made in writing and signed by you and us.
12.6 No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
12.7 These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise
12.8 These Terms shall be governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to decide any dispute concerning these Terms. 

Discounts/Vouchers & Loyalty cards

13.1 We offer 10% off for all NHS staff at pop-up events and can only be redeemed with a valid NHS ID and the ID holder must be present at the point of purchase. 
13.2 Discounts & vouchers cannot be applied after purchase and must be presented to a member of staff when ordering at a pop-up event or at the point of checkout if ordering online.