Terms and Conditions
Your use of this website and any dispute out of such use of the website is subject to the laws of England. Your statutory rights are not affected. All contracts are concluded in English. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
The term ‘Custard & Crumble Ltd’ or ‘us’ or ‘we’ refers to the owner of the website. Our company registration number is 07711370 registered in England and Wales. The term &leaning ;you’ refers to you as the user of our website.
Placing an order
To place an order with us at any time simply click on the ‘add to basket’. Your order will then appear in your basket, where you will have the option to add or remove items, review your choices and add a voucher code if you have one. You may only use one voucher code at any one time. Once you are happy simply click on the ‘checkout’ button. You will be able to see an order summary at which point you will also be asked to agree to our terms and conditions. If you do not agree to our terms and conditions you will not be able to proceed with your order. Please follow the step-by-step guide to completing your delivery details and any special requirements before proceeding to pay. You will receive an email acknowledgement of receipt of your order and payment at which point a binding contract will exist between us. We reserve the right to decline all or part of any order, and in this event will immediately notify you by email. If a product is out of stock we will confirm via email an estimated delivery date and give you the option to continue with the purchase or have an immediate refund. We shall not be liable for any additional compensation for any disappointment suffered.
You must comply with all safety instructions enclosed with any product or on the packaging of any product together with any specific safety instructions on the page of our website where the product is advertised. We disclaim all liability where you have failed to follow safety instructions. Save & Exit
Gift card use
Gift cards may not be exchanged for cash. If the goods purchased online total less than the value of the gift voucher, a new voucher code will be generated for the balance and sent in a separate email. When redeeming gift cards online you will be required to enter the card code in your shopping basket page. If you have to return products you have purchased using a gift card we will email a new discount code for the returned value. This does not affect your statutory rights.
Payment is made through our online secure Payment System powered by Worldpay where we accept most major credit and debit cards as well as PayPal.
All credit and debit card transactions are subject to validation checks and authorization by the card provider and we will not accept liability for any consequent delay in your order.
All prices on this website are shown in pounds sterling and include the current VAT rate. We accept payment in pounds sterling only. Any subsequent delivery charges will be shown separately. If in the unlikely event there is an error in the pricing of our products on the website we will endeavour to contact you giving you the option of accepting the sale at the correct price or cancelling your order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
Since we use a number of suppliers for our goods and many products are made to order delivery times will vary. Please see specific product pages for estimated delivery times of goods. In the event of a delivery delay Custard & Crumble will notify you promptly, but cannot be held responsible for such delays. Deliveries to the islands and Scotland may incur an extra delivery charge, please call or email for a quote. Some of our custom made items and larger items are subject to an assembly charge. The individual product pages will clearly state whether there will be an additional assembly charge.
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
We can send many of our products internationally, please call or email for a quote for this. If delivery is possible payment for the delivery cost will need to be made separately.
It is your responsibility to ensure that there is sufficient access for delivery vehicles to reach the delivery address for all furniture orders. Please also ensure that the furniture you are purchasing will fit in doorways and rooms. Should you have any special requirements please email or call. Any damage to furniture must be notified to the delivery team at the time you receive the goods.
In the event that you would like to return an item please email or call for instructions and return the item to us within 14 days of receipt. Under the Consumer Protection (Distance Selling) Regulations we are obliged to give you a full refund for all orders that are cancelled within 14 days of receipt. They must be returned in their original packaging, unused and in a saleable condition. Unfortunately we cannot refund delivery charges if you change your mind. Any costs entailed in returning an unwanted item must be met by you. We cannot accept responsibility for any goods lost in transit, therefore we strongly recommend that you obtain proof of posting. Custom-made or personalised items are non-refundable and cannot be exchanged unless faulty.
If your goods are incorrect, damaged or faulty please notify us my phone or email within 14 days of delivery for a full refund including carriage or exchange. We will not be liable to you for any indirect or consequential loss, damage, or expenses arising out of any faulty or incorrect goods, and we shall have no liability to pay any money to you by way of compensation other than such refund for the goods including carriage.
We shall provide refunds within 14 days of us receiving the unwanted or damaged product or receiving prood of postage, whichever is earlier.
Please note that shrinkage, swelling, hairline cracks and minor warpage are natural occurrences in wooden furniture, not manufacturing defects, and therefore no claims can be entertained on these grounds. Our manufacturers make every effort to match grain patterns, however, variations in the natural grain inevitably occur and may therefore be evident in your furniture. A variation in grain pattern is not a defect and therefore does not give grounds for making a claim.
Cancellation by us
We reserve the right to cancel all or part of your order if:
- a) We do not deliver to your area
- b) One or more of the goods ordered was incorrectly described or priced on the website
- c) The payment transaction was not authorised by your card provider.
If we do cancel your order we will notify you by email and refund any monies paid to us as soon as possible and in any event within 30 days of the cancellation. We will not be obliged to offer any additional compensation for any disappointment suffered.
Conformity of goods
Many of our products are handmade and whilst we try to maintain uniformity some items may vary slightly from the picture shown. Whilst we take care to ensure the description and specifications are correct, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
Complaints and comments
If you wish to make a complaint or comment on our goods and services please do not hesitate to contact us. Any complaint will be dealt with fairly and confidentially.
Intellectual property rights
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
In order to enter into a contract with Custard & Crumble you must be 18 or over and provide information as requested including your name, payment details, card address and delivery address, email address and telephone number.
Data protection and privacy
All personal information that you give us will be used lawfully and in accordance with the Data Protection Act 1998. We will only share information with those essential to the delivery of the products or services requested. Please view our privacy notice for more details.
Disclaimer & limitations of liability
Custard & Crumble does not seek to exclude or limit liability for death or personal injury arising from its negligence or for any fraudulent misrepresentation.
Subject to the above, our liability for losses you suffer as a result of us breaking this agreement (including deliberate breaches) or as a result of any other reason, is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
To the fullest extent permitted by law and save as provided above, neither Custard & Crumble nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Custard & Crumble or any of its shareholders, agents, directors, employees or otherwise) for any indirect, special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we will not be liable. It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Custard & Crumble uses reasonable efforts to ensure that this site is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this website including content on it or websites accessible from it will not cause damage to your computer or device. It is up to you to ensure that you have the appropriate anti-viral software to use this website safely. Custard & Crumble shall not be liable for any damage or loss suffered as a result of malicious or harmful content that you access from or via this website.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
Links to other websites
From time to time Custard & Crumble may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). No third party may link to this website without the expressed consent of the owner.
Access to our website
Reliance On Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Gift Bag Prize Draw Terms and Conditions:
1) No purchase necessary to enter the prize draw
2) This prize draw is open to UK residents aged 18 years or over, with the exception of employees of the Promoter, their families, agents and anyone else connected with this promotion.
3) Entries must be received by midnight on the last day of the month to be included for that months prize draw. The Promoter accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach the Promoter by the relevant closing date for any reason. Proof of posting or sending is not proof of receipt. Entries via agents or third parties are invalid. Entries become the property of the Promoter and are not returned.
4) Only one entry per person. No entrant may win more than one prize.
5) All correctly completed entries will be entered into a prize draw, which will take place on the 1st of each month, to include the previous months entries. The first entry drawn will be the winner.
6) Prizes are subject to change each month.
7) Prizes are subject to availability. In the event of unforeseen circumstances, the Promoter reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into.
8) The winner will be notified via email by the 15th of each month. The winner must claim their prize within 14 working days of the Promoter sending notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with these rules.
9) The Promoter will use any data submitted by entrants only for the purposes of running the prize draw, unless otherwise stated in the entry details. By entering this prize draw, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this prize draw and any other purposes to which the entrant has consented.
10) The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity.
11) By entering the prize draw each entrant agrees to be bound by these terms and conditions.
12) The Promoter is Custard & Crumble, company registration number 07711370.
13) These terms and conditions are governed in accordance with the laws of England and Wales.
Facebook and Instagram Competition Terms & Conditions:
Custard & Crumble will occasionally host competitions on our social media timeline. In these instances the following T&C’s apply:
1) Prize details will be announced in the status update and are non-transferrable and can not be sold or exchanged for cash, goods or services.
2) All entries must be received by the advertised closing time and date.
3) Custard & Crumble reserves the right to cancel or amend the competition, or these rules at any time without prior notice. Any changes will be posted on the competition post.
4) In the event of any dispute regarding the rules, conduct, results and all other matters relating to a competition, the decision of Custard & Crumble shall be final and no correspondence or discussion shall be entered into.
5) To qualify to enter these competitions you must be resident in the UK/IE and aged over 18 years.
6) If a competition mechanic involves the submission of photo or video content:
a) It is the responsibility of each entrant to ensure that any images they submit have been taken with the permission of the subject and do not infringe the copyright of any third party or any laws.
b) Copyright in all images submitted for this competition remains with the respective entrants. However, in consideration of participants choosing to take part in the competition, each entrant has given permission to Custard & Crumble Social Media to feature any or all of the submitted images on social media platforms.
7) Custard & Crumble reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
8) Where required, prize winners will be chosen at random using a random number generator and will be announced on the social media page and on the social media competition post, unless stated elsewhere.
9) By entering the Competition you agree that Custard & Crumble may contact you in relation to the Competition. Winners will be contacted by Custard & Crumble via an Instagram or Facebook message.
10) After the announcement of the winners, they will have up to 8 months to claim their prize from initial competition date. After 8 months the prize will be void.
11) You consent to your name being published on the digital channels or other media of Custard & Crumble if you win any Prizes under the Competition. Any personal data relating to participants will be used solely in accordance with the General Data Protection Regulation 2016. For more information, please read our Custard & Crumble privacy notice.
12) The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram and Pinterest.
14) All intellectual property rights in the images and materials on the digital platforms and used in the services provided by and no person may make any use of them without Custard & Crumble’s express permission
15) Liability and Indemnities
15.1 Except in the case of death or personal injury arising from its negligence, or in respect of fraud, and so far as is permitted by law, Custard & Crumble and its associated companies and agents and distributors exclude responsibility and all liabilities, whether direct or indirect, arising from:
15.1.1 any postponement or cancellation of the Competition;
15.1.2 any changes to, supply of or use of the Prize; and
15.1.3 any act or default of any supplier, which are beyond Custard & Crumble’s reasonable control.
15.2 Custard & Crumble does not accept responsibility for any liability arising from technical incompatibility, problems relating to the internet, or technical difficulties of any kind
15.3 Custard & Crumble shall not be liable, whether in tort, contract, misrepresentation or otherwise for loss of profits, loss of anticipated savings, loss of goods, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
16.1 The Competition and these Terms and Conditions are governed by English Law. England & Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.
If we fail at any time to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
If you have any queries about this website or if we can be of any help please do not hesitate to contact us.
By Email – firstname.lastname@example.org
By Phone – 020 7183 3799
Registered in England and Wales. 07711370
Vat number – 120200891