TERMS OF SUPPLY
These terms and conditions (“Terms”) apply to any products (“Products”) and/or services you may purchase from us through our website, www.wakecoffee.co.uk. These Terms also govern your subscription to purchase products.
Please read all of these terms and conditions carefully before you order any Products and/or services from us because, by ordering, you agree to be bound by them.
Each time you place an order you will be bound by these Terms. If you do not accept these Terms, you should not order any Products or services from us.
You can print a copy of these Terms by selecting the “print” option from the “File” menu of your browser.
- Information about us and how to contact us
1.1 Who we are: We are WAKE COFFEE Ltd, a company registered in England and Wales under company number 12579256 and with our registered office at 37 Allenswood, Albert Drive, London, SW19 6JS (“Wake”, “we”, “our” or “us”).
1.2 How to contact us
You can contact us by:
- telephoning our customer service team on 07817450968
1.2.2 by emailing us at firstname.lastname@example.org
2. Contract restrictions
2.1 Consumers only
Our Products are only intended for use by consumers (that means people who want to buy our Products for their personal use and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our Products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.
2.2 Restrictions on delivery areas
We can only guarantee delivery in the following geographical areas: mainland England, Scotland and Wales, Northern Ireland and the Channel Islands.
2.3 Confirmation of personal status
By placing an order with us through our website, you are confirming to us that you are a consumer and that you are at least 18 years old.
3. Our Products
3.1 Product images
The images of our Products on our website are for illustrative purposes only and so Products which you order may vary slightly from those images. Similarly, the packaging of our Products may vary from that shown in images on our website.
3.2 Product information
The Product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we may not accept your order for the affected Products, or if your order has already been accepted, we may not supply the affected Products to you. We will notify you if this is the case and will not charge you for the Product.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site may differ very slightly from those indicated.
3.4 Availability If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
4. Our contract with you
4.1 Subscription / Wake Plan
4.1.1 In order to purchase Products from our Website you may have to set up an account with us. You first must choose the Products that best suit you. You must then choose the frequency at which you wish to receive your Products at your home.
4.1.2 By confirming your order, you are subscribing to a recurring delivery service at the frequency determined by you when placing your first order which will continue until one of the parties decides to end this subscription.
4.1.3 Although Wake is a recurring order service, you can cancel, pause, reschedule, skip or even bring forward deliveries to suit your needs at any time by logging into your account page.
4.1.4 Whilst your subscription is in place, this commits you to paying for each such delivery and you authorise us to instruct your card issuer to debit the corresponding sum automatically at the frequency determined by you when placing your first order.
4.1.5 We’ll email you 48 hours before we send out your coffee and you have up until midnight the day before your order is due to be shipped to make any necessary changes. However, if these modification requests are made on the planned billing day, or the following days, they will only be effective for the next shipment.
4.1.6 Whether your sign-up to a subscription or are just purchasing Products on a one-off basis, each shipment of Products is classed as a single sales contract (as set out at paragraph 4.2 below) for regular delivery of goods. Please see section 8 below for the circumstances when you are able to cancel your order and obtain a refund and the steps that you and we must take in such circumstances
4.2 The steps required to form the contract between you and us are as follows:
4.2.1 Our website will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process. Our order process allows you to check and amend any errors before submitting your order to us. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by accepting these Terms of sale and clicking the “Place Your Order” button on the “Checkout” page. No changes may be made to your order after this point.
4.2.2 Once those steps are completed, we will take payment from your chosen payment method. If payment is successful, you will receive an order confirmation email to confirm that we are processing your order.
4.2.3 Once your order has been processed and is ready for dispatch, you will receive a dispatch confirmation email from either us or the relevant delivery provider to confirm when your Products will be delivered to you. A contract between us will be formed only when you receive your dispatch confirmation email.
4.2.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
4.3 Changes to the Products and these Terms
4.3.1 Minor Changes We may change the Products and/or services to reflect changes in relevant laws and regulatory requirements.
4.3.2 More significant changes to the products and these Terms In addition, we may, from time-to-time make the following changes to these Terms or the Products and/or services and every time you order Products from us, the Terms in force at that time will apply to the contract between you and us. If we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
- Price and payment
5.1 Where to find the price for the Product The price of the Product (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order, except in cases of obvious error.
5.2 Changes to Prices for our Products may change from time-to-time, but changes will not affect any order which we have confirmed with a dispatch confirmation email as more fully detailed at paragraph 6 below.
5.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.4 What happens if we get the price wrong It is possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If this is the case then at our discretion we will:
5.4.1 where the Product’s correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
5.4.2 if the Product’s correct price is higher than the price stated on the Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
5.5 When you must pay and how you must pay We accept payment by debit or credit card including VISA, MasterCard and American Express. You must pay for the Products, and any related services, before we dispatch the Products.
- Providing the Products and any related services
6.1 Delivery costs. The costs of delivery will be as notified to you before you place your order and confirmed in our acceptance of your order. Please note that our delivery charges may vary according to the value or size of your order and your delivery address and may vary between deliveries..
6.2 When we will provide the Products During the order process we will let you know when we will provide the Products to you. You will receive a communication by either text message, email or telephone from either us or the relevant delivery provider to confirm when your Products will be delivered to you.
6.3 We are not responsible for delays outside our control. If our supply of the Products or any related services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the Product is delivered If no one is available at your address to take delivery, and the Products cannot be posted through your letterbox, we or our delivery provider will leave you a note or contact you informing you of the attempted delivery and how to rearrange delivery and we may charge you additional costs incurred by us as a result.
6.5 If you do not re-arrange delivery If, after a failed delivery to you, you do not re-arrange delivery, we may end the contract with you.
6.6 When you become responsible for the goods Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Product will be your responsibility from the time we or our delivery provider deliver those goods to the address you gave us. If you provide us with an incorrect delivery address and your order is signed for by someone else, or if the intended recipient is no longer resident or employed at the delivery location you specify, we cannot be responsible for any losses you may incur as a result, for example, theft of the Products.
6.7 When you own goods You own a Product once we have received payment in full unless due to unforeseen circumstances we cancel your order as set out in these Terms.
- Promotional Voucher / Gift Card Conditions
7.1 Except where otherwise stated, promotions for free or discounted Products are available to new customers only.
7.2 Discounted and introductory offers are only available once to any one person and a maximum of one promotional voucher code can be redeemed per [household]person.
7.3 Subsequent attempts to use promotional vouchers or offers by the same person at any address are not permitted.
7.4 A voucher may only be used once and may not be copied, reproduced, distributed or published in any form without prior written approval from a member of the Wake team.
7.5 Vouchers are not redeemable for cash (including any unused balance), without prejudice to any applicable statutory right to a refund in case of cancellation of an online contract or nonconformity.
7.6 Our promotional vouchers including any unused voucher balances expire 12 months from the date of issue.
7.7 We reserve the right to suspend or cancel introductory offers, vouchers and other promotions at any time.
7.8 Valid debit or credit card details are required for payment to be taken.
7.9 If you are using a voucher which entitles you to receive a certain number of Products at a discounted rate (e.g. the first 2 bags of coffee for 50% off), the discounted rate will only apply to the number of Products specified in the voucher and, once these discounted Products have been redeemed you will be charged the standard price per Product at the end of the promotional period.
7.10 Wake reserves the right to reject the use of a voucher if we have reason to suspect these Terms have been breached.
7.11 Each gift card may only be used once.
7.12 Gift cards are not redeemable for cash (including any unused balance), without prejudice to any applicable statutory right to a refund in case of cancellation of an online contract or nonconformity.
7.13 Our gift cards including any unused gift card balances expire 12 months from the date of issue.
7.14 Valid debit or credit card details are required for payment to be taken.
7.15 Wake reserves the right to reject the use of a gift card if we have reason to suspect these Terms have been breached.
- Your Rights - Cancellation, Returns and Refunds
What you need to do
What we will do
What you have purchased is faulty, damaged or incorrect or any services have not been performed properly…
If the Product purchased is faulty, damaged or incorrect, we may offer you an exchange or refund as appropriate. OR If any services we provide have not been performed properly, we may offer to re-perform the services or refund you some or all of the price of the services.
Please contact our customer service team on 07817450968 or email us at email us at email@example.com to discuss the issue with the Products or services provided and which of your legal rights you wish to exercise. If you wish to exercise your legal rights to (a) reject Products; or (b) request re-performance of the services, please provide your name, home address, details of the order and, where available, your telephone number and email address to our customer service team.
Our customer service team will arrange for the Products to be collected by us or the delivery provider that delivered the Products to you, or where required, for the services to be re-performed/refunded accordingly. We will refund you the price for the Products and/or services, including delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the Products by cheque or TT transfer.
You have changed your mind…
Under the Consumer Contracts Regulations 2013, for most products bought online you have a legal right to change your mind within 14 days and receive a refund. You are entitled to cancel your contract provided that you exercise your right to cancel no longer than 14 days after the day on which you receive the goods or services. If you cancel after we have started providing the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. Your right to return or cancel Products does not apply to: goods that are liable to deteriorate or expire rapidly; OR which are made to your specification; OR Products sealed for hygiene or health protection purposes (once these have been unsealed after you receive them); OR for services, once these have been completed, even if the cancellation period is still running. You should note that when we sell our coffee Products, we promise that our coffees are ground and packed within 7 days of being roasted and we customise your coffee to reflect your preferred brew method. As such the Products that we you buy from us may not, by their nature, allow you to exercise a right to cancel. This doesn’t affect your statutory rights if the Products are faulty or not as described.
To exercise your right to cancel and arrange collection of the Products to be returned, please: contact our customer service team on 07817450968 or email us at firstname.lastname@example.org or write to us by post to Wake Coffee, 37 Allenswood, London, SW19 6JX. If you are contacting us by phone, email or post, please provide your name, home address, details of the order and, where available, your telephone number and email address. The Products must be returned to us within 14 days of telling us you wish to end the contract, sealed and in a new and unused condition and wherever possible in the original packaging.
Our customer service team will then arrange for the Products to be collected by us or the delivery provider that delivered the Products to you. Where you are exercising your right to cancel because you have changed your mind, the Products will be collected at your cost. We will refund you the price for the Products and/or services, including original delivery costs, by the method you used for payment. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the Products by cheque or TT transfer. We may make a deduction from the refund for any loss in value of the Products, if the loss has been caused by unnecessary handling by you. We will refund you no later than 14 days after the day you exercised your right to end the contract.
You want to end the contract because of something we have done…
Reasons for wanting to end the contract for this reason include: we have told you about an upcoming change to the Product or these Terms which you do not agree to; OR we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; OR there is a risk that supply of the Products may be significantly delayed because of events outside our control; OR we have suspended supply of the Products for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 14 days; OR you have a legal right to end the contract because of something we have done wrong.
To end the contract for this reason and arrange collection of the Products to be returned, please contact our customer service team on 07817450968 or email us at email us at email@example.com. Please provide your name, home address, details of the order and, where available, your telephone number and email address.
Your contract will end immediately and we will refund you in full for any Products and/or services which have not been provided or have not been provided properly. Our customer service team will then arrange for the Products to be collected by us or the delivery provider that delivered the Products to you. We will refund you the price for the Products and/or services, including original delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the Products by cheque or TT transfer.
9. Our responsibility for loss or damage suffered by you
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen, for example, if you discussed it with us during the sales process.
9.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.
9.3 When we are liable for damage to your property If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
9.4 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
10 .Other important terms
10.2 Transferring contractual rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
10.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these Terms.
10.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.6 Which laws apply to this contract and where you may bring legal proceedings You and we agree that English law applies to these Terms and that any dispute between us arising out of or in connection with these Terms will only be dealt with by the English courts, unless you live in another part of the UK or Republic of Ireland, in which case the applicable law of that part of the UK or Republic of Ireland will apply and any dispute will be brought before the courts of that part of the UK or Republic of Ireland.