Walker’s Nonsuch Terms & Conditions
1. Walker’s Nonsuch Guarantee
We want you to be completely satisfied with your toffee so if you do have any questions please call our customer services department on 01782 321525.
2. The contract between us
We must receive payment in full for the toffees that you order before your order can be accepted. Once payment has been received we will confirm your order has been accepted by sending an email to you at the email address you provide on the order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.1 The prices payable for the toffee that you order are as set out on our website.
3.2 You will be required to pay extra for delivery. Our delivery charges can be found here during the checkout process.
3.3 Our Minimum Order value is £10 excluding Postage and Packing.
You are not permitted to sell and must not offer for sale or re-sell any of our toffee.
5. Our toffee and nuts
All of our toffee is made on our factory where nuts are present so we cannot guarantee they are free from nut traces.
See dietary / nutritional information on our website.
6. Right for you to cancel your contract
6.1 If you are unhappy with our toffee you may return the unopened goods to us within 14 days from receipt of goods. You do not need to give us a reason for cancelling your order.
6.2 Once you have notified us that you are cancelling your order (by email/telephone) and returned the toffee (proof of posting is recommended), the cost of the goods will be re-credited to your account as soon as possible and in any event within 30 days of your order. You will be responsible for the cost of returning the products to us.
7. Cancellation by us
7.1 We reserve the right to cancel the contract between us if:
7.1.1 We have insufficient stock to deliver the toffee you have ordered. If this is the case, we will contact you to advise of an availability date or to offer you a substitute product;
7.1.2 We do not deliver to your areas; or
7.1.3 One or more of the toffee you ordered was listed at an incorrect price due to a typographical error.
7.2 If we do cancel you contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
8. Delivery of toffee to you
8.1 Next day delivery will apply only to orders placed before 11am. This excludes weekends and Bank Holidays when orders will be added to our system the following day for next day delivery. Next day delivery is unavailable to the following locations:
- The Scottish Highlands & Islands
- The Isle of Wight
- The Isle of Man
- Northern Ireland
- Channel Islands
We can deliver to the BFPO (British Forces Post Office), but we are unable to deliver to PO Boxes, Hospitals, Airports and Prisons
8.2 We will deliver the toffee ordered by you to the address you give us for delivery at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you.
8.3 You will become the owner of the toffee you have ordered when they have been delivered to you. Once the toffee has been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
9.1 If the toffee we deliver is not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, or if you do not receive the toffee ordered, we shall have no liability to you other than as set out below.
9.2 If you notify a problem to us under this clause, our only obligation will be:
9.2.1 To make good any shortage or non delivery;
9.2.2 To supply and deliver substitute toffee if your original choice cannot be delivered for any reason;
9.2.3 To replace any toffee that is damaged or defective; or
9.2.4 To refund to you the amount paid by you for the toffee in question in whatever way we choose.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) however arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the toffee in question under clause 9.2.4 above
9.4 Walker’s Nonsuch Toffees, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
9.5 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10. Intellectual Property
The content of this website is protected by copyright, trademarks, database right and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without written permission from a representative of Walker’s Nonsuch Toffees.
11. Your use of this website
11.1 You may not use this website for any of the following purposes:
11.1.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material, or otherwise breaching any laws;
11.1.2 Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
11.1.3 Interfering with any other person’s use or enjoyment of the website; or
11.1.4 Making transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission.
11.2 You will be responsible for our losses and costs resulting from your breach of clause 11.
12. Walker’s Nonsuch Toffees right to suspend or cancel your registration
12.1 We may suspend or cancel your registration at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
12.2 The suspension or cancellation of your registration and your right to use this website shall not affect either party’s statutory rights or liabilities.
Unless otherwise expressly stated in these Terms and Conditions all notices from you to us must be in writing to our contact address at Walker’s Nonsuch Limited, Calverley Street, Longton, Stoke on Trent, Staffordshire, ST3 1QS, England. All notices from us to you will be displayed on our website from time to time.
14. Events beyond our control
We shall have no liability to you for any failure to deliver the toffee you have ordered or any delay in doing so or for any damage or defect to the toffee delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will be not affected.
We will not share your data with any third party, and it will be stored safely.
17. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
18. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
19. Entire agreement