1. Introduction
Welcome to Definite Foods Limited trading as Dessert Wala (“we”, “us”, “our”).
These Terms and Conditions govern your use of our mobile application (the “App”) and the purchase of the products we sell through it.
By using the App, you agree to be bound by these Terms.
2. Eligibility
You must be at least 13 years old to place orders.
By using the App, you confirm that all information provided is accurate and complete.
3. Account Registration
You may need to create an account in order to place orders.
You are responsible for:
- Keeping login details secure
- All activity under your account
We may suspend or terminate accounts if misuse or fraud is suspected.
4. Orders
- All orders are subject to availability and acceptance
- You will receive confirmation once your order is placed
- We reserve the right to cancel or refuse any order
5. Prices and Payment
- All prices are in GBP (£) and, once we become VAT registered, will include VAT (where applicable)
- Delivery charges are shown at checkout
- Payments are processed securely via third-party providers
We may change prices at any time before you place an order.
6. Delivery
We aim to deliver within estimated timeframes, but delays may occur.
You must:
- Provide accurate delivery details; and
- Be available to receive the order
Contactless delivery
If you request contactless delivery, the order may be left at your chosen location. Responsibility transfers at that point.
7. Risk and Ownership
Ownership and responsibility for the order pass to you:
- Upon delivery to your address; or
- When the order is left at your requested location
8. Failed Delivery
If delivery cannot be completed due to:
- Incorrect address; or
- No response from customer
We may:
- Cancel the order without refund; or
- Charge additional delivery fees for redelivery
9. Cancellations and Refunds
Orders may be cancelled before preparation begins.
Due to the perishable nature of our products:
- Orders cannot usually be cancelled or refunded once prepared
- Refunds may be offered for incorrect, damaged, or defective items
Your rights under the Consumer Rights Act 2015 are not affected.
10. Allergens and Food Safety
Our products may contain or come into contact with allergens including (but not limited to) nuts, dairy, gluten, and eggs.
- We cannot guarantee the absence of cross-contamination
- It is your responsibility to check allergen information before ordering
- If you have allergies, please contact us before placing an order
11. Product Information
We aim to ensure all descriptions and images are accurate. However:
- Products may vary slightly in appearance
- Availability may change without notice
12. Promotions and Discounts
We may offer promotions or discount codes:
- These may be withdrawn at any time
- Cannot be combined unless stated
- May be subject to additional terms
13. User Content (Reviews)
If you submit reviews or content:
- You grant us a non-exclusive, royalty-free license to use it
- You must not post unlawful, offensive, or misleading content
We reserve the right to remove content at our discretion.
14. Acceptable Use
You agree not to:
- Use the App for unlawful purposes
- Attempt to gain unauthorised access
- Interfere with the App or its systems
15. App Availability
We do not guarantee that the App will always be available or error-free.
We may:
- Suspend or withdraw the App
- Update or modify features at any time
16. Fraud and Chargebacks
We reserve the right to:
- Refuse or cancel orders suspected of fraud
- Suspend accounts involved in fraudulent activity
- Challenge chargebacks where appropriate
17. Third-Party Services
We may use third-party providers for:
- Payment processing
- Delivery services
- Hosting and IT support
We are not responsible for their services but will use reasonable care in selecting them.
18. Limitation of Liability
To the extent permitted by law, we are not liable for:
- Indirect or consequential losses
- Delays caused by circumstances beyond our control
Nothing excludes liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
19. Force Majeure
We are not liable for failure or delay caused by events beyond our reasonable control, including:
- Severe weather
- Power outages
- Supply chain disruptions
20. Intellectual Property
All content in the App (including logos, images, and text) is owned by or licensed to us.
You may not use or reproduce it without permission.
21. Termination
We may suspend or terminate your access to the App if you breach these Terms.
22. Changes to These Terms
We may update these Terms at any time.
Continued use of the App constitutes acceptance of the updated Terms.
23. Governing Law
These Terms are governed by the laws of England and Wales.
Disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
24. Contact Us
If you have any questions:
- definitefoods@gmail.com
- Address
- 15a High Street, Hemel Hempstead HP1 3AA
- Phone
- 01442 976875