Terms and Conditions
2.4 – Dayes Ltd – B2C Website Terms & Conditions v1.03
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1 Definitions
1.1 - Tala Cooking: the name under which Dayes Ltd trades, established in United Kingdom and registered with operating company number 3765504, in-conjunction with VAT number 744 446228.
1.2 - Customer: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an Agreement with Tala Cooking and / or has registered on the Website.
1.3 - Agreement: any agreement or agreement between Tala Cooking and the Client, of which the General Terms and Conditions form an integral part.
1.4 - General Conditions: the present General Conditions.
1.5 - In writing: “In writing” in these General Terms and Conditions also includes communication by e-mail and or fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Article 2 Applicability of General Terms and Conditions
2.1 - These General Terms and Conditions apply to all offers, agreements and deliveries from Tala Cooking, unless expressly agreed otherwise in Writing. Any conditions of the Customer are hereby expressly rejected.
2.2 - If the Client includes provisions or conditions that deviate from or do not appear in the General Terms and Conditions in its order, confirmation or notification, which include acceptance or not, which are binding for Tala Cooking, if and insofar as these are expressly stated by Tala Cooking, Have been accepted in writing.
2.3 - In the event that specific product, promotion or service conditions apply in addition to these General Terms and Conditions, these conditions also apply, but the Customer who does not act in the exercise of a profession or business can always appeal in the event of conflicting conditions to the applicable provision that is most favourable to him.
Article 3 Prices and information
3.1 - All prices stated on the Website and in other materials originating from Tala Cooking are inclusive of VAT and, unless stated otherwise on the Website, other levies imposed by the government. Any discounts are not included in the price, unless stated otherwise.
3.2 - If packaging costs, shipping costs and / or delivery costs are charged, this will be clearly stated in time for the conclusion of the Agreement.
3.3 - The content of the Website has been compiled with the greatest care. Tala Cooking cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials from Tala Cooking are therefore subject to manifest programming and typing errors.
3.4 - The images accompanying the products on the Website are for illustrative purposes only and do not warrant the size or colour of the product in question. Tala Cooking can also not be held responsible for (colour) deviations due to screen quality.
Article 4 Conclusion of the Agreement
4.1 - The Agreement is concluded at the moment of acceptance by the Customer of the offer of Tala Cooking and in compliance with the conditions set by Tala Cooking.
4.2 - If the Client has accepted the offer electronically, Tala Cooking will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer who does not act in the course of a profession or business has the option to terminate the Agreement.
4.3 - If it appears that incorrect information was provided by the Client when accepting or otherwise entering into the Agreement, Tala Cooking has the right to only fulfil its obligation after the correct information has been received.
4.4 - Tala Cooking can inform itself within legal frameworks whether the Customer can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If on the basis of this investigation Tala Cooking has good reasons not to enter into the Agreement, Tala Cooking is entitled to refuse an order or request or to attach special conditions to the execution, such as advance payment.
Article 5 Registration
5.1 - In order to make optimal use of the Website, the Customer must register via the registration form / account registration option on the Website.
5.2 - During the registration procedure, the Customer chooses a password with which he can log in to the Website after registration. The customer is responsible for choosing a sufficiently reliable password.
5.3 - The customer must keep his login details strictly confidential. Tala Cooking is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the Client's account is the responsibility and risk of the Client.
5.4 - If the Client knows or suspects that his login details have become unauthorized, he must change his password as soon as possible and / or notify Tala Cooking so that Tala Cooking can take appropriate measures.
Article 6 Performance of the Agreement
6.1 - Tala Cooking is entitled to engage third parties to perform the obligations arising from the Agreement.
6.2 - The method of delivery can take place in various ways and is at the choice of Tala Cooking, unless otherwise agreed or stated. All orders from Tala Cooking will be delivered within 2-3 business days. The delivery time may differ due to the chosen payment method, availability in our warehouse, product type, or due to public holidays.
6.3 - If the Customer, acting in the performance of a profession or business, wishes to resell the products, the product must be offered in the original packaging without any change.
6.4 - If Tala Cooking cannot deliver the products within the agreed term, it will notify the Customer thereof. In that case, a customer who does not act in the exercise of a profession or business can agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge. The customer who acts in the exercise of a profession or business is never entitled to compensation in any form whatsoever that is in any way related to late delivery and / or failure to deliver.
6.5 - If there is a termination of the Agreement pursuant to the provisions of this article, Tala Cooking will refund any prepaid amounts as soon as possible, in any case within 14 days.
Article 7 Return
7.1 - The right of withdrawal is excluded for the Customer who acts in the exercise of a profession or business. This article therefore only applies to the Customer who does not act in the exercise of a profession or business.
7.2 - The Customer has the right to dissolve the remotely concluded Agreement with Tala Cooking within 14 calendar days after receipt of the product, without giving reasons. This is the 14-day trial period.
7.3 - The period commences on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product.
7.4 - The customer can dissolve the Agreement in accordance with paragraph 2 of this article by informing Tala Cooking of the fact that he is cancelling the purchase within this period. Tala Cooking will then provide return instructions. In most cases, the Customer must return the product as soon as possible, and no later than 14 days after dissolution.
7.5 - Customer takes care of the products. Tala Cooking wishes to receive the products in, as far as reasonably possible, original, unaltered, undamaged and unopened packaging.
7.6 - The customer is only liable for the depreciation of the product that is the result of a way of handling the product that goes further than necessary to check the nature, characteristics and functioning of products.
7.7 – If a return is to be made, please contact us via firstname.lastname@example.org or contact our friendly Customer Service Team on 01728 833400. Use our form as attached on our returns policy in conjunction with the return. After registration you can send your return to:
Tala, Customer Services
c/o Dayes Ltd
Units 1-5 Masterlord Ind Estate
Leiston, Suffolk, IP16 4JD
Please remember to include the invoice or print a copy of your emailed order confirmation as proof of purchase. Please also include whether you would prefer a refund or exchange. We ask you to allow 3-5 working days from the time the parcel arrived with us to be processed.
Note this returns policy relates to products purchased through talacooking.com website only. If you purchased a Tala product elsewhere then please contact the retailer in the first instance.
7.8 - The customer will receive the full purchase amount back as soon as possible, but no later than 14 days after termination. The repayment will be made using the same payment method as the Customer has paid. No costs will be charged for this.
7.9 – The customer is responsible and bears the risk for the return including associated postage costs to return item.
7.10 - The right of withdrawal is excluded for the following products, so that they cannot be returned:
- Products created by Tala Cooking In accordance with customer specifications (customization);
- Products that can spoil or age within the reflection period referred to in paragraph 1;
- Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery, such as, but not limited to, meals for animals.
Article 8 Payment
8.1 - Customer must make payments to Tala Cooking according to the payment methods indicated in the ordering procedure and possibly on the Website. Tala Cooking is free in the choice of offering payment methods and these can change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days, starting on the day after delivery.
8.2 - The possibility of payment after delivery is offered in the ordering process on the Website.
8.3 - The claim for payment is immediately due and payable if the Client is declared bankrupt, applies for a moratorium, is seized in full, is wound up or is dissolved.
8.4- £15 delivery charge on orders under £150 , excluding VAT
Article 9 Warranty and conformity
9.1 - This article only applies if there is a Customer who does not act in the exercise of his profession or business. If Tala Cooking gives a separate warranty on the products, without prejudice to what has just been stated, this applies to all types of Customers.
9.2 - Tala Cooking guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the Agreement and / or government regulations. Defects or damage that occur due to careless or incorrect use of the product, or failure to follow the supplied user manual, will be borne by the Customer.
9.3 - The customer is expected to inspect the delivered products as soon as possible and to report the defects found within a reasonable time, preferably in writing.
9.4 - If the delivered product does not meet the agreement on delivery (or is delivered defective, or customer is dissatisfied), the Customer can return goods as per Tala Cooking returns policy, outlined on the company website.
9.5 – If a customer has cause for complaint with regards to any service / product provided via Tala Cooking then the customer can make contact with Tala Cooking (contact details at the bottom of this set of Terms & Conditions) whereby Tala Cooking will look to resolve fully to result in a satisfied customer.
9.6 - If the Customer returns a delivery on the basis of the provisions of this article, Tala Cooking will be responsible for the return costs.
Article 10 Complaints procedure
10.1 - If the Client has a complaint about a product and / or other aspects of Tala Cooking's services, he can submit a complaint to Tala Cooking by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
10.2 - Tala Cooking will give Customer a response to his complaint as soon as possible, but in any case, within 14 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, Tala Cooking will confirm receipt of the complaint within 14 days and give an indication of the period within which it expects to respond to the complaint substantively or definitively. to give.
10.3 - Customers who are not acting in the exercise of their profession or business can also file a complaint through the European dispute resolution platform, which can be reached at http://ec.europa.eu/odr/.
Article 11 Liability
11.1 - This article only applies to the customer who purchases product through tala-cooking.com.
11.2 - Tala Cooking's total liability to the customer due to an attributable shortcoming in the fulfilment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
11.3 - Tala Cooking's liability to the Customer for indirect damage, including in any case - but expressly not exclusively - consequential damage, loss of profit, missed savings, loss of data and damage due to business interruption, is excluded.
11.4 - Apart from the cases referred to in the previous two paragraphs of this article, Tala Cooking does not have any liability towards the Customer for damages, regardless of the grounds on which an action for damages would be based. Any limitation or exclusion of liability included in the Agreement or the General Terms and Conditions does not apply if and insofar as damage is the result of intent or deliberate recklessness on the part of Tala Cooking.
11.5 - Tala Cooking's liability vis-à-vis the customer due to an attributable shortcoming in the fulfilment of an Agreement only arises if the Customer provides Tala Cooking with prompt and proper Written notice of default, thereby setting a reasonable period to remedy the shortcoming, and Tala Cooking continues to fail to meet its obligations after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that Tala Cooking is able to respond adequately.
11.6 - A condition for any right to compensation is always that the Customer reports the damage in writing to Tala Cooking as soon as possible, but no later than 30 days after it has arisen.
11.7 - In case of force majeure, Tala Cooking is not obliged to compensate for any damage caused to the customer. Force majeure, in addition to what is understood in law and jurisprudence, in any case means: not being able to meet the obligations as a result of (danger of) war, fire, water damage, flood, business occupation, strike, import and export obstacles , government measures, machine failures, disruptions in the supply of primary means such as energy, water, internet and disruptions in the telecommunications infrastructure, or in the event of storage and transport problems, through no fault or Tala Cooking’s sphere of risk originate.
11.8 - Insofar as Tala Cooking has already fulfilled or will partially fulfil the obligation under the Agreement at the time of force majeure, Tala Cooking is entitled to invoice the part already fulfilled or to be fulfilled separately, insofar as this part independent value is due. The customer is obliged to pay this invoice. If the Customer has paid in advance, Tala Cooking is only obliged to credit the part that has not been fulfilled due to force majeure.
Article 12 Retention of title
12.1 - The ownership of products only transfers to the Customer after full payment for the agreed amount has been made.
12.2 - The risk, with regard to these products, is transferred to the Customer as soon as the products to be delivered have been delivered to the specified delivery address or upon collection, upon transfer of the products. If expressly agreed, the risk will be transferred to the Customer earlier.
12.3 - In the event of bankruptcy, provisional moratorium, seizure or receivership, the products that have not yet been transferred by Tala Cooking are immediately due and payable.
12.4 - If the Customer acting in the exercise of a profession or business does not meet the obligations under the agreement or these General Terms and Conditions, or does not fulfil them on time, Tala Cooking can claim the delivered goods as its property.
Article 13 Personal data
13.1 - Tala Cooking processes the Client's personal data in accordance with the privacy statement published on the Website.
Article 14 Final provisions
14.1 - English law applies to the Agreement, which is reviewed by our legal partners on a regular basis.
14.2 - Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent English court in the district of Suffolk.
14.3 - If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) as replacement, which will give shape as much as possible to the intention of the original provision.
14.4 - Tala Cooking is at all times entitled to change these General Terms and Conditions. Tala Cooking will notify the Client of the changes, by email and / or via the Website, no later than 2 months before they take effect. Non-substantive changes of minor importance can be made at any time and do not require notification.
14.5 - From January 2022 we are going to enforce a 30 day policy. All disputes need to be submitted within 30 days of the invoice date.
There will be some exceptions, but these will be assessed on a case by case basis.
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us.
Units 1-5 Masterlord Industrial Estate
Station Road, Leiston, Suffolk, IP16 4JD, United Kingdom
T | +44 (0) 1728 833 400
Company Number 3765504
VAT 744 446228