Terms and Conditions
Terms & Conditions
The following Terms and Conditions (further, the “Terms”) set out the terms and conditions under which You may use and access the website available at www.lepatissier.ie and www.shop.lepatissier.ie (the “Website”) and use the Services offered by the Company.
Use of the Website and the Services constitutes your agreement to follow and be bound by these Terms, which may be amended from time to time. Your use at any time thereafter constitutes your agreement to be bound by the Terms as amended.
Definitions. The definitions in this condition 1 shall apply in these terms and conditions and have the following meanings:
“Agreement” means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions;
“Authorised Person” means any person who is authorised to sign foraccept deliveries if the delivery address is a commercial premises;
“Buyer” means the person, firm, company or other legal entity who completes the Purchase Orderpurchases Goods and to whom the invoice is addressedOrder Confirmation Email will be sent;
“Company” means Tetralogy Holdings Limited trading as Le Patissier, registered under company number 520049 having its registerdregistered office at Unit B9-B11 Base Enterprise Centre, Damastown Road Mulhuddart, Dublin 15 (or such company in the group of companies as shall from time to time be involved in the business, the subject matter of these Terms;
“Goods” means any goods agreed in the Agreement to be supplied to the Buyer by the Company (including any part or parts of them);
Email” means the email sent to the Buyer by the Company notifying themconfirming that the Goods haveOrder(s) has been delivered toaccepted by the address in the OrderCompany;
“Order(s)” means Goods purchased by way of Purchase Ordervia the Website where an Order Confirmation Email has been sent to the Buyer and an Order number has been generated;
“Ordering System” the process on the Website through which an Order is made and payment is processed;
“Purchase Order” means the purchase order document issued by the Buyer to the Company indicating the type(s), quantities, and agreed prices for the Goods and/or services to be provided by the Company constituting a legal offer to buy the Goods.
“Recipient” means the Buyer and/or any person identified by the Buyer to receive delivery ofor collect Goods;
“Services” means the delivery and or collection of Goods offered by the Company either through the Website or phone.
- Words importing the singular shall, where the context so admits or requires, be deemed to include the plural and vice versa.
- References in these Terms to any statute or any statutory provision shall include any statute or statutory provision which now or at any time in the future, amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, instruments or other subordinate legislation made under the relevant statute
- Clause and schedule headings in these Terms are included for convenience only and shall not affect the construction or interpretation of the Terms.
- References to persons shall include associations or bodies whether or not incorporated.
- For your convenience, the definitions and their meaning have been clarified both in the Definition Section and in the texts of these Terms and the Agreement. If there is any conflict or inconsistency between the definitions and their respective meanings, the definition shall be interpreted in line with the textual context.
1.3 These conditions apply to the exclusion of the Buyer’s terms and conditions unless otherwise expressly agreed in writing and duly signed by an authorised representative of the Company.
2.1. Orders for Goods cannot be finally confirmed by the Company until the accepted Purchase Order has been received from the Buyer and full payment for the Goods has been received in advanceby the Company and the Order Confirmation Email has been sent to and received by the Buyer.
2.2 Unless previously withdrawn by the Company, a quotation of the Company is open for 30 days after the date of issue. All quotation and estimates supplied by the Company are invitations to treat. The Buyer’s Purchase Order is an offer and shall become binding upon acceptance by the Company upon the dispatch of the Order Confirmation Email and no contract shall exist until the Purchase Order is accepted by the Company and full payment is received by the Company.
2.3 The Company shall be entitled to carry out any credit checks on the Buyer which it deems necessary. This may involve the making of enquiries of third parties regarding the Buyer’s financial position.
2.3 All other terms, conditions or warranties whatsoever are excluded from the Agreement or any variation thereof unless expressly accepted by the Company in writing. No servant or agent of the Company has power to vary these conditions orally or to make any statement or representation about the Goods.
2.52.4. These conditions shall be deemed to be incorporated into any Agreement between the Company and the Buyer to the exclusion of any terms or conditions stipulated or referred to by the Buyer. Any dealings with the Company following receipt by the Buyer of notice of these conditions shall automatically be deemed acceptance thereof notwithstanding the absence of formal acknowledgment.
22.214.171.124.1 Changes to Orders
126.96.36.199.2 Please note that changes to anyan Order for delivery (for example delivery address, delivery date, gift message, additional items, goods selection and or cancellation) must be made at least [insert number of hours], or by [insert time am/by 9am on the business day before the confirmed delivery date. Where the Order is for a collection, any changes must be received before 2pm] on [insertthe business day] before [insert day] deliveries,the Collection Date. This is to ensure that we havethe Company has time to amend/cancel the Order prior to dispatch and before our offices close on [Friday]production of the Goods.
188.8.131.52.3 The Company cannot accept changes or cancellations to Orders that are due for delivery or collection outside of the following day as theyabove times as all Goods are made fresh to order and may have beenbe prepared and boxed ready for dispatch. Although the Company will use reasonable endeavours to try and makefacilitate any changes to an Order if requested, it cannot guarantee to makethat any such changes will be made. Orders placed, changed or cancelled after the Company’s offices have closed after [insert time]any cancellations thereof after 12pm on a Friday or on a Saturday/Sunday or public holiday will be treated as having been received on the following working day.
184.108.40.206.4 All goods are made to order and by their nature are perishable and have a limited shelf life. Whilst the Company will allow cancellation of ordersOrders it will not have any obligation to refund the purchase monies to the Buyer where the orderOrder has already been made and is available for collection or delivery.
220.127.116.11.5 Please note that during busy periods which include but are not limited to, Mother's Day, Father’s Day, Valentine’s Day, Easter and Christmas, the Buyer must give the Company [insert number of hours] hours2 working days’ notice to process changes or cancellations. During peak times, any changes requested within 72 hours of the delivery date cannot be guaranteed due to the volume of orders being processed.
2.7 Minimum Order Value
The Company cannot accept orders under [insert amount] in total value, including all discounts and promotions.
3. Delivery and Collection
The Following terms and conditions apply where the Buyer orders goodsGoods for delivery.
3.1.1 The Buyer’s confirmation emailOrder Confirmation Email that is sent on completion ofto the placing any OrderBuyer contains all the key information pertaining to that Order. It is very important that the Buyer’s responsibility to check this to ensure nothe Order Confirmation Email to confirm that all the information on it is correct, and to immediately notify the Company of any errors have been made. If the Company is provided with an incorrect address, post code or contact number for the delivery address and the Goods are sent out for delivery before the any inaccuracies/error isare highlighted, the Company cannot be held responsible for any delays or non-delivery as a result of this, and the Buyer is not entitled to replacement Goods.
3.1.2 The Buyer is responsible for providing a daytime delivery address including Eircode, local daytime telephone number for the intended Recipient and a postal code where applicable. Orders without a local recipient contact number cannot be guaranteed and may be delayed.
3.1.3 The Company only delivers in the following areas: County Dublin, Bray, Greystones and Delagny (the “Delivery Area”). If an Order is placed to an area outside the Delivery Area, an administration fee will be charged to the Buyer at the Company’s discretion. The Company from time to time at their own discretion may permit deliveries outside of the Delivery Area and these may be subject to an increased delivery charge.
3.2 Same Day Delivery
The Company is not offering same-day delivery at the moment.
3.3 Next Day Delivery
3.3. Orders for next day delivery must be placed before 4:00 pm Monday to Friday, and by Friday 4:00pm for Monday deliveries. Deliveries are usually made any time between 9am and 6pm during non-peak periods. The Company cannot guarantee specific delivery times.
3.3 Receipt of deliveries
3.3.1 Goods sent to locations other than private addresses will be delivered to a main reception or similar location for internal distribution. When delivering to such an establishment, the signaturereceipt of any person authorised to accept delivery on behalf of the organisation (the “Authorised Person”) shall be accepted as proof of delivery.
18.104.22.168.2 Where the Buyer is sending goods to a business/office, or other non-residential location the receipt by the Buyer of the Delivery Confirmation Email, it means the goods have been received. The Company may rely on the Authorised Person to contact the Recipient to inform them that the Goods have arrived. The Company will only call Recipients in the event of difficulty with the delivery.
3.53.4 Failure to deliver
3.5.1 A daytime delivery address and valid local phone number must be provided by the Buyer when placing any order.
3.4.1 If there is no one home to accept delivery or no answer on the telephone number provided, the Company’s driver will leave a voicemail (where possible) to notify the Buyer or Recipient of attempted delivery.
22.214.171.124.2 Where possible, the Company’s driver may attempt to leave the Goods in a safe place (such as a porch) or they may deliver to a neighbour. When possible, the Company’s driver may reattempt delivery later that day, but is under no obligation to do so. If delivery has been unsuccessful, the Company will endeavour to notify the Buyer as soon as possible.
126.96.36.199.3 The Company will endeavour to make sure Goods are delivered, however sometimes issues arise outside the Company’s control and deliveries don't turn up as scheduled. When buying Goods from the Company, the Buyer is not entering into a contract that guarantees delivery on a certain date provided. If the Company fails by its own fault or omission to deliver any goods within 3 daysGoods on the date of their intended delivery date, the Company t ourthey will attempt to deliver the next day or offer to issue a full refund, at its absolute discretion. If the Company offers the Buyer a refund, it will authorise the refund the Buyer the full amountbe paid within 3 working days. Please note that banks might take an additional 3-5 working days to refund the transaction.
3.6 3.5 Re-attempts to deliver
188.8.131.52.1 When possible, the Company may reattempt the delivery later the same day. If delivery has been unsuccessful, the Company will endeavour to notify the Buyer as soon as possible. It is not guaranteed that the Company will be able to reattempt a failed delivery on the same day, as drivers are moving around across a wide geography. Depending on the circumstances, a failed delivery may be re-attempted the following working day or as soon as it is practicable for the Company to do so.
184.108.40.206.2 If the Buyer providesdelivery was unsuccessful due to the actions or omissions of the Buyer, either by providing an incorrect or insufficient address, ora change of address anor by failure to accept the delivery, the Company will at its discretion attempt re delivery pursuant to condition 3.5.1. An additional redelivery feeredlivery charge of €[insert amount]5 may be applied in these circumstances.
3.6.3 Where deliveries are required outside of County Dublin, if a delivery has been attempted and has failed for reasons outside of the Company’s control, a redelivery charge will be applied.
3.6 Timing of deliveries
*PLEASE NOTE: As a result of COVID-19, delivery dates cannot be 100% guaranteed. While the vast majority of deliveries are being made on-time, some deliveries may be delayed by 24 to 48 hours.
3.6.1 Deliveries are usually made any time between 9am and 6pm during non-peak periods. The Company cannot guarantee specific delivery times. Any request that Goods are to be delivered to the Buyer at a particular time does not guarantee that they will be delivered at that time.
3.6.2 The Company will make every effort to deliver goods on the date requested. However, there may be circumstances, where the Company may not be able to deliver the goods on the delivery date requested by the Buyer. The date of delivery may be delayed due to circumstances beyond the Company’s control, or if an insufficient address / contact information has been provided.
220.127.116.11.2 The possibility of Orders being delayed during peak periods, such as Mother's Day, Valentine's Day, Easter and the Christmas period, is greater than usual due to the volume of orders being processed.
3.7.3 Deliveries are usually made during daytime delivery hours (between 9am-6pm). The Company does not guarantee specific delivery times, especially busy periods and deliveries may take place outside normal delivery hours. Any request that Goods are to be delivered to the Buyer at a particular time does not guarantee that they will be delivered at that time.
3.7 Delivery Instructions
18.104.22.168.1 When placing an Order with the Company either by phone, or on the Website, the Buyer is provided with the opportunity to record any special delivery instructions. If the Buyer has any special instructions regarding delivery, for example if the Buyer does not wish for Goods to be left with a neighbour in the event that there is no one home, the Buyer must give the Company express instructions to that effect.
22.214.171.124.2 The Company passes the Buyer’s instructions directly to its drivers and/or couriers and will always do its best to ensure the BuyersBuyer’s instructions are followed.
126.96.36.199.3 Where the Company follows delivery instructions provided by the Buyer and the Goods are subsequently stolen, the loss is the sole responsibility of the Buyer. In the event that the Company or its agents or employees believes that there is a risk of the Goods being stolen, the Company reserves the right not to follow the delivery instructions provided.
188.8.131.52.4 The Company will not contact a Recipient in advance to arrange a delivery time. The Recipient’s phone number is only used by the Company’s drivers to contact the Recipient if they have trouble locating the address or if nobody is home.
The following terms and conditions apply where the Buyer orders goodsGoods for collection.
184.108.40.206.1 Buyers who wish to collect the goods being purchasedGoods must use the Company’s Collection Ordering systemSystem on its websitethe Website.
220.127.116.11.2 Where goodsGoods have been ordered for collection, the Buyer will be informed by the Company of the time andidentity the date that they will collect the Goods through the Ordering System and the goodsGoods will be available for collection between 12pm and 4pm from the Company’s premises at Unit B9-B11, 15 Damastown Road, Mulhuddart, Dublin 15, D15Y921 on that date (the collection timeCollection Time).
18.104.22.168.3 Where a Buyer has agreed to purchase goodsGoods for collection payment for those goods must be made in full at the time that the Order is made. If the Buyer who has ordered goodsGoods for collection subsequently requests delivery of the goods by the CompanyGoods, the Buyer will be liable to discharge a delivery chargefee of €5 prior toand the delivery being madeOrder for collection will be cancelled and a new Order for delivery must be placed by the Buyer and a new Order Confirmation Email will be sent.
22.214.171.124.4 If the Buyer either fails to collect goods ordered for collection within [insertthe hours] of the collection time set out at condition 3.9.2 then the Company will have no obligation to refund the purchase monies paid for the goods.
15 DAMASTOWN ROAD, MULHUDDART, D15 Y921
4. Force Majeure
Neither the Company, its drivers, or any courier service that it uses shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control which hinders the Company’s ability to perform its obligations under the Agreement; these circumstances to include but not be limited to any adverse weather conditions - such as snow, flood, extreme winds - or fire, explosion, accident, traffic congestion, obstruction of any private or public highway, restrictions as a result of any outbreak of disease, epidemic or pandemic riot, terrorism, act of God, or from any industrial dispute or strike.
5.1 The Company’s Goods are freshly made from high-quality ingredients. Goods will be packed in an outer cardboard box for protection during transit. The photographs on the goods pageWebsite show sample goods only and cannot be relied upon to be an identical representation of the Goods that the Buyer will receive upon delivery or collection.
5.2 Availability and substitution
Every Order is freshly made, therefore from season to season the Company may be required to substitute one or more ingredients. In the event of any supply difficulties, the Company reserves the right to substitute ingredients without notice.
6. Satisfaction Guarantee
5.16.1 Although the Company does its best to ensure that this does not happen, on very rare occasions, Goods delivered to their destination may be damaged or fail to arrive due to an unforeseen delivery issue. If the Recipient receives damaged goods, the Buyer should contact the Company immediately so that it can arrange one of the following:
- a re-send on the next available delivery date; or
- a full or partial refund (the percentage of the refund depends on the specific circumstances of the issue).
5.26.2 The decision as to whether to offer replacement Goods or a refund is made solely at the Company’s discretion. The Company will not offer both a refund and a resend. Where Goods have been damaged, we will normally ask for them to be returned or for photographs clearly showing the damage. It is important that we are contacted as soon as possible regarding such issues. Notification of damaged goods must be made within 48 hours1 hour of delivery. Whilst the Company will, at its discretion consider issues raised after the 48 1hour deadline it reserves the right to refuse the options of refunding or resending the Order.
67. Fraudulent behaviour
6.17.1 If the Company believes that an Order may be fraudulent in nature, for whatever reason, we reserve the right to cancel the Order and refund the monies paid. The Company is under no obligation to reveal why it believes the Order to be fraudulent. The Company will co-operate with the Gardai regarding any criminal investigations. The Company reserves the right to refuse to sell goods, and at its sole discretion to block any IP address from accessing our Website and any other blocking or fraud prevention measures we deem necessary to implement from time to time.
7. Cut off times
7.1 Orders intended for next-day delivery must be placed with the Company by [4pm] the day before the desired delivery date.
8. Buyer and Recipient Personal Information
8.1 The Company requires accurate contact details for both the Buyer and the Recipient, in order to ensure that it can communicate details pertaining to the delivery.
8.2 When placing an Order on the Website, the Buyer is required to provide the following information:
- Buyer’s email address. The Company will send the Buyer an Order confirmation, Order dispatch confirmation and Delivery Confirmation Email. The Company’s courier partners may also sendIf the Buyer an email updating the Buyer on the delivery status. Periodicallyprovides their consent, the Company may use the Buyer’s email addresses to send out promotions, offers, discounts and other marketing material. The Buyer must ensure that their/it’s email address is accurate when placing an order.
- Buyer payment details- including the Buyer’s full name as it appears on the Buyer’s credit/debit card. This information is passed directly to Company’s payment provider. The Buyer’s payment details are not saved nor accessible at any time by the Company.
- Buyer’s telephone number. The Company may contact the Buyer in the event of problems with the delivery or problems with the payment.
- Recipient’s full name, address (including Eircode) and valid daytime telephone number. These details are to ensure delivery. The Company may also use the Recipient's name and address for marketing communications, however the Company will never use the Buyer’s phone number for marketing communications.
9. Limitation of Liability
9.1 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the website, any changes to the website, any goods delivered or collected, or not sent or received or for any of the above-mentioned damages that result from the Goods Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.00.ï ï
10.1 If the Company fails, at any time during the term the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if the Company fails 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.
10.2 A waiver by the Company of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by the Company 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 an Agreement 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.
12. Entire Agreement
The Company intends to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Agreement. While the Company accepts responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
13. The Company’s right to vary these terms and conditions
13.1 The Company has the right to revise and amend these terms and conditions from time to time.
13.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from the Website, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Company notifies you of the change to those policies or these terms and conditions before the Order Confirmation Email is sent (in which case the Company has the right to assume that you have accepted the change to the terms and conditions, unless you notify the Company.
14. Law and jurisdiction
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Ireland.