Terms of service
1. Application
These Terms and Conditions apply to the purchase of goods by you, the Customer, from Magpye Ltd, a company registered in England and Wales under number 11420155, whose registered office is 1a Vallum Farm, East Wallhouses, Newcastle upon Tyne, NE18 0LL, email info@magpye.co.uk (the Supplier, we, us).
By ordering any of our goods from our website, you agree to be bound by these Terms and Conditions. You can only purchase goods from the website if you are at least 18 years old and legally capable of entering into a contract.
2. Interpretation
In these Terms and Conditions:
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Customer means the person ordering goods via our website.
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Contract means the legally binding agreement between you and us for the supply of the goods.
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Delivery Location means the address to which the goods are to be delivered, as set out in the order.
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Goods means the goods advertised on the website that we supply to you, of the number and description set out in the order.
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Order means your order for goods from us, submitted following the step-by-step process on the website.
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Privacy Policy means our privacy policy, which sets out how we deal with personal information we receive from you via the website.
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Website means our website https://magpye.co.uk.
3. Goods
3.1 The description of the goods is as set out on the website, social media or other advertising. Images and descriptions are for illustrative purposes only and there may be minor variations in colour or appearance.
3.2 Where goods are made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3 All goods shown on the website are subject to availability. If a product is unavailable after you place an order, we will inform you and offer a refund or alternative.
3.4 We may make changes to the goods which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the goods.
4. Personal information and registration
4.1 When you create an account on the website you must set up a username and password. You are responsible for all actions taken under your username and password and must keep these details secure and confidential.
4.2 We handle all personal information in line with our Privacy Policy.
4.3 We may contact you by email, other electronic methods or pre-paid post. By placing an order you agree that these are acceptable means of communication.
5. Basis of sale
5.1 The information on our website is an invitation to treat, not a binding offer. When you submit an order on the website, this is an offer to buy the goods from us.
5.2 We may reject an order for any reasonable reason, for example if a product is out of stock, if we cannot obtain authorisation for your payment or if there has been a pricing error. If we reject your order we will let you know as soon as reasonably possible and refund any payment taken.
5.3 The order process is explained on the website. You will have the opportunity to check and amend any errors before submitting your order. It is your responsibility to ensure that you complete your order correctly.
5.4 A contract for the sale of the goods is formed only when you receive an email from us confirming your order (Order Confirmation). Please check the Order Confirmation carefully and contact us immediately if there are any errors. We are not responsible for errors in the information you provide.
5.5 Any prices, offers or promotions shown are valid at the time of ordering unless we clearly state otherwise or withdraw them.
5.6 From time to time we may run introductory or promotional offers (for example, a free pie with your first order). Such offers are subject to availability and may be withdrawn or changed at any time. Where a free or discounted item is included, the specific product supplied may vary depending on stock.
5.7 Once a contract is formed, no variation to the order can be made except as set out in the Cancellation section below.
5.8 These Terms and Conditions apply where you are purchasing as a consumer. If you are buying as a business or trade customer you must tell us, and separate terms may apply.
6. Price and payment
6.1 The price of the goods and any delivery or other charges is as shown on the website at the time of your order, unless we have agreed otherwise in writing.
6.2 All prices include VAT at the rate applicable at the time of the order.
6.3 Payment must be made at the time of ordering using one of the payment methods available on the website. We will take payment before dispatching the goods.
7. Delivery
7.1 We will deliver the goods to the Delivery Location you provide when placing your order.
7.2 We aim to deliver within the timeframes shown on the website and, in any event, within 30 days of the date of the contract, unless you agree otherwise.
7.3 Because our goods are frozen and perishable, it is important that someone is available to receive the delivery. By placing an order you agree that:
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You will provide an accurate delivery address and any relevant delivery instructions.
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If no one is present, the courier may leave the parcel at your address or in a safe place that they consider suitable for frozen goods.
Once the courier has followed these instructions and recorded delivery, the goods will be treated as delivered and the risk of loss, theft or deterioration will pass to you.
7.4 If it is clear that the courier has delivered to the wrong address, or your order is missing or damaged on arrival, please contact us as soon as possible so we can investigate and put things right.
7.5 We may deliver the goods in instalments if there is a stock shortage or other genuine reason, provided this does not materially disadvantage you and you are not charged extra delivery fees.
7.6 The goods become your responsibility once delivery is completed in line with this section.
8. Risk and title
8.1 Risk of damage to or loss of the goods passes to you on delivery.
8.2 You do not own the goods until we have received payment in full. If payment is not received, we may cancel the contract and require you to return any goods in your possession, or allow us to collect them.
9. Cancellation and changes
9.1 Change of mind before dispatch (standard products)
You may cancel your order for standard products if you contact us before the order is picked and packed for dispatch. We will confirm if cancellation is still possible and refund you in full if it is.
9.2 After dispatch
Because our products are frozen and perishable, you do not have a legal right to cancel the order once dispatch has taken place simply because you change your mind.
9.3 Custom or special orders
If you order goods made to your special requirements (for example, bespoke flavours or event catering), you may cancel up to 24 hours after placing the order. After that point we may have already started production and cancellation may not be possible.
9.4 Faulty or incorrect goods
Nothing in these terms affects your legal rights where the goods are faulty, damaged, unsafe to eat or not as described. If there is a problem with your order, please contact us as soon as possible with photos and details and we will work with you to replace or refund the affected items in line with your statutory rights.
9.5 We will make any reimbursements due without undue delay and at the latest within 14 days of agreeing that a refund is due.
9.6 Due to food safety rules, we are normally unable to accept returned frozen goods. If we ask you to return anything, we will explain how to do this safely.
10. Conformity of goods
10.1 We have a legal duty to supply goods that conform with the contract.
10.2 The goods will:
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be of satisfactory quality;
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be reasonably fit for any purpose you make known to us before the contract is made, or for any purpose we describe; and
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match the description given on the website.
If the goods do not meet these standards, you may have rights to a repair, replacement or refund.
11. Privacy and data protection
11.1 Your privacy is important to us. We process your personal data in accordance with UK data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018.
11.2 These Terms and Conditions should be read alongside our Privacy Policy and Cookies Policy, which explain in more detail what personal data we collect, how we use it and your rights.
11.3 We act as the data controller of the personal data we process in providing goods to you. We will:
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collect and use personal data only for specified, lawful purposes;
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keep the data accurate and up to date;
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keep it for no longer than necessary; and
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use appropriate technical and organisational measures to keep it secure.
11.4 For any questions or complaints about data privacy, you can email info@magpye.co.uk.
12. Governing law, jurisdiction and complaints
12.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales.
12.2 If you have a complaint, please email info@magpye.co.uk and we will aim to respond within 24 hours on working days and resolve matters as quickly as we reasonably can.
12.3 If a dispute cannot be resolved informally, the courts of England and Wales will have jurisdiction. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts.