1.1 These terms and conditions govern your use of Dauns.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you
disagree with these terms and conditions or any part of these terms and conditions, you must
not use our website.
1.3 If you register or make a purchase on Dauns, we will ask you to expressly agree to these
terms and conditions.
1.4 You must be at least 18 years of age to use Dauns; and by using Dauns or agreeing to
these terms and conditions, you warrant and represent to us that you are at least 18 years of
2. Licence to use website
2.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
2.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and
conditions, you must not download any material from our website or save any such material to
2.3 You may only use our website for your own personal purposes, and you must not use our
website for any other purposes. The information on Dauns does not replace medical advice and
you must contact a suitably qualified person if you need medical advice.
2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise
modify any material on our website.
2.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website including republication on another website;
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
2.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form
to any person
2.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at
our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any
access restriction measures on our website.
3. Acceptable use
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with
any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities including without limitation
scraping, data mining, data extraction and data harvesting on or in relation to our website without
our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity including without
limitation email marketing, SMS marketing, telemarketing and direct mailing
3.2 You must not use data collected from our website to contact individuals, companies or other
persons or entities.
3.3 You must ensure that all the information you supply to us through our website, or in relation to
our website, is true, accurate, current, complete and non-misleading.
4.1 The advertising of products on our website constitutes an “invitation to treat” rather than a
4.2 We may periodically change the products available on our website, and we do not undertake
to continue to supply any particular product or type of product.
4.3 Prices stated on our website may vary and they may be subject to the addition of VAT.
4.4 The sale and purchase of products through our website will be subject to terms and
conditions of sale, and we will ask you to agree to the terms of that document each time you
make a purchase through our website.
4.5 Any product reviews that you submit for publication on our website shall be subject to the
terms of Section 9 and Section 10.
We aim to provide an accurate an true reflection of our products in the description and pictures.
However, there may be some slight variation. All illustrations and recipes are serving suggestions
only. If there’s anything that you need clarification or further information please contact our
customer service team via our website. We endeavour to reply to queries as soon as possible.
5. Registration and accounts
5.1 To be eligible for an individual account on our website under this Section 6, you must be at
least 18 years of age and resident in the United Kingdom.
5.2 You may register for an account with our website by completing and submitting the account
registration form on our website, and clicking on the verification link in the email that the website
will send to you.
5.3 You must notify us in writing immediately if you become aware of any unauthorised use of
5.4 You must not use any other person’s account to access Dauns unless you have that person’s
express permission to do so.
Products will only be despatched after full payment of the product and postage and packing has
been received. We deliver to addressees in the UK only and all deliveries are subject to the
address being served by our couriers. All packages should be delivered in good condition. If the
package is not intact then please refuse to accept the package and notify us immediately with a
full description of the package and photograph where possible. If the goods that we deliver are
not what you ordered then you must contact us immediately. We have no liability to you unless
you notify us of any problems in writing via our contact on the website, within 7 days after receipt
of the goods. Under the UK Consumer Contracts Regulations, 2014, a customer cannot return
perishable items because they have changed their minds. Please see our separate policy on
Delivery and Returns. If you are untitled to a refund then we will make any payments in the same
payment method that you used at the time of purchasing the goods. You are initially liable for the
costs of carriage to return the goods. If we find that we are at fault then we will reimburse the
costs of returning the goods upon a valid receipt being received by us. No part of this Terms and
Conditions limits your rights as a consumer under current UK legislation.
6.1 Dauns, regularly sends out a newsletter and/or other informational emails to inform our users
about new services, features or products. The user may unsubscribe from the Newsletter at any
time using the unsubscribe option at the bottom of our emails, or by
writing to us at email@example.com
7. User IDs and passwords
7.1 If you register for an account with Dauns you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in
Section 10; you must not use your account or user ID for or in connection with the impersonation
of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your
7.5 You are responsible for any activity on our website arising out of any failure to keep your
password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account; or
(b) cancel your account;
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
9. Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials including without
limitation text, graphics, images, audio material, video material audio-visual material, scripts,
software and files that you submit to us or our website for storage or publication on, processing
by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce,
store, adapt, publish, translate and distribute your content in any existing or future media
including the right to reproduce, store and publish your content on and in relation to this website
and any successor website and reproduce, store and, with your specific consent, publish your
content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by
applicable law; and you warrant and represent that all other moral rights in your content have
been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made
available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any
provision of these terms and conditions in any way, or if we reasonably suspect that you have
breached these terms and conditions in any way, we may delete, unpublish or edit any or all of
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and
must not be capable of giving rise to legal action against any person (in each case in any
jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and
conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in
passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the
promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in any explicit, graphic or gratuitous manner
(m) be pornographic, lewd, suggestive or sexually explicit
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon
and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing,
hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Report abuse
11.1 If you learn of any unlawful material or activity on our website, or any material or activity that
breaches these terms and conditions, please let us know.
11.2 You can let us know by email firstname.lastname@example.org
12. Limited warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop
publishing our website, at any time in our sole discretion without notice or explanation; and save
to the extent that these terms and conditions expressly provide otherwise, you will not be entitled
to any compensation or other payment upon the discontinuance or alteration of any website
services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude
all representations and warranties relating to the subject matter of these terms and conditions, our
website and the use of our website.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these
terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of
these terms and conditions, including liabilities arising in contract, in tort (including negligence)
and for breach of statutory duty.
13.3 To the extent that Dauns and the information and services on our website are provided free
of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond
our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated savings, business,
contracts, commercial opportunities or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or
13.7 We will not be liable to you in respect of any special, indirect or consequential loss or
13.8 You accept that we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a limited liability
entity; you agree that you will not bring any claim personally against our officers or employees in
respect of any losses you suffer in connection with the website or these terms and conditions this
will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and
omissions of our officers and employees
14. Breaches of these terms and conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these
terms and conditions in any way, or if we reasonably suspect that you have breached these terms
and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website,
you must not take any action to circumvent such suspension or prohibition or blocking (including
without limitation creating and/or using a different account).
15. Third party websites
15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such
hyperlinks are not recommendations.
15.2 We have no control over third party websites and their contents, and subject to Section 13.1
we accept no responsibility for them or for any loss or damage that may arise from your use of
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions will apply to the use of our website from the date of their
publication on the website, and you hereby waive any right you may otherwise have to be notified
of, or to consent to, revisions of the terms and conditions.
16.3 If you have given your express agreement to these terms and conditions, we will ask for your
express agreement to any revision of these terms and conditions; and if you do not give your
express agreement to the revised terms and conditions within such period as we may specify, we
will disable or delete your account on the website, and you must stop using the website.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful
or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the
provision will continue in effect.
19. Third party rights
19.1 These terms and conditions are for our benefit and your benefit, and are not intended to
benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under these terms and conditions is not subject to the
consent of any third party.
20. Entire agreement
20.1 Subject to Section 13.1, these terms and conditions, together with [our privacy and cookies
policy], constitute the entire agreement between you and us in relation to your use of our website
and supersede all previous agreements between you and us in relation to your use of our website.
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive
jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 Gambardella’s Kitchen Ltd. is registered in Companies House; and our registration number is
23. Our details
23.1 This website is owned and operated by Dauns.
23.2 We are registered in England and Wales under registration number 9313121, and our
registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
23.3 Our principal place of business is at 41 Digby Road, Corringham, Essex, SS179BT
23.4 You can contact us by writing to the business address given above, by using our website
contact form, by email to email@example.com or by telephone on 077 795 79796.
Drafting notes for online shop terms and conditions
This standard terms and conditions template is designed to regulate the use of online shops or
stores selling products to businesses and/or consumers.
This document contains the contract provisions concerning the use of an online store. It does not
contain contract provisions concerning the purchase of goods from the online store. It should
therefore be used in conjunction with appropriate terms and conditions of sale (and for that matter