Terms and Conditions

1.1 The ''Buyer'', ''Accountholder'' or ''You'' means the person/ organisation/ company who buys, in whose name the Account is held or agrees to buy the goods from the Seller.
1.2 The ''Seller'', ''Us'' or ''We'' means Madeira Patisserie Ltd, Madeira London Ltd, Madeira London Retail Ltd of Unit 1-2 Linford Street, London SW8 4UN.
1.3 ''Conditions'' and '' Terms and Conditions'' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.4 ''Delivery Date'' means the date specified by the Seller when the goods are to be delivered or collected by the Buyer.
1.5 ''Goods'', ''Supplies'' means the articles which the Buyer agrees to buy from the Seller.
1.6 ''Price'' means the price for the Goods but excludes carriage charges, packing, insurance and VAT (if applicable).
1.7 ''Account” the Madeira Account that You hold;
1.8 ''Deposit” the amount that We ask You to pay as described in Clause 9.2 as an advance against any money that You might owe Us in the future;
1.9 “Telesales Agent” means the employee or contractor of Madeira who assisted You with your application if Your application was made over the phone;
1.10 ''Website” means the website at the following url: https://www.madeiralondon.co.uk/

2.1 All estimates and/or quotations for services and/or goods supplied by the Seller are subject to these Conditions and no variation will apply unless agreed in writing by Director of the Seller.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of collection of Goods shall be deemed to be conclusive evidence of the Buyers acceptance of these Conditions.

3.1 All prices are subject to VAT at the rate applicable at the date of the invoice (if applicable).
3.2 The price of the Goods shall be the price stipulated in the Sellers published price list, current at the date of delivery/collection of the Goods. The Seller reserves the right to alter prices without prior notice and the new prices will be advised to the Buyer when requested at the time placing the order.

4.1 The Seller shall not be bound to deliver or allow collection of the Goods until the Buyer has paid for them, unless credit terms have been agreed. Payment shall be due before delivery/collection and time for payment shall be of essence, unless credit terms have been agreed.
4.2 Notwithstanding the provisions of clause 4.1 above, provided the Buyer holds and account with the Seller, full payment shall be due after Goods have been delivered/collected/invoice Date (or as stated above under Payment Terms).
4.3 If the Buyer fails to make any payment on the due date then without prejudice to any of the Sellers other rights, the Seller may suspend or cancel deliveries/collections of any Goods due to the Buyer, appropriate any payment made by the Buyer to such of the goods or Goods supplied under any other contract with the Buyer, as the Seller may in its sole discretion think of.
4.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above NatWest Bank plc base rate from time to time in force and shall continue to accrue at such rate after as well as before any judgement.
4.5 Any cheque requiring representation will attract a charge of £25.00 per cheque per representation. Any cheque returned for any reason will attract a charge of £50.00 per cheque.
4.6 The Seller reserves the right to charge at cost, any and all third party costs incurred by the Seller in the recovery, or attempted recovery of any unpaid invoices.

5.1 No order will be accepted with an overall value of less than £15.00 excluding VAT (if applicable).
5.2 The Seller will replace or credit any Goods proven faulty upon delivery/collection. All such claims must be made by email or telephone (and confirmed in writing or by fax if requested) within 24 hours, or no claim will be entertained. Goods will not be accepted back after this period under any circumstances.
5.3 If upon receipt of Goods the Buyer should find any discrepancy in comparison to the order, the Buyer must notify of the discrepancy, firstly to the driver and then the Seller by email or telephone (and confirmed in writing or by fax if requested) within 24 hours. Missing delivery notes must also be reported within 24 hours as replacement copies cannot be provided after this time.
5.4 Goods which are in accordance with the contract will not be accepted for refund/credit or return under any circumstances.

6.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conforms to the contract of sale.
6.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
6.3 The Seller shall not be liable to the Buyer for late/short delivery or collection of Goods.

7.1 “We will collect, store and use any personal information provided by You and/or Account holders in connection with Your Account (“Your Information”) in accordance with the requirements of the Data Protection Act 2018, the General Data Protection Regulation (GDPR) and our Privacy Policy, details of which can be found here and under the Terms and Conditions at https://madeiralondon.co.uk/terms-and-conditions/.
7.2 We will use Your Information in the following ways:
a) to set up and maintain Your Account and all records relating to it;
b) for the administration of Your Account and to process and communicate with You about transactions on Your Account;
c) to enable us and third parties to carry out technical, logistical or other functions for the purposes of managing Your Account and the technical and management systems upon which it relies on Our behalf;
d) to carry out fraud prevention in accordance with 7.3 below;
e) to carry out credit checking in accordance with 7.4 below;
f) to enable us and third parties to carry out data analysis with regard to Your Account for the Company’s internal business purposes; and
g) to conduct marketing activities described in and subject to 7.5 below.
7.3 We and/or other organisations may access and use Your Information and share it with fraud prevention agencies to prevent fraud and money laundering, for example, when: (i) checking details on applications for credit and credit related or other facilities, (ii) managing credit and credit related accounts or facilities, (iii) recovering debt, (iv) checking details on proposals and claims for all types of insurance, and (v) checking details of job applicants and employees. If false or inaccurate information is provided by You and fraud is identified, details will be passed to fraud prevention agencies and law enforcement agencies may access and use this information. You may be refused certain services, finance or employment as a result of this. Further details of how the information held by fraud prevention agencies may be used are detailed in our Privacy Policy. We and other organisations may access and use the information recorded by fraud prevention agencies from other countries.
7.4 We may use Your Information for credit checking in order to mitigate exposure to bad debts. By entering into this Agreement You confirm Your agreement to Us or a third party nominated by Us undertaking such credit reference agency searches from time to time and You agree that records of the searches may be seen by other organisations in relation to any application for credit in the future.
7.5 Your Information including Your contact details may be used for marketing purposes as agreed by You when you register and activate your Account on the Web.

8.1 We are entitled to amend these Terms and Conditions at any time by written notice to You. We will give you written notice either by a written notice on Your invoice stating that new terms and conditions have been posted on the Web Portal or by a separate electronic communication. It is Your responsibility to check any amendments that are so notified. If You wish to discuss the amended terms and conditions, You must do so within seven days of the change being notified. The amended terms will be deemed to have been accepted seven days after the date of the relevant notice if You have not contacted Us within this period.

(a) The technical steps required to create the contract between you and us are as follows:
(i) You place the order for the Cakes, Breads, Goods and/or Services on our site by pressing the confirm button at the end of the checkout process. Our process allows you to check and amend any errors before submitting your order to us, we urge you to do this;
(ii) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
(iii) Your order will be accepted and the contract between you and the Seller will be formed when: in respect of Cakes, Breads, Goods when they are delivered or collected; and in respect of Services when the supply of the Service begins. Where an order includes more than one of the above components the contract shall be deemed to be formed at the earliest of the above events.
(b) If we are unable to supply you with the Cakes, Breads, Goods and/or Services, for example because that Cakes, Breads, Goods and/or Services are not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. In the unlikely event that you have already paid for the Cakes, Breads, Goods and/or Services we will refund you the full amount as soon as possible.
(c) These terms, and any contract between us, are only in the English language. We will not file a copy of the contract between us.
(d) The images on our site are for illustrative purposes only and do not necessarily represent the exact Goods to be purchased. For example, the Goods may vary from the images in terms of size and colour and it is your responsibility to clarify with the Seller any points regarding the appearance of the Goods prior to placing an order.
(e) Whilst the Seller has made every effort to ensure that details and information given on this site are accurate, full technical specifications are not necessarily included. Furthermore, the Seller's policy is one of continuous improvement and the right is reserved to alter details and information as the need arises. Accordingly you should check any details and information you wish to rely on with the Seller at the time of purchase.
(f) Unless otherwise agreed, prices for Cakes, Breads, Goods and/or Services may change from time to time, but changes will not affect any order which we have accepted in accordance with Condition 18(a) above.
(g) Where applicable to you, the price is subject to VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.
(h) Our site contains a large number of products and services. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
(i) The price of a Cakes, Breads, Goods and/or Services may not include delivery or collection charges. Our delivery and collection charges are as set out on our site from time to time.
By using Madeira you accept Madeira's Terms & Conditions when applying or using the online services. Madeira is committed to maintaining the privacy of the information you provide to us and safeguarding the privacy of our customers and website visitors.
You can read about how we use your information in our Privacy Policy section.

• We use reasonable security methods to protect the data that resides on our servers. However, no security system is impenetrable. We cannot guarantee the security of our servers, nor can we guarantee that information that users supply will not be intercepted while being transmitted to us over the Internet.
  We use Internet standard encryption technology ("SSL" or "Secure Socket Layer" technology) to encode personal data that you send to us through the Enquiry form and other forms used through the Website. SSL works by using a private key to encrypt data that's transferred over the SSL connection. To check that you are in a secure area of the Website before sending personal data to us, please look at the bottom right of your website browser and check that it displays an image of a closed padlock or an unbroken key.
• However, please note that whilst we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.

• About us
  • This privacy policy explains how Madeira Patisserie Ltd, Madeira London Ltd and Madeira London Retail Ltd (together "MADEIRA") use personal data. MADEIRA are data controllers of this information for the purposes of this policy.
• When does this policy apply?
  • This policy applies to the personal data that MADEIRA collects and holds about you when you use its websites and/or other services. MADEIRA’s websites and services include:
    - https://madeiralondon.co.uk, https://orders.madeiralondon.co.uk, https://pasteldenata.co.uk
    - The Madeira Retail Shops; and
    - The Telephone Sales Line.
• What types of personal data do we hold?Information we hold about you may include any one or more of the following types of data:• Account information: When you register to use or engage with any of MADEIRA’s goods and/or services, the minimum information we will usually ask you to provide is your name, email address, telephone number, trading information, invoice information and registered information. We may also ask you for additional information depending on the service you are registering to use.
  • Transactional information: When you purchase products from Pastel de Nata Websites or any offline sales channels, we will keep a record of your transaction, including what you purchased and when, and any information you provide to us to fulfil the transaction. This may include your name, billing information, telephone number, and delivery address. We will not keep payment card information, except for the last four digits of your payment card number which we keep in case there are any payment disputes or we need to issue a refund.
  • Information you provide to us in response to a survey: We may occasionally contact you to ask for your feedback on Pastel de Nata products, goods and/or services so that we can make them better and more relevant.
  • Information you post online: We may hold and use information and/or user generated content which you post on Pastel de Nata Websites.
  • Information from other companies: We may use publicly available postal address lists and the edited electoral roll to ensure that the information we hold about you is accurate or we may use this information, together with general market research information.
  • Online usage information: If you use Pastel de Nata Websites we may collect your browser type, the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, length of visits to certain pages, page interaction information, (such as scrolling, clicks and mouse-overs) and methods used to browse away from the page. In addition, if you use the Pastel de Nata App we may collect information confirming your device type and any GPS location data. Online usage information may be linked to a unique identifier but we do not link online usage information to named individuals. In order to collect online usage information we use cookies and other similar technologies.
• The purposes for which we use your information
  • Contract performance: Pastel de Nata may use account information and transactional information data, as necessary, to carry out or perform any contract which you may have entered into with us and when we administer your online or offline accounts. We also use this information to communicate with you and handle your enquiries regarding these contracts. If you order Pastel de Nata goods, products or services for another person we may ask you for their personal information and we will use this to provide the services you have ordered. Please ensure that you have their permission before providing this information to Pastel de Nata.
  • Recruitment: If you apply for a job with MADEIRA we may use your information for the purposes of recruitment and selection, corresponding with you and equal opportunities monitoring.
  • Legal obligations: MADEIRA retains records of all of its financial transactions with you in order to comply with its legal obligations to maintain adequate accounting records. MADEIRA may use (and disclose) the information it holds about you in order to comply with any investigative demand, court order, or a request for cooperation from a law enforcement or other government agency.
  • Marketing with your consent: If you consent to it, MADEIRA may contact you with news and offers from MADEIRA and its and partners (an up-to-date list of which we think may be of interest to you). You have the right to withdraw your consent at any time. If you would like to unsubscribe now, please contact info@madeiralondon.co.uk
  • Other legitimate purposes: MADEIRA analyses information it holds about you to identify trends and preferences and to get a more informed picture of how MADEIRA customers are using its products and services. MADEIRA does this to make better strategic decisions about MADEIRA and its products and services so that it can improve the way it markets and provides products to you as an individual and to MADEIRA’s customer base generally, in particular by delivering content and services which are customised and relevant. MADEIRA may also use online usage information to administer and improve the function and content of the MADEIRA Websites and the Madeira App including to ensure that content is presented in the most effective manner for you and your device and browser, to allow you to participate in interactive features when you choose to do so and to keep our online services safe and secure.
• Disclosure of your information
  • Our companies: Information held by MADEIRA may be used by our companies for the purposes set out in this policy.
  • MADEIRA suppliers and sub-contractors: MADEIRA may share your information with suppliers and sub-contractors from time-to-time in order that they can process it on MADEIRA’s behalf for the purposes set out in this privacy policy. However, where we do so we will put in place suitable measures in order to protect your information. These third parties may include: (i) call centre providers; (ii) IT service providers (such as hosting providers); (iii) mailing houses; (iv) delivery services; (v) analytics and search engine providers; (vi) credit reference agencies; and/or (vii) payment processing companies.
  • Disclosures for legal reasons: MADEIRA may also disclose the information it holds about you to those persons that have a reasonable need to know such information, if it believes in good faith that this is necessary to: (i) establish, exercise or enforce its legal rights, including contractual rights; (ii) to defend itself against a legal claim; (iii) report a crime or prevent a crime (for example theft); (iv) prevent harm to any individual or any property (including intellectual property, for example if you misuse images or videos or any other content MADEIRA makes available to you); or (iv) to prevent fraud (for example, payment card fraud) or for credit risk reduction.
  • Business transfer: If MADEIRA sells or buys any business or assets, your personal data may be disclosed to the prospective seller or buyer of such business or assets so that they can carry out due diligence in respect of the sale or purchase, but only if MADEIRA has taken reasonable steps to ensure the security and confidentiality of that information. If MADEIRA (or substantially all of its assets) is acquired by a third party, personal data held about customer's or users of its goods, products or services will be one of the transferred assets.
• How long do we keep your information?MADEIRA stores:
  • its financial transactions with you for at least six years in order to comply with its obligations to maintain adequate accounting records;
  • its contracts with you for at least six years so that it has appropriate evidence in place if there is a claim for breach of contract made within the statutory limitation periods;
  • job applications for up to six months in case other suitable opportunities arise;
  • your account information until you close or delete your account/profile (at which point we would also delete any information from other companies or market research which we have appended to your account/profile);
  • any market research we have undertaken (and which is not appended to your user account) for 3 years;
  • any other information you post online for 3 years if it is on MADEIRA Websites; and
  • online usage information for 3 years. If any information falls into more than one category then the longer storage period will apply.
• Your rightsYou have the right under applicable data protection laws to access information held about you and you can do so by contacting us using the details provided below in this policy. Your right of access can be exercised in accordance with applicable data protection laws. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.You have several rights under applicable data protection laws, which we’ve summarised below. These rights can be exercised by contacting MADEIRA using the details given below in this policy.You have the right to:
  • ask us not to process your personal data for direct marketing purposes;
  • request access to personal information held about you and a copy of it;
  • obtain, without undue delay, the rectification of inaccurate or incomplete personal data;
  • obtain, without undue delay, erasure of your personal data in certain circumstances, for example if MADEIRA’s processing of your personal data is no longer necessary for the purpose for which we collected it;
  • restrict the processing of your personal data in certain circumstances rather than having it erased;
  • object to the processing of, personal data in certain circumstances, for example, where MADEIRA’s processes personal data for legitimate purposes but you do not feel that your interests or fundamental rights and freedoms have been protected;
  • receive personal data, which you have provided to MADEIRA, in a structured, commonly-used and machine-readable format and transmit that personal data to another data controller, or have MADEIRA do so on your behalf where technically feasible;
  • be informed about any use of your personal data to make automated decisions about you, and to obtain meaningful information about the logic involved, as well as the significance and the envisaged consequences of this processing; and
  • lodge a complaint about the way in which your personal data is being used to a supervisory authority.ChildrenOur business, products and services we provide from time-to-time are not specifically targeted at children. However we would therefore ask that parents and guardians supervise their children when they are online and that children under 18 do not submit personal information or content to MADEIRA, make purchases of MADEIRA goods, products or services, or take part in MADEIRA promotions or competitions, without the consent of their parent or guardian.How you can contact usIf you would like to contact MADEIRA about this policy or any of the legal rights outlined in it, you can email us at info@madeiralondon.co.uk or write to MADEIRA at Unit 1-2 Linford Street London SW8 4UN.Changes to our privacy policy
  Privacy PolicyAny changes we make to this privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this privacy policy.This privacy policy was updated in April 2022.

MADEIRA Cookies Policy
We want your experience with Madeira’s to be simple and easy. To ensure that you can make full use of our online services, your computer, tablet, or mobile device will need to enable cookies. If cookies aren't enabled on your device, it may limit your experience on our website and will mean that we will not be able to recognise you or remember your settings and preferences.
Data protection is of upmost importance to us at Madeira, so our cookies simply aim to make it easier for you, whilst allowing us to ensure that we can personalise your experience on our site.
What are Cookies and why do we use them?
Cookies allow us to recognise you as a unique customer to Madeira’s and provide us with information about how you use our website. Cookies are commonly used on the Internet and do not harm your device in any way, in fact they can make your experience even better.
What categories of cookies do we use?
Required Cookies: These cookies are essential to enable you to move around the website and use their features, such as accessing secure areas of the website. Without these cookies, services like enabling appropriate content based on your type of device cannot be provided.
Performance Cookies: These cookies collect information about how visitors use the website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the website work.
Functionality Cookies: These cookies allow the website to remember choices you make (such as your language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts, and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
Advertising Cookies: These cookies are used to deliver advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. For example, we use third party companies such as Google to provide you with more personalised adverts when visiting other websites.
How to control cookies:
You may change your cookie preferences at any time by accessing the Cookie Preferences.
You may also set your browser to block all cookies or to indicate when a cookie is being set, although our services may not function properly if your cookies are disabled. To find out how to control or disable cookies within most browsers, consult the "Help" section of your browser or device or visit www.allaboutcookies.org.
We use Google Analytics to understand how visitors engage with our sites and apps. This means that when you visit our website or use one of our mobile applications your browser automatically sends certain information to Google. This includes, for example, the web address of the page that you're visiting and your IP address. You will find the details of how the Google technology collects and processes data following this link https://www.google.com/policies/privacy/partners/. If you don’t want the Google Analytics to be used in your browser, you can install the Google Analytics browser add-on visit http://tools.google.com/dlpage/gaoptout