1. Basis of Contract
1.1 Any reference to "Web Site" is to a Web Site owned and operated by Chocolates for Chocoholics Ltd. "We, Us, Our, Ourselves" means Chocolates for Chocoholics Ltd. "You, Your, Yourself" means the person who uses Our Web Site. "Goods" means the Goods available for purchase on Our Web Site and ordered from Us by You.
1.2 These terms and conditions shall govern the use of Our Web Site and the purchase of Goods to the exclusion of any other terms and conditions.
1.3 These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to You.
1.4 No variation to these terms and conditions shall be binding on Us unless agreed in writing between You and one of Our employees.
1.5 Our employees and/or agents are not authorised to make any representations or warranties concerning Our Web Site and/or the Goods unless confirmed by Us in writing.
1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.
1.7 We may modify these Terms and Conditions at any time and as a result there may be occasions when these Terms and Conditions or Our Website is unavailable. Any changes shall become effective on posting to Our Website. Your continued use of Our Web Site shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You.
2.1 We shall have the right to refuse to accept any orders placed for Goods.
2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract.
2.3 No order for Goods shall be deemed accepted by Us until We send an order confirmation to You.
2.4 Goods are subject to availability and due to the seasonal nature of Our business, some Goods may not be in stock at the time of Your order. We aim to inform You of the availability of Goods by displaying such information on the Web Site when You browse the Goods. However, if the information is displayed incorrectly and We are unable to supply You with the Goods due to the fact that they are out of stock, We will attempt to inform You by e-mail or telephone, as soon as possible. You will be given the option of (i) choosing other goods from our range or (ii) cancelling Your affected order and obtaining a full refund if We have already received payment from You for the cancelled Goods.
2.5 We use our reasonable care in compiling Our Website and the details available on it. The details are provided on an "as is" basis and we do not give any warranty express or implied as to the nature or accuracy of the details on Our Website. Nor do we accept any liability for any loss incurred as a result of any inaccuracy of the details. On the rare occasion that there is an inaccuracy , We will advise You about it as soon as possible.
2.6 Please note that any details and/or specifications of the Goods produced by Us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph depending on Your monitor display.
3.1 We will not accept orders for the Goods from anyone under the age of 18 years. By using the Website and/or placing orders for the Goods, You confirm that You are aged 18 years or over.
4. Cancellation of Order prior to despatch
4.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.
4.2 You have the right to cancel the contract for the purchase of Goods before any goods are despatched to you.
4.3 The ability to cancel orders does not apply to Goods which have been received damaged , tampered with and/or otherwise used.
5.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control.
5.2 You shall have no right to reject Goods and no right to rescind the Contract for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 21 days in which to do so and the notice has not been complied with.
5.3 We shall not be required to fulfill orders for Goods in the sequence in which they are placed. We will also only deliver orders if all of the Goods in an order are available. We are not required to deliver orders in instalments.
5.4 Delivery can only be made to mainland UK. All deliveries will be made within 7 - 10 days after date of completed order. No orders will be considered as complete until full payment and cleared funds are received by Chocolates for Chocoholics Ltd.
6. Price and Payment
6.1 The price You pay is the price displayed in respect of the relevant Goods on this Web Site at the time We receive Your order plus the applicable delivery charges.
6.2 Delivery charges and prices are subject to change.
6.3 All prices are inclusive of VAT (where applicable) at the current rate.
6.4 While We try and ensure that all prices on Our Web Site are accurate, errors may occur. If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If we cancel an order due to an error in price and We have already received payment for the Goods, You will receive a full refund.
6.5 Payment is due at the time You place Your order. [We use a third party, Sagepay, to take Your payment for the Goods by either debit or credit card. By ordering Goods from Our Web Site You are giving Us Your consent to pass details essential for purchasing Goods to Sagepay. We will not store these payment details and Sagepay will.]
7. Property and Risk
7.1 Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided to Us by You.
8.1 If You discover the Goods are faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
8.2 We may ask You to return the Goods to Us or we may arrange for the goods to be collected from Your possession. We may also ask you to email us a photograph to show us the the damage/error.
8.3 If We agree with You that the Goods are faulty, and that the fault was not caused by Your neglect or misuse of the Goods, We will, at Your choice, replace or refund the faulty Goods at no cost to You. Where we select you to return the goods to us we will refund any reasonable costs You prove that You have incurred in returning the faulty Goods to Us. We recommend that You keep postal receipts for this purpose.
8.4 If We send You incorrect Goods, You must notify Us as soon as You discover the mistake and within a reasonable period of time.
8.5 We will either:
a) arrange for Our carrier to collect the Goods from You; or
b) ask You to return the Goods to Us by post; and send You the correct items as soon as possible after receipt of the returned Goods.
c) Any costs incurred will be refunded for the delivery back of the incorrect goods.
Cancellation of order
8.6 Your rights under the Distance Selling Regulations (2000) mean that you are entitled to cancel your order at any time prior to it being despatched. You can also cancel your order for any non food items within seven days of receipt and return them for a full refund. The items must be unopened and returned in perfect condition and whilst we will refund your purchase price, and any relevant outward postage, the postage cost of returning items will be your responsibility. Please note that all items containing chocolate are perishable goods and as such are exempt from the regulations.
Once it has been produced and paid for it is not possible to cancel an order for personalised items that have been specially produced for you.
9. Data Protection
9.1 We are committed to protecting your privacy and any information supplied to Us by You will be stored in accordance with the Data Protection Legislation. We shall only store personal information, we do not store credit card details nor do we share customer details with any 3rd parties
9.2 On accessing Our Web Site, We may collect information which is not personally identifiable such as type of internet browser, domain name, and which pages of Our Website are most frequently used.
10.1 We shall have no liability to You for any loss of profits, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable at the time You entered into this Contract.
10.2 Nothing in this Contract shall exclude or limit Our liability for death or personal injury due to Our negligence, or fraud
10.3 We do not guarantee that Our Web Site will be compatible with Your PC, and We accept no liability for any corruption or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of Our Web Site.
11.1 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
11.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
11.4 All third party rights are excluded and no third party shall have any right to enforce this Agreement.
11.5 The laws of England and Wales shall govern the contract between Us and any dispute between Us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
11.6 Chocolates for Chocoholics Ltd is a limited company whose registered offices are at Wakefield House HA5 5PW and who operate at the address shown on our Contact Us page. Company number 2515682.