Terms & Conditions
Terms and conditions for the supply of goods through a website - business to consumer.
At Choc on Choc we are committed to providing an excellent service. If you have sent, or indeed received a gift with which you are not entirely happy, please contact us with your comments; we need to know if we can improve, and will do all we can to put it right for you. We endeavour to respond to all complaints within 24 hours.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. No order is accepted by Choc on Choc until the order has been checked & approved. If there is a problem we will e-mail you within three working days
2 Our right to refuse your order
2.1 We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
2.1.1 we have insufficient stock to deliver the goods you have ordered;
2.1.2 we do not deliver to your area; or
2.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2.2 If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered
3.1 The prices payable for goods that you order are as set out in our website.
3.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3.3 We take payment at the time of order, not necessarily the time of despatch. This is to ensure there are no last minute hitches to getting your gift delivered on time.
3.4 Any offers we make are designed to be used independently, and are not available in conjunction with any other offer.
4 Right for you to cancel your contract
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the day after the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing.
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
4.5 If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 5 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.4 We reserve the right to edit any message that contains offensive and/or inappropriate content.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, then (except where you are dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977) we shall have no liability to you unless you notify us in writing at our contact address of the problem on delivery of the goods in question, with appropriate evidence where neccesary.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, then we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition then at your option we will either:
6.2.1 make good any shortage or non-delivery;
6.2.2 replace or repair any goods that are damaged or defective; or
6.2.3 refund to you the amount paid by you for the goods in question in whatever way we choose.
and we shall have no further liability to you.
6.3 Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to us via email to: firstname.lastname@example.org or by post to Choc on Choc, High Street, Rode, Bath, BA11 6PA.
All notices from us to you will be displayed on our website from to time.
8 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected to the extent that they are capable of continuing in force without the unenforceable term or condition.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13 Entire agreement
13.1 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
13.2 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
14 Promotion Code Terms & Conditions
14.1.Promotional codes entitle you, at the time of ordering, to a saving on a new order placed with choconchoc.co.uk
14.2.Promotion codes are only valid for orders placed online and are for one usage only.
14.3.Choc on Choc reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
14.4.Promotion codes are only valid for a limited period of time. The expiry date will be publicised with the relevant promotion code.
14.5.Only one promotion code can be used per person, per order.
14.6.Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale items or other discounted items.
14.7.In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied, less any shipping costs charged on the original order.
14.8.In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return - you should place a new order using the original promotional code.
14.10.In the event of any returns meaning that the order no longer qualifies for the promotion advertised, Choc on Choc reserves the right to deduct the value of the offer from the refund.
14.11.Choc on Choc reserves the right to change these Terms and Conditions at any time.
14.12.Choc on Choc reserves the right to terminate the validity of any promotional code at any time.
15 Image rights agreement
If you engage with our social media accounts via Twitter, Instagram and Facebook, we might ask if we are able to use your imagery across the website, Social media channels and retailer’s websites. If we like your image and we know others will benefit from seeing it, we want to make sure you know exactly how we intend to use it. By replying to our comment or email with #chocyes and by giving us your permission, you represent and warrant that you own the image and there are no other entities or ownership claims over it.
You grant Choc on Choc a non-exclusive and non-revocable commercial right to produce the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later development and without restriction or limitation. You agree that your image may be used by Choc on Choc either alone or in conjunction with sketches, cartoons, captions, films, artwork, textural matter or other photographs. While Choc on Choc will make commercially reasonable efforts to give you credit for your photo and provide a link back to your social media account, you agree that such credit is not mandatory and your permission for us to use your image is not contingent upon such credit being given. You waive any right to inspect and/ or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or finished work. Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extend alone, be deemed omitted, and the remainder of this permission to use image agreement shall be governed by the laws of New York. If you don’t agree to these terms, we completely understand and no further action is required. We are thrilled to see Choc on Choc as part of your page and look forward to seeing any new photos you post as well. Thanks again and please email us at email@example.com if you have any questions.