Introduction
The following sets out the terms and conditions governing the
supply of goods, services and information on
www.chocolate-workshop.co.uk. The terms and conditions do not
affect your statutory rights as a consumer.
The terms and
conditions
take effect from the first time you use the website
The Chocolate Workshop reserves the right to change the terms and conditions on the site from time to time.
Images of products on the site are for illustrative purposes;
actual products may differ from such images.
About Us
Our full name is The Chocolate Workshop.
Our registered address is
Unit 2 Charmborough Farm, Charlton Road, Holcombe, Somerset BA3
5FX. tel/fax: 01761 239284.
email: dominique@chocolate-workshop.co.uk
VAT Number: 793 913 684
Intellectual Property
You may not distribute (for commercial or other purposes), edit,
modify, re-use or transmit any of the text, images, database or
other content of this website without the express permission of
The Chocolate Workshop.
By accessing and browsing this website you accept these terms
and conditions without limitation or qualification. The use of
this website is expressly subject to these terms and conditions
of use.
Everything on this website is copyrighted and may not be used
without
written permission from The Chocolate Workshop.
Our On-line product range
Our on-line product range is as listed in the Online Shop within
the website.
All of our products may contain nut traces.
Price and payment
Prices for products are quoted on the site in UK pounds
sterling. It is always possible that some of the products listed
on the site may be incorrectly priced. We will verify prices as
part of our sales procedures so that a product’s correct price
will be stated when you pay for the product.
In addition to the price of the products you may have to pay a
delivery charge, which will be stated when you pay for the
product.
The Chocolate Workshop reserve the right to change prices at any
time.
Payment for all products purchased from the website must be made
via PayPal or by other means agreed between us.
The prices on the site include VAT and are liable to change from
time to time, but changes will not affect agreements which have
come into force.
Contract
We must receive full payment for the products that you order via
PayPal or by other means agreed between us before the 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 for your order. Our
acceptance of your order establishes a legally binding contract
between us.
Re-sale
You are not permitted to re-sell any of our products without our
written permission.
Delivery
We will arrange for the goods to be delivered to the address you
give for delivery, normally by Royal Mail Special Delivery (ie
recorded delivery). We cannot accept responsibility for delays
or failure to provide adequate delivery information.
We will normally send your order within 2 working days (Monday
to Friday) from receipt of order, confirm dispatch by email and
inform you of any delay to dispatch by email, for example if the
product is not in stock and then back order for you.
We do however guarantee that unless there are exceptional
circumstances all deliveries of products will be dispatched
within 30 days of the receipt of payment.
We currently only deliver products purchased via the website
within the UK (England, Scotland, Wales and N. Ireland); however
we can send our chocolates to other countries by arrangement.
Please
contact us if this is required.
Risk and Title
The products will be at your risk from the time of delivery.
Ownership of the products will pass to you after we receive full
payment of all the sums due in respect of the products.
Consumer Rights
You may cancel this agreement at any time within 7 working days
after the day you received the Products.
Defective Products
You may also cancel this agreement if the products supplied are
defective upon receipt. Any products returned by you because of
a defect will be refunded in full (including the cost of
returning the products to us). Alternatively, if we and you
agree, we may supply you with a replacement or substitute
product. Defective products must however be returned to us
immediately.
Cancellation by us
We reserve the right to cancel the contract between us if we
have insufficient stock to deliver the products you have
ordered, we do not deliver to your area or one or more of the
products you ordered was listed at an incorrect price due to a
typographical error.
Refund Policy
Your rights to return goods are protected under the EU Distance
Selling Directive. If you or us cancel this agreement and are
entitled to a refund we will process the refund due to you as
soon as possible and in any event within 30 days of the day we
received your notice of cancellation. We will not be obliged to
offer any additional compensation for disappointment suffered.
Warranties
We warrant to you that any product you purchase through the site
will be of satisfactory quality.
You warrant to us that you have full authority, power and
capacity to enter into this agreement and that all necessary
actions have been taken to enable you to lawfully enter into
this agreement; you are legally capable of entering into binding
contracts; you are resident in England, Scotland, Northern
Ireland or Wales; the information in the order is accurate and
you will be able to accept delivery of the products as nothing
in this agreement shall limit or exclude your or our liability
for death or personal injury caused by negligence; under section
12 of the Sale of Goods Act 1979, section 2 of the Supply of
Goods and Services Atc 1982, or section 2(3) of the Consumer
Protection Act 1987; for fraud or fraudulent misrepresentation;
or for any matter for which it would be illegal to limit or
exclude, or attempt to exclude liability.
Subject to this our liability in connection with any product
purchased through our site is strictly limited to the higher of
the purchase price of the relevant product and the replacement
cost of the relevant product; we accept no liability for any
loss of income or revenue, loss of business, loss of profits or
contracts, loss of anticipated savings, loss of data, waste of
management or office time or for any indirect or consequential
loss or damage of any kind however arising and whether caused by
tort (including negligence), breach of contract or otherwise,
even if foreseeable; and we will not be liable or responsible
for any failure to perform, or delay in performance of, any of
our obligations under this agreement caused by events outside
our reasonable control.
This agreement may only be varied with our express written
permission.
We may revise these terms from time to time, but such revisions
will not affect the terms of any agreement which we have entered
into with you.
If any provision of this agreement is held invalid or
unenforceable by a court of competent jurisdiction, the
remaining provisions of this agreement shall remain in full
force and effect and such invalid or unenforceable provisions or
portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this
agreement, whether by conduct or otherwise, in any lone or more
instances, will be deemed to be, or construed as, a further or
continuing waiver of that term, provision or condition or any
other term, provision or condition of this agreement.
You may not assign, charge, sub-contract or otherwise transfer
this agreement, or any of your rights or obligations arising
under this agreement. Any attempt by you to do so shall be null
and void. We may assign, charge, subcontract or otherwise
transfer this agreement, or any of our rights or obligations
arising under this agreement, at any time – providing such
action does not serve to reduce the guarantees benefiting you
under this agreement.
This agreement is made for the benefit of the parties to it and
it is not intended to benefit or be enforceable by any other
person. The right of the parties to terminate, rescind or agree
any amendment, variation, waiver or settlement under this
agreement is not subject to the consent of any person who is not
a party to this agreement.
This agreement contains the complete agreement between the
parties with respect to the subject matter thereof, and
supersedes all prior or contemporaneous agreements or
understandings, whether oral or written.
This agreement will be governed by and interpreted in accordance
with the laws of England and the English courts shall have
exclusive jurisdiction with respect to any dispute arising under
this agreement.
The Chocolate Workshop cannot be held responsible or liable for
any damages to or viruses that may affect your computer
equipment or other property on account of your access to or use
of this website.