These terms and conditions relate to goods which you offer to purchase from The Chocolate Manor online store (“our/this website”). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to e-mail us at firstname.lastname@example.org or phone us at +44(0)7919332843.
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 5 (limitation of liability) and 6 (indemnity).
You must be 18 years or older to register for the Service. By clicking on the “I accept” button, you confirm to us that you are at least 18 years of age.
These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
In these terms and conditions:-
2.1 “Commencement Date” means the date when our agreement with you is concluded (see clause 3.3);
2.2 “Confirmation Form” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
2.3 “Consumer” means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession;
2.4 “Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us;
2.5 “Goods” means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
2.6 “we/us/our” refers to The Chocolate Manor a sole tradership having our place of business at Unit 25 Sperrin Business Park, Ballycastle Road, Coleraine, BT51 3GR.
2.7 “you/yours” refers to you, the person offering to purchase goods from us.
Your Agreement with Us
3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
Payment can be made using paypal and will be debited when we have accepted your offer to purchase.
All prices are quoted in £sterling and include VAT where applicable.
Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
We are legally obliged to perform the contract with you within 30 days of receipt of your order if we do not your money will be refunded.
We aim to give your chocolates that personal touch but we do reserve the right to reject printed messages if they are deemed to contain offensive language, are defamatory or discriminatory in nature. The Chocolate Manor and its staff will not be held responsible or liable for any offence caused by any printed messages we are asked to create.
4.2 Corporate Orders
This section only applies if you are placing an order on behalf of a business.
If you are purchasing products from our site on behalf of a business, you confirm that you have the authority to bind that business. These terms and conditions (and all documents referred to in them) constitute the entire agreement between you and us and supersedes all previous agreements, whether written or oral, relating to its subject matter. In entering into a contract with us, you acknowledge that you do not rely on any statement or representation that is not set out in these terms or documents referred to in these terms. Neither of us will have any claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.
We only supply our products to you for internal use and you agree not to use the product for re-sale purposes. Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the products and any representative, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring that the products are suitable for your purposes.
We will under no circumstances be liable to you for loss of profits, sales, business, revenue, business opportunity, anticipated savings, goodwill or any indirect or consequential loss. Nothing in these conditions limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law.
Subject to the above paragraph, our total liability to you in respect of all losses arising in connection with the contract (whether in contract, tort (including negligence), breach of statutory duty or otherwise) will not exceed 100% of the price of the products.
We reserve the right to amend delivery charges where necessary for corporate orders placed via the website, as the website delivery options are for consumer orders which do not exceed standard delivery costs. Additional costs will apply where a large number of items are ordered or where delivery to multiple addresses is requested.
Delivery Details and Returns Policy
5.1 Delivery – UK & Ireland
All deliveries are subject to stock availability and authorisation of your payment.
We shall endeavour to despatch the Goods you have offered to purchase within 5 working days after we receive your offer – for stock items, unless stated otherwise in the product description. Personalised goods – eg the personalised bars will be despatched within 10 days after we receive your order. If there are any delays we will notify you of such delay as soon as possible.
We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify an alternative address such as a workplace, university or friend/family address at checkout.
Delivery and handling costs are advised at checkout.
Your order will be delivered to you during office hours (9-5pm), Monday to Friday by Royal Mail or courier. We are unfortunately unable to specify the time at which the goods will be delivered to you.
For some orders, a signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you. We are legally obliged to perform the contract with you within 30 days of receipt of your order. If we do not your money will be refunded.
Deliveries to the rest of the world
At present we deliver only to UK & Ireland.
5.2 Returns Policy
We hope you’re happy with your Chocolate Manor purchase. We strive to deliver the delicious chocolate to you in perfect condition and on time. If, however, your chocolate does not arrive within the time frame agreed or are damaged or not as described, we’re more than happy to offer a refund or replacement in accordance with the following information:
Should you wish to return any non-personalised items you bought for any reason, we will be happy to refund or exchange a product provided it is in fully resalable condition. Replacements can only be made within 28 days of receipt of goods. If a refund is necessary, it will only be issued to the sender’s paypal account i.e. the paypal details used to purchase the goods in the first instance; and will not be made until goods are returned. The costs of returning goods to us shall be borne by you. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post.
To return your item by post:
Pack up the chocolate carefully in the original packaging and a secure outer wrapper and send back clearly addressed to: Returns – The Chocolate Manor, Unit 25 Sperrin Business Park, Ballycastle Road, Coleraine, BT51 3GR.
Personalised Items: Damage and delay are the only situations where we can offer a refund or replacement for personalised items. For these items, you do not otherwise have a right to cancel your order or any contract between us and we are not otherwise able to offer refunds or allow for a return of those items, in accordance with the Consumer Contract Regulations 2013.
By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind, or if you have made a spelling mistake on your order and it has been created and despatched to you.
You should get a certificate of posting from the Post Office just in case your parcel goes missing, as we can’t help you if this happens.
We will refund your original purchase price. Sorry, but we don’t refund the charge made for the initial delivery to you, and you need to pay the postage to send the parcel back to us.
6 Payment Options
We accept the payment via paypal only.
Our prices in the UK & Ireland include VAT where applicable.
8 Security & Data Protection
8.1 Data Protection
We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
8.2 Our Data Protection Policy
We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.
Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.
No personal data about customers will be passed to any third party, except to fulfil the delivery of the goods to you.
Your privacy and confidence will be respected at all times.
8.3 What Information is collected about you and how is it used?
When you place an order we need to collect your name, address, e-mail and telephone number. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.
This information may be provided to third party service providers for the purpose of processng your offer to purchase the goods.
We may use your e-mail address to provide you with information on products, services, promotions and special offers unless you have indicated that you do not wish to receive such emails by checking the box on the ‘Checkout page’.
8.4 Third parties
We will not sell or pass your details to third party organisations except for the purpose of processing your offer to purchase the goods.
By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
Cookies are small pieces of information that are sent from your browser to our web server.
On this web site, cookies are used to keep track of the items you place in your shopping basket. These cookies expire after 2 days.
We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.
You will need to ensure your cookies are enabled to allow you to purchase from our site.
The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the payment process.
8.8 Subject Access Request
On your written request, we will (within 40 days of such a request being received by us) supply to you details of the personal information which we hold about you. You must explain to us clearly the information you require to be supplied: we are not obliged to supply to you information which is not specifically requested by you.
Under the terms of the Data Protection Acts, we are entitled to charge you £10.00 for the provision of information following our receipt of such a request.
Once we have received your written request and payment of the fee, we will respond to your request within 40 days.
You should note that, under certain circumstances, we will not be obliged to disclose the requested information to you, in which case we will explain to you the reasons for our refusal.
9 Distance Selling Regulations
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, but is summarised in the Confirmation Email.
10 Right to Cancel this Agreement
Under the Distance Selling Regulations, you have seven working days from the Commencement Date (“the cooling-off period”) in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us.
If you wish to cancel the Agreement, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below.
On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not re-imburse you for this.
You should return such Goods to us as follows:- The Chocolate Manor, Unit 25 Sperrin Business Park, Ballycastle Road, Coleraine, BT51 3GR.
Goods must be adequately sealed in the original packaging. Please note that Royal Mail or equivalent may reject any package that is not adequately wrapped;
- Contact us by email: email@example.com or by phone: +44(0)7919332843 with details of the delivery package, this will ensure that you receive your refund or replacement goods promptly;
- please make sure that you have addressed the package clearly with the above address. Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
11 Limitation of Liability
IMPORTANT: THIS CLAUSE 11 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
11.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Regulations, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
11.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
11.3 To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
11.4 We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
11.5 All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
11.6 Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
11.7 No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
11.8 Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
IMPORTANT: IN THIS CLAUSE 12 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
13 Website Content
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
14 Contact Details
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on +44(0)7919332843, or e-mail us at firstname.lastname@example.org or write to us at The Chocolate Manor, Unit 25 Sperrin Business Park, Ballycastle Road, Coleraine, BT51 3GR.
We shall respond to any communication received by us as quickly as we can.
15 Law and Jurisdiction
These conditions and any contract incorporating them shall be governed by and construed in all respects in accordance with the laws of Northern Ireland.