Terms & Conditions - Chocolate by Design
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Terms & Conditions

At Chocolate By Design we want to ensure you are pleasantly pleased, not only with our delicious chocolate but also with our fantastic customer service. We also want to ensure we bring you our great products and service in the right way, so below are our terms and conditions which apply when you are ordering products from our website and which we regularly update in line with legal requirements.
Don’t worry, the conditions do not affect your legal or statutory rights – you can find out more information about your rights from your local Citizens Advice Bureau or Trading Standards office.
We make sure that we handle any personal information you provide to us in accordance with the Data Protection Act 1998. If you’d like even more info on this we have a separate section on Our Privacy Policy so please take a look at that.
Any documents or links which we refer to in these terms and conditions form part of these terms. Please read these terms and conditions carefully and check you understand them before ordering products from our site. By ordering any of our products, you agree to be bound be these terms and conditions (including our privacy policy, delivery information and terms and conditions relating to promotions.)
We may change these conditions from time to time to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. Each time you order products from us, you should check these terms and conditions to make sure you understand what terms will apply to our contract with you at that time.
These terms and any contract between us will only be in the English language.

Contact Details

Chocolate By Design is the trading name of A&C Chocolates Ltd. (a company registered in England and Wales with registration number 10818645) whose registered office and main trading office is at 21 Packers Row, Chesterfield, S40 1RE. If you need to contact us, or wish to make a complaint, please use our contact form, call our shop on 01246 234 900 or email us at info@chocolate-by-design.co.uk.

Products

All products shown on our site are subject to availability. If the product you have ordered is not available, we may substitute your product for a substantially similar product of equal or higher value. However, if the main characteristics of the goods are different to the goods ordered, we will give you the option to reconfirm or cancel your order.
If we are unable to supply you with a product because of an error in the price on our site, we will inform you of this by email and we will not process your order.
The images of the products on our site are for illustrative purposes only and your products may vary slightly from those images.
All products shown have a shelf life of 6 months or more.

Our Contract with You

These terms and conditions will apply to any contract between us for the sale of products to you. To place an order on our site for a particular product, please click “Add to basket”. You can then click on the basket icon at the top of the page and follow the steps (including providing payment and delivery information) to complete your order. Our order process allows you to check and amend any errors before submitting your order to us.
After placing an order, you will receive an email from us acknowledging the contents and any personalisation of your order. However, *please note that this does not mean that your order has been accepted. Your order will only be accepted by us (and a contract formed) when we dispatch the products to you*. We will send you an email confirming that the products have been dispatched.

Online Pricing

Where possible, we try to offer the same discounts and promotions you would find in our shop; however, we also offer a number of online exclusive offers which will not be available in our shop. If you have any queries about our offers, please call our shop on 01246 234900. Please note we are open Mondays, Tuesdays, Thursdays, Fridays and Saturdays 10:00 while 16:00. We are closed Wednesdays and Sundays.

Delivery

We use a number of couriers, including Royal Mail in order to provide the highest possible level of service, wherever you are and whatever your specific requirements. Post & packing prices are based on orders to UK mainland addresses only. Full valid postcodes are required for every order. We will not send any orders without one. If you provide an incorrect address, including the postcode, we do not accept any responsibility for a failure of an order to arrive or any costs involved in redirecting that order. We strive to dispatch orders the next working day if ordered before 13:00 the day before. However, orders may take up to 5 days to be dispatched during busy periods. We will keep you informed on the delivery process via email.

Delivery will be completed when we deliver the products to the address you gave us and the products will be at your risk and responsibility from completion of delivery. You own the products once we have received payment in full, including all applicable delivery charges.
*IMPORTANT: Customers ordering the products which state COLLECTION ONLY will need to collect personally as certain items are too delicate to deliver. *

Cancellation, Refunds and Returns

We strive to deliver the delicious chocolates you have bought from us to you in perfect condition and on time. If, however, your chocolates do not arrive within the time frame you paid for or are damaged or not as described, we’re more than happy to offer a refund or replacement in accordance with the following paragraphs.
If we miss the agreed delivery date for any goods, you may cancel your order straight away if (a) we have refused to deliver the goods or (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or (c) you told us before the contract was made that delivery by the agreed delivery date was essential. If you do not wish to cancel your order straight away (or do not have the right to do so in the circumstances set out above), you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet this deadline. If you do choose to cancel your order for late delivery in the circumstances set out in this paragraph:

  • you can do so for just some of the goods or all of them, unless splitting them up would significantly reduce their value;
  • if any of the goods have been delivered to you, you will have to return them to us and we will pay the reasonable costs of this; and
  • after you cancel your order we will refund any sums you have paid to us for the cancelled goods and their delivery.

You must return the goods to us without delay and in any event not later than 14 calendar days after the day on which you let us know that you wish to cancel the contract. Please return the goods to;

21 Packers Row, Chesterfield, S401RE

The easiest way to cancel a contract is to send an email to info@chocolate-by-design.co.uk. Your cancellation is effective from the date you send us the email.
We will process your refund as soon as possible and in any case within 14 calendar days after the day on which we receive the goods back, or if earlier, within 14 calendar days after the day on which you provide evidence of having sent the goods back. If you have not received the goods from us before cancelling the contract, we will make any refunds due to you within 14 days after you inform us of your decision to cancel the contract.
We will refund the price of the products in full, plus any applicable delivery charges you paid to the credit card or debit card that you made payment with. Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling in a way which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
You will be responsible for the cost of returning the products to us, unless the products are damaged or there is a delay in delivery, in which case we will reimburse you for any reasonable costs you incur in returning the products to us (and will also reimburse you in full for the price of the products, together with any applicable delivery charges).

Age Restriction

We take a very responsible approach when it comes to selling alcohol so products containing bottled alcohol are only available for purchase or supply to persons over the age of 18 in accordance with legal requirements. You will be asked to confirm this during the order process by entering your date of birth. We perform an instant online identity verification check to confirm you are over 18. If this check is unable to confirm you are over 18, we will look to contact you to verify your details – this forms part of our contract of sale. We will not be able to dispatch your order until we have been able to speak with you to verify your details. If you are underage, please do not attempt to order alcohol products on the site.

Personal Messages

Chocolate By Design offer a personalisation service in which you can choose to have your product written on in chocolate. We do reserve the right to reject messages if they are deemed to contain offensive language, are defamatory in nature or it could be misinterpreted by the wider community or viewed as inappropriate. Chocolate By Design and associated writers will not be held responsible or liable for any offence caused by any messages we are asked to write. If you think that, in the case of your particular message, we are being too strict, please email us on info@chocolate-by-design.co.uk and let us know. We will look into each such case individually in order to reach a satisfactory solution.

Pricing and Payment

We accept payment by Visa, American Express, MasterCard and Maestro. All orders are positively credit card sanctioned prior to dispatch, so please ensure that the details you provide us with are correct. We require you to supply the registered address of the credit card holder which is used to validate your order with your credit card company. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.
The total value of your order will be displayed on the order confirmation screen. The displayed price is the amount in pounds sterling. We do not accept payment from outside the UK or in any other currency.
Prices for our products are as quoted on our site and may change from time to time, but changes will not affect any order after we have dispatched the products relating to that order. The price of our products does not include delivery charges, which are quoted on our site from time to time.
Our Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If a product’s correct price is higher than the price stated on our website we may at our discretion reject your order without liability to you and notify you of such rejection. We are under no obligation to supply products to you at an incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a pricing error.

VAT Receipt

All prices include VAT at the appropriate rate, (currently 20%).

Corporate Orders

This section only applies if you are placing an order on behalf of a business.
For business orders please contact us via email: info@chocolate-by-design.co.uk or telephone: 01246234900 to place your order.

Our liability

This section only applies if you are a consumer. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or contemplated by you and us at the time when we entered into the contract.
We only supply the products for domestic and private use. You agree not to use the products for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a contract that is genuinely caused by an event out of our reasonable control.

Other Important Terms

We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms. Any contract is between you and us and no other person shall have any rights to enforce any of its terms.
If any part of these terms and conditions is unenforceable, the enforceability of any other part of these terms and conditions shall not be affected.
These terms and any contract we enter into are governed by English law. If you are a consumer, the courts of England and Wales will have non-exclusive jurisdiction to settle any claim or dispute arising in connection with a contract. For business users, the courts of England and Wales will have exclusive jurisdiction.

OUR PRIVACY PROMISE

We take your privacy very seriously and are committed to providing users with an Internet experience that respects your privacy. When you make a purchase, we need to collect certain information to process your transaction and fulfill your order, you can be confident we will not disclose your details to anybody unless required by law to do so or unless you have explicitly forbidden us to do so. We do not store or share credit card information with third parties. We do not hold your credit card details online once the order has been completed. Our web site links to other sites. Please be aware that we are not responsible for the privacy practices of these other sites.

SECURITY

If you pay by credit or debit card, your details are handled by us on a secure server using PayPal’s encryption. While it is impossible for any web site to be completely impregnable to fraud, our system of a secure server and Verisign encryption offers a good level of security that You can be confident with.

Your Account Information

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner

Only selected products can be shipped by courier or post. All delicate products are available for click and collection from our Chesterfield store. Dismiss