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Terms and Conditions


Privacy and Cookie Policy

Introduction

This document sets out what you can expect of us regarding how we use and look after your user information. In it, we seek to abide by the letter and spirit of the guidelines laid out by the UK Information Commissioner’s Office in the document ‘Privacy Notes – Code of Practice’.

We will never share your user information with third parties for promotional purposes.

 

Who We Are

More formally, we are the Chocolate Smiths Limited. We are a company registered in England and Wales with Company number 09312663 and our registered address is at Verdemar House, 230 Park View, Whitley Bay, England, NE26 3QR.

If you have any concerns about the way we use your information or any questions about this Privacy Policy, please let us know.  We can be contacted via email at steffi@thechocolatesmiths.com, or by writing to the address above.

What we do with your information

Information submitted to the Chocolate Smiths will be processed to:

  • Permit us to deliver our products to you;

  • Provide you with updates on our products and other information that we feel may be of interest to you; and,

  • Continually improve our service offering and user experience.

We compile statistics about user trends on our website, which are used by third party organisations to understand how users interact with businesses, brands, and one another online. These statistics are drawn from a dataset which does not contain any information from which you can be identified.

What user information we would like you to give us and how long we will keep it

We will ask you to provide your name and your address in order for us to deliver our products to you. When registering with us we will keep your data for a reasonable time following delivery of your most recent order, after which point your data will be deleted permanently.

Where we hold your information

The information and content held on our website is deployed geographically to maximise user experience. All information that could identify individuals within the European Union is stored exclusively within the European Union.

We hold our data on Wix, who are contracted by use for the provision of technical services. We remain responsible at all times for the security of your information, but if you want to know more about how we interact with Wix, you can view their Privacy Policy, amongst their other policies here http://www.wix.com/about/privacy.

What we do to ensure the security of your personal information

We take the security of your personal data very seriously. Our approach to information security is constantly evolving and continually reviewed.

We have adopted industry best practices from both technological and business process perspectives in order to make securing your data a key part of the way we do business.

Your rights regarding your personal information

We will contact you with updates about the products and services that we offer.

You can opt in or out at any time by clicking the ‘Unsubscribe’ link in our emails.

If you would like us to stop using your information at any time, or would like to view any information that we hold about you please contact us via email at steffi@thechocolatesmiths.com

Our Cookie Policy

As part of our overall approach to privacy and transparency, this section describes what cookies are in the context of our web and mobile interfaces, and what their use means to you. At the end, we've included some links to help you research cookies and their impact, and how you can use your web browser to control the way it manages cookies.

What are cookies?

According to Wikipedia:

"A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is usually a small piece of data sent from a website and stored in a user’s web browser while a user is browsing a website. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user's previous activity. [1] Cookies were designed to be a reliable mechanism for websites to remember the state of the website or activity the user had taken in the past."

(used under licence: http://creativecommons.org/licenses/by-sa/3.0/)

What cookies do we use?

In this section, we explain what cookies are used in the overall service we provide to our users, and how you can switch off cookies via a setting in your browser.

Our use of cookies:

We use cookies to record when you've logged into our service (either via web or mobile) so you don't have to keep logging in for each new page; we also use our own cookies to recognise who you are when you return to our platform in a new visit.

These cookies are an essential part of how our platform operates, and they greatly improve your user experience.  Ironically, the banner that you saw the first time you looked at the website alerting you to the use of cookies makes use of a cookie itself, that would not be required were it not for the European Directive on the use of cookies.

These cookies are only used by us, and the information they contain is not shared with anyone else.

 

List of services we use which use their own cookies:

  • Google Analytics

We use Google Analytics to understand general trends about our content and traffic sources: for example, where users come from, which pages are most popular, which sites provide most traffic, how our marketing efforts impact the amount of visits we receive.

Google's statement about privacy is here: http://www.google.co.uk/intl/en/analytics/privacyoverview.html

  • Twitter button

The Twitter button allows our users to share The Chocolate Smiths products with their followers more easily.

Twitter privacy policy states they use cookies "to collect additional website usage data and to improve our Services" - https://twitter.com/privacy

  • Facebook Connect & Mobile

We use Facebook Connect to allow you to sign up to, and log into, our platform (web & mobile) without having to fill our your details - saving time and effort

Facebook's statement about privacy relating their Connect feature is here http://www.facebook.com/help/?page=229348490415842; and also here http://www.facebook.com/about/privacy/your-info-on-other#anothersite

Consent

In line with the latest advice from the Information Commissioner’s Office, we interpret your continued use of our platform as consent for us to use cookies to capture data about how you interact with our services, and those of other services we use.

 

More information about cookies

Links which provide more information about cookies:

http://www.allaboutcookies.org/

http://www.aboutcookies.org/default.aspx

Link explaining how to switch off cookies in various browsers:

http://www.aboutcookies.org/Default.aspx?page=1

 

Contact the Information Commissioner if there is a problem

If you consider we have not addressed your problem, you can contact the UK Information Commissioner’s Office for assistance. Further information can be found via https://ico.org.uk/for-the-public/raising-concerns/.

Terms and Conditions


These are the terms and conditions upon which the Chocolate Smiths Limited will supply its Goods to you, the Customer. If you want to place an order with us, you will have to check the box at the bottom of our order form to show your acceptance of these terms and conditions. If you do not check this box, you will not be able to place an order through our Website.

1.0 Interpretation


1.1 It makes things a lot easier for both of us, if we define at the outset what certain words mean when you read them in these terms and conditions. This means that for any words listed below, wherever you may read them in these Conditions shall have the following meanings. To make this clear we highlight these With Seemingly Inappropriate Use Of Capital Letters, so there is no need to phone the grammar police if you spot these deliberately capitalised terms!
Business Day: a day other than a Saturday, Sunday or any public holiday in England when banks in London are open for business.
Chocolate Smiths Limited: means us, your supplier of the Goods we have for sale on our Website, often referred to as we, us or our throughout, except where the context indicates to the contrary.  We are a company incorporated in England and Wales under company number 09312663.  Our registered office is at Verdemar House, 230 Park View, Whitley Bay, Tyne & Wear NE26 3QR, England.
Conditions: this set of terms and conditions, which we may tweak from time to time as mentioned in Clause 12 below.
Contract: the contract between us and you for the sale and purchase of our Goods in accordance with these Conditions.
Courier: means Royal Mail, who are engaged by the us for the delivery of the Goods.
Customer: that’s you, the person or the firm named in the Order who purchases the Goods from us.
Delivery Date: has the meaning given to it in clause 4.6
Force Majeure Event: don’t panic, this is explained in straightforward terms in clause 10.
Goods: the goods (or any part of them) set out in the Order.
Order: your order for the Goods, as set out on your purchase order form.
Website: www.thechocolatesmiths.com


1.2 You can take it that when we refer to legislation, we are also referring to all subordinate legislation (rules and regulations) that are set down under or pursuant to that legislation.  Those references also include instances where the original legislation we refer to is replaced by new legislation that does the job of the legislation we referred to.
1.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall means without limitation to what then follows, which is really an example.
1.4 Any reference to writing or written includes emails and other forms of electronic communication.


2.0 Basis of Contract


2.1 These Conditions will govern our Contract with you.  They do not include any terms that are or may have been implied by trade, custom, practice or course of dealing.
2.2 The Order is your offer to purchase our Goods in accordance with these Conditions. It is your responsibility to ensure that the terms of the Order are complete and accurate.
2.3 Your Order is accepted only when we send you a written acceptance of the Order, together with an estimated delivery date.  Once your Order is accepted, the Contract will exist.
2.4 You can amend your order within 24 hours by contacting us at steffi@thechocolatesmiths.com. After that, we may be unable to change the order or there may be charges for the changes you request.
2.5 The Contract will be the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.
2.6 Any samples, drawings, description, or advertising produced by us and any descriptions or illustrations contained in the our catalogues or brochures are created to give you an approximate idea of the Goods described in them. They will not form part of the Contract or have any contractual force.
2.7 The prices we give or display on the Website are not an offer or the final price. Any quotation shall only be valid for a period of 20 Business Days from its date of issue.


3.0 Goods


3.1 The Goods are described in the relevant product list, provided by us at your request or displayed on the Website.
3.2 We may amend the specification of the Goods if the law requires us to do so.


4.0 Delivery


4.1 When you’ve placed an order with us we shall ensure that each delivery of your Goods is accompanied by a delivery note that shows the date of the Order, any relevant reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
4.2 We will arrange the delivery of the Goods to the location set out in the Order or any other location subsequently agreed between us (the “Delivery Location”) at any time before we have notified you that the Goods have been dispatched to the Courier.
4.3 Delivery of the Goods shall be completed when they arrive at your Delivery Location.
4.4 Although we endeavour to deliver on the date outlined to you, any dates quoted for delivery are approximate only.  We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your inadequate instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If we fail to deliver the Goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, minus the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.6 If you fail to take delivery of the Goods within 3 Business Days of us notifying you that the Goods have been dispatched, then, except where such failure or delay is caused by a Force Majeure Event or our failure to comply with its obligations under the Contract delivery of the Goods shall be deemed to have been completed at 5:00 pm on the third Business Day after the day we informed you your Goods had been dispatched. (“Delivery Date”)
4.7 Occasionally we may have to deliver the Goods by instalments.  If so, these will be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.


5.0 Quality and Returns


5.1 We promise, or in legalese we ‘warrant’, that on delivery the Goods shall:
     5.1.1 conform with their description;
     5.1.2 be free from any material defects in design and manufacturing; and,
     5.1.3 conform to any pre-contract information that we may have provided.
5.2 Subject to clause 5.4, if:
     5.2.1 you give us notice in writing within 30 calendar days of delivery that some or all of the                

     Goods do not comply with anything in clause 5.1;

     5.2.2 we are given a reasonable opportunity of examining such Goods; and
     5.2.3you, if asked to do so by us, return such Goods to our place of business (at our cost),
     we shall replace the defective Goods, or refund the price of the defective Goods in full.
5.3 If, under 5.2, you tell us later than the 30 calendar days’ notice required, we may, entirely at our own discretion, decide to replace the defective Goods or refund the price of the defective Goods in full or may take no action at all.
5.4 We are not be liable for the failure of the Goods to comply with the promises set out in clause 5.1 in any of the following events:
     5.4.1 you make any further use of the Goods after you’ve already given us notice under   

     5.2; or
     5.4.2 the defect arises because you failed to follow our oral or written instructions as to the    

     storage of the Goods or (if there are none) good trade practice regarding the same; or
     5.4.3 the defect arises as a result of your wilful damage, negligence, or abnormal storage  

     or working conditions; or
     5.4.4 the Goods differ from their description as a result of changes that we’ve made to   

     ensure they comply with applicable statutory or regulatory requirements.
5.5 Except as provided in this clause 5, we shall have no liability to you in respect of the Goods’ failure to comply with the promises set out in clause 5.1.
5.6 Under legislation you have the right to cancel and return your Order within 14 calendar days of your Delivery Date. If you do cancel and return your Order, we will refund the purchase price you have paid us but we won’t refund any delivery or other charges.   We will refund the purchase price only once we’ve had a chance to check the Goods.  You will pay the cost of returning the Goods to us, though if you are local to us, you can give us a call and arrange a time to drop them in.
5.7 Once the packaging of any item supplied within the Order is opened, you are not entitled to any refund or exchange under 5.6, unless the Goods fail to comply with our promises set out in clause 5.1.
5.8 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.9 These Conditions shall also apply to any replacement Goods supplied by us.
5.10 Any refunds due under clause 5 or 6 of these Conditions shall be made within 14 Business Days of us receiving your product, or of us acknowledging your refund in writing.


6.0 Title and Risk


6.1 In this clause ‘Risk’ means the risk of any loss or damage to the Goods. ‘Title’ means legal ownership of the Goods.
6.2 The Risk in the Goods shall pass to you at the point when the Courier takes possession of the Goods.
6.3 Title to the Goods shall not pass to you until the we receive payment in full (in cash or cleared funds) for the Goods.
6.4 Until Title to the Goods has passed to you, you must:
     6.4.1 store the Goods separately from all other goods held by you so that they remain  

     readily identifiable as our property;
     6.4.2 not remove, deface or obscure any identifying mark or packaging on or relating to the

     Goods;
     6.4.3 maintain the Goods in satisfactory condition and keep them insured against all risks

     for their full price from the date of delivery;
     6.4.4 notify us immediately if it becomes subject to any of the events listed in clause 8.2;

     And

     6.5.5 give us such information relating to the Goods as we may require from time to time.

7.0 Price and Payment

7.1 The price of the Goods shall be the price set out in the Order.
7.2 We may, by giving notice to you at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

     7.2.1 any factor beyond our control (including foreign exchange fluctuations, increases in   

     taxes and duties, and increases in labour, materials and other manufacturing costs); or
     7.2.2 any request by you to change the delivery date(s), quantities or types of Goods     

     ordered; or,
     7.2.3 any delay caused by any instructions from you or your failure to give us adequate or    

     accurate information or instructions.
7.3 The price of the Goods is inclusive of the costs and charges of packaging but exclusive of the delivery of the Goods, which will be specified in the Order, at which point they will be invoiced.  You can find more information on delivery and delivery changes here.
7.4 The price of the Goods quoted or shown online includes value added tax (VAT).
7.5 If you place your order via the Website, you will have to make payment before your order is completed.
7.6 For all other orders you are required to pay your invoice in full and in cleared funds within 14 days of the date of the invoice. Payment shall be made to the bank account which will be given to you alongside your invoice.
7.7 If you fail to make any payment due to us under the Contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 8% per annum above Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. The interest is payable alongside the overdue amount.
7.8 You are required to pay all amounts due under the Contract in full without any deductions of any kind (except for any deduction required by law).


8.0 Termination and Suspension

8.1 If you become subject to any of the events listed in clause 8.2, we may terminate the Contract with immediate effect by giving you written notice.
8.2 For the purposes of clause 8.1, the relevant events are:
     8.2.1 if you suspend, or threaten to suspend, payment of any debts, or if you are unable to

     pay your debts as they fall due or admit an inability to pay your debts. Or if you are a   

     company or limited liability partnership and are deemed unable to pay your debts within the   

     meaning of section 123 of the Insolvency Act 1986. Or you are in a partnership and either

     partner satisfies any of the above criteria;
     8.2.2 if you suspend, threaten to suspend, cease or threaten to cease any or all of a   

     substantial part of your business;
     8.2.3 if your financial position deteriorates to such an extent that you are unable to    

     maintain your obligations under these Conditions;
     8.2.4 (for companies) if you take any step or action in connection with your company

     entering administration, liquidation or any other arrangement with creditors, being wound     

     up, having a receiver appointed over any of your assets or you cease to carry on business.
8.3 Without limiting any of our other rights or remedies, we may suspend further delivery of the Goods under the Contract or any other contract that may have arose between us, if the you becomes subject to any of the events listed in clause 8.2.1 to clause 8.2.4.
8.4 Similarly, we can suspend further delivery if we reasonably believe that you are about to become subject one of to the above in 8.2.1 to 8.2.4, or if you fail to pay any amount due under this Contract on the due date for payment.
8.5 On termination of the Contract for any reason you are required immediately to pay to the outstanding balance on all invoices and any accrued interest.
8.6 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
8.7 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.


 

9.0 Limitation of Liability


9.1 Nothing in these Conditions shall limit or exclude our liability for:
     9.1.1 death or personal injury caused by our negligence, or the negligence of our

     employees or agents; or
     9.1.2 fraud or any fraudulent misrepresentation; or
     9.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (this implies   

     that we have the legal right to sell you the Goods); or
     9.1.4 any defective products we may have unintentionally supplied, as protected under the     

     Consumer Protection Act 1987; or
     9.1.5 any other matter in respect of which it would be unlawful for us to exclude or restrict   

     liability.
9.2 Subject to clause 9.1:
     9.2.1 we shall under no circumstances whatsoever be liable to you, whether in contract,

     tort (including negligence), breach of any legal duty, or otherwise, for any loss of profit, or

     any indirect or consequential loss arising under or in connection with the Contract; and
     9.2.2 Our total liability to you in respect of all other losses arising under or in connection

     with the Contract, whether in contract, tort (including negligence), breach of any legal duty,

     or otherwise, shall in no circumstances exceed the price of the Goods.

10. Force Majeure


10.1 Neither of us shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.
10.2 A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable and includes a number of potential events including;
     10.2.1 strikes, lock-outs or other industrial disputes (whether involving our own workforces

      or a third party's);
     10.2.2 a failure of energy sources or transport network;
     10.2.3 acts of God, war, terrorism, riot, interference by civil or military authorities,

      breakdown of plant or machinery, nuclear, chemical or biological contamination; or
      any other national disasters.


11.0 Assignment


11.1 At any time during the Contract and any subsequent contracts we have the right to transfer, or deal in any other manner we deem appropriate, any or all of our rights or obligations to help us deliver the Contract.
11.2 However, all of your obligations and rights during the Contract and any subsequent contracts, are not transferable and shall remain your responsibility throughout.


12.0 Variation

12.1 Unless we’ve otherwise mentioned it under the Contract, any variation you may wish to make to the Contract can only be done so if it is signed by us in writing.
12.2 Occasionally we may wish to make changes to the Contract for any number of commercial reasons, legal reasons or reasons beyond our control. We don’t not require your consent to make such changes but you will be sent notification of any changes that we may make.


13.0 Waiver

13.1 If either party wishes to give up any right under the Contract, or under law (i.e. makes a ‘waiver’) it can only do so if it is given in writing to the other party however any waiver given shall not be deemed a waiver of any subsequent breach or default.
13.2 If either of us fail or delay to exercise any of our rights or remedies given under these Conditions or under law this shall not be interpreted as either party giving a waiver and such right or remedy shall still exist.


14.0 Severance


14.1 If for any reason the Contract is or becomes invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal and enforceable.
14.2 If such modification is not possible, the relevant part shall be deemed deleted. Any deletion that may be made shall not make the rest of the Contract invalid or unenforceable.
14.3 If either of us give notice of the possibility that any part of this Contract is invalid, illegal or unenforceable, we shall negotiate in good faith to amend such part so that, as amended, it that Contract shall remain valid, legal and enforceable.


15.0 Notices

15.1 Any notice or other communication given to either of us under or in connection with the Contract must be in writing, addressed to that party at its registered office (if you are a company) or your residential address (if you are an individual), or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
15.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after sending.
15.3 The notice requirements laid out by this clause shall not apply to the service of any proceedings or other documents in any legal action.


16.0 Third parties

16.1 A person who is not a party to the Contract shall not have any rights to enforce its terms.

17.0 Governing law


17.1 The Contract, and any dispute or claim arising out of or in connection with it shall be governed exclusively by the law of England and Wales.

18.0 Jurisdiction

18.1 We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation.