Terms and Conditions
When you purchase any items through our website you will be contracting with Chocolat A Toi, a sole propietary business, which owns and runs the website www.chocolatatoi.com. Chocolat A Toi is referred to in these terms and conditions as “we” “us” or “our”.Registered office: 42 Terrace Road, United Kingdom Email address: firstname.lastname@example.org Telephone number: +44 (0)2032862243
WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE: This website is managed by Chocolat A Toi. These Terms and Conditions(the “Terms”) apply to the entire contents of this website (the “Website”) and to any correspondence by email between Chocolat A Toi (the “Company”) and you. Please read the Terms carefully before using the Website. Your use of the Website indicates your unconditional agreement that you accept the Terms in effect at the time of usage regardless of whether or not you choose to register with the Website. If you do not accept the Terms, you should not use the Website.
1.1 Any reference in the Terms to “we” or “us” or “our” is a reference to the Company and any reference to “you”or “your” is a reference to any user of the Website and, where relevant, the recipient of any Product or Servicefrom the Website as defined hereunder.
1.2 The services (“Services”) available via the Website shall include, without limit:
1.2.1 A contact form (compiled from information provided by you);
1.2.2 the online purchasing of certain Products
1.2.3 Sample services;and
1.2.4 certain prize draws and competitions.
1.3 The products (“Products”) available via the Website shall include, without limit:
1.3.1 personalised chocolate bars;
1.3.2 Gift Hampers and boxes
1.4 You may access most areas of the Website without registering your details with us. Certain benefits of the Website are only accessible if you register.
1.5 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept the Terms in full, you must leave the Website immediately.
1.6 We may alter all or any part of the Terms (including without limit the Products and Services which are available from the Website) at any time without notice to you. These Terms should be reviewed by you on aregular basis as your continued use of the Website after any alterations are made by us will mean that you aredeemed to accept the Terms as modified by the relevant alterations made.
2.1 In order to provide the Services and Products available through the Website, we will hold certain personal information relating to you. We have obligations in relation to your personal information under the DataProtection Act 1998.
2.2 By providing personal information, you agree to us using this information for the operation of the Website and the provision of the Services and the Products to you.
2.3 Where you provide information about other people (for example their name, date of birth or address) you also confirm that you have the consent of these people to provide us with that information.
2.4 Any personal information that we collect from you will be used solely for the purposes of operating theWebsite and providing the Services and Products to you.
2.5 The personal information that you provide is securely stored and all personal information, transmissions that provide payment or account details are encrypted.
2.6 We will not disclose your information to any outside organisation except as part of the operation of the Website and/or the provision of the Services and Products to you or where we are legally obliged to do so.
2.7 The accuracy of your personal information is dependant upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
2.8 We reserve the right from time to time to notify you (via SMS, email and post) of other products and services or invite you to events that may be of interest to you. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further information notices.
3 Intellectual Property Rights
3.1 You are permitted to print and download extracts from the Website for your own personal use only and subject to the following conditions:
3.1.1 no document(s) or related graphic(s) on the Website are modified in any way;
3.1.2 no graphic(s) on the Website is used separately from the corresponding text; and
3.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors and any use of extracts from the Website other than in accordance with clause 3.1 for any purpose is prohibited.Where you breach any part of the Terms, your permission to use the Website shall automatically terminate and you must immediately destroy any extracts you have downloaded from the Website.
3.2.1 With Photo chocolates the original photographer of the image, or any such other third party image as used by the customer, will remain the copyright of the customer. It is the customer responsibility to ensure that any image used but not owned by the customer has the permission of the owner to use the image. Chocolat A Toi will not be held responsible for any copyright infringement by the customer.
3.3 Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.4 Any rights not expressly granted in these Terms are reserved for the sole and exclusive benefit of the Company.
4 Website Access and Availability
4.1 Access to and use of the Website shall be provided by us in accordance with the Terms.
4.2 We shall endeavour to ensure that access to and use of the Website is available 24 hours a day however access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.
5 Website Visitor Material and Conduct
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence,in breach of privacy or which may cause annoyance or inconvenience;
5.2.2 for which you have not obtained all necessary licences and/or approvals;
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civilliability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses,worms, harmful components, corrupted data or other malicious software of harmful data).
5.3 You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person’s use and enjoyment of the Website.
5.4 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us.
5.5 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 5.2 or clause 5.3.
6 Hyperlinks to Third Party Websites
6.1 The Website may include hyperlinks to third party websites which are provided solely for your convenience and which, if used by you shall result in you leaving the Website. If you decide to access any third partywebsite(s) with hyperlinks on the Website, you do so entirely at your own risk.
6.2 We do not review any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including without limitation their content or availability. We therefore do not endorse or make any representations about third party websites, any material found on them or any results that may be obtained from using them.
7 Website Registration
7.1 Certain areas of the Website will require you to register your personal details. In order to register with the Website, you must be over eighteen (18) years of age.
7.2 After registering, you will be given immediate access to register your personal reminders which is providedas part of the Services. If you wish to return to your reminders at any time to make an alteration or to add morereminders, you will be asked to enter your email address and password.
7.3 Each registration is for a single user only. We do not permit you to share your user name and password withany other person nor with multiple users on any network.
7.4 Responsibility for the security of any password(s) issued by us rests solely with you.
7.5 You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
8 Prize Draws and Competitions
8.1 The Website may from time to time operate prize draws and competitions on the Website. Unless otherwise specified by us, registered users of the Website shall be automatically eligible for entry into any prize draw orcompetition operated on the Website and no purchase from the Website shall be necessary.
8.2 Prize draws and competitions shall be open to anyone over the age of eighteen (18) who is a permanent resident in the United Kingdom
8.3 Winners will be drawn within seven (7) days of the closing date of the relevant prize draw or competition,and all winners will be notified by e-mail.
8.4 Winners have seven (7) days from receipt of an email from us pursuant to clause 8.3 to respond and accepttheir prize(s) failing which they shall be disqualified and an alternate winner will be drawn in which case the notification procedure set out in clauses 8.2 and8.3 shall be repeated.
8.5 The likelihood of winning a prize in any prize draw or competition on the Website shall depend on the number of eligible entries received. Certain competitions may require skill in their method of entry in which case the relevant details will be explained in the particular rules of that competition and shall be in addition and shall not supersede or replace these Terms in any way unless expressly stated otherwise by us.
8.6 By entering a prize draw or competition, entrants unconditionally agree to:
8.6.1 waive any right to claim any ambiguity or error in the rules of any prize draw or competition or in the operation of any prize draw or competition itself; and
8.6.2 be bound by these Terms and by all determination(s) made by us in respect of any prize draw or competition, which determination shall be binding and final.
8.7 All winning entrants in any prize draw or competition are solely responsible for the payment of all and any taxes and/or licenses and or other fees that may apply to the prizes they receive.
8.8 Unless otherwise stated, where any advertised prize in a prize draw or competition is not available for any reason whatsoever, we reserve the right to substitute such prize with an approximate cash equivalent, asdetermined in our absolute discretion.
9.1 We shall endeavour to ensure that description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary to the actual Product provided and, for the avoidance of doubt, shall not form part of any contract with us.
9.2 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive of UK VAT but exclusive of all postage, handling and other delivery charges, which shall be shown separatelywhen any Product(s) are being purchased from the Website.
9.3 If price(s) of any Product displayed on the Website are incorrect, you will be contacted by us and given the option to either
(a) cancel your order for the relevant Product only or
(b) complete your order for the relevant Product at the correct price.
9.4 We will endeavour to deliver all orders for Products within the timescale selected at the time of purchase.However we cannot be held responsible for postal delays once the Product(s) have been despatched by us fordelivery.
9.5 Any Product(s) purchased from the Website which you consider defective must be returned to us at your own expense and within seven (7) days of receipt. In the event that the relevant defect is found to have beencaused by us (as determined in our absolute discretion) we shall, in our sole discretion, either:
9.5.1 repair the Product(s) at our own expense;
9.5.2 supply replacement Product(s) free of charge; or
9.5.3 reimburse the price paid for the relevant Product(s) to the credit or debit card used to purchase the goods
For the avoidance of doubt, we cannot be held responsible for Products which are damaged in transit.
9.6 All complaints relating to any Products purchased from the Website should be made in writing within seven (7) days of receipt. We will endeavour to resolve any complaint within fourteen (14) days or receipt of a complaint letter but shall have no obligation to do so.
10 Disclaimer of warranties
10.1 Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in Website, at any time and withoutnotice. The material on the Website may be out of date, and we make no commitment to update such material.
11 Governing Law and Jurisdiction
11.1 The Terms shall be governed by and construed in accordance with English law. Disputes arising inconnection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
12.1 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub clauses of these Terms shall not be affected and they shall remain in full force and effect.
13.1 All other communications should be provided to Chocolat A Toi on Tel: 0203 286 2243 Email: email@example.com Post: 42 Terrace Road Walton-on-Thames, Surrey KT12 2SE
14 International Shipping (Non UK)
Please be aware that you are responsible for shipping costs regardless of whether you actually receive your package. We cannot be responsible for any tariffs, customs restrictions, or other regulations that apply in countries outside the UK. We encourage you to speak with your customs office if you have any questions. You are responsible for any duties or taxes that may apply to the shipment of any products to your country. By law, we are obligated to report the exact amount of the sale on the Customs form. As a customer, you are responsible to comply with International, National or local laws regulating importation of products that you may purchase. It is entirely your responsibility to NOT order items that are illegal to import into your country. There is usually not an importation problem, but occasionally they occur. The risk is yours. You will be responsible for the entire package cost if it is seized and we do not get it back.
If for any reason the package is seized by Customs Officials, we will not issue you a refund unless all products are returned to us in their original condition. If the package is returned to us by Customs Officials, you are still responsible for any shipping charges.
If an order is refused delivery by customs due to unauthorized ingredients or contents, Chocolat A Toi is not to be held responsible for any losses or costs incurred by the customer. If the shipment is abandoned the customer will not receive a refund or credit of any kind. If in any case we received a return of any shipment refused by customs authorities of any country, Chocolat A Toi will credit the customer for the value of the unopened and un-tampered products purchased. No refund on shipping charges incurred for the return of the shipment or shipping charges sending the product.
Once the order has been shipped, you are responsible for paying for the order, plus shipping costs.
By ordering, you agree to be bound by these terms.
Customers orders are shipped by Royal Mail or DHL for all overseas customers. Charges are based on destination. Customers are responsible for all exported content. It is the consumers responsibility to know the laws and regulations for importing products into their country. Customers are responsible for any losses. Chocolat A Toi does not guarantee successful delivery due to import/export laws & regulations that the consumer is responsible for. It is the consumers sole responsibility to only order what is legal for sale in their country. Receiver is responsible for any and all duty and/or VAT.