Chocolate Umbrella Terms & Conditions

These Terms and Conditions apply to the entire contents of this Website under the domain name “www.chocolateumbrella.co.uk”, “www.chocolateumbrella.co.uk” (and all other versions of published via Our approved set of third party Websites partners) (the “Website”) and to any correspondence between Us and You. Please read these Term and Conditions and the Privacy Policy carefully before using this Website. Using this Website indicates that You accept these Terms and Conditions and the Privacy Policy. If You do not accept these Terms and Conditions and the Privacy Policy, do not use this Website.

 

DEFINITIONS

“Force Majeure”: Includes but is not limited to any act, event, non-happening, omission or accident beyond reasonable control and includes in particular (without limitation) the following strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, volcano eruption, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.

“Product(s)” meaning, sweets and chocolates as provided by Us.

“You/Your” meaning You the customer.

“We/Us/Our”, meaning The Chocolate Umbrella, whose trading address and address for service is 42 High Street, West Malling, Kent, ME19 6QR

 

  1. PRODUCTS

Product and packaging are subject to change or substitution without prior notice. If necessary We will substitute for an equal or higher priced item.  As the majority of Our orders are time critical and We may not have time to contact You about these changes. If time is available We will attempt to contact You.

Although We always have fresh supplies of all our truffles, it may be that on the odd occasion a particular truffle or praline is not immediately available. If this is the case, We will contact You to suggest an alternative.

Our party bags and cake pictures are intended to portray an idea of a cake that can be made specifically for You, and therefore no two cakes are exactly the same.  In this instance, although We can guarantee that the cake(s) are the exact value and quality, we cannot ensure that the cake will look exactly like any of the pictures on Our Website.

The pictures of the Product(s) are a visual indication only and not exact representations of the Product(s).

 

  1. DELIVERY

Please allow 2 to 3 working days for delivery for the UK only.  For all overseas delivery please see current Website delivery costs.

If You would like Your order delivered on a particular day, please specify this when You make Your order and We will do our utmost to fulfil Your requirement. Please note for large orders such as wedding favours We will need at least 5 working days’ notice before the delivery date.

Each item is sent by Hermes recorded delivery and will need to be signed for.

If no-one is available to accept delivery during normal working hours, a card will be left by Hermes advising that they tried to deliver and details of how to collect or arrange re-delivery.

We are unable to accept liability if delivery cannot be carried out on the day that the item was expected or if the Product(s) are not stored correctly during their transit to the delivery addresses or Royal Mail depots, or if they are left in delivery vehicles during hot Weather conditions.

We cannot accept responsibility for Weather conditions or excessive over-handling once the Product(s) has left Our control so please consider the delivery arrangements when ordering during hot weather conditions

We will deliver the products ordered by You to the address You give Us for delivery at the time You make Your order. It is Your responsibility to provide Us with accurate delivery address details. We will not check or verify addresses supplied by You.

You will become the owner of the products You have ordered when they have been delivered to You. Once products have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.

Whilst every effort is made to meet the delivery date, We are not liable for late delivery.

If due to a Force Majeure the delivery is delayed the Product(s) delivery time shall be extended until after the Force Majeure has ceased.

 

  1. DELIVERY MESSAGE

If We are asked to dispatch a Product(s) with a message and We feel at our sole discretion it is inappropriate, profound, offensive, blasphemous or obscene or may cause offence to the recipient, We reserve the right not to include it. However, We shall include the name of the sender on the delivery message.

 

  1. PRICE

The prices payable for Our Product(s) that You order are as set out in Our Website.

You will be required to pay extra for delivery and it might not be possible for Us to deliver to some locations.

Our delivery charges are set out on Our Website during the order process.

 

  1. PAYMENT

Payments can be made via cash and/or most UK accepted credit/debit cards. 

All credit card orders are confirmed prior to delivery dispatch, please ensure that the details You provide to Us are correct.

We require You to supply the registered address of the credit/debit card holder which is used to validate Your order with Your credit/debit card company. We cannot accept responsibility for an order being delayed due to 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 (£).

If You are ordering from outside the UK, the appropriate exchange rate will apply and additional delivery charges.

Our Website contains a large number of Product(s) 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 prior to the acceptance of the order. 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 product(s) to You at an incorrect (lower) price, even after We have sent You an order preparation confirmation, if the pricing error is obvious and unmistakable and could reasonably have been recognised by You as a mispricing.

We must receive payment of the whole of the price for the Product(s) that You order before Your 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 in Your order form. Our acceptance of Your order brings into existence a legally binding contract between Us and You.

For business, Wedding favours, corporate purchasers and Ladies evenings with orders of over £100 net of VAT, We may, at our discretion, allow such customers to make payment after receiving an invoice from Us, subject to a 25% deposit of the total cost of the order.

We do not store credit card details nor do we share customer details with any 3rd parties

 

  1. VAT

All prices include VAT at the appropriate rate. If You are eligible to reclaim this sales tax, on request We can supply You with a VAT receipt.

 

  1. CONSUMER PROTECTION

In the unlikely event that Your payment card is used fraudulently to make a purchase with Us, You are entitled to cancel the payment(s). If payment has already been made, You are entitled in accordance with the Consumer Protection Distance Selling Regulation (2000), to a re-credit or to have all sums returned to You by the card issuer.

 

  1. ALLERGY INFORMATION

All Our products may contain nut traces or may have been prepared in an environment where there may have been nuts.

You shall disclose to Us all Your known allergies, including but not limited to nuts, gluten, wheat, milk and gelatine. 

You shall disclose to Us whether for religious or other reasons You cannot eat a certain product.

We do not accept any responsibility or liability if You do not disclose the information required in this clause 8 when purchasing for either yourself or a third party.

 

  1. RE-SALE

You are not permitted to remove the The Chocolate Umbrella labels and packaging.  You are not permitted to sell, must not offer for sale or re-sell any of Our Product(s).

 

  1. OFFERS

Any offers We make are designed to be used independently, and are not available in conjunction with any other offer.  Any offer is only available whilst stocks last. We reserve the right to remove any offer at any time.

 

  1. RIGHT FOR YOU TO CANCEL YOUR CONTRACT

You may cancel Your order with Us for the Product(s) You ordered at any time up to the end of the eighth day from the date You receive the ordered products. You do not need to give Us any reason for cancelling.  You will need to return the Product(s) to Our address, including the following details:

  • Your Order Number or Billing Address (including Postcode)
  • The Damaged Items
  • The Packer's Number (this is hand written on the top right hand side of the address label)
  • The Address You wish the replacement to be sent to
  • The date You required the delivery
  • This right of cancellation shall not apply to business or corporate purchasers who must have a lawful reason for cancellation.

Once You have notified Us that You are cancelling Your order, any sum debited to Us from Your credit/debit card will be re-credited to Your account as soon as possible and in any event within 30 days of Your order.

If You are a business or corporate purchaser and have lawfully cancelled Your order but have not paid by credit/debit card You will be refunded by cheque as soon as possible and in any event within 30 days of Your order.

 

  1. RETURN OF PRODUCT(S)

We can guarantee that the Product(s) are dispatched in perfect condition and We are sure that You will be delighted with the Product(s) You receive. However, in the event that You do not receive the Product(s) in the same condition that they were dispatched, you must notify us verbally within 24 hours of receipt of the Product and explain the reasons for your dissatisfaction.  Please then return the complete item, along with a note of the reasons for the return to Us and ensure You obtain and keep a proof of posting. We will assess the claim, and where appropriate, arrange for an immediate replacement or refund accordingly within 14 days of Our receipt of the original Product(s).

 

You will need to return the Product(s) to Our address, including the following details:

  • Your Order Number or Billing Address (including Postcode)
  • The Damaged Items
  • The Packer's Number (this is hand written on the top right hand side of the address label)
  • The Address You wish the replacement to be sent to
  •  The date You required the delivery
  • Except for where any problems can be clearly established as Our initial liability, all refunds will be for the purchase cost of the product and will not include the original p&p fee or Your costs to return the product.  No claim lies for injury to feelings or distress. Nothing herein affects statutory rights or liability for injury or death.

 

  1. CANCELLATION BY US

We reserve the right to cancel the contract between You and Us if:
 

    • We have insufficient stock to deliver the Product(s) You have ordered. If this is the case, We will contact You to advise of an availability date or to offer You a substitute product(s);
    • We do not deliver to Your area; or
    • One or more of the Product(s) You ordered was listed at an incorrect price due to a typographical error.

 

If We do cancel Your contract We will notify You by e-mail and will re-credit to Your account any sum deducted by Us from Your credit/debit card as soon as possible but in any event within 30 days of Your order.

If You are a business or corporate purchaser but have not paid by credit card You will be refunded by cheque as soon as possible and in any event within 30 days of Your order.

Except for where any problems can be clearly established as Our initial liability, all refunds will be for the purchase cost of the product and will not include the original p&p fee or Your costs to return the product.  No claim lies for injury to feelings or distress. Nothing herein affects statutory rights or liability for injury or death.

 

  1. LIABILITY

If the products We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity, or if You do not receive the products ordered, We shall have no liability to You other than as set out below.

If You notify a problem to us under this clause, our only obligation will be:

  • to make good any shortage of Product(s) or non-delivery;
  • to supply and deliver substitute Product(s) if Your original choice cannot be delivered for any reason;
  • to replace any Product(s) that are damaged or defective; or
  • to refund to You the amount paid by You for the Product(s) in question in whatever way We choose.

Save as set out in law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to us under this condition and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Product(s) in question.

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the Website or Your downloading of any material from the Website or any Websites linked to the Website.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain products to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products You purchase.

Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights You might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from our negligence.

  1. INSURANCE

We have fully comprehensive and current Public Liability Insurance to the value of £1m.

 

  1. YOUR USE OF THIS WEBSITE

You may not use the Website for any of the following purposes:

disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;

transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;

interfering with any other person’s use or enjoyment of the Website; or

making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission.

You will be responsible for our losses and costs resulting from Your breach of this clause 16.

 

  1. INTELLECTUAL PROPERTY RIGHTS            

Unless otherwise stated, the copyright, logo, database right and other intellectual property rights in all material (including without limitation the Website, database, design, text, photographs, graphical images and layout) are owned by Us or Our licensors and is protected by international copyright, authors’ rights and database right laws.  The compilation of all content is the exclusive property of Us and Our affiliates and is protected by United Kingdom and international copyright and database right laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without Our written consent

 

  1. WARRANTY

You warrant and indemnify Us that You are legally capable of entering into these Terms and Conditions; You are at least 18 years old; You are the authorised credit/debit card holder; the details You provide to Us are correct / complete (and You agree to inform Us immediately of any changes).

Any breach of these warranties triggers immediate termination by Us hereof without any refund

 

  1. LIMITATION OF LIABILITY 

We (on behalf of Ourselves, any of Our group companies and Our  officers, directors or employees) exclude all liability and responsibility for any amount or kind of loss /damage that may result to You or a third party in negligence/ other torts, contract or otherwise.

Loss /damage includes, without limitation, any direct, indirect, punitive or consequential loss or damages; any loss of income, revenue, business, anticipated savings, profits, data, wasted management/ office time, goodwill, data, contracts, use of money.

Nothing herein shall exclude or limit the Our liability for death/ personal injury caused by Our negligence (as such term is defined by the Unfair Contract Terms Act 1977);  Our fraud or any liability which We cannot exclude or limit under applicable law.

 

  1. WAIVER 

A waiver by Us of any default shall not constitute a waiver of any subsequent default. 

No waiver by Us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing as expressed herein. 

 

  1. NOTICES 

All notices given by You to Us must be given to Abbey Arcade, 98 High Street, West Malling, Kent, ME19 6NX. We may give notice to You at either the e-mail or postal address You provide to Us. Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. 

 

  1. ASSIGNMENT 

We may transfer, assign, charge, sub-contract our rights and obligations under these Terms and Conditions at any time during the term of this agreement, and this will not affect Your rights.

You may not assign, transfer, charge or sub-contract any of Your rights or obligations under these Terms and Conditions including but not limited to any third party or parent company.

 

  1. THIRD-PARTY RIGHTS

These benefits cannot be transferred or assigned by You to anyone else without Our prior written agreement

 

  1. ENTIRE AGREEMENT 

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Both parties acknowledge that, in entering into this agreement, neither parties has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between either parties prior to such contract except as expressly stated in these Terms and Conditions.

If any provision contained in these Terms and Conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

 

  1. HEADINGS

The headings used in these Terms and Conditions are for convenience only and do not affect the meaning of the Terms and Conditions.

 

  1. GOVERNING LAW AND JURISDICTION 

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.