Enjoy Raw Chocolate Ltd, Terms of Sale
Please read through the following Terms of Sale (“Terms”) carefully. They comprise the terms on which you are permitted to purchase items from Enjoy Raw Chocolate Ltd (“us”, “our” and “we”) on this website (the “Website”). If you submit an order for any of the products (“Products” and each a “Product”) advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms.
Formation of contract of sale
1. If you wish to purchase any of the Products for sale on this Website, you must submit a completed order form (your “Order”) on this Website. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the products you have ordered to you in accordance with the confirmation and with these terms.
2. The sale and purchase of products via this Website will be governed by a contract between you and us formed when you have placed your order, it has been accepted by us and we have sent you confirmation of this (the ‘Contract’). Please note that, as soon as we confirm acceptance of your order, it will enter our electronic system and we will be unable to prevent the products so ordered being dispatched to you.
3. The terms of the contract will comprise:
a. these Terms, as amended or updated by us from time to time; and
b. the prices (subject to clause 9 hereof) and other relevant information about products published by us on this website at the time the contract is formed.
4. We reserve the right to change these Terms at our discretion, and will ensure that any changes will be posted to this website. It is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the website after that time.
5. You acknowledge and agree that, in entering into a contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the contract or not) which is not expressly set out or referred to in the contract. This is not intended to limit or exclude liability for fraud on our part.
6. We reserve the right to refuse to sell products to you, at our discretion.
Orders and quotes
7. You acknowledge and agree that:
a. all information and specifications relating to the products and any material produced by us and posted on this website are approximate only;
b. we may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this website without any liability;
c. we may make any changes in the specification of products we consider appropriate in order to conform with any applicable safety or other statutory or European Union requirements which do not materially affect the quality of such products.
Right of withdrawal
8. Where you purchase products on this website for personal use and not for resale:
a. subject as stated below, you have the right to withdraw from the contract at any time from the date on which we send you our confirmation until 7 working days (being any days other than a Saturday, Sunday or other public holiday in England) after the day you receive the products you ordered by giving us written notice of withdrawal by email or post;
b. you will be responsible for, and will pay the cost of, returning the said products to us by the same method as they were delivered to you, and such return will be at your risk;
c. you cannot withdraw from the contract where the products in respect of which you wish to withdraw have been removed from the sealed packaging in which they were delivered;
d. if you withdraw from the contract pursuant to this clause 8, we will credit your credit or debit card as appropriate for the price of the relevant products as set out in clause 16 below, provided that the Products are returned to us in the condition they were in when delivered to you.
9. The price of each product shall be the price that is quoted for that product on this website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on this website in respect of that product.
10. Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) only one discount can be used against each product, and this website will automatically apply the most advantageous discount to you, provided you enter all discounts to which you are entitled on the order form.
11. The price of any product quoted on this website:
a. is inclusive of any applicable Value Added Tax; but
b. excludes the costs of postage, packaging and delivery to the delivery address you specify in your order and we acknowledge in our confirmation (the “Premises”), which costs are as specified on this website on the date of your order and are payable by you in addition to the product price.
12. The method of delivery and packaging applicable to the contract will be those quoted on this Website on the date of your order.
13. We reserve the right to revise any prices or costs shown on this website at any time without notice.
14. Credit card and debit card payments will be processed on the date on which your order is placed.
15. The credit cards and debit cards that we will accept for payment purposes are those listed on this Website on the date on which we accept your order.
16. Any refund made pursuant to these terms will be a refund of the price actually paid by you for the relevant product and, except where specifically provided otherwise, will not include a refund of any postage, packaging or similar costs. For the avoidance of doubt, if you purchase a product at a discount, we will only refund you the discounted price.
17. The time and method for delivery of products purchased by you will be at our discretion and the place of delivery will be the premises. Time for delivery shall not be of the essence.
18. If the products delivered to you do not include all of the products that are the subject of the applicable contract or include incorrect products, you must inform us in writing within 14 working days from the date of their delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the products not delivered or to the cost of replacing such products, whichever is less.
Risk and ownership
19. Risk of damage or loss of products sold by us to you shall pass to you on their delivery in accordance with these terms or, if you fail to take delivery of the products, at the time when we or our agents have tried to deliver them.
20. Title in such products shall pass to you on delivery or, if you fail to take delivery of the products, at the time when we or our agents tried to deliver them.
21. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to products) used in or in respect of Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
22. Other than as stated in clause 23 below, we do not grant you any permission to use the Intellectual Property and any such use may constitute an infringement of our or our licensors’ rights.
23. All website design, text and graphics appearing on this website and the selection or arrangement thereof are our or of our licensors’ copyright. Permission is granted to you to print once, in hard copy, portions of this website for the sole purpose of placing an order or using this website as a shopping resource. Any other use by you of materials on this website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
24. If you are unhappy with any product you purchase on this website for any reason, you may return it to us in its original condition within 14 working days and we will provide a refund in accordance with clause 16 above. If the reason for the return is the result of our error, or if the product was damaged before it reached you, we will also refund the reasonable postage costs incurred by you in returning it to us.
25. We shall not be liable in respect of any defect in products purchased by you arising from fair wear and tear or from neglect, failure to follow our instructions, misuse or improper alteration thereof.
26. Nothing in these terms shall exclude or limit our liability arising by virtue of the Consumer Rights Act 2015 ( the “2015 Act”), or our liability for fraud or for death or personal injury caused by our negligence or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
27. Where the products are sold under a contract covered by Part 1 of the 2015 Act, your statutory rights are not affected by these terms.
28. Save as expressly provided in these terms, and except where products are sold to a person dealing as a consumer (as defined in the 2015 Act), all products are sold on an “as is” basis and all warranties conditions terms and liabilities expressed or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
29. We will not be liable for any of the following losses which may arise by reason of any breach of a contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:
a. any loss of anticipated profits or expected future business;
b. damage to reputation or goodwill; or
c. any damages costs or expenses payable by you to any third party; or
d. loss of any order or contract; or
e. any loss that was not foreseeable by you and us at the time the contract was formed; or
f. any loss not caused by any breach of the contract on our part.
30. Without prejudice to any other provision of these terms, we will not be in breach of the contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause 30 does not affect your statutory rights.
31. We are providing this website on an “as is” basis and we make no representations or warranties of any kind with respect to this website or its contents and disclaim all such representations and warranties.
Withdrawal and use of products
32. We may withdraw from the market any products that we produce or generally supply without prior notice, or liability, to you.
33. If we provide you with information about the use for which the products are designed and about any conditions necessary to ensure that the products will be safe, then you must use the products accordingly and we will not be liable for the consequences of any failure on your part to do so.
34. Any notice required or other communication under these terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other postal or email address that we notify to you from time to time, whether on this website or otherwise. Any notice or other communication to you will be sent to the premises or to the last email address supplied by you to us prior to its submission.
35. Any notice:
a. if sent by post, shall be sent by pre-paid first class post to the party to whom it is given, and shall be deemed to be delivered on the second working day after posting;
b. if sent by email, shall be sent to the recipient's email address, and shall be deemed to be delivered three hours after the date and time given for submission on the sender's email account.
36. If any of these terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part, the validity of:
a. the other provisions of these terms; and
b. any remainder of the term in question;
shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
38. Each contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
39. Any failure or neglect by either party to enforce at any time any of these terms shall not constitute a waiver of that party's rights, and shall not affect the validity of the whole or any part of these terms or of the contract or prejudice that party's rights thereunder.
40. Nothing in these terms is intended to confer on any third party any benefit or any right to enforce any of these terms.