the raw chocolate company's terms of business
 
  TERMS AND CONDITIONS

Changes to the site: We reserve the right to make changes to this site, the disclaimers and these terms and conditions at any time.

General

1. The owner of this web site is The Raw Chocolate Company Limited (‘therawchocolatecompany.com’/‘we’/‘us’/‘our’). Registration number 5841237.
2. Your contract for purchases made through the Site is with therawchocolatecompany.com (The Raw Chocolate Company Limited).
3. You agree that e-mail can be used as a long-distance means of communication.
4. No contract for the sale of any product will subsist between you and therawchocolatecompany.com unless and until therawchocolatecompany.com accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time therawchocolatecompany.com sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by therawchocolatecompany.com of your offer to buy goods from therawchocolatecompany.com.
5. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
6. therawchocolatecompany.com will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
7. You undertake that all details you provide to therawchocolatecompany.com for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
8. If there are any changes to the details supplied by you it is your responsibility to inform therawchocolatecompany.com as soon as possible.
9. You may cancel your order at any time. We can accept cancellations by email to more@therawchocolatecompany.com or by post (please phone or email us for our address) or by telephoning during normal office hours. You may withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
1. sending the notice of cancellation by email to more @therawchocolatecompany.com ensuring that you quote your name, address and order reference number; or
2. where you have already received the goods, returning the goods to therawchocolatecompany.com unopened together with the original invoice. therawchocolatecompany.com will refund you the purchase price of the goods.
10. Once therawchocolatecompany.com receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to therawchocolatecompany.com from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by therawchocolatecompany.com in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to therawchocolatecompany.com.

Liability

11. This section applies only to the extent permitted by law. For the avoidance of doubt, therawchocolatecompany.com do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from therawchocolatecompany.com’s negligence or wilful default, or that of therawchocolatecompany.com's employees, agents or subcontractors or (b) fraudulent misrepresentation.
12. Therawchocolatecompany.com does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
13. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
14. Therawchocolatecompany.com will do its best to correct errors and omissions as quickly as POSSIBLE after being notified of them.
15. TO THE FULLEST EXTENT PERMITTED BY LAW, THERAWCHOCOLATECOMPANY.COM IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THERAWCHOCOLATECOMPANY.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
16. You and therawchocolatecompany.com will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
17. Accordingly, therawchocolatecompany.com do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from therawchocolatecompany.com.

Processing of orders

18. All prices include sales taxes (where applicable) and shipping unless otherwise stated.
19. Therawchocolatecompany.com aims to arrange shipment of all ‘in stock’ items
within 72 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable. Therawchocolatecompany.com is not able to supply dates our suppliers may get an item in stock.
20. Our standard Returns Policy applies to all purchases from therawchocolatecompany.com.

Delivery/title/risk

21. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
22. Any product ordered will pass to you once therawchocolatecompany.com has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
23. If your delivery address is outside of the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; therawchocolatecompany.com advises each customer to contact their local customs office for further information.
24. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
25. For Christmas Deliveries, we recommend that you order by the 10th December. We will endeavour to dispatch all ‘in stock’ orders within 72 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

Miscellaneous

26. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
27. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
28. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
29. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
30. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
31. Subject to the licence granted to you to use the Site, therawchocolatecompany.com reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of therawchocolatecompany.com and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in therawchocolatecompany.com and its affiliates, as appropriate.
32. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
33. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
1. you fail to make any payment to us when due;
2. you breach the terms of this Agreement (repeatedly or otherwise);
3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
34. Therawchocolatecompany.com may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following therawchocolatecompany.com’s posting of any changes will constitute your acceptance of such changes.
35. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between therawchocolatecompany.com and you relating to your purchase. Therawchocolatecompany.com advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by therawchocolatecompany.com. We will store a copy of the contract entered into by you with therawchocolatecompany.com. You are advised to read (and are responsible for reading) fully all information on this website.
36. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
37. These Terms are subject to the laws and exclusive jurisdiction of the United Kingdom.