Terms & Conditions
This website is operated by Hot Chocolates Ltd. As a user of this website you should ensure that you have read and understood these Terms and Conditions of Sale before ordering any products via our website.
Important information about our products
It is our intention that the terms of the contract between us and you are all contained in:
these Terms and Conditions of Sale;
We intend that the terms of our contract will also include any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us.
Changes to these terms and conditions
We reserve the right to modify, alter or otherwise update these terms and conditions and the content of our web pages (including details of prices, products and offers) at any time.
You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.
Your offer to purchase our products
Orders can be submitted by completing the online order form on our website and clicking on the "SUBMIT" button.
Acknowledgement of your order
Once you have submitted your order to us, we shall endeavour to confirm the details of your order by email within 24 hours. Please note that although this email constitutes notification of receipt of your offer, it does not constitute our acceptance of your order.
Acceptance of your order & formation of our contract
Unless specifically accepted by us as set out below, we will not be bound by any orders submitted by you via this website.
Our contract with you is formed only when we have accepted your order by:
delivering the products you have offered to purchase (in which case the date of formation of the contract is the date on which we attempt to deliver the goods); or
if earlier, sending you notice of our acceptance by email or by post (in which case the date of formation of our contract is the date shown on that notice of acceptance).
All contracts shall be concluded in the English language.
Rejection of your order
It is entirely at our discretion to accept or reject any order submitted by you. Our acceptance of such orders is always subject to authorisation of your payment card, availability of stock at the stated price and confirmation that you have read and accepted these terms and conditions by ticking the relevant box on our "checkout" webpage.
If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.
DELIVERY OF GOODS
Products ordered via this website can only be delivered to addresses in the UK (and such other territories as may be specifically detailed in our website), being the address provided by you in yourorder.
All goods to be delivered within Great Britain, Northern Ireland and the Channel Islands will be sent by first class post or with a signed for service depending on the goods value. Some will be sent by courier if deemed necessary by us. When we are mailing overseas we send the chocolates by an international signed for delivery service. The international signed for service provided by Royal Mail aims to deliver items securely within 5-8 working days. If you go on the RM website and look in the A-Z for "international signed for" it will give you a comprehensive list of details concerning this service. We and they can not guarantee delivery nor can we guarantee delivery in perfect condition. The chocolates are traveling a long way and are subject to other postal services over which we have no control. However, this is the best and most reliable service we can find at the moment to give our customers the opportunity to deliver worldwide. At Hot Chocolates we want to give you the customer the chance to deliver to friends and family wherever they may be, not all websites do this because it does involve an element of risk.
If we accept your order, we shall use reasonable endeavours to deliver the goods you have ordered:
Within 5 working days after we receive your order; or any earlier date agreed with you.
If we agree an alternative later date with you, by that date.
We can only deliver goods to you during normal working hours, on normal working days Monday to Friday. We are unable to specify the exact time or period in the day at which the goods will be delivered to you.
If we anticipate any delay in production, we shall endeavour to notify you of such delay as soon as possible.
If we cannot supply you with the goods you have ordered within 5 working days after we receive your order (or by any later alternative date we have agreed with you), we shall endeavour to inform you accordingly and you shall have the option of either:
Accepting a later delivery date which we propose to you; or
Cancelling your contract with us and accepting a refund of any prepayments which you have made.
Products are transported by Royal Mail, other international mail services and U.K.couriers. We will do our best to ensure all deliveries arrive on time however, Hot Chocolates Ltd and it's directors can not be held responsible for delays to expected delivery times.
All payments must be made in UK pounds Sterling (and we reserve the right to make any refunds in UK pounds Sterling.) Our receipt of cleared funds sent by you does not constitute our acceptance of your order.
Payment for goods ordered is processed using the services of Worldpay. Payment may be made by any of the methods below and will be debited when you submit your order:
- Mastercard Credit
- Mastercard Debit
- Visa Credit
- Visa Debit
- Visa Electron.
We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
All prices on this website are quoted in UK pounds Sterling and include VAT where applicable.
In addition to the price of goods, delivery charges may be payable by you. The delivery charge will be that shown on the order form section of our website at the time you place your order. A greater charge is applicable to delivery outwith the UK: this should be detailed on our website but should you have any queries, please do not hesitate to contact us.
Errors made by us
While we try to ensure that the descriptions, prices and delivery charges displayed on our website are correct, errors may occur. If, prior to delivery to you, we discover an error in relation to goods you have ordered, we will inform you as soon as possible and you will then have the option of either:
Confirming your order subject to the corrected description, price or delivery charge; or
Cancelling your order and receiving a full refund of any prepayments.
Errors made by you
Information that you provide to us by using this website must be accurate and complete. Errors in your offer should be corrected prior to the conclusion of our contract. You can correct such error: -
Prior to submitting your offer to us: by re-entering the relevant information in our online order form, using the "BACK" button where required; or
After you have submitted your offer to us: by contacting us prior to acceptance by us of your offer. Our contact details can be found at:
Our right to cancel
The sale and supply of goods are always subject to availability of stock, and receipt of your payment in cash or in cleared funds, so:
In the event that we are reasonably unable to supply the goods which you have ordered due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.
In the event that your payment does not clear, is not authorised or is not received by us within seven (7) days after we received your order, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.
Your right to cancel
You have a right to cancel your order for goods at any time up to 36 hours prior to dispatch
If your order is cancelled, we will refund to you any monies paid within thirty (30) days of notice of cancellation being given.
Rejecting defective goods
If you wish to reject any product we have provided because you believe them to be faulty, not in accordance with specification, or damaged on delivery, you must inform us within a reasonable period of time and you must make the rejected goods available for collection by our courier at our request.
Where we have provided products which were faulty, not in accordance with specification, or damaged on delivery, we are usually able to offer a replacement or a refund.
If you reject goods which are in every respect what you ordered (being in accordance with specification, and not damaged on delivery) and you are not otherwise entitled to cancel your contract with us, we reserve the right to charge you the direct cost to us of collecting, testing, storing and redelivering the rejected goods.
Duty to take care of goods
You are under a duty to take reasonable care of goods you are rejecting, irrespective of whether they are faulty, not in accordance with specification, or were damaged on delivery. You will be liable for any loss of damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:
prior to being returned to us, the goods are carefully, safely and securely stored;
at the time they are made available for collection, the goods are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes).
This section contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with use of our website and goods ordered via this website.
Your and our liability
Nothing in these Terms and Conditions of Sale is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.
You and we shall only be liable to each other under these Terms and Conditions of Sale for losses which are a reasonably foreseeable consequence of the relevant breach of contract. Neither you nor we shall be liable to each other under these Terms and Conditions of Sale for any other loss or damage, subject to the paragraph above.
Circumstances beyond our control
We shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control. If the goods traveling within the U.K. are not received within 21 days of the date of order, it is your responsibility to inform us that this is the case. Otherwise no refund or replacement will be given.
The headings are for convenience only and shall not affect the construction or interpretation of these Terms and Conditions of Sale.
Transfer of rights / obligations
We shall be entitled to transfer, sub-licence and/or assign any of our rights and/or obligations under these Terms and Conditions of Sale. This will not affect your rights under these Terms and Conditions of Sale.
You may not transfer, sub-licence or assign any of your rights or obligations under these Terms and Conditions of Sale without our written consent.
Every provision of these Terms and Conditions of Sale shall be construed separately, applying even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances.
Law & jurisdiction
These Terms and Conditions of Sale shall be governed by and construed in accordance with Scots law and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
You are solely responsible for compliance with any applicable laws of the country from which you access our website.
Queries, comments and complaints
If there is anything in these terms and conditions which you do not understand or you have any other queries, comments or have a complaint, please contact us. Our contact details are as follows:
Postal / business address:
Hot Chocolates Ltd
40/8 Littlejohn Road
We, Hot Chocolates Ltd, are a company incorporated in Scotland with registered number SC301950 and having our registered office at 40/8 Littlejohn Road, Edinburgh, EH10 5GJ
We recommend that you print out a copy of these terms and conditions for your future reference.