TERMS & CONDITIONS

1. Our 100% Happiness Guarantee
All purchases are covered by our 100% Happiness No Excuses Guarantee so if you're not 100% happy with our products or we miss an important delivery date, we guarantee that we'll immediately put it right for you – refunding or replacing as appropriate. Additionally, we will always come back from any mistakes with honesty and a positive solution that works for you; we never want you to lose faith in CHOCOMESSAGE and will always go the extra mile to ensure you know how important your custom is to us. All of our Customer Service team are trained and empowered to help, whatever the circumstance and whatever method you choose to contact us by, so you can always be sure of a prompt, helpful and friendly reply that we hope will both strengthen our future relationship with you and retain your confidence in our brand.

2. Our Offers
Any offers we make are designed to be used independently and are not available in conjunction with any other offer.

3. The Contract Between Us
To place an order on our site for a particular product, please click “Add to basket”. You can then click on the basket icon at the top of the page and follow the steps (including providing payment and delivery information) to complete your order. Our order process allows you to check and amend any errors before submitting your order to us. We must receive payment in full for the products 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. For business or corporate purchasers with orders over £500 net of VAT, we may, at our discretion, allow such customers to make payment after receiving an invoice from us. This is subject to satisfactory credit references.

4. Price

4.1 The prices payable for products that you order are as set out on our website.

4.2 In most instances you will be required to pay extra for delivery. Our delivery charges can be found here and are calculated during the checkout process.

4.3 VAT Receipt:All prices include VAT at the appropriate rate, (currently 20%). If you are eligible to reclaim this sales tax, on request we can supply you with a VAT receipt.

5. Re-Sale
You are not permitted to sell and must not offer for sale or re-sell any of our products.

6. Our Products and Nuts
All products are made in the same environment as nuts so we cannot guarantee they are free from nut traces. You can read more about our dietary information here.

All of our products have a shelf-life of 4-6 weeks, unless otherwise specified in the product description.

The images of the products on our site are for illustrative purposes only and your products may vary slightly from those images.

7. Bespoke and Concierge Products for Business Orders
For business or corporate purchasers of Bespoke and Concierge products the following shall apply:

7.1 All necessary artwork must be received by us at least 28 days before the intended delivery date of the products. You will be required to pay for any artwork and associated costs at the rates quoted for each product on our website.

7.2 We have your permission to use your artwork and logos for the purposes of printing and fulfilling the order.

7.3 The design and layout of the artwork must be approved by an authorised person within your business prior to any printing being carried out.

7.4 Where bespoke artwork has been requested and approved in accordance with this clause 7 and the order is subsequently cancelled by the business or corporate purchaser, a payment of 60% of the invoice value of the products must be paid to us.

8. Right for you to cancel your contract

8.1 In accordance with our 100% Happiness Guarantee you may cancel your order with us for the products you order at any time up to the end of the fourteen days after the day on which you received the products. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. This right of cancellation shall not apply to business or corporate purchasers who must have a lawful reason for cancellation.

8.2 Once you have notified us that you are cancelling your order, any sum debited to us from your credit 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 card you will be refunded by cheque as soon as possible and in any event within 30 days of your order.

9. Cancellation by us

9.1 We reserve the right to cancel the contract between us if:

9.1.1 We have insufficient stock to deliver the products 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;

9.1.2 We do not deliver to your area; or

9.1.3 One or more of the products you ordered was listed at an incorrect price due to a typographical error.

9.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit 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. We will not be obliged to offer any additional compensation for disappointment suffered.

10. Delivery of products to you

10.1 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, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you.

10.2 You will become the owner of the products you have ordered when they have been delivered to you or at the point of collection from store. 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.

10.3 Under the 2003 Licensing Act it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18. We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order for alcohol you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.

10.4 Free Delivery offer is not valid in conjunction with any other offer. Offer can only be redeemed with a valid offer code. Free Delivery applies to one address per order for standard delivery. Code is valid for one order per customer.

11. Liability

11.1 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.

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

11.2.1 To make good any shortage or non-delivery;

11.2.2 To supply and deliver substitute products if your original choice cannot be delivered for any reason;

11.2.3 To replace any products that are damaged or defective; or

11.2.4 To refund to you the amount paid by you for the products in question in whatever way we choose.

11.3 Save as precluded by 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 products in question under clause 11.2.4 above.

11.4 CHOCOMESSAGE, 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 this 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 this website or your downloading of any material from this website or any websites linked to this website.

11.5 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.

11.6 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer 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.

12. Intellectual Property
The content of this website is protected by copyright, trademarks, database right and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without written permission from a representative of CHOCOMESSAGE.

13. Your Use of this Website

13.1 You may not use this website for any of the following purposes:

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

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

13.1.3 Interfering with any other person’s use or enjoyment of the website; or

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

13.2 You will be responsible for our losses and costs resulting from your breach of clause 12.

13.3 We make sure that we handle any personal information you provide to us in accordance with the Data Protection Act 1998

14. Our Right to Suspend or Cancel your Registration

14.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

14.2 The suspension or cancellation of your registration and your right to use this website shall not affect either party’s statutory rights or liabilities.

15. Notices
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at CHOCOMESSAGE, 95 MORTIMER STREET, LONDON, W1W 7GB, England (Virtual Office). All notices from us to you will be displayed on our website from time to time.

16. Events beyond our control
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

17. Invalidity
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

18. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.

19. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

20. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

21. Entire Agreement
These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Gift Card Terms & Conditions

For the purposes of these terms and conditions ‘Gift Cards’ refers to both Gift Cards and electronic eGift Cards unless otherwise stated.

Gift Cards are accepted online, in store as a method of payment. They can be activated with a minimum value of £5.00 and have a maximum value limit of £500 or countries currency equivalent. To use your Gift Card online at www.chocomessage.co.uk simply enter the number on the Gift Card and PIN number at the checkout page to redeem the credit towards your purchase. Any balance remaining after your transaction will remain on the Gift Card. The value on the Gift Card will expire if not used, credit redeemed or credit topped up within 24 consecutive months from the date of activity.

Gift cards are exempt from all offers online and in store, they cannot be discounted.

The Gift Card is not a cheque guarantee, credit, debit or charge card and cannot be exchanged for cash, returned or refunded, except in accordance with your legal rights. Gift Cards cannot be used for payment in CHOCOMESSAGE franchises, concessions, in third party department stores or independent retail outlets.

You can credit and top-up stored value on your Gift Card by cash, credit or debit card in web-store. The minimum value you can credit your Gift Card with each time is £5.00; the maximum amount is £500. The maximum credit value you can web-store on your Gift Card at any time is £500.

A Gift Card is intended for your personal use and, as such, you are not entitled to sell, distribute or otherwise make any commercial use of your Gift Card. For the avoidance of doubt, this shall not prevent you from giving a Gift Card as a gift, provided that such gifting is not part of or connected to any commercial activity, unless otherwise agreed in writing with CHOCOMESSAGE.

You may obtain information about the remaining balance on the card at any till point in web-store, online or, once registered, via your online account or by mailling our customer experiences team on giftcardservices@chocomessage.co.uk .

We reserve the right to amend these terms & conditions in relation to our products and the purchase of them, where we consider it reasonable and necessary to do so. The terms do not affect your statutory rights.