1. Purchase Contract
1.1 This website is operated by Sylvia and Terry, Fine Kentish Chocolates. (herein after also referred to as “we”, “us” or “our”). All purchases made on this website are governed by these Terms and Conditions.
1.2 We sell goods only to end-user consumers.
1.3 We will confirm acceptance of your order. This will either be by a message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 You must be 18 years of age or over and must have completed the registration process in order to participate in our service.
2. Price and Delivery Charges
2.1 The price of the goods will be as quoted on the website at the time you confirm your order (usually by clicking the “Checkout” button), subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed.
2.2 Where items are ordered and sold individually by weight, we have an indicative weight guide on the website, the price you will be charged is the price for the actual weight you receive.
2.3 The prices stated on the website will be inclusive of any VAT payable.
2.4 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
3. Methods of Payment
3.1 Payment may be made by debit, credit or charge card, or through your own PayPal Account. You cannot pay for an online order by cash or cheque. There is no minimum order requirement.
3.2 The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.
3.4 You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may, at any time after a failed payment has occurred, ask a debt collection agency to collect payment from you.
4.1 Delivery will be made to the address specified by you when you register on the website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability. The website is updated frequently but in the event of non-availability of any goods you order, we may offer a reasonable substitute.
4.3 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly.
If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition).
You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly. 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. We shall have no liability to you whatsoever, financial, administrative or otherwise, if you do not receive your order as a result of your providing incorrect delivery address details. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times to receive the delivery. An appropriate person must sign for all goods on delivery.
If no-one is at the address when the delivery is attempted, goods sent by standard first class mail will be left with a neighbour, wherever possible, in accordance with the Royal Mail guidelines as at September 2012. Items sent by Special Delivery or international mail will be retained by the delivery company. In all cases, notification of delivery will be given. It is your responsibility to re-arrange delivery, where appropriate. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and for the cost of delivery.
5. Defective Goods
5.1 We guarantee the quality of our goods.
You must inspect the products and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 14 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6. Amendment of orders and cancellation rights
6.1 The confirmation e-mail you receive from us confirming your order will set out the last time that, you may amend your order prior to delivery.
7. Warranty and Liability
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these
terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order
8. Customer complaints.
8.1 Any Customer complaints should be addressed to us via an e-mail link or contact box listed on our website in the “Contact” section.
9.1 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes.
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to us via the email address listed on the “Contact Us” page on our website. All notices from us to you will be displayed on our web site from time to time.
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through sylviaandterry.com, and you may not otherwise copy, reproduce, transmit, publish, display,
distribute, commercially exploit, use or create derivative works of any material data and content on the sylviaandterry.com website without our prior written permission. We may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the sylviaandterry.com website.
11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.