Terms & Conditions
OWOW CHOCOLATES LIMITED
Terms and Conditions of Purchase
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21st May 2015.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.owowchocolates.co.uk (site). We are Owow Chocolates Limited, a company registered in England and Wales under company number 08603885 and with our registered office at 3 Holman Close, Bramley, Tadley, Hampshire RG26 5XD. Our main trading address isThe Bakehouse, Old Basing, Basingstoke RG24 7BW.
1.2 You may contact us by telephoning our customer service team at 0118 328 0104 or by e-mailing us firstname.lastname@example.org.
2. Our Products
2.1 The images of the Products in our Materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images in our Materials.
3. Use of our site
Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. Age Restriction and authority
5.1 If you are purchasing Products as a consumer and not as a business, you may only purchase Products from our site if you are at least 18 years old.
5.2 If you are purchasing Products on behalf of a business, you confirm that you have the authority to bind that business.
6. How the contract is formed between you and us
6.1 Where you are ordering online:
(a) Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
(b) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.1(c).
(c) We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been ordered (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
(d) If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.2 If you order over the telephone or in person the Contract will be formed upon us providing an Order Confirmation to you.
7. Our right to vary these Terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Your right of return and refund
8.1 You do not have the right to cancel any Contract on the basis that the Products are personalised for your order.
8.2 You may however return the Products to us if they are faulty or mis-described, in which case we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.3 We will refund you on the credit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
8.4 If you are purchasing Products as a consumer rather than for a business, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.5 If you are purchasing Products as a business, we only supply our products to you for your own internal use and you agree not to re-sell any of the Products. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products and any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring that the Products are suitable for your purposes.
9.1 If you opt for courier delivery, our couriers will contact you with an estimated delivery date, which will be within at least 30 days after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, our courier will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
9.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 If you are purchasing the Products as a consumer and we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.7 If you do choose to cancel your Order for late delivery under clause 9.6 or clause 9.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. International delivery
10.1 We deliver worldwide (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
10.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order or as stated over the telephone or in person and as confirmed in your invoice. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order or as stated over the telephone or in person and as confirmed in your invoice. To check relevant delivery charges on our site, please refer to our Delivery Charges page http://www.owowchocolates.co.uk/deliveries/.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to pay
12.1 You can pay for Products using a credit card or, if we have sent you an invoice, by direct bank transfer to the bank account specified on the invoice. We accept the following cards: Visa, Delta, Mastercard, Solo Payment for the Products and all applicable delivery charges is in advance. We will not charge your credit card until we dispatch your order.
13. Our liability
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13.3 As per our packaging, our Products are manufactured in factories that handle nuts so persons who have any form of nut allergy should not consume any of the Products. A full list of possible allergens contained in our Products is as follows:
milk powder, wheat flour, wheat starch and soya lecithin.
13.4 You are responsible for providing us with an accurate logo or other artwork to personalise the chocolate. We shall not be liable to replace or refund you for any Products which do not have the correct personalisation due to an error or omission in the artwork or other materials that you have submitted to us.
13.5 We reserve the right to refuse to carry out any personalisation that involves indecent, offensive, illegal, immoral, discriminatory or defamatory images or wording.
13.6 Where you are purchasing as a business, we will under no circumstances be liable to you for loss of profits, sales, business, revenue, business opportunity, anticipated savings, goodwill or any indirect or consequential loss and our total liability to you in any event will not exceed 100% of the price paid for the Products that are the subject matter of any claim.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 You may contact us as described in clause 1.2 above.
16. Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are purchasing Products on behalf of a business, these Terms (and all documents referred to in them) constitute the entire agreement between you and us and supersedes all previous agreements, whether written or oral, relating to its subject matter. In entering into a contract with us, you acknowledge that you do not rely on any statement or representation that is not set out in these terms or documents referred to in these terms. Neither of us will have any claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.
16.7 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.