Terms and Conditions
These Terms and Conditions were last updated on 4th March 2019
Thank you for your interest in Cocoa Encounters. These Terms and Conditions apply when you use this website and purchase any items from us. Please also read our Privacy and Cookies Policy which sets out how we collect, process and use your information.
This website www.cocoaencounters.co.uk is operated by Sole Trader Kathryn Laverack. By using the website and each time you place an order on the site, you are agreeing to these Terms and Conditions, and our Privacy and Cookies Policy. If you do not agree, please do not use our website.
We reserve the right, from time to time, with or without notice, to change these Terms and Conditions at our sole discretion, and the latest version will appear on our website with the date that it was last updated. By using the service after any changes have been posted, you agree to the new terms.
1. Your account
1.1 To use our website you will need to set up an account with us. You need to be 18 or over to create an account. By joining us you confirm that you are legally capable of entering into binding contracts.
1.2 You will also become a member of the site, eligible to purchase individual products and chocolate experiences.
1.3 You are responsible for your own account, including making sure that your details are correct and kept up to date and for ensuring that your password is secure. If you think that your account is being used by anyone else, please Contact Us immediately. If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
1.4 We may refuse any application to join our website or receive our services for any reason whatsoever.
1.5 If you have any problems creating an account, logging into your account or updating your details, please have a look at our FAQs or contact us at firstname.lastname@example.org
2. Content on our website
2.1 We may change or remove content or parts of our website at any time.
2.2 The legal rights (including the intellectual property rights) in our website and any content on it is owned by us, or licensed to us by third parties. Our website and content is protected by international copyright laws and database rights. Nothing on our website grants you any licence or right to use, alter or remove such material. You may not use our trade marks, logos or other intellectual property.
2.3 From time to time our website may include links to other websites. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked website(s).
2.4 Your access to our website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the service as soon as we reasonably can.
3. Your use of our website
3.1 You agree that you will not: (a) impersonate any other person, conduct yourself in an offensive manner, or use our website for any unlawful purposes; (b) attempt to access the accounts of other users or misuse our website by introducing viruses, trojans, worms or other harmful material; or (c) disable or modify any copy protection technology used on our website.
3.2 We may suspend, restrict or terminate your account and your access to our website if we believe that you have breached these Terms and Conditions. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
4.1 The prices which you must pay for the products that you order are set out on the website at the time you place your order (plus a delivery charge for products and experiences not virtual or downloadable.)
4.3 As Cocoa Encounters is not registered for VAT, there is no VAT applicable to the prices shown on the website.
5. Placing an order
5.1 In order to purchase experiences, products or gift vouchers, you simply need to select the product page, click “Add to Cart” and follow the checkout process.
5.2 As part of the checkout process you will be asked to submit your payment details in accordance with our accepted payment methods.
5.3 Our ordering process allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
5.4 Once you click on the “Confirm and Pay” tab we will process your payment details and you will not be able to cancel your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
6. Dietary Information
6.1 The chocolate samples used in our tasting experiences may be made in the same environment as nuts, gluten and dairy products and therefore we cannot guarantee that they are free from nut, gluten traces or dairy.
6.2 We ask our suppliers for dietary information which will accompany the tasting samples, but we do not make any warranties as to the accuracy of this information and we do not assume any liabilities.
7.1 Chocolate accessories are delivered to most addresses across the world. If you have issues with your address being recognised at the checkout please contact email@example.com, we will endeavour to meet your requests. Chocolate tasting experience boxes are currently only delivered to UK addresses. There is a delivery charge for shipping on all items.
7.2 Chocolate accessories and tasting experience boxes are sent via Royal Mail second class postage unless you select expedited delivery. You can see the total cost of these delivery options for your particular order at the checkout after specifying the delivery address.
7.3 We reserve the right to amend delivery fees at any time without notice.
7.4 If we are unable to fulfil your order due to the product(s) being unavailable, we will inform you via email and reimburse to you any sum paid as soon as possible.
7.5 You will become the owner of the products you have ordered when they are delivered to you. 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. Without prejudice to any applicable law, please note that we cannot take responsibility for deliveries to countries outside of the UK. By placing an order for delivery to a country outside of the UK, you accept that any loss (unless you pay for tracked delivery), destruction or delay is at your own risk.
7.6 You also acknowledge that products may be delivered to a neighbour or left in a safe place (for example, a letterbox or porch) unless you specifically say that you are not happy with that arrangement. For deliveries during the summer period, you accept that any products left outside your door may melt and should this happen, you will not be able to claim a refund or ask for a replacement.
7.7 If you change address, you must update your address details by e-mailing us at: firstname.lastname@example.org. Please note that we cannot amend address details once payment has gone through and we will not send replacements or refund orders which go missing due to an incomplete address.
7.8 Please note that any delivery dates and times stated on our website are estimates only and we cannot guarantee that your order will be delivered on a particular date.
7.9 You must notify us within 2 weeks of any missing deliveries. If you inform us of missing deliveries within 2 weeks, we will attempt to redeliver any missing boxes once via a tracked carrier.
8.1 If you are unhappy with product that you receive from us, please contact us at email@example.com, sending a photo of the product. We retain the right to request a return of any faulty products by recorded delivery to: Cocoa Encounters, 102 Newmarket, Louth, Lincolnshire LN11 9EQ
If the fault is agreed, a full refund will be given for the returned goods within 7 days.
9. Other important terms
9.2 You are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.
9.3 Nothing in these terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
9.4 Nor will any of these Terms and Conditions 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.
9.5 If any part of these Terms and Conditions is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.
9.6 This contract is between you and us. No other person has any rights to enforce any of its terms.
9.7 You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
9.8 We will not be liable to you for any lack of performance, or the unavailability or failure of our website or our services, or for any failure by us to comply with these terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
9.9 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
9.10 These Terms and Conditions, and any contract between us, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have non-exclusive jurisdiction to resolve any disputes between us.
10. How to contact us and further information
10.1 If you have any feedback, questions or complaints or any requests for technical support, then please contact us at firstname.lastname@example.org
If you can’t find the answer to your question here, you can click here to send us a message, call Kathryn Laverack on 07586496380 for any urgent requests, email at email@example.com for general queries.
I’ll do my best to reply to all messages with 48 working hours but as a sole trader during busy periods it can take a little longer.