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General - Our Terms & Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you through this website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
Who we are. We are Fortissimo Chocolates Limited a company registered in England and Wales and we trade under the name The Raw Chocolate Company (‘we’,’us’ or ‘our’). Our company registration number is 06743016 and our registered office is at 5th floor, Greener House, 66-68 Haymarket, London SW1Y 4RF. Our registered VAT number is 941296514.
2.1 How to contact us. You can contact us by telephoning our customer service team at 01273 495139 or by writing to us at firstname.lastname@example.org or The Raw Chocolate Company Ltd, Unit 3 Mackleys Industrial Estate, Henfield Road, Small Dole, BN59XR
2.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept 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. You should check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your details. You undertake that all details you provide to therawchocolatecompany.com for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
4. Our goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a % tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the goods. We may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.
7. Providing the goods
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. The period stated within which you will receive your order is approximate but we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, our delivery provider will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
7.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the goods from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.6 When you own goods. You own a product which is goods once we have received payment in full.
8. Your rights to end the contract
8.1 You can always end your contract with us. You may cancel your order at any time. We can accept cancellations by email to email@example.com (link sends e-mail) or by post (please phone or email us for our address) or by telephoning during normal office hours. You may withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 14 working days after the day after you receive the product by:
(a) sending the notice of cancellation by email to firstname.lastname@example.org ensuring that you quote your name, address and order reference number; or
(b) where you have already received the goods, returning the goods to therawchocolatecompany.com unopened together with the original invoice. therawchocolatecompany.com will refund you the purchase price of the goods. you need to return the goods within 14 days after informing us of your wish to cancel the order and return them.:
8.2 Once we receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to us from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by us in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to us.
8.3 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see clause 9;
9. If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 01273 495139 or write to us at info@therawchocolatecompany or by snail mail to: The Raw Chocolate Company Ltd, Unit 3 Mackleys Industrial Estate, Henfield Road, Small Dole, BN59XR
9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01273 495139 or email us at The Raw Chocolate Company Ltd, Unit 3 Mackleys Industrial Estate, Henfield Road, Small Dole, BN59XR for a return label or to arrange collection.
10. Price and payment
10.1 Where to find the price for the product. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. [If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.]
10.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express as well as Paypal. You must pay for the goods before we dispatch them.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, 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 was likely to happen.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 9.2; and for defective goods under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.