Terms & Conditions
Welcome to Chocobay's Website (the “Site”). Chocobay provides this Site as a service to its customers. Please review the following Terms and Conditions that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.
2. Online Registration & Security
2.1 When ordering from Chocobay, you have the option of (1) creating an account or; (2) guest checkout. You are responsible for ensuring that all details provided during account creation, ordering and thereafter remain complete and accurate.
2.2 When you register to use the Site you will be asked to select an account password. You are responsible for all activities and orders that occur under your account and should keep your password confidential. If you suspect that someone else knows your password you should change it immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend or cancel your account.
3. Colours, Specifications & Descriptions of Products
Whilst we have made every effort to display the colours, specifications, dimensions and descriptions of items on the Site as accurately as possible, the colours you will see, will depend upon the resolution of your monitor. The Chocobay cannot guarantee that your monitor’s display of any colour will always reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications, descriptions and quantities of items displayed on our Site without prior notice.
All of our products are packaged in a production kitchen which handles nuts, milk, soya, eggs and gluten. They are vegetarian and vegan and gluten free products will be labelled appropriately.
The price that we charge for our products will be the price stated on the Site. You will be required to pay for any delivery charges specified during the order process.
6. Ordering & Payment
6.1 When completing an online order, you are responsible for the accuracy and completeness of the information you provide; Chocobay accepts no responsibility for items that are unable to be delivered or for incorrect or incomplete delivery information.
6.2 We must receive payment of the whole of the price 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.
7. The Contract
Once payment has been received, we will confirm your order by sending an email to the email address you have provided. Our acceptance of your order brings into existence a legally binding contract between us. You cannot then withdraw or cancel your order except as stated under clause 8.
8. Cancellation & Modification of Orders
8.1 The right of withdrawal of 8 days does not apply to perishable food items .
8.2 Cancellation or modification of orders may be accepted up until when the product is passed to the carrier.
8.3 We reserve the right to cancel the contract between us if: (a) we have insufficient stock to deliver the products you have ordered; (b) we do not deliver to your area; or if (c) one or more of the products you ordered was listed at an incorrect price due to a typographical error.
8.4 In the event of cancellation, we will notify you by email or telephone and re-credit to your account any sums deducted by us.
9. Cancelling and Returning Goods if You Change Your Mind (this clause does not apply to business purchasers/uses)
9.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.
9.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods. You may cancel your quarterly subscription at least 1 week before the auto-renewal of your payment for the next box. The payment is taken each quarter on the date of your original sign up.
9.1.2 If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
9.1.3 If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
9.2 If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, using the contact details below. Cancellation by email is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the following details:
9.2.1 Telephone: 0117 985 0779
9.2.2 Email: firstname.lastname@example.org
9.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
9.4 Please note that you may lose your legal right to cancel under this Clause 9 if you have unsealed the Goods after receiving them.
9.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 9.
9.6 Before returning goods to us, we ask that you contact us at email@example.com or call on 0117 985 0779.
9.7 Refunds under this Clause 9 will be issued to you within 14 calendar days of the following:
9.7.1 The day on which We receive the Goods back; or
9.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 9.7.1); or
9.7.3 If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
9.8 Standard delivery charges will be reimbursed in full as part of your refund. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 9.
9.9 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
9.10 Any recurring quarterly charges that have been collected after you have informed Us that you wish to cancel your subscription will be refunded in full, within 14 days of your contact to us.
12. Delivery & Collection
12.1 For products delivered by post, we will deliver to the delivery address you provide at the time you order. Please ensure that this information is complete and correct as any charges related to forwarding the package to another recipient or to a different delivery address will be your responsibility.
12.2 For products due for collection from the Chocobay, we will agree to a collection time.
12.3 We shall have no liability to you for any damage to products or impact on delivery that is caused by an event that is beyond our reasonable control.
12.4 You become the owner of the bought product upon; (a) its collection from Chocobay or (b) its delivery to your stated delivery address.
12.5 We do not accept liability in the event that your delivery is stolen or damaged whilst on your doorstep.
12.6 You agree to inspect: (a) perishable products upon collection and/or delivery and to notify us by email of any defects within 12 hours. Claims made out with this period will not be accepted.
13.1 In the event that you wish to return a product please email details of why along with a photo showing any issues and include details of the online order number.
13.4 Any returns should be addressed to (only return items if we ask you to):
30 Sidelands Road
13.5 All returns will be assessed.. Should a claim be successful, we shall refund any reasonable postal costs associated with the return of the product.
14.1 Whilst we try to ensure that material included on the Site is correct, we cannot accept responsibility for any inaccuracies that may arise. Without prejudice to your statutory rights, we may correct any inaccuracies and we will not be responsible for any such inaccuracies for the results obtained from the use of such information or for any technical problems you may experience with the Site.
14.2 If the products you have ordered do not arrive, or if we deliver incorrect or damaged products, we shall have no liability to you other than to: (a) make good any non-delivery; (b) replace any shortage; (c) replace products that are damaged or defective; or to (d) refund to you the amount paid for the products in question.
14.3 Sub-clause 13.2 does not apply to faults or defects which been caused by your misuse or neglect of the products or by accidents caused while the products are in your possession.
14.4 Save as precluded by law, Chocobay 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.
14.5 Chocobay, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), 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 Site 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 Site or your downloading of any material from this Site or any websites linked to this Site.
14.6 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.
14.7 Notwithstanding the foregoing, nothing in these Terms & Conditions is intended to limit any rights you might have as a consumer neither 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.
15. Intellectual Property
Unless otherwise noted, all materials, including images, illustrations, designs, recipes, tips & tricks, photographs, streaming and video content and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Chocobay. The Site content is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Chocobay. This Site and all its Contents are intended for commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derived works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
16. Governing Law
The contract between us shall be governed by and construed in accordance with the laws of Scotland. The Scottish courts will have jurisdiction over any disputes arising between us.
If any provision of these Terms & Conditions is found to be invalid by any court having appropriate jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions which shall remain in full force and effect.
18. Third Parties
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.)
19. User Feedback & Other Submissions
All comments, suggestions, ideas, and other submissions disclosed, submitted or offered to Chocobay on or via this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) are property of Chocobay. Communication, submission or offering of any Comments shall constitute an assignment to Chocobay of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. In this regard, Chocobay will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Chocobay is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay to user any compensation for any Comments; or (c) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
20. Links to Third Party Websites
This Site may contain links to other websites not controlled by Chocobay. Chocobay has no responsibility for the linked websites nor does it necessarily endorse any linked websites. Chocobay provides links solely for the convenience and information of its Site users.
Chocobay provides the materials on the Site ‘as is’ without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Chocobay disclaims any duty to update or revise the materials on this site, although Chocobay may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You agree to defend, indemnify and hold Chocobay harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site.
22. Entire Agreement