Important customer information

This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

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 our site.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

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 8. 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 1 January 2013. These Terms, and any Contract between us, are only in the English language.

1.                   Information about us

 

DocChoc Limited operates the website www.chocolate-ocean.co.uk. Doc Choc Limited is a company registered in England and Wales under company number 07755035 and with our registered office and trading address at 8 Amherst Business Centre, Warwick, CV34 5XH. Our VAT number is 150999575. To contact us, please see our Contact Us page.

 

2.                   Our Products

 

 

2.1                The images of the Products on our site 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                The packaging of the Products may vary from that shown on images on our site.

 

 

2.3                All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

 

 

3.                   Use of our site

 

Your use of our site is governed by our Terms and conditions. Please take the time to read these, as they include important terms which apply to you.

 

 

4.                   How we use your personal information

 

We only use your personal information in accordance our Privacy Policy.  Please take the time to read these, as they include important terms which apply to you.

 

 

5.                   Faulty Products

 

 

5.1                As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

 

6.                   How the contract is formed between you and us

 

 

6.1                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.

 

 

6.2                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 7.4.

 

 

6.3                We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation).  The Contract between us will only be formed when we send you the Dispatch Confirmation.

 

 

6.4                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 of an error in the price on our site as referred to in clause 13.5, 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 as soon as possible.

 

 

7.                   Our right to vary these terms

 

 

7.1                We may revise these Terms from time to time in the following circumstances:  

(a)            changes in how we accept payment from you; 

(b)            changes in relevant laws and regulatory requirements.

 

 

7.2                Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

 

 

8.                   Your consumer right of return and refund

 

 

8.1                You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

 

 

8.2                However, this cancellation right does not apply in the case of:

(a)            any made-to-measure or custom-made products;

(b)            perishable goods, such as food, drink or fresh flowers;

 

 

8.3                Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

 

 

8.4                To cancel a Contract, you must contact us in writing by sending an e-mail to chocs@chocolate-ocean.co.uk, including in that communication your order reference, the email details you used in the original order and details for the reason for cancellation. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.

 

 

8.5                You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.

 

 

8.6                If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

 

 

8.7                We refund you on the credit card or debit card used by you to pay.

 

 

8.8                If the Products were delivered to you:

(a)            you must return the Products to us as soon as reasonably practicable

(b)            unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us.

 

 

8.9                Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.

 

 

8.10            As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

 

9.                   Delivery

 

 

9.1                Your order will be fulfilled by the estimated delivery date set out in

the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

 

9.2                Delivery will be completed when we dispatch the Products to the address you gave us.

 

9.3                The Products will be your responsibility from the completion of delivery.

 

9.4                You own the Products once we have received payment in full, including all applicable delivery charges.

 

10.                international delivery

 

10.1             Delivery outside of the UK will be dependent on the location and may be declined at our choosing.

 

11.                Price of products and delivery charges

 

11.1            The prices of the Products will be as quoted on our site from time to time. 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. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.

 

11.2            Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

 

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 quoted on our site from time to time.

 

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. We will normally check prices as part of our dispatch procedures so that:

(a)            where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, 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; and

(b)            if the Product's correct price is higher than the price stated on our site, we will contact you by e mail as soon as possible 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.

 

12.                How to pay

 

12.1            You can only pay for Products using a debit card or credit card. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

 

13.                Our liability

 

13.1            Save as precluded by law we shall not be liable to you or any third party for any direct, indirect, consequential or economic loss whatsoever and this shall include, but not be limited to, loss of revenue loss of profit, loss of opportunity, loss of goodwill, loss of work.

 

13.2            We shall not be liable for any claim for damage or loss whatsoever in excess of the value of the goods purchased.

 

13.3            We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

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 19.2. 

 

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.

 

15.                Communications between us

 

15.1            When we refer, in these Terms, to "in writing", this will include e-mail.

 

15.2             

(a)            To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to chocs@chocolate-ocean.co.uk as per clause 8.4. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

(b)            If you wish to contact us in writing for any other reason, you can send this to us by e-mail at chocs@docchoc.co.uk

 

15.3            If we have to contact you or give you notice in writing, we will do so by e-mail.

 

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.

 

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            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.