Terms & Conditions
Please read this carefully. By submitting an order on this website you are agreeing to the terms that appear below which will apply to any purchase made on this website. To shop with www.williescacao.com you must be 18 (eighteen) years of age or over.
*During COVID19 pandemic we, Willie’s cacao, do not receive Customers/Visitors- No exception to the rule*
The factory will be closed from the 24th December 2020 and re-open on the 4th of January 2021, dispatch will resume on a first ordered first dispatched basis.
1. PURCHASE CONTRACT
- 1a This website is operated by Willie’s Cacao Ltd. (“we”, “us” or “our”). All purchases made on this website are governed by these Terms and Conditions.
- 1b We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not be re-sold or otherwise circulated without our prior written consent.
- 1c We will confirm acceptance of your order. This will either be by a message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
- 1d The purchaser of any products containing alcohol must be of legal drinking age in their country of residence or in the country from which they are accessing ‘the site’.
- 1e Any request for exchange or refund of perishable items must be made within the first 7 days from the delivery date or will be refused.
- 1f Willie’s Cacao can not be help responsible for it’s chocolate being bought from other retailers, issue with the said items should be taken directly to the retailer they were purchased from.
2. PRICE , DELIVERY TIMES & CHARGES
- 2a The Monthly Chocolate subscription Boxes are, for now, only available to the UK* and on Free delivery service. (* this excludes Ireland).
- 2b The ‘Royal Mail Untracked 3-4 days‘ is a Untracked option which will take a minimum of 3-4 working days to deliver, as always it excludes the 1- 2 working days of dispatch, various daily/weekend closures and is subject to postal delays. Please See 6g for refund and re-send option that might apply to your order.
- 2c Orders placed before 9am GMT Monday -Friday should take 3-4 working days minimum to be delivered should the Royal Mail Untracked option be chosen by the customer or 1-2 working days for DPD tracked deliveries not including weekends.
- 2d Both our deliveries options of Royal Mail Untracked and DPD are unmonitored by Willie’s Cacao. It is the customer’s sole responsibilities to get in contact with us at Willie’s Cacao should they not receive their order.
- 2e Both Royal Mail free delivery and Royal Mail Untracked 3-4 working days being the Royal Mail untracked 3-4 working days service, can be subject to postal delays outside of Willie’s Cacao’s control and there is no guarantee on the exact delivery day. It is the customer’s sole responsibility to decide on the correct delivery option, therefore Willie’s Cacao will not responsible for delays. If unsure please contact us on moc.oacacseilliwnull@pohs
- 2f The factory is closed and does not dispatch on weekends and bank holiday.
- 2g DPD does not guarantee delivery on weekends, therefore, orders placed after 9am on Thursdays, using the DPD 1-2 days service, might not be delivered at the earliest until the following Monday.
- 2h DPD delivery to Scottish Highlands & Islands is excluded from the Free Delivery Offer. The delivery cost will be calculated after the customer input its address and take minimum of 2 working days.
- 2i DPD Delivery to Ireland, Scottish Highlands & islands will take 2 to 3 days delivery.
- 2j Dispatch of orders takes 1 to 2 days, is excluded from delivery timetable and can sometimes be delayed in case of hot weather , contact us for further details.
- 2k The prices stated on the website will be inclusive of any VAT payable and are quoted at the time you confirm your order (usually by clicking the “Checkout” button). If you subsequently amend your order, the prices charged will be those applicable to the amended item(s)at the time that the amended order is confirmed.
- 2l The price of the goods does not include the cost of delivery. The delivery charge options are calculated automatically according to the total weight of products and packaging and are shown to you when you input your address before finalising your order. To find out more about our shipping charges/timetable before placing an order please see our shipping information page by clicking here.
- 2m It is the customer’s sole responsibility to contact DPD or Royal Mail directly should they receive notification of their missed delivery of their order.
- 2n Hampers are excluded from the Free delivery on orders over £35 offer and each incur a £6.50 delivery charge
- 2o Percentage off price promotions exclude Special Collections, Hampers and Subscriptions unless otherwise stated.
- 2p Discount codes, unless otherwise stated, are Only valid on full price items and excluding Subscriptions, special Collections, Hampers and gift card.
- 2q If an order contain a Hamper, the Free Delivery over £30 will be calculated on other products, if any, once the hamper weigh/cost has been removed as these incur a separate DPD charge of £6.50 see 2k.
- 2r Orders with Multiple delivery addresses will incur additional cost per address.
3. OUTSIDE THE UK – Customers Notice –
- 3a Willie’s Cacao always provide all required numbers to clear a parcel through each country’s customs point and has never had an issue.
- 3b It is the customer’s sole responsibility to CHECK with each DELIVERY COUNTRY if any customs charges, extra requirement &/or restriction, such as COVID-19, might be in place *BEFORE PLACING AN ORDER*
- 3c -Once the order has dispatched : Any extra Customs charges, taxes, fees, levies, requirement &/0r restrictions such as COVID-19, from ANY country outside the UK, if applicable, will be the customers sole responsibility.
- 3b Compliance with Any extra export controls/sanctions/restriction rules, such as COVID-19, that may be applied, once the order has left the UK, by the local legislation of any country outside the UK to goods supplied by Willie’s Cacao will be the customer’s sole responsibility.
- 3c Willie’s Cacao will not held accountable for any extra customs charges, taxes, levies, requirements &/or restrictions, such as COVID-19, that may be put into place according to local legislation once orders have been dispatched to any countries OUTSIDE THE UK this is the customers sole responsibility.
- 3d Willie’s Cacao will not refund orders that are refused and/or returned due to any of the above extra charges/requirements/restrictions/address issues, such as COVID-19, or due to the customer’s unavailability to receive the parcel.
- 3e It is the customer’s sole responsibility to check our shipping informations page to find out how long their parcel might take to be delivered Before placing an order.
- 3f Tracking of international orders is available on request if order is not sent via Royal Mail Untracked .
- 3g Overseas deliveries to hot countries. Please be assured that we will always pack your chocolate as securely as we can in order to avoid temperature damage, however the actual delivery times and conditions are out of our control so if there is heat damage Willie’s Cacao will not be held responsible.
4. METHODS OF PAYMENT
- 4a Payment may be made by debit, credit or charge card. You cannot pay for an online order by cash or cheque. There is no minimum order requirement.
- 4b The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed.
- 4c Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.
- 4d You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
- 4e Every Willie’s Cacao customer will receive an order confirmation/notification for every order placed, failure to do so would be the result of a payment issue on the customer’s side and might result in duplicate order see below 4f.
- 4f It is the customer’s sole responsibility to contact Willie’s Cacao urgently should he/she receive any error message at the moment of processing payment. Failing to do so might incur a duplicate order. Such order will only be refunded by Willie’s Cacao IF:
-Willie’s Cacao is notified straight away.
-The order has not been dispatched
- 5a Delivery will be made to the address specified by you when you register on the website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
- 5b Please note that we cannot deliver to PO boxes.
- 5c Products are subject to availability. The website is updated on a daily basis but in the event of non-availability of any goods you order, we may offer a reasonable substitute.
- 5d We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
- 5e We take special care to endeavour that deliveries are made within time frame given and accordingly. We will not check, verify addresses or messages supplied by you. It is the customer’s responsibility to ensure that an appropriate person is available at the delivery address, at all times during the delivery slot (DPD deliveries only, specified in the order confirmation) and that access to said address is easy/direct. An appropriate person must be present/sign for all goods on delivery. If no-one is at the address when the delivery is attempted the goods might be retained by the delivery company. They will leave notification of delivery. It is the customer’s responsibility to re-arrange delivery directly with the courier.
- 5f Overseas deliveries to hot countries. Please be assured that we will always pack your chocolate as securely as we can in order to avoid temperature damage, however the actual delivery times and conditions are out of our control so if there is heat damage Willie’s Cacao will not be held responsible.
- 5g Should you fail to be present for your delivery and re-attempt at delivery by the courier we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.
- 5h ORDER NOTE
- The ‘Note’ section in every order is:
- -for personalised message ONLY, will be printed and put inside the parcel, WILL NOT be given to the courier.
- 5i REMINDER:
It is the customer’s sole responsibility to:
*check the Terms and Conditions and Shipping Information Page BEFORE placing an order and to contact us if in doubt.
*once order has been dispatched , contact the courier to give them delivery notes directly, track their order and/or re-arrange delivery if needs be/possible*
*provide a delivery address with reasonable access and to be present at the time of said delivery.
*Should the customer NOT be present &/or access being restricted and the courier not be able to deliver or Royal Mail/DPD deciding to leave the parcel in a safe place, the customer will be held accountable therefore Willie’s Cacao will not refund the order.
*Choose carefully the shipping method for their order. Should the customer have chosen Royal mail Untracked and Willie’s Cacao receive tracking proof showing that Royal Mail ‘Delivered’ the customer’s order Willie’s Cacao will not refund the order.
*It is only at the courier’s discretion that a parcel might be left in a so called ‘safe place’ and this is NOT a guaranteed option.
*contact willie’s Cacao as soon as possible should they not receive their order within the given maximum time frame.
6. DEFECTIVE GOODS, RETURN AND REFUND POLICY
- 6a Overseas deliveries to hot countries. Please be assured that we will always pack your chocolate as securely as we can in order to avoid temperature damage, however the actual delivery times and conditions are out of our control so if there is heat damage Willie’s Cacao will not be held responsible.
- 6b Willie’s Cacao can not be held responsible for the way retailers store their stock of Willie’s Cacao chocolate, therefore any issue with Willie’s cacao chocolate purchased externally should be taken directly back to that retailer for exchange or refund.
- 6c Willie’s Cacao asks that every customer purchasing directly from Willie’s Cacao checks their order/chocolate within the first week of receiving it and to notifies Willie’s Cacao of any dissatisfaction within that time frame. All chocolate leaving Willie’s Cacao has been made & stored within temperature controlled environment and has gone through many quality checks to make sure it reaches each customer in optimum condition. Willie’s Cacao will not be held responsible for replacing or refunding any item after this time frame as per 6d.
- 6d We guarantee the quality of our products purchased directly from us, all our perishable items are stored in a temperature controlled environment and ask every customer/retailer to store their order in a cool dry place as soon as they receive it.
- 6e It is the customer’s responsibility to contact Willie’s Cacao on moc.oacacseilliwnull@pohs urgently should they not received their order within the maximum given time frame of 1-2 days for DPD or 21 working days Royal Mail Untracked 3-4 working days minimum as delivery of orders is not monitored. Willie’s Cacao will then offer to track the order and offer to re-send it or refund.
- 6f Willie’s Cacao will not grant refund or exchange of their perishable product requested after 7 days from the delivery date of the order.
- 6g Willie’s Cacao will only offer to EITHER refund OR resend orders made via Royal Mail untracked, should they not be delivered after 21 days from the dispatch date as postal delays can occur, this is stated in section 2b, as long as the customer has notified Willie’s Cacao as in section 6e.
- 6h Orders will not be refunded if returned to Willie’s Cacao by the courier as it is the customer sole responsibility to choose the appropriate courier, to provide a clear accessible address and to be present at all time for delivery whether tracking is available or not. Willie’s Cacao might resend the order again should the customer pay for the shipping charge again.
- 6i Willie’s Cacao will not refund orders sent via Royal Mail if the order shows as delivered or is refused after the correct order is dispatched. However, Willie’s Cacao will promptly and fully refund the cost or replace any products if any one of the criteria set out below applies to the product/s delivered :
- 6j Not what you ordered
- 6k The delivery is of an incorrect quantity.
Once you have notified us and if needed Willie’s Cacao has received the items requested back from the customers, we will email you giving you the choice to see the sum debited to us from your credit card to be re-credited to your account as soon as possible or the product to be replaced by the product originally ordered within 30 days of your order.
7. AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
- 7a Orders may be cancelled IF the products/order has not been dispatched. We will notify you via e-mail if we have insufficient stock to deliver the products you have ordered. If this is the case, we will contact you to advise of an availability date, offer you a substitute product or refund the sum of the out of stock item.
- 7b Once orders have been dispatched we cannot accept cancellation and therefore orders will not refunded even IF refused & returned.
- 7c The Right of Withdrawal of 8 days does not apply to contracts for the supply of perishable food goods including chocolate.
8. WARRANTY AND LIABILITY
- 8a Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, neither will any of these terms restrict any of your statutory rights.
- 8b In addition to paragraph 5d we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
- 8c Other than as set out in clause 8a, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods and delivery contained in that order.
9. CUSTOMER COMPLAINTS
- 9a Any Customer complaints should be addressed to us via the e-mail address which is listed on our website on the “Contact Us” page.
- 9b Complaints about items bought from an external retailer should be taken back directly to that retailer as Willie’s cacao can not be held responsible.
- 9c Willie’s Cacao will reply to/email the customer in a friendly manner and will expect the same from every customer. Although full agreement can’t always be reach, every customer’s complaint will be reviewed and dealt with as fairly as possible. Abusing behaviour/wording by email will not be tolerated. Orders/ complaints would be void and not refunded.
- 10a If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
- 10b All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us.
- 10c These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them. www.willieschocolateshop.com is operated by El Tesoro Ltd. These Terms and Conditions were updated in January 2020.
· The information contained on this website, and those websites to which there are links, is for general interest only.
· While care has been taken in its preparation no responsibility is accepted for any misleading information or errors within this or other websites quoted.
· All photographs published on this website are the copyright of their respective owners, whose permission should be sought in writing for their use by other parties.
· The design of this website is copyright of Willie’s Cacao Ltd., no unauthorised use of its contents is permitted without prior permission of the copyright holders.
Willie’s Cacao Gift Cards are sold subject to the following terms and conditions:
a) Gift Cards are valid for 18 months from the date of purchase.
b) Gift Cards can be redeemed against all products on https://www.williescacao.com
c) Gift Cards cannot be returned or refunded and are non-transferable.
e) You need to use the value on your gift card against one single purchase. Value cannot be stored on the card after the first purchase. If your order exceeds your credit value, any remaining balance must be paid for by credit or debit card.
f) Willie’s Cacao is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.
g) Willie’s Cacao reserves the right to cancel a Gift Card if we deem such action necessary.