WILLIE’S CACAO TERMS & CONDITIONS
Please read these terms and conditions carefully and ensure that you understand them before placing any orders on this website. These terms and conditions, and any documents they refer to, set out the terms under which goods are sold on this website. By submitting an order on this website you are agreeing to the terms that appear below. To shop with www.williescacao.com you must be 18 (eighteen) years of age or over
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.
2. PRICE, PROMOTIONS AND CHARGES
2a The prices stated on the website are 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.
2b 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.
2c All promotions and discount codes are only valid on full price items and exclude subscriptions, hampers, magnificent creations and gift cards unless specifically stated otherwise in the terms of the offer.
2d If an order to a single address contains a Hamper, and that order can be shipped in one parcel, the whole order will automatically be shipped by DPD at a cost of £8.50. If the order cannot be shipped in one parcel, it will be shipped in multiple parcels via DPD.
2e Orders with multiple delivery addresses will incur delivery costs for each individual address.
2f All free gift offers are while stock last and excluded from subscriptions even if showing in customer’s confirmation email, do Contact Us for further information.
2g The Free gift is only available to UK customers, excluding Ireland and will not be sent to other orders/countries, even if showing in their confirmation email.
3. METHODS OF PAYMENT
3a Payment may be made by debit, credit or charge card, or any other method listed on this website at time of purchase. You cannot pay for an online order by cash or cheque or over the telephone.
3b There is no minimum order requirement.
3c 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.
3d 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.
3e It is the customer’s sole responsibility to contact Willie’s Cacao immediately should they not receive an order confirmation email for every order placed, or should they receive any error message at the moment of processing payment. Failure 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 and the order has not been dispatched.
3f Gift cards cannot be used as a method of payment for subscriptions.
4a Please note that due to circumstances outside our control we are now unable to ship to European countries.
4b All goods purchased on our website will be delivered to the best of our ability, and in line with the responsibilities as laid out in the information on our Shipping Information Page here.
4c Willie’s Cacao reserves the right to refuse deliveries to any address or country.
4d It is the customer’s sole responsibility to contact the delivery company directly on all matters to do with the delivery of any orders. This includes contacting the delivery company directly to give them delivery notes, tracking orders and re-arranging deliveries if needs be, or if notification is received that the delivery has been missed.
4e Willie’s Cacao will not check or verify addresses or messages to the delivery company supplied by the customer. It is the customer’s responsibility to ensure that the address is correct. If the address is incorrect and the parcel is not received Willie’s Cacao will not refund the order.
4f Should in any circumstance Willie’s Cacao agree to re-direct or return an order, the cost of the delivery will not be refunded to the customer.
4g It is the customer’s responsibility to ensure that an appropriate person is available at the delivery address at all times during a delivery time slot, if a delivery time slot has been specified by the delivery company, and that access to the address is easy. If no-one is at the address when the delivery is attempted the goods might be retained by the delivery company and they will leave notification of delivery. It is the customer’s responsibility to re-arrange delivery directly with the delivery company.
4h If a delivery is not received during the stated delivery time frame (on UK orders 3-4 working days estimated from dispatch for Royal Mail, this service is not guaranteed but trackable, 1-2 working days guaranteed from dispatch for DPD, or otherwise as stated) then at the end of these time periods it is the customer’s sole responsibility to contact Willie’s Cacao to alert them to a non-delivery. Orders to Scotland, Northern Ireland, The Scottish Highlands & Islands and far away UK destinations can take a few days longer than UK mainland deliveries whether dispatched via Royal Mail or Dpd. If the customer does not contact us within 21 days of the planned delivery time period, Willie’s Cacao will consider the order completed and closed.
4i In some rare cases, we will not be able to offer the ‘Free DPD delivery of orders over £50’ to Northern Ireland and far away UK destinations. This will be automatically calculated by our shipping system at checkout, once the customer input their address. The delivery charge will revert to Royal Mail. We do apologies for the trouble this may cause.
4j DPD’s 1- 2 working days delivery service applies to working days not to Saturdays or Sundays. So if you order after 8.30am on a Thursday, it is likely that you won’t receive it until the following Monday. Customers must remember that dispatch of orders is excluded from timetable and takes 1 -2 working days.
4h Please note that due to circumstances outside our control we are now unable to ship to European countries.
5. INTERNATIONAL DELIVERIES
5a It is the customer’s sole responsibility to check with each delivery country if any customs charges, requirements, or restrictions, including any related to Covid-19, exist before placing an order.
5b All customs charges, taxes, fees and levies from any country outside the UK, if applicable, will be the customer’s sole responsibility. This includes any exceptional fees for example those related to Covid-19.
5c Compliance with all trade controls, sanctions, restrictions, and rules including those related to Covid-19 that may be applied to goods supplied by Willie’s Cacao once the order has left the UK by any country outside the UK, will be the customer’s sole responsibility. Willie’s Cacao will not refund or replace orders that are refused and/or returned due to any of these issues.
5e 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 and the order will not be refunded. It is the customer sole responsibility to check temperature at destination before ordering.
5f Please be aware delivery to fare away Oversea destinations can take up to 4 weeks from dispatch.
6. DEFECTIVE GOODS, RETURN AND REFUND POLICY
6a Willie’s Cacao cannot be held responsible for any of its chocolate that has been bought from other retailers. Issue with these items should be taken directly to the retailer they were purchased from.
6b We guarantee the quality of our products purchased directly from us at the point they leave our warehouse. All our chocolates have gone through many quality checks and are stored in a temperature controlled environment. We ask every customer to store their chocolate in a cool dry place as soon as they receive it.
6c Willie’s Cacao asks that every customer purchasing directly from Willie’s Cacao checks their order/chocolate within the first 7 days of receiving it and to notifies Willie’s Cacao of any dissatisfaction within that time frame. Willie’s Cacao will not be held responsible for replacing or refunding any item after this time period. If there is a problem please notify us with as much information as possible eg photos of the back of the box showing the BBE date, and photos of the product and descriptions of the problem. If possible please keep the chocolate in case we need to have it returned to us.
6e Willie’s Cacao will not refund or replace UK or International orders
If we have received tracking proof that the goods have been delivered
If the goods are not received because the customer is not present
If the goods are not received because the delivery address was incorrect
If the goods are not received because the courier could not gain access to the address
If the order is refused when the correct order has been dispatched
If a request for refund or replacement is received more than 7 days after receiving a delivery
If a request for refund or replacement of goods not delivered is received more than 21 days after the time period in which they should have been delivered.
6f Willie’s Cacao will refund or replace orders
If the goods are not what have been ordered.
If the goods are of an incorrect quantity
If the goods are found to have been defective at the point the goods left the Willie’s Cacao’s warehouse
If an order has been lost by the delivery company and no attempt has been made at delivery, subject to the exclusions in 6d.
6g For any order qualifying for a refund or replacement, we will email you giving you the choice to see the sum debited to us to be re-credited to your account, or for the product to be replaced by a suitable product within 30 days of your order. Our liability will be limited to the price of the goods specifically qualifying for the refund or replacement plus the cost of delivery.
6h We will arrange with you for any incorrect goods to be returned to us. Please note that the goods must not be used and must be in good condition.
7. AVAILABILITY, AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
7a An order may be cancelled if it has not been dispatched. Once an order has been dispatched we cannot accept cancellation and therefore orders will not refunded even if refused and returned.
7b Products are ordered subject to availability. For some gift sets and hampers it is stated on the website that flavours may vary or substitutions of similar products can be made; these products are bought on this basis. If any other goods are out of stock, we will notify you via e-mail of the availability date, and give you the choice of delaying your whole order until that date, or taking a substitute product or taking a refund for the out of stock item.
7c The Right of Withdrawal of 8 days does not apply to contracts for the supply of perishable food goods including chocolate.
8. GIFT CARDS
Willie’s Cacao Gift Cards are sold subject to the following terms and conditions:
8a Gift Cards are valid for 18 months from the date of purchase.
8b Gift Cards can be redeemed against all products on https://www.williescacao.com
8c Gift Cards cannot be returned or refunded and are non-transferable.
8d 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.
8e Willie’s Cacao is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.
8f Willie’s Cacao reserves the right to cancel a Gift Card if we deem such action necessary
9. WARRANTY AND LIABILITY
9a 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.
9b In addition to paragraph 6f 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.
9c 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.
10. CUSTOMER COMPLAINTS
10a Any Customer complaints should be addressed to us via the e-mail address which is listed on our website on the “Contact Us” page.
10b Complaints about Willie’s Cacao goods bought from a third party retailer should be taken directly to that retailer.
10c Although full agreement can’t always be reached, every customer’s complaint will be reviewed and dealt with as fairly as possible. Willie’s Cacao will reply to customers in a friendly manner and will expect the same from every customer. Willie’s Cacao reserves the right to refuse to refund or replace products if a customer is abusive to their staff.
11a 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.
11b 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.
11c 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 Willie’s Cacao Ltd.
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.