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.
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’.
2. PRICE AND DELIVERY CHARGES
· 2a The price of the goods will be as quoted on the website 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 Currently it is not possible to order items individually by weight.
· 2c The prices stated on the website will be inclusive of any VAT payable.
· 2d The price of the goods does not include a charge for delivery. The delivery charge is calculated automatically and shown on the website when you place your order. To find out more about our shipping charges please see our shipping charges page by clicking here.
· 2e Next day delivery is only guaranteed for orders placed before 2.30PM the previous day (Tuesday to Friday), within UK mainland. Orders placed after this time will be delivered the next working day.
3. METHODS OF PAYMENT
· 3a 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.
· 3b The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed.
· 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.
· 4a 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.
· 4b Please note that we cannot deliver to PO boxes.
· 4c 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.
· 4d 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.
· 4e We take special care to endeavour that deliveries are made within a short delivery slot and accordingly. We will not check or verify addresses and messages supplied by you. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no-one is at the address when the delivery is attempted the goods will be retained by the delivery company. They will leave notification of delivery. It is your responsibility to re-arrange delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
· 4f Should you fail to be present for your delivery we are entitled tocharge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.
· 4gOur products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery. Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.
5. DEFECTIVE GOODS, RETURN AND REFUND POLICY
· 5a We guarantee the quality of our products. You must inspect the products and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost or replace any products if one of the criteria set out below applies to the product/s delivered to you:
o – Not what you ordered;
o – Are damaged or defective;
o – The delivery is of an incorrect quantity;
o – If you do not receive the products ordered.
Once you have notified us, 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. We will arrange with you for the products to be returned to us.
6. AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
· 6a Orders may be cancelled if the product 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. After your goods have been dispatched we cannot accept cancellation.
· 6b The Right of Withdrawal of 8 days does not apply to contracts for the supply of perishable food goods including chocolate.
7. WARRANTY AND LIABILITY
· 7a 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.
· 7b In addition to paragraph 4d 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.
· 7c Other than as set out in clause 7a, 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.
8. CUSTOMER COMPLAINTS
· 8a Any Customer complaints should be addressed to us via the e-mail address and telephone numbers which are listed on our website on the “Contact Us” page.
· 9a 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.
· 9b 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.
· 9c 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 on 18 October 2010.
· 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 Ltd, July 2017