Terms & Conditions At No12 Chocolatier

we want to ensure we bring you our great products and service in the right way, so below are our terms and conditions which apply when you are ordering products from our website and which we regularly update in line with legal requirements.

We make sure that we handle any personal information you provide to us in accordance with the Data Protection Act 1998. For more information on how we handle your personal data, please see our Privacy Policy.

Any documents or links which we refer to in these terms and conditions form part of these terms. Please read these terms and conditions carefully and check you understand them before ordering products from our site. By ordering any of our products, you agree to be bound by these terms and conditions (including our privacy policy, delivery information etc.)

We may change these conditions from time to time to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. Each time you order products from us, you should check these terms and conditions to make sure you understand what terms will apply to our contract with you at that time. These terms and any contract between us will only be in the English language.

Contact Details

No12 Chocolatier (located at www.no12chocolatier.co.uk) operates and main trading office is at 12 High Street, Kirton in Lindsey, Gainsborough, Lincolnshire, DN21 4LU. If you need to contact us, or wish to make a complaint, please email us at no12chocolatier@outlook.com.

Products

All products shown on our site are subject to availability. If the product you have ordered is not available, we may substitute your product for a substantially similar product of equal or higher value. Of course, if time allows, we will attempt to contact you in relation to the proposed substitution, but as most orders are time critical, we may not have time to get in touch with you. However, if the main characteristics of the goods are different to the goods ordered, we will give you the option to reconfirm or cancel your order.

If we are unable to supply you with a product because of an error in the price on our site, we will inform you of this by email and we will not process your order. Our truffles have a shelf-life of 6-8 weeks, unless otherwise specified in the product description. The shelf life for other products vary but will state on the packaging. The images of the products on our site are for illustrative purposes only and your products may vary slightly from those images. We are under a legal duty to supply goods that conform with the contract agreed between us.

Our Contract with You

These terms and conditions will apply to any contract between us for the sale of products to you. To place an order on our site for a particular product, please click “Add to cart”. You can then click on ‘cart’ at the top of the page and follow the steps (including providing payment and delivery information) to complete your order.

After placing an order, you will receive an email from us acknowledging the contents and any personalisation of your order. However, please note that this does not mean that your order has been accepted. Your order will only be accepted by us (and a contract formed) when we dispatch the products to you. We will send you an email confirming that the products have been dispatched (order fulfilment notice).

Online Pricing

Where possible, we try to offer the same discounts and promotions you would find in store; however, we also offer a number of online exclusive offers which will not be available instore. If you have any queries about our offers, please contact us at no12chocolatier@outlook.com. We are open Tuesday to Saturday 9.30am to 5.30pm.

Delivery

We use several couriers, including Hermes, Parcelforce, UPS and Royal Mail in order to provide the highest possible level of service, wherever you are and whatever your specific requirements. Delivery dates are given in good faith but are not guaranteed. Such dates are approximate only and not of any contractual effect and the seller shall not incur any liability by reasons of failure to deliver on any particular date or dates. Delivery will be completed when we deliver the products to the address you gave us and the products will be at your risk and responsibility from completion of delivery. You own the products once we have received payment in full, including all applicable delivery charges.

Refunds and Returns

We strive to deliver the delicious chocolates you have bought from us to you in perfect condition and on time. When you buy goods from a business, in law you have several rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed.

Unfortunately, damage and delay are the only situations where we can offer a refund or replacement for personalised items, custom-made or perishable items. For these items, you do not otherwise have a right to cancel your order or any contract between us and we are not otherwise able to offer refunds or allow for a return of those items, in accordance with the Consumer Contract Regulations 2013.

Please note, you will have three months from the date your order is accepted to contact us in relation to any issues or complaints concerning the delivery of your order (e.g. non-delivery of orders or damaged goods received). We are unable to investigate any issues after this amount of time has lapsed and, therefore, will not be able to offer a refund or replacement product.

Personalisation

We want to give your chocolates that personal touch, but we do reserve the right to reject icing messages if they are deemed to contain offensive language, are defamatory in nature or it could be misinterpreted by the wider community or viewed as inappropriate. This is the same for printed order messages etc. and associated writers will not be held responsible or liable for any offence caused by any messages we are asked to write. If you think that, in the case of your particular message, we are being too strict, please email us on no12chocolatier@outlook.com and let us know. We will investigate each such case individually in order to reach a satisfactory solution.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control. We will endeavour to keep business as normal, any updates or changes to business will be provided on our website home page.

Pricing and Payment

We accept payment by Visa and Mastercard, all payments are processed via PayPal. All orders are positively credit card sanctioned prior to dispatch, so please ensure that the details you provide us with are correct. We require you to supply the registered address of the credit card holder which is used to validate your order with your credit card company. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.

The total value of your order will be displayed on the order confirmation screen. The displayed price is the amount in pounds sterling. If you are ordering from outside the UK, we will apply an appropriate exchange rate.

Prices for our products are as quoted on our site and may change from time to time, but changes will not affect any order after we have dispatched the products relating to that order. The price of our products does not include delivery charges, which are quoted on our site from time to time.

Our Website contains many of our products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If a product's correct price is higher than the price stated on our website, we may at our discretion reject your order without liability to you and notify you of such rejection. We are under no obligation to supply products to you at an incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a pricing error.

Our liability

This section only applies if you are a consumer. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or contemplated by you and us at the time when we entered into the contract.

We only supply the products for domestic and private use. You agree not to use the products for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a contract that is genuinely caused by an event out of our reasonable control.

Corporate Orders

This section only applies if you are placing an order on behalf of a business. If you are purchasing products from our site on behalf of a business, you confirm that you have the authority to bind that business. These terms and conditions (and all documents referred to in them) constitute the entire agreement between you and us and supersedes all previous agreements, whether written or oral, relating to its subject matter. In entering into a contract with us, you acknowledge that you do not rely on any statement or representation that is not set out in these terms or documents referred to in these terms. Neither of us will have any claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.

We only supply our products to you for internal use and you agree not to use the product for re-sale purposes. Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the products and any representative, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring that the products are suitable for your purposes.

We will under no circumstances be liable to you for loss of profits, sales, business, revenue, business opportunity, anticipated savings, goodwill or any indirect or consequential loss. Nothing in these conditions limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law.

Subject to the above paragraph, our total liability to you in respect of all losses arising in connection with the contract (whether in contract, tort (including negligence), breach of statutory duty or otherwise) will not exceed 100% of the price of the products.

We reserve the right to amend delivery charges where necessary for corporate orders placed via the website, as the website delivery options are for consumer orders which do not exceed standard delivery costs. Additional costs will apply where a large number of items are ordered or where delivery to multiple addresses is requested.

Wholesale

If you would like to stock our chocolates, please contact us at no12chocolatier@outlook.com for more information and what we can do for you.

When you place an order, either by telephone or in writing, we will treat it as an offer to buy. If we accept your order, we will send you a confirmation e-mail with your order number, at which point we make a legal contract with you. However, we will be entitled to refuse to accept your order if we feel it necessary, in which case we will e-mail you as soon as we can to let you know. When you receive your e-mail confirmation, you will have an opportunity to check the details. Upon receiving the goods, they should be inspected by the customer. The company will not be liable for the shortages, faulty or damaged goods unless notified within 48 hours of the receipt of the goods and no further claims will be entertained after this period. The terms and conditions above apply to wholesale.

Privacy Notice

This policy notice explains:

• Who we are

• Our privacy and information protection commitment

• Personal information types

• Personal information responsibilities

• Legal basis on which No12 stores personal information

• Personal information that No12 collects

• How personal information is used

• How information obtained through internet is handled

• How No12 involves ‘third parties’

• Individuals rights regarding their personal information

• Retention of personal information

• Personal information safety

• Privacy and Information Protection Policy changes

• How to communicate concerns

• How to contact us

Who we are

We are the No12 Chocolatier (“No12”) of 12 High Street, Kirton in Lindsey, Gainsborough, Lincolnshire, DN21 4LU.

Our privacy information protection commitment

We are committed to protecting your privacy and information. We will use the information that you consent to us having in accordance with the EU or UK regulations with which we are required to comply. We aim to be clear when we collect your information and to assure you that we will not process it in ways that you have not consented to. This privacy notice sets out the ways in which we will strive to achieve our commitment and for how we will meet your personal rights with regards to the personal information that we hold.

Personal information types

Personal information is any information that identifies or can be used to identify an individual. No12 restricts the information that it asks for to title, name, postal address, contact email, contact telephone, payment details (i.e. your bank name, account number and sort code, your card’s security/CVV code – Don’t worry we do not keep these) and also social media information, if you choose to link your social media accounts with us. No12 may also hold personal information that is available publicly.

Personal information responsibilities

No12 is responsible for controlling the personal information that it collects and processes and which it contracts third parties to process on our behalf (see Third Parties below).

Legal basis for storing and processing personal information

No12 are required to have a legal basis for storing and processing personal information. The legal basis that No12 applies are ‘consent’ for performance of contract. We are permitted by Data Protection Legislation to process your personal data in the way that we do because the processing is necessary: for the performance of our contract to provide you with products or services you have purchased or in order to take steps at your request prior to you entering into that contract; in order to comply with a legal obligation to which we are subject.

Personal information that No12 collects

No12 asks for personal information:

• When you place an order in store or online

• When you contact No12 Chocolatier by telephone or email

• When you book an event i.e. chocolate making course

• When you enter a prize draw or competition run by No12 Chocolatier

• When you complete a survey from No12 Chocolatier or give us feedback

• When completing any forms for transactional, employment or other purposes

How personal information is used

We will never share personal information with anyone without your consent. We will never sell or rent your personal information. We may be obliged to give information to relevant authorities if required to by law, in which case we will comply with judicial proceedings.

We use your personal information:

• To keep you informed of your order

• To deliver your order to you

• To respond to information you have asked for

How No12 involves ‘third parties’

Our third-party providers are required through our contract with them to only process your personal information in ways for which you have consented and to ensure that it is always secure .

No12’s processing providers are:

• Squarespace; analytics from the website; how many visitors and what they are buying

• Paypal; payment from the online store and in store

• Companies that are linked to when you make a purchase with us, like our payment service providers, delivery companies, to help us fulfil your order.

• Sellers within our store, if you have ordered one of their products, so they can contact you about your order is required

Individuals rights regarding their personal information

You have a right to ask for the deletion of all personal information held by us or third parties without undue delay.

Personal information held is no longer necessary in the relation to the purposes for which it was originally collected.

The personal data has to be erased to comply with a legal obligation

You have a right to prohibit the use of your personal information.

Personal information will only ever be used for the purposes for which you have consented (i.e. opted-in). However, should you want to object to the use of your information you should use the contact details at the end of this policy.

You have a right to ask for incomplete personal information to be completed or for incorrect information be corrected.

For personal information provided when completing the contract

You have a right to access your personal information in order to know what is held and how it is being used.

You can also ask No12 to provide the details of the information that is held. Such requests should be made to the contact shown at the end of this policy. Requests will be satisfied within 40 days of being received and will be free of charge unless deemed to be manifestly unfounded or excessive, particularly if repetitive, in such cases a reasonable fee to meet administrative costs will be made.

Retention of personal information

We only retain information for as long as it is required for the purposes set out above or as may be required to comply with a legal or regulatory obligation to which we are subject. If it is reasonably necessary or required to resolve a dispute, prevent fraud and abuse, or enforce our terms and conditions, we may keep hold of some of your information, even after it is no longer needed to provide products or services to you. No12 will retain contractual information for a period of 3 months for orders that have been posted out. This is kept as proof of postage in case we have any queries come through at a later stage. Once this period has been, we will destroy the data.

Personal information safety

Your personal information will always be held securely, access will be strictly controlled and stored and processed only by No12 or by the Third Parties mentioned earlier that are compliant with the regulations that we are required to follow. The transmission of information over the internet is not completely secure. We will do our utmost to protect your personal information, but we cannot guarantee the security of the information transmitted to our website and any transmission is at your own risk.

Cookies

What is a Cookie?

Cookies are small files of numbers and letters stored on a device (e.g. computer, laptop, smartphone) when a user accesses a website. They are designed to hold a modest amount of data specific to a particular client and/or website, and can be accessed either via the web server, or the client computer. Cookies allow our website to recognise devices and remember information regarding preferences e.g. if you have created a personalised homepage, or if you have put something into the cart. Cookies don’t tell us who you are, and you can determine whether to allow cookies onto your computer. We use two particular types of cookies on our website. Our website uses Functional cookies. These cookies allow us to analyse site usage so we can measure and improve performance, it does not store personal information.

Google Analytics

Our website uses Google Tag Manager (GTM) for its tracking and analytics, and to observe statistics and adapt and improve online services. The cookies used trace traffic anonymously across the website, where the data is collated within Google Analytics.

Privacy Notice Changes

We may change this Privacy Policy from time to time. If we make any significant changes in the way we treat your personal information we will make this clear, both on our website and by contacting you directly.

How to communicate concerns

If you require any clarification regarding our information practices, or if you feel we could improve the way we use your information or inform you of how we will use it, please contact us using the details below. If you feel we have failed in our duty to protect your information or to inform you of how we will use it, you are entitled to express your concerns to an independent body. You can find information on how to express your concerns at the Information Commissioners’ Office, https://ico.org.uk/concerns/ .

How to contact us

Email: no12chocolatier@outlook.com

Telephone: 07723 344 721

Post: No12 Chocolatier, 12 High Street, Kirton in Lindsey, Gainsborough, Lincolnshire, DN21 4LU