Terms & Conditions

Terms and Conditions of Sale & Use

Please read these conditions carefully before using The Chocolate Heart Ltd website. By using this website, You signify Your agreement to be bound by these conditions. It is our mission to create gorgeous dark chocolates. As a result, we aim to deliver the best possible customer experience, and we therefore adhere to and if possible exceed, all current and proposed legislation in addition to trade body guidelines. The conditions detailed below do not affect your statutory rights according to United Kingdom law.

Definitions

Customers or visitors to this web site are referred to as “You” or “Your”

Montezuma’s Limited are referred to as “Us” or “We”. Montezuma’s Chocolates is the trading name of Montezuma’s Limited.

1. Security & Order Confirmation

When You place an order to purchase a product We will send You an e-mail confirming receipt of Your order and containing the details of Your order including transaction and order reference numbers. Your order represents an offer to Us to purchase a product which is accepted by Us when We process payment for your order.

When We accept Your order, We will send a Dispatch Confirmation E-mail. Any products on the same order which We have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract. If You have incorrectly entered Your email address Your confirmation and dispatch email may fail. So long as payment has been processed successfully this will in no way affect Your order. Failure by Us to send a receipt confirmation email or dispatch confirmation email in no way invalidates Your offer or Our acceptance of your offer.

2.Post & Packaging

Post & packing prices are based on orders to UK mainland addresses only. We send variously by Royal Mail and DHL/courier. If You have special delivery directions or the telephone number of the recipient these may be helpful to the postman or delivery driver and therefore please ensure You leave details in the appropriate field in the checkout section.

FULL VALID POST CODES are required for every order. We will not send any orders without one. If You provide an incorrect address, including the postcode, We do not accept any responsibility for a failure of an order to arrive or any costs involved in redirecting that order. Our courierDHL will not deliver to PO BOX address's.

We strive to dispatch orders within 5 days although this is not always possible. Orders may take up to 7 days to be dispatched.

Any orders received on Friday are generally not sent until Monday, this includes courier orders, which are not sent on Fridays for Saturday delivery. This is simply because We do not want Your chocolate sitting in a remote storeroom over the weekend.

In hot or extremely cold weather, We reserve the right to delay Your order until the weather has moderated. In extreme situations this can delay orders for several days.

3. Damage & Tracing Parcels

In the event that Your chocolate is damaged in transit please contact Us within 24 hours of receipt. Products received by courier should be checked before being signed for. If the exterior packaging or the product are found to be damaged You must then sign "checked and found to be damaged". If You fail to do this We may not be able to offer a refund.

If products sent by Royal Mail are not delivered please contact Us for details of the tracking and tracing procedure. If products sent by Courier and not delivered please contact Us for details of the online and telephone tracking procedure.

If orders are considered by Us to be lost in transit after a reasonable period time has elapsed we shall at Our discretion either refund or resend the order. Should You fail to collect a parcel or re arrange delivery of your parcel after a failed delivery attempt and the parcel is returned to Us by the post office or courier then You will incur a further postage charge for Us to re send the parcel back to you.

4. Overseas Orders

We only deliver to addresses in the UK and other EU countries where the billing address is in the UK.

5. Contact Details

For delivery, purchase or product queries please contact us using any of the following methods listed at the Contact Us page on the web site.

6. Prices & Product Details

All prices quoted are in £ Sterling.

We endeavour to ensure that the information shown on the web site is as accurate as possible however we cannot guarantee that information and offer no warranties as to the accuracy.

We cannot be held responsible for typographical errors on this site, including but not limited to those regarding price. We reserve the right to make changes to Our web site including prices, products, ingredients and terms & conditions without any notice being given.

All products and services are subject to availability and may be withdrawn from sale at any time. If for any reason goods ordered are not available You may be offered an alternative. This alternative will be offered by telephone or email. We will never ship an alternative product without obtaining authorisation beforehand.

7. Returns Policy

If for any reason You are not entirely satisfied with any product that You have purchased from Us, because you feel they are either damaged or faulty, You may return it to Us, at Your expense, within 7 days from the date of dispatch.

Provided it is returned in its original packaging and the product has not been consumed other than is reasonable to establish the quality of the product You are not happy with We will refund the entire purchase price including the cost of postage or alternatively we will exchange the item for you.

If Your returned chocolate is damaged, not in the original packaging or consumed more than was reasonable to establish the quality of product, We reserve the right to levy a charge commensurate with that loss.

We are unable to process returns or refunds on items that are just unsuitable or unwanted.

8. Title

The title for goods supplied remains with Us until full payment has been received.

9. Privacy Pledge

We take Your privacy very seriously and are committed to providing users with an Internet experience that respects Your privacy.

When You make a purchase we need to collect certain information to process Your transaction and fulfill Your order, You can be confident We will not disclose Your details to anybody unless required by law to do so . We do not hold your credit card details online once the order has been completed.

Our web site links to other sites. Please be aware that We are not responsible for the privacy practices of these other sites.

10. Data Security

We endeavour to take all reasonable steps to protect Your personal information. All the data collected by Us is stored on a secure server. The secure server software encrypts all information You input before it is sent to Us.

11. Data Protection Act 1998

We are not required to register under the Act (see “Core Business” exemption), however We are required to follow eight guiding principles laid down by the Act. These are:

• Fairly and lawfully processed;
• Processed for limited purposes;
• Adequate, relevant and not excessive;
• Accurate and up-to-date;
• Not kept for longer than is necessary;
• Processed in line with the data subject’s rights;
• Secure; and Not transferred to a country outside the European Economic Area (EEA), unless that country ensures the protection of the rights of the individual to whom the data relate.

12. Your Account

If You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access to Your account.

You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.and duration of any such suspension or restriction.

13. Licence for Website Access

We grant You a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent from Us. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Our web site as long as the link does not portray Us, Our products or services in a false, misleading, derogatory, or otherwise offensive matter.

14. Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You must use the website for lawful purposes only and must not use the website for any of the following:

• Fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
• In breach of copyright, trademark, confidence, privacy or any other right;
• Is otherwise injurious to third parties;
• Objectionable;
• Which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
• Causes annoyance, inconvenience or needless anxiety.

15. Copyright

All content included on the website, such as text, graphics, logos, button icons, and images belong to Us, and are protected by United Kingdom and international copyright laws.

16. Trademarks

The Chocolate Heart, Brighton Sunrise, Star Magic, Ruby Red, Fresh As! and other marks indicated on Our website are trademarks or registered trademarks of The Chocolate Heart Ltd.

Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of The Chocolate Heart Ltd and may not be used in connection with any product or service without Our written authorisation.

17. Events Beyond Our Reasonable Control

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.

18. Waiver

If You breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these conditions.

19. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales.

20. Statutory Rights

These conditions in no way affect Your statutory rights.