Terms and Conditions
All sales by The Chocolate People are subject to these Terms and Conditions, we regret we are unable to accept any conflicting terms of purchase. It may be necessary to alter or amend these terms and conditions from time to time.
Making A Purchase
Payment in full is due when placing an order. If you wish to open a credit account please email us for a credit application form. New accounts will initially be opened on a proforma basis (payment in advance) A credit account can be applied for at any time but is subject to our approval. Payment for account customers must be made in 28 days of the invoice date. All accounts overdue by more than 28 days will automatically be transferred to a debt collector. The customer accepts the cost of the collect and subsequent legal action will be payable by the customer in full. The Chocolate People reserve the right to charge interest at the rate of 2% per month on the invoiced price of the goods where the payment due date (as specified above) has been exceeded. This will apply until the invoice price has been paid in full. For all orders placed overseas payment by bank transfer is the only payment method accepted.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
We will not be held responsible for failure or delay in carrying out our obligations under the contract arising out of any cause outside of our reasonable control or by the inability to procure materials or articles except at a higher price due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
Retention of Risk and Title
The risk in the goods shall pass to you on delivery. All goods, delivered or not, remain our property until payment in full is received. Until such time payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property, and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance to these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable license to enter your premises for the said purposes. Title of goods supplied remain vested in the seller until the invoice price has been paid in full.
Most of our products are made to order. This gives you the longest shelf life available. Generally 12 months for chocolate bars and solid chocolate products such as neapolitans and 9 months for boxes of promotional chocolates.
Due to the manufacturing processes involved final quantities can vary +/_ 10% and you will be charged contract rate for the quantity delivered. Tools of all kinds, moulds, films, drawings and any necessary tool required for production remain our property irrespective if the purchaser contributes to the production costs. Any moulds, tools, cliches, etc required for special designs will be kept for 12 months before destroying if no re-order is received during this time.
You warrant that you are the author, licensee or assignee of all text, logos, artwork and any other materials (“Material”) supplied by You to us and are authorised to supply such Material to be displayed on our products. To the extent permitted by law we hereby expressly exclude any liability where Material supplied by you infringes the intellectual property rights of any third party and any direct, indirect or consequential loss or damage incurred by any third party in connection with the display of such infringing Material on our products, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of goodwill or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We are the distributor (and not a publisher) of Material supplied by You.
We reserve the right to alter any details or designs of products illustrated without notice and while every effort is made to describe goods accurately in the catalogue no warranty is given to accuracy and no responsibility will be accepted for error or misdesriptions and any resulting loss.
We keep our website and catalogues constantly updated using updated images of our work. This may mean that your text, logos, artwork and any other materials (“Material”) provide by you to us may be photographed and included in our promotional materials. By agreeing to our terms and conditions you authorise us to use your Materials for these purposes. If you do not wish your personalised products to be photographed you must notify us in writing when placing your order or within 7 days from placing an order with us.