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These online shopping terms and conditions ("On-line Shopping Terms and Conditions") apply to all orders which you, the customer ("you" or "your"), place using this website "www.therudechocolatecompany.com" ("Website"), operated by us, The Rude Chocolate Company ("we" "us" or "our"). Please read them carefully before placing your order and print a copy for future reference. By clicking on the "Accept" button you accept and agree to be bound by these On-line Shopping Terms and Conditions, the Privacy Statement and such other policies as we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these On-line Shopping Terms and Conditions affects your statutory rights, either as a consumer or otherwise. As our products contain perishable items and items with a rapid expiry date, your statutory right to withdraw purchases within the seven working day "cooling-off" period does not apply to these items. Availability of Items and Substitution We accept orders for items subject to availability. If for any reason the items you ordered are no longer available, we will contact you using the contact details you supplied when placing your order and either offer you an alternative item of equivalent quality and price if this is possible; or cancel the item from your order and give you a full refund in respect of that item. If we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply. Privacy and Communications When you place your order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). To fulfil our obligations to you under these On-line Shopping Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications be in writing. The contract between us When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an email summarizing the details of your order ("Order Confirmation E-mail"). We accept your order only when we send an e-mail confirming that we have despatched the items in your order ("Despatch Confirmation E-mail"). The contract between us is formed at the point we send the Despatch Confirmation E-mail in respect of those items mentioned in the Despatch Confirmation E-mail. If your order contained a number of items and the Despatch Confirmation E-mail mentions on some of them, those items which have yet to be despatched to you do not form part of that contract. Prices Products are invoiced in GBP sterling at the price prevailing at the time you place your order. Delivery is charged extra. Please note charges during Checkout Process. Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled. We reserve the right to update prices displayed on the Website from time to time. Payment You may pay for the items which you order online by supplying your credit/debit card details on the secure online order form. We regret that we cannot accept cheques or cash as payment online. When you place your order, our system automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order. Please note that we cannot guarantee the security of data when you send us by email. Accordingly please do not send us payment information using email. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order. Delivery We make every effort to despatch items in a timely manner. If the items are not delivered within the time period we specify in the Confirmation Email, please contact us quoting the order reference contained in your Order Confirmation Email. Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full. Delivery to addresses within the UK is normally within 3-5 working days. We will advise on expected delivery times for addresses outside of UK mainland at the time of the order confirmation. Product Information The Rude Chocolate Company reserves the right to substitute it with an item of equal or greater value than the original, or issue a refund for the product. The items photographed contain only the items listed. Some of the items available for purchase contain intoxicating liquor. By placing an order for an alcoholic product, you confirm that you are aged 18 or over. Cancellations If you wish to cancel your order, please contact us as quickly as possible. As we try to process orders immediately it may not always be possible to prevent an order from being despatched. Please note that once we have despatched items to you, you will not be able to cancel the order. As soon as we receive notice of your cancellation of an item we will refund the relevant part of the purchase price for that item together with the item's normal postage charge. We cannot refund any priority, express or courier component of the postage charge. Right to withdraw purchases within "cooling off" period As our products contain perishable items, the right to a "cooling off" period does not apply. Losses We will be responsible for any losses you suffer as a direct result of us breaching these On-line Shopping Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract for the sale of items by us to you was formed (i.e. at the point we send the Despatch Confirmation E-mail to you). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed. Our liability to you under these On-Line Shopping Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these On-line Shopping Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence. Events beyond our reasonable control We will not be responsible to you for any delay or failure to comply with our obligations under these On-line Shopping Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control. Alterations to this Website and Terms and Conditions We reserve the right at any time to make changes to this Website, these On-line Shopping Terms and Conditions and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order items from the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions. |







