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Terms & Conditions

OVERVIEW

This website is operated by Dairy Free Chocolates. Throughout the site, the terms “we”, “us” and “our” refer to Dairy Free Chocolates. Dairy Free Chocolates offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1: THE RIGHT TO CANCEL

When you have placed an order with us, you are able to cancel the order with no charge until the order is dispatched by us.

You agree that we cannot be held responsible for any damage that might be caused to any goods by temperature or any other climate related conditions during transit.

Any goods which are proven to be faulty or have been incorrectly dispatched may be returned to us within 7-days of receiving them.

Non-perishable goods (this excludes chocolate) which are not faulty may be returned to us within 7-days of receiving them. The recipient agrees that they will be responsible for ensuring that any returned goods are received by us without damage, un-opened and in a condition that allows the goods to be resold at the full price.

Please note that for our perishable goods (this includes chocolate) the 7-day cooling off period from the "Consumer Protection (Distance Selling) Regulations 2000" does not apply. We are unable to accept returns for perishable goods unless proven faulty.

If you choose warehouse collection and are informed that the goods are ready for collection, the order is classed as dispatched. Orders that are then cancelled will incur a restocking fee.

In the event that we receive any returned goods in a state that is not identical to the state in which the recipient originally received them, we reserve the right to issue no or only a partial refund for the goods.

In the unlikely event of your delivery arriving damaged or faulty, please use the links on the contact page to notify us. You must do this within 7 days of receiving the faulty goods.

The customer agrees that they will be responsible for all costs incurred when returning any goods to us for any reason unless we agree otherwise. The recipient also agrees that they will ensure that we receive any returned goods. We recommend that a recorded and insured postal service is used for any returns. Please remember that you must keep proof of posting for all returns.

SECTION 2: REFUNDS

The customer agrees that unless we agree otherwise the maximum amount of any refund will be limited to the price paid for any returned goods, minus the restocking fee and will not include any additional costs whether incidental or otherwise including but not limited to any postage and
packaging costs.

SECTION 3: PRODUCT WEIGHTS

It should be noted that as with most other packed foods, the weights of all the products are approximate.

SECTION 4: POSTAGE TIMES

Any postage times stated are given purely as an estimated guide only. The actual postage times may vary greatly from those stated either verbally or in writing or by any other method.

During the summer months in the UK we reserve the right to delay chocolate deliveries to avoid heat damage. We will keep you fully informed of the situation.

SECTION 5: SIGNED FOR DELIVERIES

Some deliveries may require a signature upon delivery. If no answer is obtained at the delivery address a card will be left. The recipient will need to collect the parcel. If you are sending a gift please advise the recipient to expect a delivery. Should the recipient fail to collect the parcel and the item is returned back to us we cannot be held responsible. No refund will be due if the parcel contains chocolate as we will not know what conditions the chocolate have been held under. For parcels not containing chocolate if items are resalable a refund may be offered minus any costs
incurred.

During the summer months in the UK we reserve the right to delay chocolate deliveries to avoid heat damage. We will keep you fully informed of the situation.

SECTION 6: INTERNATIONAL DELIVERIES (OUTSIDE THE UK)

For International deliveries we advise against deliveries of chocolate to hotter climates. We have no control over the conditions the chocolate will be held in or the climate of the recipient's country. In these circumstances we cannot accept any liability for damaged or heat damaged chocolates. Any chocolate sent to International addresses are sent entirely at the risk of the person placing the order.

SECTION 7: NEXT DAY DELIVERIES

If you choose either the Next Day or Friday Special delivery as your postage option the parcel will require a signature upon receipt at the delivery address. In the event that no-one is present or able to provide a signature at the delivery address you agree that we cannot be held responsible for the goods not being received on the guaranteed date.

SECTION 8: MISSING PARCELS

In the unlikely event that your order goes missing in the post you agree that you will
assist to help trace the missing parcel. In the event that the parcel cannot be found
you agree that where necessary you will provide any details that may be required in
order to help us obtain any compensation that may be available to us for the loss of the item.

SECTION 9: PRODUCT IMAGES

Product images are for display purposes only. The actual product may sometimes vary slightly
in appearance.

SECTION 10: PRODUCT SUBSTITUTION

We reserve the right to substitute any items in an order with an alternative that is
similar to the original product.

SECTION 11: PRODUCT DESCRIPTIONS

Product descriptions are for general information purposes only. The actual product may sometimes vary slightly from the description given.

SECTION 12:  PRODUCT CATEGORIES & DESCRIPTIONS

For ease of use the products on our site may be sorted into categories. Some or all of these categories and product descriptions may relate to dietary requirements or food allergies.

Although we try to ensure that the products listed on the site appear within the correct categories and have the correct descriptions this cannot be guaranteed and mistakes may be made. For this reason, you must ALWAYS careful check any products that you receive before they are used. This is particularly important if you have any allergies, intolerances, religious or moral beliefs that may restrict your use or consumption of any products.

If you are still unsure after examining the product, do NOT use them until you have obtained professional advice from the manufacturer or an alternate source where possible. If you do purchase any products, which you cannot use because they may appear in the wrong category or were given an incorrect description, please contact us in order to discuss the possibility of a refund.

SECTION 13: CHARGES

We will confirm acceptance of your order in writing, by a message on the website, an email or both. If an item you order is unavailable, we will contact you as soon as possible to make alternative arrangements.

We are not liable for any technical errors and will contact you as soon as possible to resolve any problems.

In any event, your card will not be charged until your order is dispatched.

SECTION 14: VOUCHERS, PROMOTIONS & SPECIAL OFFERS

We may from time to time offer promotional prices and special offers. If you are a lucky recipient of an offer, the validity will be clearly stated to you either on the website, or on the voucher.

In the event of any problems with a voucher or promotion, please use the contact page to let us know.

SECTION 15: USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 16: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dairy Free Chocolates and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensor, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21: GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Great Britain.

SECTION 22: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.