Terms & Conditions
PLEASE NOTE
Due to the fresh nature of our products, some delivery dates may be restricted by the items or combination of items in your basket.
We are currently unable to ship outside of the UK, please call our Customer Service Team on 01665 712644 or email info@cabossechocolates.co.uk for further details.
Website Terms of Use
Version: Tuesday 11th August 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT HOW YOU MAY USE THIS WEBSITE
- The terms on which you may use our website
-
- These Terms of Use (together with the other documents referred to below) set out the terms on which you may use our website www.cabossechocolates.co.uk.
- You should read these Terms of Use carefully before using our website, as by using our website you are confirming that you accept these Terms of Use and that you will comply with them.
- If you don’t accept these Terms of Use you should leave our website immediately.
- By using our website you are consenting to us processing any personal data that you provide to us or that we collect from you as a result of your use of our website.
- If you buy any products from our website our terms and conditions of sale will apply to the sale.
- You are responsible for ensuring that anyone else who accesses our website through your internet connection is aware of these Terms of Use and the policies referred to above and that they comply with them.
- Changes to these Terms of Use and our other policies
-
- We make changes to these Terms of Use from time to time. You should therefore check these Terms of Use whenever you return to our website to see whether any changes have been made, as these will be binding on you.
- About us
-
- We, CABOSSE Ltd, operate this website at www.cabossechocolates.co.uk. We are a company registered in England and Wales under company number 6259854 and our registered office is at 5, Dial Place, Warkworth, Morpeth, NE65 0UR England.
-
- Our main trading address is at 5, Dial Place, Warkworth, Morpeth, NE65 0UR England. Our VAT number is 971891281.
-
- You can contact us:
By email at info@cabossechocolates.co.uk
By phone at 01665 712644.
By post at 5, Dial Place, Warkworth, Morpeth, NE65 0UR England - We are a limited company.
- You can contact us:
- Restrictions on your use of our website
-
- You may only use our website for lawful purposes.
- In addition, you must not:
- use our website to send or transmit, whether directly or indirectly, unsolicited or unauthorised advertising or promotional material, chain letters or pyramid selling schemes;
- use our website for mail bombing or flooding or to make deliberate attempts to overload a system;
- knowingly or recklessly introduce to our website, or use our website to transmit, any viruses, trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, malware, adware or other materials which are malicious or harmful;
- attempt to gain unauthorised access to our website, the server, equipment or network on which our website is stored, any server, computer or database connected to our website or any software;
- use our website to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
- use our website to monitor data or traffic on any network or system;
- use our website to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
- use our website to distribute software;
- carry out a denial-of-service attack or a distributed denial-of-service attack on our website or use our website to carry out any such attack on any other website;
- use our website to groom, harm or take advantage of minors in any way or to attempt to do so; or
- use our website in violation of export laws, controls, regulations or sanction policies of the United Kingdom or any other country.
- Passwords and security requirements
-
- If you register an account on our website you must provide accurate and complete registration information and keep that information up to date at all times.
- You may need a user identification code and password in order to access certain parts of our website. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person.
- If you think that somebody else might know your user identification code and/or password then you must log in to your account and change these as soon as possible.
- We reserve the right to disable your user identification code and/or password at any time if, in our reasonable opinion, you fail to comply with any of these Terms of Use or if we consider that there may be a security risk.
- Our website and its content
-
- We do not guarantee that access to our website, or the content on it, will always be available or uninterrupted. Your right to access our website is given on a temporary basis only.
- We reserve the right to change our website and the content on it, including without limitation by adding or removing content or functionality, at any time.
- We make no warranties, representations, undertakings or guarantees that our website or any content on it will be free from errors or omissions.
- The content on our website is provided for general information purposes only.
- We make no warranties, representations, undertakings or guarantees that our website is secure or free from bugs or viruses. You are responsible for ensuring that the device from which you access our website has suitable anti-virus software in place.
- Intellectual property rights
-
- We, or our licensors, own the intellectual property rights in our website and all content on it.
- You may download content from our website and/or print a reasonable number of copies of any page on our website. You must not make any changes to any content which you have downloaded or printed from our website. If you reproduce the downloaded or printed content in any medium you must ensure that you reproduce it accurately and completely and include a statement acknowledging that it is sourced from our website.
- If you use, download, print or reproduce content from our website in breach of these Terms of Use your right to use our website will immediately end and you must return to us or destroy (at our option) all digital and paper copies of the content that you have made.
- Links from our website to other websites
-
- Our website may contain links to other websites from time to time. These links are provided for your convenience. We have no control over, and no responsibility or liability for, those other websites or their content.
- Links from other websites to our website
-
- You may create a link to our website from another website, but only if you comply with the following conditions:
- you may only link to our website from a website which you own, or which is owned by a third party who has given you permission to link to our website; and
- you must not suggest that we have any association with you or that we approve or endorse your website or any of your products or services unless we expressly agree that you can do so.
- We reserve the right to require you to remove any link to our website at any time and without giving you prior notice.
- You may create a link to our website from another website, but only if you comply with the following conditions:
- 10.Our liability to you
-
- Nothing in these Terms of Use limits or excludes our liability to you for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation; or
- any other matter for which we are not permitted by law to exclude or limit our liability.
- All warranties, conditions and other terms relating to our website and/or its content which would otherwise be implied by law (whether by statute, common law or otherwise) are excluded.
- We will not be liable to you for any loss or damage arising out of or in connection with your use of (or inability to use) our website or your use of or reliance upon any content on our website, whether in contract, tort (including without limitation negligence), misrepresentation, restitution, under statute or otherwise.
- If you buy any products from our website our liability for those products is set out in our terms and conditions of sale..
- Nothing in these Terms of Use limits or excludes our liability to you for:
- Applicable law
-
- If you are a consumer these Terms of Use are governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction to determine any dispute arising out of or in connection with them. If you are resident in Scotland you may also bring proceedings in Scotland and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland.
- If you are a business user these Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).
Terms of Sale
Version: Tuesday 11th August 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND MAKE SURE YOU UNDERSTAND THEM
Welcome to www.cabossechocolates.co.uk (the “Website“). These are our website terms and conditions of sale (“Terms of Sale“) that give you important information about the legal terms and conditions on which we sell certain goods on our Website (“Products“) to you.
- Information about us
We operate the Website. We are CABOSSE, registered in England and Wales as CABOSSE Ltd under company number 6259854 and our registered office is at 5, Dial Place, Warkworth, Morpeth, NE65 0UR England. Our main trading address is at 5, Dial Place, Warkworth, Morpeth, NE65 0UR England. Our VAT number is 971891281.
2. About these Terms of Sale
These Terms of Sale (together with our Terms and Conditions for Use of our Website) will apply to any contract between us for the sale of Products available on our Website to you (“Contract“).
By using this Website and/or placing an order you agree to be bound by these Terms of Sale. Please read these Terms of Sale carefully and make sure that you understand them before ordering any Products from our Website. You will be asked to read and agree to these Terms of Sale before you place an order for Products from our Website. If you do not agree with these Terms of Sale, do not order any Products from our Website.
We may change these Terms of Sale from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer. Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order Products, please check these Terms of Sale to ensure you understand the terms which will apply at that time.
These Terms of Sale, and any Contract between us, is only in the English language.
In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING OUR LIABILITY TO YOU AND THE LEGAL RIGHT TO CANCEL AN ORDER.
3. Product information
We have made every effort to describe and display as accurately as possible the Products that appear on the Website. However, your Products may vary slightly from those images, especially those Products which are handcrafted.
Prices, offers and Products are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation.
THE PLACING OF A PRODUCT ON OUR WEBSITE IS AN INVITATION TO ACCEPT OFFERS FOR PRODUCTS, IT IS NOT AN OFFER TO SELL AT THE LISTED PRICE NOR IS IT BINDING ON US. YOUR OFFER IS ONLY ACCEPTED WHEN YOU RECEIVE DISPATCH CONFIRMATION FROM US.
6. Delivery
UK Deliveries
For UK mainland deliveries we offer a Standard delivery option.
- Standard – £6.99 (maximum weight – 2kg)
IF OUR COURIERS DELIVER YOUR PRODUCT(S) IN ACCORDANCE WITH YOUR INSTRUCTIONS (WHETHER TO A ‘SAFE’ PLACE, OR TO A NEIGHBOUR, OR OTHERWISE) NEITHER WE NOR THEY WILL BE LIABLE FOR ANY LOSS OR THEFT OF, OR DAMAGE TO, THE ITEM FOLLOWING SUCH DELIVERY AND ANY SUCH INSTRUCTIONS ARE GIVEN ENTIRELY AT YOUR OWN RISK.
Incomplete or Inaccurate Addresses: We will attempt delivery to an address and postcode as you enter it and cannot accept liability for late or failed delivery due to an incorrect address.
In circumstances where the Products you have purchased are not delivered within the estimated delivery period confirmed in your Dispatch Confirmation, you will be entitled to treat this Contract as having come to an end. In such instances, please contact us as you may return the Product(s) which have been delivered late and receive a full refund, including any agreed return costs which you may incur.
If you have any other queries about your delivery, please call us on 01665 712644.
7. Payment
The price of the Product(s) are as set out on the Website. Your order summary will confirm the price payable by you for the selected Product(s).
We accept MasterCard, Visa Credit, Visa Debit and Visa Electron.
Your card will be charged when you place your order.
ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL YOU RECEIVE OUR DISPATCH CONFIRMATION EMAIL AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.
Payment card validation
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the checkout stage and there is nothing we can do to override this.
In processing your order, we may use your information for the purposes of the prevention and detection of fraud and we may disclose your address and postcode details as part of our fraud prevention checks. At all times where we disclose your information it will remain secure.
8. Your legal right to cancel without reason
You have a legal right to cancel your Contract with us within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which the purchased Products come into your physical possession, or a third party other than the carrier and indicated by you acquires physical possession of the purchased Products.
To exercise the right to cancel, you must inform us of your decision to cancel your Contract by making a clear statement (e.g. letter, email or on the telephone) to us that you wish to cancel your Contract, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
Order cancellations can also be made to us at info@cabossechocolates.co.uk, or by contacting our customer service team on 01665 712644 , or by post to CABOSSE 5, Dial Place, Warkworth, Morpeth, NE65 0UR England.
If you are emailing us or writing to us, please quote your order number so as to help us identify your order.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You must send back the purchased Products to us at CABOSSE 5, Dial Place, Warkworth, Morpeth, NE65 0UR England without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of this Contract to us.
The deadline is met if you send back the purchased Products to us before the period of 14 days has expired.
You will have to bear the direct cost of returning the Products to us. We suggest that you obtain proof of postage in relation to any such returns. Please follow our returns procedure set out in Schedule 2 when returning Products in relation to which you are exercising your legal right to cancel.
Effects of cancellation
If you cancel this Contract, any money you have paid, including the costs of delivery (with the exception of any supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery ), will be reimbursed to you.
We may make a deduction from the reimbursement for loss in value of any purchased Products supplied, if the loss is the result of unnecessary handling by you.
You are only liable for any diminished value of the purchased Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the purchased Products you have received.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any purchased Products supplied; or
- if there were no purchased Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
If after this time you haven’t received your refund, please contact us.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless (at our absolute discretion) we have expressly agreed otherwise with you, and in any event, you will not incur any fees as a result of the reimbursement.
Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Dispatch Confirmation.
9. Circumstances excluding your legal right to cancel without reason
Notwithstanding paragraph 8 of these Terms of Sale, your legal right to cancel your Contract with us within 14 days of receiving the Product(s) does not apply in the case of any Product ordered by you that is:
- sealed for health protection or hygiene purposes, once it has been unsealed after you receive it; or
- Have been opened and consumed.
10. Faulty or mis-described Products
In addition to your legal right to cancel without reason, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us.
If we have made a mistake, or you receive Products that are faulty, damaged or unfit for purpose, please return them to us by post.
Upon receipt, the Products will be examined by CABOSSE to determine any fault. If the Product is found to be incorrect, defective or damaged, we will refund the price of the Product, the delivery charges you have paid to receive that Product (unless the faulty or mis-described Product was sent to you with other items which you are not returning) and any reasonable costs you incur in returning the item(s) to us.
11. Refunds
Refunds will be made depending on the reason why you are returning the Product(s).
All refunds will be made using the original payment method. Please note that it can take between 5 and 7 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.
12. Our liability to you
If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied under implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
- defective Products under the Consumer Protection Act 1987; and
- as of 1 October 2015 any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015.
As a consumer, you will always have legal rights (including statutory remedies) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies) in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.
Advice about your legal rights (including statutory remedies) are available from your local Citizens’ Advice Bureau or Trading Standards office.
13. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. Other important terms.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms of Sale are governed by the laws of England and Wales. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15. Complaints Procedure
In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us.
Please call us on 01665 712644 between 10:00am and 4:00 pm or put your complaint in writing and send it to us by post to CABOSSE, 5 Dial Place, Warkworth, Morpeth Northumberland NE65 0UR or by info@cabossechocolates.co.uk
Please note that our opening hours may be extended on a seasonal basis.
We aim to provide an initial response to a complaint by email within 24 hours from receipt or the next working day (excluding public holidays). This may change during busy periods.
SCHEDULE 1
Model Cancellation Form
Please complete this order cancellation form and send it to us by email at admin@cabossechocolates.co.uk.
or by post to CABOSSE, 5 Dial Place, Warkworth, Morpeth Northumberland NE65 0UR
To: CABOSSE
I [customer name] hereby give notice that I [customer name] cancel my order of sale of the following goods:
Ordered on:
Received on:
Order reference number:
Name of customer:
Address of customer:
Date:
SCHEDULE 2
Returns Information
Returning an item(s) to us couldn’t be easier! Simply fill out the returns information below and post it back to us at CABOSSE, 5 Dial Place, Warkworth, Morpeth Northumberland NE65 0UR.
Please ensure your item(s) are securely packed and properly labelled. You will be responsible for taking care of the Products until they are returned to us. Enclose the item(s) with your completed returns form in the delivery package.
Should you have any issues, please contact us by email at customer.service@bettys.co.uk or call us on 0800 456 1919, or if you are calling from outside the UK on +44(0)1423 814008 between 8.30 am and 5.30 pm Monday to Friday (excluding bank holidays) and we will be happy to help.
I [customer name] am returning the enclosed item(s) as stated in my email, letter or phone call for the reason of:
Reason:
Ordered on:
Received on:
Order reference number:
Name of customer:
Address of customer:
Date: