Terms and Conditions

1. Basis of Contract

1.1 Any reference to “Web Site” is to a Web Site owned and operated by Chocolate-e-Claire’s. “We, Us, Our, Ourselves” means Chocolate-e-Claire’s. “You, Your, Yourself” means the person who uses Our Web Site. “Goods” means the Goods available for purchase on Our Web Site and ordered from Us by You.

1.2 These terms and conditions shall govern the use of Our Web Site and the purchase of Goods to the exclusion of any other terms and conditions.

1.3 These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to You.

1.4 No variation to these terms and conditions shall be binding on Us unless agreed in writing between You and one of Our employees.

1.5 Our employees and/or agents are not authorised to make any representations or warranties concerning Our Web Site and/or the Goods unless confirmed by Us in writing.

1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.

1.7 We may modify these Terms and Conditions at any time and as a result there may be occasions when these Terms and Conditions or Our Website is unavailable. Any changes shall become effective on posting to Our Website. Your continued use of Our Web Site shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You.

2. Orders

2.1 We shall have the right to refuse to accept any orders placed for Goods.

2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract.

2.3 No order for Goods shall be deemed accepted by Us until We send an order confirmation to You.

2.4 Goods are subject to availability and due to the seasonal nature of Our business, some Goods may not be in stock at the time of Your order. We aim to inform You of the availability of Goods by displaying such information on the Web Site when You browse the Goods. However, if the information is displayed incorrectly and We are unable to supply You with the Goods due to the fact that they are out of stock, We will inform You by e-mail, as soon as possible. You will be given the option of (i) choosing other goods from our range or (ii) cancelling Your affected order and obtaining a full refund if We have already received payment from You for the cancelled Goods.

2.5 We use our reasonable care in compiling Our Website and the details available on it. The details are provided on an “as is” basis and we do not give any warranty express or implied as to the nature or accuracy of the details on Our Website. Nor do we accept any liability for any loss incurred as a result of any inaccuracy of the details. On the rare occasion that there is an inaccuracy, We will advise You about it as soon as possible.

2.6 Please note that any details and/or specifications of the Goods produced by Us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph depending on Your monitor display.

3. Children

3.1 We will not accept orders for the Goods from anyone under the age of 18 years. By using the Website and/or placing orders for the Goods, You confirm that You are aged 18 years or over.

4. Cancellation of Order prior to dispatch

4.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.

4.2 You have the right to cancel the contract for the purchase of Goods before any goods are dispatched to you.

4.3 The ability to cancel orders does not apply to Goods which have been received damaged, tampered with and/or otherwise used.

4.4 To cancel Your order You can email Us at chocolateeclaire2018@gmail.com with Your instructions, by entering the words “Order cancel” in the subject title, or you can call our customer service department prior to dispatch of Your items, quoting product number / Your Name and address. We will issue You with a cancellation number.

5. Delivery

5.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control.

5.2 You shall have no right to reject Goods and no right to rescind the Contract for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 21 days in which to do so and the notice has not been complied with.

5.3 We shall not be required to fulfill orders for Goods in the sequence in which they are placed. We will also only deliver orders if all of the Goods in an order are available. We are not required to deliver orders in instalments.

5.4 Delivery can only be made to mainland UK. All deliveries will be made within 7 – 10 days after date of completed order. No orders will be considered as complete until full payment and cleared funds are received by Chocolate-e-Claire’s.

6. Price and Payment

6.1 The price You pay is the price displayed in respect of the relevant Goods on this Web Site at the time We receive Your order plus the applicable delivery charges.

6.2 Delivery charges and prices are subject to change.

6.3 All prices are inclusive of VAT (where applicable) at the current rate.

6.4 While We try and ensure that all prices on Our Web Site are accurate, errors may occur. If We discover an error in the price of the Goods You have ordered, We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If we cancel an order due to an error in price and We have already received payment for the Goods, You will receive a full refund.

6.5 Payment is due at the time You place Your order. We use a third party, PayPal, or Stripe to take Your payment for the Goods by either debit or credit card. By ordering Goods from Our Web Site You are giving Us Your consent to pass details essential for purchasing Goods to PayPal, or Stripe We will not store these payment details and PayPal or Stripe will.

7. Property and Risk

7.1 Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided to Us by You.

8. Returns

Faulty Goods

8.1 If You discover the Goods are faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).

8.2 We may ask You to return the Goods to Us or we may arrange for the goods to be collected from Your possession. We may also ask you to email us a photograph to show us the damage/error.

8.3 If We agree with You that the Goods are faulty, and that the fault was not caused by Your neglect or misuse of the Goods, We will, at Your choice, replace or refund the faulty Goods at no cost to You. Where we select you to return the goods to us we will refund any reasonable costs You prove that You have incurred in returning the faulty Goods to Us. We recommend that You keep postal receipts for this purpose.

Incorrect Goods

8.4 If We send You incorrect Goods, You must notify Us as soon as You discover the mistake and within a reasonable period of time.

8.5 We will either:

a) arrange for Our carrier to collect the Goods from You; or
b) ask You to return the Goods to Us by post; and send You the correct items as soon as possible after receipt of the returned Goods.
c) Any costs incurred will be refunded for the delivery back of the incorrect goods.

Cancellation of order

8.6 Your rights under the Distance Selling Regulations (2000) mean that you are entitled to cancel your order at any time prior to it being dispatched. You can also cancel your order for any non-food items within seven days of receipt and return them for a full refund. The items must be unopened and returned in perfect condition and whilst we will refund your purchase price, and any relevant outward postage, the postage cost of returning items will be your responsibility. Please note that all items containing fudge or chocolate are perishable goods and as such are exempt from the regulations.

Once it has been produced and paid for it is not possible to cancel an order for personalised items that have been specially produced for you. 

9. Data Protection

9.1 We are committed to protecting your privacy and any information supplied to Us by You will be stored in accordance with the Data Protection Legislation. We shall only store personal information, we do not store credit card details, nor do we share customer details with any 3rd parties

9.2 On accessing Our Web Site, We may collect information which is not personally identifiable such as type of internet browser, domain name, and which pages of Our Website are most frequently used.

10. Liability

10.1 We shall have no liability to You for any loss of profits, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable at the time You entered into this Contract.

10.2 Nothing in this Contract shall exclude or limit Our liability for death or personal injury due to Our negligence, or fraud

10.3 We do not guarantee that Our Web Site will be compatible with Your PC, and We accept no liability for any corruption or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of Our Web Site.

11. General

11.1 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.

11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

11.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

11.4 All third-party rights are excluded and no third party shall have any right to enforce this Agreement.

11.5 The laws of England and Wales shall govern the contract between Us and any dispute between Us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.

11.6 Chocolate-e-Claire’s operate at the address shown on our Contact Us page

Terms and conditions

These terms and conditions form the basis on which you can visit our website, order fudge, fudge products, fudge subscriptions (including gift subscriptions). Please read them carefully as they contain important information.

General terms and conditions

This site is owned and operated by Chocolate-e-Claire’s. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at chocolateeclaire2018@gmail.com or on 07508807873.

  1. The contract between us
    1. Orders for fudge, fudge products, fudge subscriptions, including gift subscriptions

We must receive payment of the whole of the price for the products that you order before your order can be accepted. Your payment of the price for the products represents an offer on your part to purchase the products, which will be accepted by us when we send to you an email that the products have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.

  1. Terms and conditions applying to orders for fudge, fudge products, fudge subscriptions, including gift subscriptions
    1. Availability

All orders are subject to acceptance and availability. Most products are made to order and are not held in stock. Orders normally take between 7-10 working days to process and deliver. If you have placed an order for lots of different types of fudge it could be longer.  If the products you have ordered are no longer available, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available or to cancel your order.

  1. Ordering errors

All orders are subject to acceptance and availability. If the products you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

  1. Prices
    1. The prices payable for products that you order are as set out in our website. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of placing your order.
    2. Wherever it is not possible to accept your order to buy products of the specification and description at the price indicated, we will advise you by email.
  2. Payment terms

The price for the products that you order is payable to us in full at the time you place the order. We accept no liability if a delivery is delayed because you have not given us the correct payment details.

  1. Delivery
    1. Our delivery charges are set out in our website.
    2. Please note that we are only able to deliver to addresses within the United Kingdom.
    3. We will deliver the products you have ordered by Royal Mail (in accordance with your stated preference) to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the products once they have been delivered. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period.
    4. You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss, deterioration or destruction.
  2. Risk and ownership

Risk of damage to, deterioration or loss of the products passes to you at the time of delivery to you. You will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are strictly not for resale.

  1. Cancellation rights

You may cancel your order for some or all of the products you have ordered at any time up to 4 clear days before the date the products are due for dispatch to you.

  1. Right to refuse order
    1. We reserve the right to refuse to accept your order if:
      1. we have insufficient stock to deliver the products you have ordered;
      2. we are not able to deliver to your area; or
      3. one or more of the products you ordered was listed at an incorrect price.
    2. If we do refuse to accept your order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.
  2. Liability
    1. Each party shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
    2. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  3. Terms and conditions applying to Chocolate-e-Claire’s fudge club subscription boxes
    1. Individual subscriptions
      1. Membership
        Membership to Chocolate-e-Claire’s Fudge Club occurs after the initial payment has been made.
      2. Prices
        The prices payable for subscription membership are set out in our website. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of placing your order.
      3. Notification
        You will need to provide us with your e mail address and subscription delivery address. We will notify you of your subscription membership via e mail as soon as initial payment is made.
      4. Payment
        1. Following initial payment, ongoing payment for membership of the club will be automatically debited from the credit/debit card used for initial payment every two months on the 1st January, 1st March, 1st May, 1st July, 1st September and 1st
        2. Once subscribed the automatic debit payment will continue indefinitely until cancelled. See cancelation paragraph below.
        3. We accept no liability if a membership or delivery of a subscription box is delayed because you have not given us the correct payment details. 

      5. Delivery
        1. As a member of Chocolate-e-Claire’s Fudge Club we will send you a chocolate selection subscription box containing three fudge bars, two from our current range and one limited edition variety, every two months.
        2. Dispatch of these boxes will occur between the 8th-10th January, 8th-10th March, 8th-10th May, 8th-10th July, 8th-10th September, 8th-10th November by Royal Mail to the address you specify for delivery.
        3. Once subscribed the dispatch of the chocolate selection boxes will continue indefinitely until membership is cancelled or automatic prior payment fails. In the event of automatic prior payment failing we will contact you for further information before dispatching the next subscription box.
        4. The delivery charge is included in the price of the subscription membership.
        5. Please note that we are only able to deliver to addresses within the United Kingdom.
        6. You will become the owner of the products included in the subscription box when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss, deterioration or destruction.
      6. Cancellation
        1. Membership to Chocolate-e-Claire’s Fudge Club can be cancelled at anytime via the Your Account page on our website.
        2. If a recent automatic payment has been debited from the payment card for the next selection box dispatch, you will still receive that box and we are unable to offer a refund.
        3. Once membership has been cancelled no further payment will be debited and we will cease to send you subscription boxes that have not been prior paid.
      7. Member’s details
        Chocolate-e-Claire’s Fudge Club member’s details are held securely in accordance with the Data Protection Act and we undertake not to release such details to any third party.
      8. Payment details
        Chocolate-e-Claire’s Fudge Club member’s payment details will be held in accordance with PCI compliance and we do not have access to the individual card number for fraud prevention reasons.
      9. Risk and ownership
        Risk of damage to, deterioration or loss of the products passes to you at the time of delivery to you. You will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are strictly not for resale.
      10. Right to refuse membership We reserve the right to refuse to accept your subscription membership if:
        1. we have insufficient stock to deliver the products you have ordered;
        2. we are not able to deliver to your area. If we do refuse to accept your order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.
      11. Liability
        1. If you do not receive products ordered by you within 48 hours of the date on which they were due for shipment, we will have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of the date on which the products were due for dispatch to you (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be to refund to you the amount paid by you for the products in question.
        2. Each party shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
        3. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence
      12. Gift subscriptions
        1. Prices
          The prices payable for a gift subscription membership to Chocolate-e-Claire’s Fudge Club are set out in our website. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of placing your order.
        2. Notification
          You will need to provide us with your e mail address and if applicable the postal address to which the gift subscription membership code should be delivered to. We will notify of your gift subscription redemption code via e mail as soon as initial payment is made.
        3. Payment
          The price for the gift subscription that you order is payable to us in full at the time you place the order. We accept no liability if a delivery is delayed because you have not given us the correct payment details.
        4. Initiation and membership
          Gift subscription membership of Chocolate-e-Claire’s Fudge Club is only initiated when the recipient visits our website, enters the gift subscription redemption code and creates an account. Creation of an account requires the recipient to provide us with an e mail address for notifications and a delivery address to which the subscription chocolate selection box should be sent.
        5. Delivery
          1. Following redemption of the gift subscription code and creation of an account, gift recipient members of Chocolate-e-Claire’s Fudge Club will be sent the appropriate number of fudge selection subscription boxes relating to the gift subscription purchased.
          2. Each subscription box will contain three fudge bars, two from our current range and one limited edition variety.
          3. Dispatch of the chocolate selection boxes will occur every two months between the 8th-10th January, 8th-10th March, 8th-10th May, 8th-10th July, 8th-10th September, 8th-10th November by Royal Mail to the address specified for delivery by the recipient.
          4. Once a gift subscription membership is initiated the dispatch of the chocolate selection boxes will continue indefinitely until the full number of boxes purchased in the gift subscription have been delivered.
          5. The delivery charge is included in the price of the subscription membership.
          6. Please note that we are only able to deliver to addresses within the United Kingdom.
          7. The recipient will become the owner of the products you have ordered when they have been delivered to them. Once products have been delivered to them they will be held at their own risk and we will not be liable for their loss, deterioration or destruction.
        6. Member’s details
          Chocolate-e-Claire’s Fudge Club member’s details are held securely in accordance with the Data Protection Act and we undertake not to release such details to any third party.
        7. Payment details
          Payment details will be held in accordance with PCI compliance and we do not have access to the individual card number for fraud prevention reasons.
        8. Cancellation
          1. Once initiated Chocolate-e-Claire’s Fudge Club gift subscription cannot be cancelled by the initiator member.
          2. We will make contact with the initiator member via e mail prior to dispatch of the last box in their gift subscription to ascertain if they wish to continue their membership by subscribing as an individual member or if they wish for the subscription to lapse.
        9. Risk and ownership
          Risk of damage to, deterioration or loss of the products passes to the recipient at the time of delivery to them. They will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are strictly not for resale.
        10. Right to refuse membership
          We reserve the right to refuse to accept subscription membership if:
          1. we have insufficient stock to deliver the products you have ordered;
          2. we are not able to deliver to your area. If we do refuse to accept an order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.
        11. Liability
          1. If the recipient does not receive the subscription box ordered within 48 hours of the date on which they were due for shipment, we will have no liability to them unless they notify us in writing at our contact address of the problem within 7 days of the date on which the products were due for dispatch to you (unless this is not reasonably practicable). If they notify a problem to us under this condition, our only obligation will be to refund to you the amount paid by you for the products in question.
          2. Each party shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
          3. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence
        12. Terms and conditions relating to all contracts
          1. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Pump Street Bakery LLP. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, anything on this website for any purpose. You may only distribute or repost anything on this website with our written permission and subject to any conditions we may in our absolute discretion impose.

  1. Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all products, tours and courses have been fairly described. However, orders will only be accepted if there are no material errors in the description of the products, tours or courses or their respective prices as advertised on this website. Any description of or information given about the products and/or tours and/or courses are in general terms only.

  1. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

  1. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 1 Unicorns, Pump Street, Orford Suffolk, IP12 2LZ and all notices from us to you will be displayed on our website from time to time.

  1. Changes to terms and conditions

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

  1. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

  1. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

  1. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

  1. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.