Online Terms & Conditions of Trading
1.1 These Terms & Conditions are intended to be in plain English, avoiding jargon as far as possible, although some technical language is impossible to avoid. Words have their ordinary every-day English meanings unless further or otherwise defined in applicable law. If you are unsure about anything in these Terms & Conditions, you should ask for clarification before confirming your order.
1.2 These Terms and Conditions apply only to online orders through the Choctails website.
2. THE CONTRACT BETWEEN US
2.1 You confirm your order by making payment online through our website. Once you do so, there is a binding contract between us subject only to these Terms & Conditions.
2.2 We agree to supply those goods at the prices shown on our website at the time you place that order.
2.3 This contract is governed by the law of England and Wales.
2.4 If any part of this contract is found by a court to be unenforceable or invalid, that shall not prejudice the enforceability and/or validity of any other part.
3. DELIVERY POLICY AND STOCK AVAILABILITY
3.1 We aim to dispatch all orders within 2 business days via Royal Mail. You will receive a confirmation once your order has been dispatched.
3.2 To afford you the maximum shelf life possible, all our products are freshly made to order. Once your order has been accepted we will advise you of an estimated delivery date.
3.3 We will make every reasonable effort to deliver by the estimated date, but this does not form a term or condition of the contract.
3.4 Therefore if you are ordering goods for a special occasion, or they are needed by a particular date, you should check with us first using the contact details on our website. We will do all we can to help, but your required deliver-by-date will not be part of our contract unless we agree that with you in writing separately.3.5 In no case shall we be liable for delays to delivery caused by factors outside our control. These include but are not limited to failures by our sub-contractors responsible for delivery, and resulting from industrial action, exceptional whether, sickness or death, or other exceptional circumstances of which we could not reasonably have been aware or have predicted, in advance of accepting your order.
4. ABORTED DELIVERIES
If a delivery is aborted because no response is obtained at the delivery address, a charge may be made to cover the additional costs invoiced to us by our courier. You will be liable for this up to a maximum of the charge actually made to us by the courier.
- 5. RETURNS, REFUNDS AND CANCELLATIONS
5.1 Orders may be cancelled at any time prior to dispatch, except where they were sourced or manufactured by us specifically to fulfil your order, and were not goods routinely made or stocked by us.
5.2 If an order paid for by credit card is not cancelled on the same day it was placed, you will be liable for the credit card surcharge applied to the original payment as well as any second charge for the refund. This charge shall not exceed that charged to us by the card company.
5.3 Goods must be inspected at the time of delivery and any damages or shortages must be reported to us within 24 hours of receipt. If you are unable to inspect the goods at the time of delivery, you must ensure that the goods are signed for as “goods unchecked”; failing which we reserve the right to reject any claim that the goods were not received in full, and in proper condition.
5.4 In no circumstances will we offer any refund for, or be responsible for any claim in respect of, any goods when:
(i) they have been opened but are otherwise free of fault; or
(ii) they are returned to us in poor condition or with the original packaging marked or damaged, and this was not immediately notified to us on receipt, as their condition on receipt; or
(iii) they are returned out of date; or
(iv) they were made or brought into stock especially for you, and were delivered fault free.
5.5 We may at our absolute discretion accept return for refund, at your transport cost, of goods ordered by you in error. But we will not do so where these are opened from their original packaging; where they are despatched back to us less than 3 months from their best-before date; or where they were ordered by you or sourced or manufactured by us specifically to fulfil your order, and were not goods routinely made or stocked by us. Where we do so, we will refund only the price of the goods returned, and not any delivery price. Where delivery was free, we reserve the right to deduct from any refund, the actual cost to us of delivery to you.6. REPRESENTATION
We shall have no liability for any such representation being untrue or misleading.
- 7. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed and shall be interpreted in accordance with English Law. In the event of any dispute resulting in legal action, such dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.