We know this is the boring bit, but it sets out how we operate our internet ordering platform, how we use and store your information, how you can expect to be contacted by us and/or any third parties including carrier companies that we use to ship your order.
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Should you have any issue with a transaction always contact us directly as soon as you can. We want you to have the best possible experience of Chox Ltd and our produce. These terms do not affect your statutory rights, and our refund, cancellation and privacy policies are set out below.
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By completing an order, processing of payment and sharing of your personal details for delivery you are entering into a transaction offer with Chox Ltd and agree to the terms and conditions set out below. A transaction is only contractually bound once you have received a confirmation of order dispatch.
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If we cannot fulfil all or any part of your order within a reasonable timeframe, as set out in 14.0 Delivery Info, we will offer an exchange, full or partial refund, depending on the circumstances. You will always be notified.
TERMS OF USE
Last Updated 18th Nov 2021
BACKGROUND
This agreement applies as between you, the User of this website and Chox Ltd, the owner(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
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1. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Murdoch Brothers Butchers advertises and / or makes available for sale through this website;
“Chox” means Chox Ltd, Blacker Hall Farm, Branch Road, Calder Grove, Wakefield, WF4 3DN
“Service” means collectively any online facilities, tools, services or information that Chox makes available through the website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
"Personal information" means any information unique to you which could identify you as an individual, be used to contact you and may be sensitive for example (but not exclusively) address, telephone number, date of birth.
“Premises” Means our place of business located at Blacker Hall Farm, Branch Road, Calder Grove, Wakefield, WF4 3DN
“System” means any online communications infrastructure that Chox makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the website and is not employed by Chox and acting in the course of their employment.
“Website” means the website that you are currently using www.choxchocolates.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
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2. AGE RESTRICTIONS
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
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3. BUSINESS/TRADE CUSTOMERS
These Terms and Conditions also apply to customers buying Goods in the course of business. However, excludes: 4.
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4. INTERNATIONAL CUSTOMERS
Goods are presently only available for dispatch to the UK and Northern Ireland. However, payments may be processed from overseas for dispatch to a UK and/or NI delivery address.
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5. INTELLECTUAL PROPERTY
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of, or used under the appropriate license agreements, by Chox Ltd our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Website unless given express written permission to do so by Chox Ltd.
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6. THIRD PARTY INTELLECTUAL PROPERTY
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
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7. FAIR USE OF INTELLECTUAL PROPERTY
Material from the Website may be only re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
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8. LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Chox or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
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9. USE OF COMMUNICATIONS FACILITIES
Any information shared by any User on the System via forms such as contact forms, order forms and checkout will be securely managed by the Wix internet platform and Square payments (PCI compliant). Wix is a secure global platform used by millions of websites worldwide and uses international servers. Therefore you acknowledge that data will be accessed by Chox, affiliates of the platform provider eg. technical support, web developer and any third party apps embedded in the site in order for it to function and fulfill its purpose. Chox reserves the right to monitor any and all communications made to us or using our System.
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10. PRIVACY AND DATA POLICY (including USE OF COOKIES)
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. View our Privacy and Data Policy here
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11. ACCOUNTS
11.1 In order to purchase Goods on this Website you do not require a Member Account, however to use the express checkout option and saved payment detail facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you are over 18 years of age and have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. Chox Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Chox Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, accepts Chox Ltd no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
11.5 Any use of the account construed as improper including, but is not limited to, any Content of a derogatory, sexist, vulgar, racist or violent nature will not be tolerated and appropriate remedial or legal or action will be taken.
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12. TERMINATION AND CANCELLATION OF ACCOUNT
12.1 Either Chox Ltd or you may terminate your Account. If Chox Ltd terminates your account you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Chox Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Chox Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
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13. GOODS, PRICING AND AVAILABILITY
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Chox correspond to the actual Goods, Chox Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required [size] [cut] [flavour] [number] [other features] of the Goods that you are purchasing.
13.3 Chox Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
13.4 All pricing information on the Website is correct at the time of going online. Chox Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Chox Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All product prices on the Website do not include VAT as Chox Ltd is a small producer and operates below the UK government HMRC limit for VAT registration purposes.
13.7 Offers and Discount Codes are non-transferable and hold no cash value. At any time an offer or discount can be removed without notice. Where a discount code has an explicit expiry date this date will be honoured.
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14. DELIVERY, DISPATCH and STORE PICKUP
14.1 A minimum order value of £10 is required in order for us to fulfill an order for delivery. If this amount is not reached then the order will not be completed. Website orders for in-store collection have no minimum value requirement.
14.2 Chox will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.3 If Chox receives no communication from you, within 12 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in satisfactory order and with no problems, faults or damages.
14.4 Store Pickup refers to any order pre-paid or pre-ordered using the Website Payment facility or paid for off-line either over the telephone or in store, and collected in person from Chox Ltd, Blacker Hall Farm, Branch Road, Calder Grove, Wakefield WF4 3DN or any other pre-agreed address. This excludes any item delivered by an appointed Courier Service.
14.5 Your data and information will be handled in line with the Privacy Policy
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15. REFUND AND REPLACEMENT POLICY including (DAMAGE OF GOODS)
Chox Ltd aims to always provide high quality Goods that are as expected, fault free and undamaged. On occasion however, Goods may be not be as expected and our terms for refund or replacement are as follows:
15.1 If you receive Goods which do not match those that you ordered in quantity, description, or contain any faults, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 12 hours to arrange suitable remedy or recompense. Do not dispose of the goods, and transfer them to suitable cool storage, out of direct sunlight or heat source, as we may arrange a return, depending on the circumstances see 15.7
15.2 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that "the goods have been damaged" and photograph the condition if available to do so. In any event, you should report such damage to Chox Ltd within 12 hours of delivery.
15.3 You have a statutory right to a “cooling off” period of 14 days when purchasing products at a distance. However, this does not cover personalised items or any items where a hygiene seal has been broken. Our chocolates are protected within hygienically sealed packaging. We are unable to refund any item returned with the seal broken, or any personalised item within a 14 day cooling off period. (These are recognised statutory exemptions).
15.4 No cancellation is permitted once Goods are dispatched. You will be notified of dispatch via email, usually 2-3 working days (not including weekends).
15.5 If you wish to notify of faulty, damaged or missing/erroneous Goods please contact to Chox Ltd using email info@choxchocolates.co.uk as soon as possible to make the appropriate arrangements.
15.6 Returns are at buyers cost unless prior written agreement from Chox Ltd.
15.7 Chox Ltd may offer an exchange, credit or refund as remedy to any erroneous contents or goods damaged in transit, and will only accept returns where the package hygiene seals are unbroken, written returns instructions are followed, and goods are labelled as FRAGILE and protected from damage.
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17. DISCLAIMERS
17.1 Chox Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Images are for visual aesthetics only and actual goods may differ from those shown in the context of shape, size, presentation and/or packaging.
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18. CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS
Chox Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Chox Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19. AVAILABILITY OF THE WEBSITE
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Chox Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20. LIMITATION OF LIABILITY
20.1 To the maximum extent permitted by law, Chox Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content is at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Chox Ltd's liability for death or personal injury resulting from any negligence or fraud on the part of Chox Ltd
20.3 Nothing in these Terms and Conditions excludes or restricts Chox Ltd's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
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21. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
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22. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.​
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23. NOTICES
All notices/communications shall be given to us either by post to our Premises (see address below) or by email to info@choxchocolates.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending of the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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24. LAW AND JURISDICTION
These Terms and Conditions, and the relationship between you and Chox Ltd shall be governed by and construed in accordance with the Law of England and Chox Ltd, and you agree to submit to the exclusive jurisdiction of the Courts of England and the UK.