Terms of use and sale

Last updated: 27th January 2021

These terms of use and sale (“Terms”) govern your use of www.choccynutpot.com (“Website”) and your purchase of products offered for sale by Choccy Nut Pot Limited (registered office address: 6 Milton Close, Guildford GU3 2DJ, company registration number: 11790434) (“Products”). The Terms govern purchases made both on the Website and offline.

Each time you use the Website and/or place an order for Products, you accept and agree to be bound by these Terms (including any revisions to the same). If you have any questions, please contact us at info@choccynutpot.com.

Orders for Products

To purchase Products you must be over eighteen years of age and located in the United Kingdom. Unfortunately we cannot accept Website orders from other locations at present. All orders are subject to our acceptance and availability.

Orders can be made on the Website by completing the online order form and making payment using our third party payment provider, PayPal. On receipt of your online order we will provide confirmation by email. This email confirmation constitutes our acceptance of your order.

Orders can be made offline, for example at an event hosted by us, by completing any applicable order form and making payment using our third party payment provider, SumUp. For orders placed offline for Products which are not available at the time of making the order, we will provide confirmation of order by email. For offline orders, our acceptance of your order takes place upon us providing you with the Products, or for Products not available at the time of ordering, when we provide you with email confirmation of your order.

If you order Products that are not available for any reason, we will email you to let you know when the Products will be back in stock.

We reserve the right to reject or cancel any orders we believe to be made in breach of these Terms.

Pricing and Payment

We work hard to ensure the pricing information on our Website and in any other media, for example in any advertising campaign run by us on a third party website, is accurate and up to date. In the unlikely event of an error in pricing, we are not obliged to provide you with Products at the incorrect price. If you have placed an order and paid for incorrectly priced Products, we will at our sole discretion either (i) contact you to give you the option to reconfirm your order at the correct price or cancel your order and receive a refund for any payment already made; or (ii) cancel your order and refund any payment already made.

Should you in our sole discretion be entitled to a refund for any reason, such refund shall be made using your original method of payment.

We reserve the right to change Product prices at any time without notice to you. Any such changes to price will not impact orders for which you have already paid and received email confirmation of receipt from us, subject to the terms above in respect of incorrect pricing.

Purchases on our Website are made using our third party payment provider, PayPal,and the financial information you provide to make sure payment, such as payment card details, is governed by Paypal’s terms and privacy statement (https://www.paypal.com/uk/home).

Offline purchases are made using our third party payment provider, SumUp, and the financial information you provide to make such payment, such as payment card details, is governed by SumUp’s terms and privacy statement (https://sumup.co.uk/).

Special Offers and Discount Codes

From time to time we may offer Product special offers and/or discount codes. We reserve the right to offer different customers different special offers and/or discount codes.

Any special offers and/or discount codes are subject to the terms upon which they were issued (“Discount Terms”). Please ensure you read Discount Terms carefully before making a purchase and note that they may include restrictions, such as maximum order values or amounts, or other restrictions on eligibility to purchase. We reserve the right to cancel any orders made in breach of the Discount Terms. In the event of a discrepancy between the Discount Terms and these Terms, the Discount Terms shall prevail.

We reserve the right to withdraw any special offers and/or discount codes at any time for any reason without notice to you. If you have already ordered and paid for discounted Products and we have confirmed receipt of your order by email, we shall honour the discounted price for that order only, subject to the terms above in respect of incorrect pricing.

Delivery

We use third party providers to deliver our Products, including Hermes, UPS and Royal Mail.

We provide you with a delivery estimate at the time of purchase. This is an estimate only and we shall not be responsible or liable for any delay to delivery.

Unless agreed otherwise in writing, our third party delivery providers will deliver Products to the delivery address you provide at the time of purchase. Please ensure you provide the correct delivery address when ordering Products, that you follow our third party delivery providers’ instructions for delivery, and are available to accept delivery from them if required. We shall not be responsible or liable for any incorrect delivery addresses provided or missed deliveries.

Our Products

The quality of our Products is of utmost importance to us and we work hard to ensure our Products meet our high standards.

In the unlikely event that you believe you have received defective Products from us, please inform us without delay by emailing info@choccynutpot.com explaining how/why the Product is defective and providing photographic evidence. Where Products are found to be defective, you have a right to request a refund or replacement Products, which we shall arrange free of charge once you have confirmed your selection.

Please note Products must be stored in accordance with instructions (on our website and included in delivery box) and consumed before their use by date. We are not responsible or liable for the incorrect storage or consumption of Products.

Information on allergens is provided on our Product packaging (in delivery boxes and on our website). It is your responsibility to check this information for any allergens applicable to you and we are not responsible or liable for any failure on your part to do so.

Pots may contain the occasional piece of hard nut and/or date. We are not responsible or liable for the incorrect consumption of these within products.

Issues or delays via shipping may affect the shelf life of your product. If there are any visible defects and/or issues with your product prior to the use by date on the bottom of each pot, please dispose of the product and contact us immediately at info@chccoynutpot.co.uk - We are not responsible or liable for any consumption of any defected product.
Cancellation and return of Products

Our Products are perishable. As such, you are not entitled to the usual consumer rights to return goods purchased online within 14 days of receipt, subject to the provisions on defective Products above.

Events

Choccy Nut Pot supply product for various different events.. Some product pots may not be dated with a sell by date if the product is a 'sample' or gifted product.

Product not consumed on the event day must be monitored by the event organisers and consumed within our regular sell by date term on our product page.

If there are any visible defects and/or issues with your product post event please dispose of the product and contact us immediately at info@chccoynutpot.co.uk - We are not responsible or liable for any consumption of any defected product post the event date.

Limitation of Liability

Subject to the following paragraph, if we breach these Terms our liability to you shall be limited to the purchase price of the Products. We shall not be in breach of these Terms for any delay or failure resulting from any cause reasonably outside of our control, such as fire, flood and other acts of God, strikes, accident, acts of terrorism or war, or breakdown of equipment.

Nothing in these Terms shall limit our liability for:

(i) death or personal injury caused by our negligence or wilful misconduct;

(ii) fraud or fraudulent misrepresentation;

(iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

(iv) defective products under the Consumer Protection Act 1987; or

(v) any other matter for which it would be illegal for us to exclude or seek to exclude our liability.

Privacy

Please see our Privacy Policy for information about how we process your personal data and your rights in connection with the same.

Intellectual Property

Our Website, branding and Products are protected by applicable intellectual property rights, including copyright and trademark protection.

You are permitted to use our materials and content for your personal use only when using the Website and/or placing an order for Products. Otherwise, you are not permitted to reproduce, modify, copy, distribute, or use for commercial purposes any of our materials or content without our express written consent.

Third Party Links

The Website may include links to third party websites, for which we are not responsible. Please check the terms and conditions and privacy statements of these third party websites for more information on their practices.

Use of Website

You agree that your use of the Website will be in compliance with all applicable laws and regulations.

Website Content and Availability

While we work hard to ensure our Website is available, accurate and up to date, we cannot make any guarantees. We are not responsible for any incompatibilities, errors, inaccuracies or omissions. Content and materials on our Website are for information purposes only and do not constitute advice. We may need to restrict access to the Website at times for maintenance, repair or other purposes. Should you discover any fault in the Website, please inform us by contacting info@choccynutpot.com.

Competitions

We may run competitions from time to time. Such competitions may be governed by additional terms published in connection with the same (“Competition Terms”), which may include restrictions such as limitations on number of entries and eligibility to enter. Please read any Competition Terms carefully before entering a competition and note that we reserve the right to disqualify any entries made in breach of the Competition Terms. In the event of a discrepancy between these Terms and any Competition Terms, the Competition Terms shall prevail.

Reviews and Other User Generated Content

When you provide a review or other user generated content, for example you comment on a blog post on our Website or give us a written review offline (together “User Generated Content”), you permit us to use such User Generated Content (including any name or other identifier you submit) for our own purposes, including on the Website and in any advertising or marketing campaigns, whether off or online.

You represent and warrant that the views contained in your User Generated Content are your own and that your User Generated Content complies with all applicable laws.

Miscellaneous

We reserve the right to change the Terms at any time by posting revised terms on the Website. Your continued use of the Website and/or placing an order for our Products will be deemed acceptance of any revised terms.

These Terms form the entire basis of any agreement reached between you and us.

In the event any part of the Terms is deemed void, unlawful or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining terms.

These Terms will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in respect of any dispute that may arise.