1 PURCHASE CONTRACT
1.1 This web site is operated by Melt Chocolates Limited ("we", "us" or "our"). By using the Meltchocolates.com website you are bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated.
1.2 We sell goods only to end-users.
1.3 We will confirm acceptance of your order whether placed directly by using the Meltchocolates.com website or as a result of you registering for Melt Club (our automated order subscription service) and an automated order being generated. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us (the latter of which will apply if you have registered for Melt Club). Except if you have registered with Melt Club we may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the e-mail. At the point of acceptance the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 If you have registered for the Melt Club (our automated order subscription service) or have placed an order for delivery two or more days in advance then we will endeavour also to send you an email a few hours before the final cut-off time for amending the order, alerting you to this cut-off time and reminding you of the scheduled delivery time of your order. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten and/or orders being left incomplete, and is part of our order confirmation process. Unless you have requested not to be contacted by text message, we may also send the reminder by text message to the mobile phone number you have given us when setting up your account.
1.5 Any orders placed through the Melt Club service may be amended or cancelled by the customer at no charge, provided that this is done before the cut-off time stated on the order confirmation email or if none, as set out in clause 6 below. Any orders that have not been cancelled by this cut-off time are binding, and will be delivered by Melt as set out in clause 1.3.
1.6 Melt Club is a subscribtion service, and may be cancelled at any time by following the process set out in the detailed terms and conditions for Melt Club.
1.7 You must be 18 years old or over and must have completed the registration process in order to participate in our service.
2 PRICE AND DELIVERY CHARGES
2.1a With the exception of goods referred to in clauses 2.1(b) and 2.1(c), but including service counter goods that are sold and priced by each (ie a fixed price per item) and packaged by us (as further identified on the website), the price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.1b Where items are ordered and sold individually by weight the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed. Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price for the actual weight you receive. In the event that there is a change in the price/kg between the time your order is made and the time the item is weighed and priced by the supplier, the price you will be charged will be the price at the time the item is weighed.
2.1(c) For service counter goods that are ordered and sold and priced individually by weight and packaged by us (as further identified on the website), the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price for the actual weight you receive. In the event that there is a change in the price/kg between the time you confirmed your order and the time the item is weighed and priced by us, the price you will be charged will be the price at the time you confirmed your order.
2.2 The prices stated on the website will be inclusive of any VAT payable.
2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.4 There is a minimum order requirement of £10 (excluding delivery charges) for every order placed. This does not apply during the Christmas period, whereby the minimum order requirement will be £20.
3 METHODS OF PAYMENT
3.1 Payment may be made by debit, credit or charge card. No other vouchers or "money off" coupons will be accepted towards payment of an order. 3.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. This is done by 'reserving' £1 against the card you have used for payment. That £1 is not spent by you until we 'debit' your card with the full price of your order, and the latter happens after we have delivered your shopping to you. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4.1 Delivery days and times will be as specified on the delivery booking page on the website (including all Sunday delivery times) and will be made to the address specified by you when you register on the website. You have the ability to change this address through the "Details & Settings" feature on the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.
4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery.
4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.6 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
4.7 Melt will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct Melt to leave a delivery unattended at your address Melt expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
5 DEFECTIVE GOODS
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing, by phoning our call centre or by using the online refund service on the website of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 14 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1 The confirmation e-mail you receive from us confirming your order will set out the last time that, you may amend your order prior to delivery.
7 WARRANTY AND LIABILITY
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8.1 To help us ensure the best possible service some telephone calls will be recorded.
8.2 In assessing your request for delivery of chocolates from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
8.4 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
9 CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be addressed to the Melt Customer Service Helpline – you will find an e-mail link or address and telephone numbers listed on our website in the "Contact" section.
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through Meltchocolates.com, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Meltchocolates.com website without Melt's prior written permission. Melt may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the Meltchocolates.com website.
11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.