TERMS of Sale

BACKGROUND: 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.kennardschocolates.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation 
      1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract”
“Goods” means the goods sold by Us through Our Site;
[“Goodwill Guarantee” means the goodwill guarantee offered by Desire4food Ltd T/A Kennard’s Artisan Chocolates, a limited company registered in England under 08176955, whose registered and trading address is Unit 5, Knight House, Lenthall Road, Loughton, Essex, IG10 3UD 
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Desire4food Ltd T/A Kennard’s Artisan Chocolates, a company registered in England under 08176955, whose registered and trading address is Unit 5, Knight House, Lenthall Road, Loughton, Essex, IG10 3UD  
  1. Information About Us – www.kennardschocolates.com, is owned and operated by Desire4food Ltd, a limited company registered in England under 08176955, whose registered and trading address is Unit 5, Knight House, Lenthall Road, Loughton, Essex, IG10 3UD.  Our VAT number is 237 3105 31.
      1. We are registered with The Vegan Society
      2. We are a approved by the Federation of Synagogues
      3. We are approved by SALSA
  1. Access to and Use of Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
      4. Use of Our Site is subject to our Website Terms of Use – https://www.kennardschocolates.com/terms-conditions/.  Please ensure that you have read them carefully and that you understand them.
  1. Age Restrictions

Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

  1. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please email felisa@kennardschocolates.com to set up an account

  1. International Customers

Please note that We only sell to customers in the United Kingdom.  We do not accept orders from, or deliver to, customers outside the United Kingdom.

  1. Goods, Pricing and Availability
      1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
          1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
          2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
          3. We look to continually improve our range and reserve the right to change or substitute chocolate(s), without notice
      2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
      3. We cannot guarantee that Goods will always be available.  Stock indications are provided on Our Site, however such indications are an indication
      4. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
      5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
      6. All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 24 hours, We will treat your Order as cancelled and notify you of this in writing.
      7. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
      8. All prices on Our Site include VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
      9. Delivery charges are not included in the price of Goods displayed on Our Site.  For more information on delivery charges, please refer to Section 11 of these terms and conditions.  Delivery options and related charges will be presented to you as part of the order process.
  2. Promotional Codes

            Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Promotional codes are not available on sale items. Only one promotional code per customer can be used.

  1. Orders – How Contracts Are Formed
      1. Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
      2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
      3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
      4. Order Confirmations shall contain the following information:
          1. Your Order Number;
          2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
          3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
          4. Estimated delivery date(s) [and time(s)];
      1. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible.
      2. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
  1. Payment
      1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  
      2. We accept the following methods of payment on Our Site:
          1. Credit / Charge Card;
          2. Debit Card;
          3. Bank Transfer;
  1. Delivery, Risk and Ownership
      1. All Goods purchased through Our Site will normally be delivered within 3 – 5 working days after the date of your order. 
          1. The delivery is 1st class via Royal Mail.  Refer to Royal Mail website in the event that Royal Mail cannot deliver to the designated delivery 
          2. Delivery will be charged at £3.95 plus £0.50 per additional item
      2. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
      3. Ownership of the chocolates transfers, remittance has been received for the chocolates
  1. Faulty, Damaged or Incorrect Goods
      1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase. If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at info@kennardschocolates.com within 24 hours from delivery to inform Us of the fault, damage or error, and to arrange for a refund or replacement.  
      2. Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. 
      3. To return Goods to Us for any reason under this Clause 11, please contact Us at info@kennardschocolates.com to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
      4. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
      5. Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
      6. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
      7. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  1. Our Liability to Consumers
      1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
      2. We only supply goods for domestic and private use by consumers, unless it is made know to us that the chocolates are for business use.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
      3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
      4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  1. Events Outside of Our Control (Force Majeure)
      1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
      2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
          1. We will inform you as soon as is reasonably possible;
          2. We will take all reasonable steps to minimise the delay;
          3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
          4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
          5. If the event outside of Our control continues for more than 7 days, we will contact you, to determine if you want to cancel your order. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of you confirming cancellation of the order;
  1. Communication and Contact Details
      1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 020 8508 5434, by email at info@kennardschocolates.com, or by post at Unit 5, Knight House, Lenthall Road, Loughton, Essex, IG10 3UD.
  1. Complaints and Feedback
      1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
      2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
          1. By email, addressed to Quality Control at Info@Kennardschocolates.com;
          2. Using Our complaints form, following the instructions included with the form;
          3. By contacting Us by telephone on 020 8508 5434 
  1. How We Use Your Personal Information (Data Protection)
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy – https://www.kennardschocolates.com/privacy-policy/ [and Cookie Policy <<insert link to Cookie Policy>>].
  1. Other Important Terms
      1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
      2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  We may not permit the assignment if it is reasonable to do so.
      3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.  
      4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
      5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
      6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 28 days of your cancellation.
  1. Law and Jurisdiction
      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.