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Terms & Conditions

Section 1 

Scope and provider

(1) These General Terms and Conditions apply to all your purchase orders placed at the online shop of I Should Coco, 39 Fore Street, St Ives, Cornwall, TR26 1HE, United Kingdom and any contract between you and us for the sale of products to you from our online shop (Contract). Please read these General Terms and Conditions carefully and make sure that you understand them, before ordering any products from our online shop. Please note that before placing an order you will be asked to agree to these General Terms and Conditions. If you refuse to accept these General Terms and Conditions, you will not be able to order any products from our online shop.

You can contact us online by clicking here.

(2) The products offered in our online shop are only available for purchase by persons who are 18 years or older. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products. A consumer is defined as an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.

(3) This Section 1(3) only applies if you are a business. We provide our deliveries, services and offers and enter into any Contract exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions apply also to all future Contracts even if they are not explicitly agreed again. These General Terms and Conditions and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these General Terms and Conditions or any document expressly referred to in them.

(4) The sole contract language shall be English.

(5) Conclusion of the Contract will be documented and stored at our location. Upon conclusion of the Contract, the text of the Contract will not be filed at our location and will therefore not be accessible by you.

Section 2 

Conclusion of contract

(1) Presentation of products in our online shop shall not represent a binding offer by us to conclude a purchase contract.

(2) After you have placed products into the "shopping cart", you can check and, if necessary, correct your entire order. You will make an offer of purchase only by clicking the "Order with obligation to pay" or similar button.

(3) Upon receipt of the offer of purchase, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (acknowledgement of receipt). The acknowledgement of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the acknowledgement of receipt.

(4) A purchase contract for the products shall be concluded only when we expressly declare acceptance of the offer of purchase or when we ship the products to you without an express prior declaration of acceptance.

(5) If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our online shop or due to an order quantity exceeding the stated maximum quantity per customer, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

Section 3 

Prices, shipping charges

The prices quoted on the product pages include value-added tax (where applicable) and the respective delivery charges within the United Kingdom.

It is always possible that, despite our reasonable efforts, some of the products in our online shop may be incorrectly priced. If this happens then we will not be obliged to supply the products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

Section 4 

Terms of payment; default

(1) Payment can be made by:

Credit card (MasterCard and Visa);

Paypal

Debit card (Debit Master card, Visa debit, Maestro, Visa Electron)

(2) When paying by credit or debit card, the purchase price will be charged to your own credit or debit card account upon completion of your order.

Section 5 

Set-off / right of retention

This Section 6 does not apply if you are a consumer.

(1) You shall have a right of set-off only if your counter-claim has been become non-appealable or is not disputed by us.

(2) You may exercise a right of retention only to the extent your counter-claim is based on the same contractual relationship.

Section 6 

Delivery, delivery times, reservation of delivery

(1) Unless otherwise agreed, the products shall be delivered from our warehouse to the address you have specified.

(2) Delivery is possible within the United Kingdom

(3) On delivery of each product to you the product shall be at your risk and responsibility and you will be responsible for its safekeeping. Products ordered shall be delivered subject to availability of the products. Where products are not available for delivery at the time an order is placed, you shall be informed of the estimated delivery date. As soon as the products are available, they shall be sent to you.

(4) For deliveries within the United Kingdom we will use reasonable endeavours to deliver the products on any specified date we agree, or if no date is specified, we will use reasonable endeavours to deliver the products within 3 working days (excluding Sundays and public holidays) of the order acknowledgement.

(5) Should there be any risk that high outside temperatures might affect the quality of our products during shipping (possible at 23 degrees Celsius or higher), we shall inform you of possible delays in or temporary suspension of delivery when you place your order. When placing your order, you agree that we will send the products only once the temperature has dropped sufficiently. In that case, the delivery times specified in paragraph 4 above shall not apply. We shall inform you immediately when we send the products.

(6) In the case of circumstances beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports) we may not be able to deliver the products within the timescales specified in paragraph 4 and we will not be liable for any delay or failure to deliver the products if the delay or failure is wholly or partly caused by such circumstances.

Section 7 

Retention of title

(1) This Section 8(1) only applies if you are a consumer. We shall retain title to the products until the purchase price has been paid in full.

(2) This section 8(2) applies if you are not a consumer.

  • We shall retain title to the products until all receivables from the current business relationship have been completely paid. Any pledging or transfer by way of security prior to transfer of title to the products subject to retention of title shall not be permissible.
  • We undertake to release on request the securities due to us to the extent to which the realisable value of our securities exceeds the receivables to be secured by more than 10%. We shall be free to select which securities shall be released.

Section 8 

Information about your right of cancellation and cancellation form

If you are a consumer you have a legal right to cancel a Contract without giving any reason subject to the following provisions.

Right of cancellation

Your legal right to cancel a Contract starts from the date of our acceptance of your order (which is when the Contract between us is formed) and ends fourteen days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products.

If your Contract is for multiple products which are delivered on separate days the cancellation period ends fourteen days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the multiple products included in your Contract.

To exercise your right of withdrawal, you must inform us,

Company: [I Should Coco]

Address: [39 Fore Street, St Ives, Cornwall, TR26 1HE, United Kingdom]

Phone number: [01736 798756]

E-mail: [chocolatier@ishouldcoco.co.uk]

of your decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory

To meet the cancellation deadline, it is for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Effects of cancellation

If you cancel the Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days after the day on which we receive the products back or, if earlier, the day on which you supply us with evidence of having sent the products back to us. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not charge you any fees as a result of such reimbursement.

Section 9

Risk of transport, Damage in transit

(1) We bear the risk of transport until the product has been delivered to you. If products obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us as soon as possible.

(2) Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.

Section 10 

Defective Products

(1) This Section 11(1) only applies if you are a consumer. As a consumer, we are under a legal duty to supply products that are in conformity with the Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of cancellation and refund in Section 9 or anything else in these General Terms and Conditions. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

YOUR CONSUMER RIGHTS ARE NOT AFFECTED