Our terms and conditions, including pre-contract information:
1. We are: Charlotte Eatough and Niall Benvie, Wardhill, Brechin, Angus DD9 7PE and we make and sell handmade chocolates, printed photography products and provide private tuition to small groups in chocolate making and photography. Our phone number is 01356 626 768, email is email@example.com and VAT registration is GB 663 8123 30.
2. By placing an order you enter into a contract with us and accept the terms and conditions laid out here. The contract is considered concluded at the end of 7 working days after delivery and you must notify us within this time by email firstname.lastname@example.org if the goods are unsatisfactory. We do reserve the right to cancel your order – and therefore the contract between us - if: we have insufficient stock; the delivery address is in neither the UK nor the rest of the EU or there is some other impediment to delivery. If this happens, we’ll let you know by email and refund your money, normally within 7 days days.
3. Naturally, we want to be able to supply everything advertised on the website when you want it. While we will always do our best to do so there may be occasions at busy times of year when we can’t quite keep up with demand. If so, we’ll email you to let you now how long any delay might be.
4. If we are unable to supply you with exactly the same product shown on the site (perhaps a transfer is no longer available, for example) we will do so with a very similar one of the same quality. If we need to, we’ll contact you first for approval. If for any reason you are unhappy with the replacement you are entitled to return it in the condition in which it was received, for a refund to the value of the goods (including VAT) including the shipping. Refunds will be made with 7 working days (except during holiday periods when this may extend to 21 working days).
5. You are free to cancel orders up to the time of their dispatch by emailing us at email@example.com to receive a full refund unless it is a bespoke order (deviating from our standard, advertised lines) being made specifically for you. If it has already been made when we receive your cancellation you would be liable for the full cost, minus any shipping charges that would have been incurred.
6. The Distance Selling Regulations require on-line retailers to observe fair practices to protect the consumer when they are not able to visit physical premises and view the goods. And we work hard to observe these rules. In our case, the Regulations apply to photography and tuition ordered from this site. But perishable goods, such as chocolate, are excepted from the Regulations and the normal 7 working days "cooling off" period doesn't apply. We're therefore unable to accept returns unless the goods were defective before leaving our premises. In the case of defective goods, you will be entitled to a full refund, including return shipping. The return address is: Carlotta’s Chocolates, Wardhill, Brechin, Angus DD9 7PE, Scotland.
In the event that we are returned perishable goods claimed as defective, in a state altered from how they were dispatched (according to our dispatch reference photograph), we reserve the right to issue no refund for the order, unless it is clear that the damage was caused by the delivery service. If this is so, you must not sign for the package and instead, ask the courier to return the package to us. You will be entitled to a replacement order. If you do sign for the package, you deem that it has been delivered in an acceptable state and, unless the productive is defective, are not entitled to a refund.
7. If the package has obviously been damaged in transit, please do not sign for. We protect your order with bubble wrap: it doesn't look pretty but offers better protection than a box. If, on opening an undamaged package, you find the goods to be defective, please notify us straight away (contractually, within 7 working days of delivery) by email, then carefully repackage them and return them to us by Royal Mail, Recorded Delivery as a proof of postage alone doesn’t constitute a proof of delivery at our end. We’d advise you to take a reference photo of the defect (so we can compare it to our dispatch photo) and to email it to us. If we have supplied defective products you are entitled to a full refund, including postage (see 4, above).
8. It’s your responsibility to give us the correct delivery address and postcode and we can’t be held liable for a late or failed delivery when we haven’t had this information.
9. Depending on the size of your order and location, we will dispatch by either Royal Mail or a courier service within a working day of your order being packaged. This will normally be within 5 working days of receiving your order. If there is to be a delay of longer than 5 days we will notify you to give you the option to cancel your order and receive a refund.
10. We are unable to guarantee the delivery dates promised to us by our couriers. And sorry, but we cannot be held liable for any consequential loss that results from non-delivery or failure to deliver by a particular date or a particular line.
11. Prices shown on this website include VAT at the current rate but not shipping, which is added to your bill. It too is subject to VAT. If you are in the fortunate position of being able to reclaim the VAT element legitimately and are VAT registered outwith the UK, please supply us with your VAT number so that that we can treat your order as an EU Dispatch. Under the provisions of VAT Notice 701/30, we are not required to charge VAT on private tuition we offer during our chocolate making or photography workshops.
12. You have the option to buy from our site as a guest without registering but we will still need your name, address, telephone number, card details and email address to fulfil your order.
13. Our website’s host, BigCommerce, employs 128 bit SSL encryption technology to protect your payment card details. Your credit card details are not stored.
14. You should be aware that our ingredients may include milk, soya, nuts, gluten, wheat, eggs and other potential allergens. While we provide this information on the product label, we cannot guarantee the absence of any other known or unknown allergens in the product.
15. You may not resell chocolate products bought from this site.
16. Workshops: the full amount for the class is due at the time of booking. We require a minimum of 10 days notice by email or in writing for any changes to booked classes. In such circumstances, we will provide you with a list of alternative class dates. If you are unable or unwilling to accept any of the alternative dates or you cancel less than 10 days in advance of the date the workshop will be delivered, we will refund 50% of the total you have paid. Should there be insufficient participants to allow us to run a workshop, we reserve the right to cancel your booking up to 7 days before the workshop is scheduled at which point we will write to you, offer an alternative date and if unacceptable, refund monies paid in full and at that point end our liability.
17. The contract between you, the buyer and us, Carlotta’s Chocolates, is governed by Scottish Law and by placing an order and accepting the terms and conditions laid our here it should be understood that we have a contract.
18. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.)
19. These terms and conditions, together with our current prices on our website, delivery details and contact details, set out the our agreement relating to the supply of the products to you by us. Nothing said by any person on our behalf, be it in person or on the internet, should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
20. All original images, design and copy on this site are copyright of Niall Benvie and Charlotte Eatough.