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privacy policy & terms and conditions

Every day Tony’s Chocolonely works hard to help make chocolate 100% slave free. We work in direct partnership with cocoa cooperatives. And because we’re serious about people, we tell you exactly which cooperatives we work with and where our chocolate comes from. We’re just as serious about any personal data you give us. Our privacy statement and terms and conditions tell you everything you need to know (impressively official hey..).

PRIVACY POLICY



PRIVACY STATEMENT
Effective date: February 2019

Tony’s Chocolonely Privacy Statement 
Tony’s Chocolonely works very hard every day to make the chocolate world 100% slave-free. That is why we tell you exactly where our chocolate comes from. We want to be just as clear about the personal data you provide us with. That is why we will explain this to you in this Privacy Statement. 

1. Who we are
We are Tony’s Chocolonely Ltd. Our registered address is 50 Broadway, London SW1H 0BL, the United Kingdom. Our Company Number is 11565535. We can be reached by email at mailuk@tonyschocolonely.com or you can call our chocophone at + 31 20 - 20 512 00.

2. What do we use your personal data for? 
We have asked you to provide certain personal data, such as your name, email address, address and payment details including your bank account number and telephone number.

We use this personal data to process your order, to check the progress of your order and to send you an invoice. If you do not provide us with this personal data we will not be able to deliver the chocolate products you bought. We also use your personal data to communicate with you, for example, if we want to check certain aspects regarding the order and delivery with you. 

3. How we collect your personal data
We collect your personal data in different ways:

  • Direct interactions with you: for example when you write to us by post, phone, email or otherwise, sign up to our newsletter or create a Choco account.
  • Automated technologies or interactions: as you use our website, we will automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
  • Third parties or publicly available sources: we will receive personal data about you from many third parties such as analytics providers (such as Google based outside the EU) or providers of technical, payment and delivery services (such as Adyen, which is based in the EU).

4. Choco account
It is convenient if you create an account yourself, because then you do not have to submit all your personal data for each new order. In your account you can view and update your personal data. Here you will also find information relating to orders placed, an overview of the invoices, returns, and information you wish to receive, such as newsletters. You can manage your account by logging in. 

5. Tony’s and its customers 
We would like to get to know you well to be able to accommodate you where possible. We will record your contact and purchasing details in our customer system. We will also record whether you have participated in our campaigns. Furthermore, we will keep track of our contact moments and of what we discussed during our contact with you. This way we will know which products you find interesting, how often you visit us and what keeps you busy. With this information, for example, we can inform you about the impact you had: how the position of the chocolate farmers has improved thanks to you. We also use this information to continuously improve and update our website and our product range, to develop campaigns and to keep you informed based on your interests. 

6. On what basis do we process your personal data?
According to the law, we have to let you know the ‘legal bases’ on which we process your personal data. These are the following: (i) your consent, for example if you have given your consent to receive the newsletter (ii) to perform a contract with you , for example when you place an order, (iii) on the basis of a legal obligation, for example based on tax legislation and (iv) if we have a legitimate interest in doing so, for example for maintaining contact and to keep track of your interests. 

7. Newsletter
We can also use your email address to send you a newsletter, containing information about our new products, promotions or other news. We will only do so if you have given us your consent. You can withdraw this consent using the ‘unsubscribe’ link you find at the bottom of each newsletter. By the way, this will always apply. If you have given us consent to use your personal data, you can always withdraw your consent just as easily.

8. Who else will receive your personal data? 
We care about your personal data and we will only share it with others if this is necessary to ensure that you will receive your order. We select authorised third parties and review their privacy and security policies. Examples are our payment processors, technology support, delivery services, the distribution centre and also the printing company if you ordered a personalised wrapper. We do not share your personal data with others for advertising purposes and if you surf the internet we will not show you advertisements from Tony's on other sites.

9. How long do we keep your personal data?
The statutory obligation to retain data in accounts receivable records and sales records is a seven-year period. This means that, in any case, we retain personal data such as your name, email address, address, payment details, telephone number and – for business customers - also data such as the Company Registration Number and the VAT number, for a period of seven years. 

10. How do we keep your personal data safe?
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we only give access to your personal data to employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected personal data breach. If there is a breach, we will notify you and any applicable regulator where we are legally required to do so.

11. International
We just prefer to keep your personal data as close as possible, but we may need to share your data sometimes, for example with our US office. If it is necessary to share your personal data with parties outside the European Economic Area (EEA), we will only do so if a particular statutory exception applies or if so-called appropriate safeguards have been put in place. These appropriate safeguards will ensure that your personal data is used outside the EEA in accordance with European standards. For example:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside the EEA.

12. Questions about your personal data 
If your personal data is incorrect, you can always ask us to correct it. If you have created an account, you can often update your personal data yourself. If you wish to view your personal data or receive a copy, this is possible as well. Sometimes, it is also possible to have your personal data erased, to object against the use of your personal data or to limit its use. In certain cases it is even possible to request your personal data and to take it to another party. For all these questions please contact us at mailuk@tonyschocolonely.com or you can call our chocophone at + 31 20 - 20 512 00. 

13. Complaints?
If you have any complaints about how we handle your personal data, we do regret that. In this case, send an email to mailuk@tonyschocolonely.com, or call our chocophone (+31 20 - 20 512 00). We will be happy to help you find a solution. If a solution cannot be found, you can always contact the Information Commissioner’s Office (ICO) at https://ico.org.uk/

14. Changes
We continue to work on a better product and a better website. As a result, sometimes there are changes to the personal data we ask you for and what we do with this personal data. Regulations may also change. In this case, we will amend this Privacy Statement. Therefore, please check this Privacy Statement regularly so that you stay up to date. If there are major changes, we will inform you via our website. 

 

Online terms and conditions of sale and delivery for consumers and business customers of Tony’s Chocolonely Ltd

Effective date: February 2019

1. Information about us and how to contact us
  • 1.1 We are Tony’s Chocolonely Ltd a company registered in England and Wales. Our company registration number is 11565535 and our registered office is at 50 Broadway, London SW1H 0BL. Our registered VAT number is 311 2197 47.
  • 2.1 You can contact us using any of the methods set out in clause 16.
2. General
  • 2.1 These Terms and Conditions will apply when you order Products from Tony’s Chocolonely via the Webshop.
  • 2.2. These Terms and Conditions only apply to consumers and business customers who purchase the Products for their own consumption. If you are a business looking to purchase Products for resale purposes, please refer to our reseller terms and conditions https://tonyschocolonely.com/uk/en/privacy-policy-&-terms-and-conditions#.
  • 2.3. In some areas you will have different rights under these Terms and Conditions depending on whether you are a consumer or business customer. You are a consumer if you are an individual and you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  • 2.4. If you are a business customer, these Terms and Conditions constitute the entire agreement between us in relation to your purchase of Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation (or negligent misstatement) based on any statement in these Terms and Conditions.
  • 2.5. If you place an order with Tony’s Chocolonely, you have to confirm that you agree to Tony’s Chocolonely’s Terms and Conditions. The Terms and Conditions will be made available to you by means of a digital link. Tony’s Chocolonely has the right to amend these Terms and Conditions – please ensure you check them regularly.
  • 2.6. If you receive Products that you have not ordered or find inaccuracies in a delivery, please inform Tony’s Chocolonely as soon as possible and no later than within fourteen (14) days of receipt of the Products, by sending an email to ordersuk@tonyschocolonely.com.
3. Our contract with you
  • 3.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • 3.2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we have reasonable grounds for suspecting that you intend to resell the Products. 
  • 3.3. Products from Tony’s Chocolonely may not be used for any unlawful purpose whatsoever. On personalised bars we do not print any designs that are libellous, offensive, obscene or threatening. Tony’s Chocolonely has the right to refuse your order if you intend to use the Products for unlawful activities. 
4. Price/shipping costs
  • 4.1. The prices of all Products that can be ordered via the Webshop are inclusive of sales tax (VAT).
  • 4.2. The shipping costs are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and indicates the corresponding amount for shipping and transport costs. For orders exceeding 300 kg please contact us at ordersuk@tonyschocolonely.com.
  • 4.3. The prices of Products stated in the Webshop are subject to change, at the discretion of Tony’s Chocolonely.
5. Delivery
  • 5.1. Generally, all Products  are deliverable from stock but the delivery times stated by Tony's Chocolonely are indicative only. Exceeding a delivery period does not entitle you to any compensation.
  • 5.2. You will receive a message containing a Track & Trace code as soon as the Products are ready for shipment.
  • 5.3. Tony's Chocolonely will execute accepted orders as soon as possible and in principle within five (5) working days. If the delivery is delayed, either because it is (temporarily) out of stock or delayed for other reasons, or if a delivery cannot be executed or can only partially be executed, you will be notified no later than five (5) working days after placing the order. In that case, you have the right to cancel the order within five (5) working days without incurring any costs.
6. Your rights to end the contract
  • 6.1 You can always end your contract with us. Your rights will depend on what you have bought, whether there is anything wrong with it, how we are performing and whether you are a consumer or business customer.
  • 6.2 If you are a consumer or business customer you have a right to end your contract with us because of something we have done or are going to do. In this case, we will refund you for any Products which have not yet been provided. The reasons are:
    • 6.2.1. we have told you about an upcoming change to the Product or these Terms and Conditions which you do not agree with;
    • 6.2.2. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; or
    • 6.2.3. there is a risk that supply of the Products may be significantly delayed because of events outside our control.
  • 6.3 If you are a consumer you may have a right to end the contract if what you have bought is mis-described or damaged. We are under a legal duty to supply Products that are in conformity with this contract. If you wish to exercise your legal rights to reject Products you must post them back to us. We will pay the costs of postage. Please contact us using the details at clause 16 for a return label.
  • 6.4 If you are a consumer, you have the right to change your mind about Products you have purchased within fourteen (14) calendar days of delivery of the Product and then to return the Product within fourteen (14) days of termination. The right of withdrawal referred to in this clause does not apply to personalised Products. If you exercise the right to change your mind:
    • 6.4.1. you must  inform Tony’s Chocolonely of this decision by email within the aforementioned fourteen (14) calendar days. You are not obliged to state the reason of the termination. After termination, you will receive an email from Tony’s Chocolonely containing instructions about how to  return the Product;
    • 6.4.2. as soon as possible, but within fourteen (14) calendar days of termination of the contract, you must  return the Product to Tony’s Chocolonely. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with you;
    • 6.4.3. we will only accept return shipments if the Product is (in the original packaging and) undamaged. The basic principle here is that you may only handle and inspect the Product as you would be allowed to do in a store. Return shipments must be properly packaged. Any shipping costs for returns are to be borne by you – we will not accept your return otherwise.
    • 6.4.4. After receipt of the Product, Tony’s Chocolonely will send you a confirmation of receipt. Within fourteen (14) calendar days of receipt of the return shipment of the Product, Tony’s Chocolonely will reimburse the payment of the Product to you, including delivery fees.
7. Payment
You must pay the price and any other amounts due under the contract, in advance by means of the digital payment methods available in the Webshop.

8. Our responsibility for loss or damage suffered by you if you are a consumer
  • 8.1. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • 8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective Products.
  • 8.3. If you are a consumer we only supply the Products for to you for domestic and private use. If you use the Products for any business purpose our liability to you will be limited as set out in clause 9.
9. Our responsibility for loss or damage suffered by you if you are a business
  • 9.1. Nothing in these terms shall limit or exclude our liability for:
    • 9.1.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
    • 9.1.2. fraud or fraudulent misrepresentation;
    • 9.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    • 9.1.4. defective products under the Consumer Protection Act 1987.
    • 9.2. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • 9.3. Subject to clause 9.1:
      • 9.3.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • 9.3.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total price of the Products paid by you under the contract.
10. Product recall
Tony’s Chocolonely has the right to recall Products at its own discretion, for example  to prevent unsafe Products from reaching the market. In case of such a recall, Tony’s Chocolonely will take the necessary measures to inform you of the recall. Tony’s Chocolonely will publish any recall  on social media and will put a message on the website of Tony’s Chocolonely. In that case, Tony’s Chocolonely will ask you for your cooperation with such a product recall.

11. Intellectual property rights
Tony’s Chocolonely is the owner or licensee of all intellectual property rights on its website, including the word mark TONY’S CHOCOLONELY. You may not use any of Tony’s Chocolonely’s intellectual property rights without our permission. 

12. Communication
Tony's Chocolonely is not liable for incorrect or delayed transmission of order details and communications as a result of the use of the internet or any other means of communication in the transactions between you and Tony's Chocolonely, or between Tony's Chocolonely and third parties, insofar as they relate to the relationship between you and Tony's Chocolonely.

13. Force majeure
Without prejudice to its other rights, in the event of force majeure Tony's Chocolonely has the right, at its own discretion, to suspend the execution of an order or to terminate the contract  after 30 (thirty) calendar days by informing you in writing and without Tony's Chocolonely being obliged to compensate for any damage.

14. Governing law
If you are an individual, these Terms and Conditions are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.you
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

15. Miscellaneous
  • 15.1. We will only use your personal information as set out in our Privacy Policy https://tonyschocolonely.com/uk/en/privacy-policy-&-terms-and-conditions#.
  • 15.2. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • 15.3. No failure or delay by us to exercise any right or remedy provided under this contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
16. Contact
If you have any questions about these Terms and Conditions or if you wish to get in touch with us for any reason, please do so using one of the following methods:

Tony’s Chocolonely Ltd
50 Broadway
London SW1H OBL
United Kingdom

Telephone:  +31 20 2051 200
E-mail:  mailuk@tonyschocolonely.com

 

 

Online terms and conditions of sale and delivery for retailers of Tony’s Chocolonely Ltd


Effective date: February 2019

1. Information about us and how to contact us
  • 1.1 We are Tony’s Chocolonely Ltd a company registered in England and Wales. Our company registration number is 11565535 and our registered office is at 50 Broadway, London SW1H 0BL. Our registered VAT number is 311 2197 47.
  • 2.1 You can contact us using any of the methods set out in clause 17.
2. General
  • 2.1. These Terms and Conditions will apply when you order Products from Tony’s Chocolonely via the Webshop for resale purposes.
  • 2.2. If you place an order with Tony’s Chocolonely, you have to confirm that you agree to Tony’s Chocolonely’s Terms and Conditions. Tony’s Chocolonely has the right to amend these Terms and Conditions, so please ensure you check them regularly.  If you receive Products that you have not ordered or find inaccuracies in a delivery, please inform Tony’s Chocolonely immediately and no later than within five (5) working days of receipt of the Products, by sending an email to mailuk@tonyschocolonely.com.
  • 2.3. These Terms and Conditions only apply to independent resellers. If you are a supermarket please contact us.
3. Our contract with you
  • 3.1. These Terms and Conditions apply to the order by you and supply of Products by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
  • 3.2. This Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
  • 3.3. Each order is an offer by you to buy the Products specified in the order, subject to these Terms and Conditions.
  • 3.4. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
4. Price/shipping costs
  • 4.1. The prices of all Products that can be ordered via the Webshop are inclusive of sales tax (VAT).
  • 4.2. The prices are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and indicates the corresponding amount for shipping and transport costs. For orders exceeding 300 kg please contact us at ordersuk@tonyschocolonely.com.
  • 4.3. The prices of Products stated in the Webshop are subject to change, at the discretion of Tony’s Chocolonely.
5.  Delivery
  • 5.1. Generally, all Products are deliverable from stock but the delivery times stated by Tony's Chocolonely are indicative only. Exceeding a delivery period does not entitle you to any compensation.
  • 5.2. Delivery of the Products is on an Ex-Works basis (Incoterms 2010). You will receive a message containing a Track & Trace code as soon as the Products are ready for shipment
  • 5.3. Tony's Chocolonely will execute accepted orders as soon as possible and in principle within five (5) working days. If the delivery is delayed, either because it is (temporarily) out of stock or delayed for other reasons, or if a delivery cannot be executed or can only partially be executed, you will be notified no later than five (5) working days after placing the order. In that case, you have the right to cancel the order without costs.
  • 5.4. At all times, Tony's Chocolonely, for its own reasons, reserves the right to refuse orders. Products from Tony’s Chocolonely may not be used for any unlawful purpose whatsoever. On personalised bars we do not print any designs that are libellous, offensive, obscene or threatening. Tony’s Chocolonely has the right to terminate the service if you use the Products for unlawful activities.
  • 5.5. If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement products of a similar description and quality, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by a force majeure event, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
  • 5.6. We do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
6. Inspection of the Products
  • 6.1. You have the obligation to examine on delivery whether the Products comply with the Agreement. After expiry of this period you are deemed to have accepted the Products.
  • 6.2. If it is established that the Products do not comply with the Agreement, Tony's Chocolonely has the option to replace the Products in question by new Products, after the Products in question have been returned and receipt thereof, or to refund the invoice amount. In the event that a Product does not comply with the Agreement, you must return the Product to Tony's Chocolonely within eight (8) calendar days of delivery. Return shipments are only accepted if the Product is (in the original packaging and) undamaged. Return shipments must be properly packaged. Any shipping costs for returns are to be borne by you. In the event that any Products delivered were demonstrably damaged or faulty, the shipping costs for returns are to be borne by Tony's Chocolonely.
7. Complaints and liability
  • 7.1. Nothing in these Terms and Conditions limits or excludes our liability for:
    •    7.1.1. death or personal injury caused by our negligence;
    •    7.1.2. fraud or fraudulent misrepresentation;
    •    7.1.3. breach of the terms implied by s. 12 of the Sale of Goods Act 1979 (title    and quiet possession); or
    •    7.1.4. any other liability which cannot be limited or excluded by law.
  • 7.2. Subject to clause 7.1, Tony’s will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:  
    • 7.2.1. any loss of profits, sales, business or revenue;
    • 7.2.2. loss of business opportunity;
    • 7.2.3. loss of anticipated savings;
    • 7.2.4. loss of goodwill; or
    • 7.2.5. any indirect or consequential loss.   
  • 7.3. Subject to clause 7.1, Tony’s total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed [the price you have paid for the Products].
  • 7.4. Except as expressly stated in these Terms and Conditions, Tony’s does not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. 
8. Payment
  • 8.1. In case of payment in advance, you must pay the price and any other amounts due under the Agreement, in advance by means of the digital payment methods available in the Webshop.
  • 8.2. If you have opted for a payment condition of fourteen (14) calendar days, you will receive a digital invoice that must be paid within fourteen (14) calendar days.
9. Storage conditions and Product care
  • 9.1. Tony’s Chocolonely devotes great attention to the packaging of its Products. The wraps contain essential information about, inter alia, nutritional value, ingredients and allergens. You are not, under any circumstance,  allowed to remove wraps from Products, or to replace or adjust wraps or to render them unreadable in any way whatsoever (in whole or in part). If you breach this clause 9.1,  you are liable for any damage incurred by Tony’s Chocolonely and you indemnify Tony’s Chocolonely against any claims by third parties in this respect.
  • 9.2. You will not use in your own name or as a trade name, the name ‘Tony’s Chocolonely’ or any variation that is likely to be confused with this name.
  • 9.3. You will not remove or alter any trade marks or any other marking or notice that appears on the Products or their packaging.
  • 9.4. You shall ensure that Products are not displayed or sold past their expiry date.
10. Product recall
  • 10.1. Tony’s Chocolonely has the right to recall Products at its own discretion. You shall at all times cooperate with such a Product recall and comply with all reasonable instructions from Tony’s Chocolonely.
  • 10.2. In the event that Tony’s Chocolonely is liable for a product recall and this recall has not been caused by your acts or omissions, Tony’s Chocolonely’s liability will be limited to the purchase value of the recalled Products plus a maximum of [EUR 25 (twenty-five euro)] per store involved in the product recall. If the costs per store are lower than the aforementioned amount, this amount will be considered the maximum amount. In this case, you must demonstrate the costs per store.
11. Retention of Title
Title in the  Products delivered by Tony's Chocolonely will remain the property of Tony's Chocolonely until you have paid for them in full. The risk in the Products will pass at the time of delivery.

12. Intellectual property rights
Tony’s Chocolonely is the owner or licensee of all intellectual property rights on its website, including the word mark TONY’S CHOCOLONELY. You may not use any of Tony’s Chocolonely’s intellectual property rights without our permission.  

13. Communication
Tony's Chocolonely is not liable for incorrect or delayed transmission of order details and communications as a result of the use of the internet or any other means of communication in the transactions between you and Tony's Chocolonely, or between Tony's Chocolonely and third parties, insofar as they relate to the relationship between you and Tony's Chocolonely.

14. Force majeure
  • 14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Force Majeure Event).
  • 14.2. If a Force Majeure Event takes place that affects the performance of our obligations under the Contract:
    • 14.2.1. we will contact you as soon as reasonably possible to notify you; and
    • 14.2.2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Goods to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
  • 14.3. In the event that a Force Majeure Event continues for more than 30 days, either of may cancel the contract by giving written notice to the other. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
  • 15.1. When we refer to "in writing" in these Terms, this includes email.
  • 15.2. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
  • 15.3. A notice or other communication is deemed to have been received:
    • 15.3.1. if delivered personally, on signature of a delivery receipt;
    • 15.3.2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
    • 15.3.3. if sent by email, at 9.00 am the next working day after transmission.
  • 15.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
  • 15.5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Governing law and jurisdiction
This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

17. Miscellaneous
  • 17.1. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
  • 17.2. Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  • 17.3. The Contract is between you and us. No other person has any rights to enforce any of its terms.
  • 17.4. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing if this happens. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Tony’s Chocolonely Ltd
50 Broadway, London SW1H 0BL.
United Kingdom

Telephone:+31 20 2051 200
Email:  mailuk@tonyschocolonely.com 

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