Terms of service
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. Customers are not allowed to place elements on their design that are conflicting with Regulation (EU) No 1169/2011.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. Referral
Referrer Rewards
- 11.1 Referrers are offered 15% off their next order (the Reward) for each person they refer who orders via Tony’s Chocolonely.com for the first time. The Reward is valid for the longer of three months, or until Tony’s Chocolonely discontinues its referral programme.
- 11.2 Rewards will be cumulative and so if multiple qualifying referrals are made, multiple rewards will be delivered to the referrer, subject to a limit. A referrer may not earn more than 5 Rewards within any 24 hour period or 50 within any 12 month period.
- 11.3 The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned. 11.4 Rewards will be delivered to the referrer on the day of the referee’s purchase provided the referee’s purchase is not cancelled.
Referee Rewards
- 11.5 Referees are offered 15% off their first order (the Referee Reward) via Tony’s Chocolonely.com when they are referred by a Referrer. The Referee Reward is valid for the longer of three months, or until Tony’s Chocolonely discontinues its referral programme. 11.6 To qualify for the Referral Reward, the referred friend must be a new customer to Tony’s Chocolonely.com.
General
- 11.7 Both the referrer and the referee must be over the age of 18 for a valid referral to be made. 11.8 Referral rewards cannot be combined with other discount codes in a single order. 11.9 The Rewards and the Referree Reward do not apply to bundles or digital gift cards on Tony’s Chocolonely.com. 11.10 Any rewards will be revoked if a refund is requested on the order for which the reward was offered. 11.11 Tony’s Chocolonely reserves the right to refuse the issue of any Reward or Referee Reward to any referrer or referee at any time. 11.12 Tony’s Chocolonely reserves the right to vary any and all elements of its referral programme at any time without notice. 11.13 Referrals will not be accepted where the delivery address of the referrer and referee match – Tony’s Chocolonely reserves the right to cancel orders if such behaviour is seen. Rewards and Referree Rewards will not valid if the referrer and the referee live at the same household.
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
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.
15. 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.
16. 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.
17. 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
GB88DEUT40508116078802