Terms & Conditions
Making A Purchase
To be able to order chocolate prices you will need to register your business details with us.
We'll need to know the following information:
Your business name, address, telephone number and email address.
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Shipping and Handling
The minimum order for FREE delivery is £100 plus vat. For delivery to certain areas of Scotland, Offshore Islands (Scottish Islands, Channel Islands), Northern Ireland & Eire the minimum order for free delivery is £1000. We are happy to quote for carriage if your order does not meet the criteria for free delivery.
We will take all reasonable steps to deliver your order within the time indicated. However, we will not be under any liability to you in respect of any failure to deliver within this timescale or on any particular day or dates. Customers who use our Courier Delivery service MUST provide a delivery address where the order can be accepted and signed for. i.e. your home, a neighbour or your workplace.
There are several days each year that we cannot despatch chocolate orders due to extremes of temperature. (over 28 degrees) and extremes of weather. These are circumstances beyond our control & we will not be under any liability to you in respect of failure deliver within this timescale or on any particular day or dates.
Courier Deliveries
If you are not there to sign for your parcel the courier will leave a calling card. You will need to ring the number on that card to re-schedule delivery.
PLEASE ensure that you have your parcel delivered to an address where someone will be available to sign for it. This can be a work address.
PLEASE ensure that you have given the correct address and postcode.
In the event that you are expecting a parcel that has not yet arrived or want to check its status please contact us with your order number and we will give you a contact number for the courier and your consignment number.
Delivery Schedule
Most of our products are made to order. Our aim is to turn your order around within 7 days of receiving the order. During peak times this can increase to 2 weeks.
Delivery and the customer's acceptance of the Confectionery shall be deemed to have taken place upon the signed delivery note by the customer or any agent, employee, nominee, representative of the customer or by an independent carrier. We will take reasonable steps to deliver your order within the times indicated. However, we will not be under any liability to you in respect of failure to deliver within this timescale or any particular days or dates. Customers MUST provide a delivery address where the order can be accepted and signed for. The cost of failed delivery will be passed to the customer.
Force Majeure
We will not be held responsible for failure or delay in carrying out our obligations under the contract arising out of any cause outside of our reasonable control or by the inability to procure materials or articles except at a higher price due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
Retention of Risk and Title:
The risk in the goods shall pass to you on delivery. All goods, delivered or not, remain our property until payment in full is received. Until such time payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property, and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance to these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable license to enter your premises for the said purposes. Title of goods supplied remain vested in the seller until the invoice price has been paid in full.
Some of our private label customers supply their own packaging and/or raw materials. Our warehouse will not accept any goods that are not listed on our goods in system and therefore you should not send any products to us without our prior knowledge. All items are risk assessed by the food safety team before arriving on site. No item can be accepted on-site without the food safety team approval. Any customer supplied items that we store in our warehouse are the property of the customer and therefore it is the responsibility of the customer to fully insure their items. Hames Chocolates will not accept any liability whatsoever for customer supplied packaging and raw materials.
Tax Charges
For orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free.
Guarantee
Most of our products are made to order. This gives you the longest shelf life available. Generally, 12 months for chocolate bars and 9 months for filled chocolates.
Bespoke Products
Due to the manufacturing processes involved final quantities can vary +/- 10% and you will be charged contract rate for the quantity delivered. Tools of all kinds, moulds, films, drawings and any necessary tool required for production remain our property irrespective if the purchaser contributes to the production costs. Any moulds, tools, clichés, etc required for special designs will be kept for 12 months before destroying if no re-order is received during this time.
You warrant that you are the author, licensee or assignee of all text, logos, artwork and any other materials ("Material") supplied by You to us and are authorised to supply such Material to be displayed on our products. To the extent permitted by law we hereby expressly exclude any liability where Material supplied by you infringes the intellectual property rights of any third party and any direct, indirect or consequential loss or damage incurred by any third party in connection with the display of such infringing Material on our products, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of goodwill or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We are the distributor (and not a publisher) of Material supplied by You.
Products
We reserve the right to alter any details or designs of products illustrated without notice and while every effort is made to describe goods accurately in the catalogue no warranty is given to accuracy and no responsibility will be accepted for error or misdescriptions and any resulting loss.
Promotional Materials
We keep our website and catalogues constantly updated using updated images of our work. This may mean that your text, logos, artwork and any other materials ("Material") provide by you to us may be photographed and included in our promotional materials. By agreeing to our terms and conditions you authorise us to use your Materials for these purposes. If you do not wish your personalised products to be photographed you must notify us in writing when placing your order or within 7 days from placing an order with us.
Privacy Policy
Hames Chocolates Ltd do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option.
They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' (in Internet Explorer) and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.
Data collected by this site is used to:
a. Take and fulfil customer orders.
b. Administer and enhance the site and service.
c. Only disclose information to third-parties for goods delivery purposes.
Data collected by this site is used to:
a. Take and fulfil customer orders
b. Administer and enhance the site and service
c. Issue a unique identifier (e.g. customer login)
d. Monitor customer account status beyond that required for individual purchases
e. Only disclose information to third-parties for goods delivery purposes
Returns Policy
Goods should not be returned without our prior agreement.
All goods must be checked before signing for them. The courier asks for you to sign for them in good condition please check your goods BEFORE signing, otherwise, you will have signed to say that you have accepted the goods in good condition. All shortages & breakages must be notified in writing within 3 working days. Goods must be retained for inspection.
Cancellations:
If you would like to cancel an order notification must be sent to us in writing and have received written confirmation from Hames Chocolates Ltd for any cancellation to be accepted. Due to the bespoke nature of some of our products, it is not possible to cancel some goods once the order has been placed.
Remittance Terms
If you wish to open a credit account please email our accounts department for a credit application form. New accounts will initially be opened on a proforma basis (payment in advance) A credit account can be applied for at any time but is subject to our approval. Payment for account customers must be made in 28 days of the invoice date. All accounts overdue by more than 28 days will automatically be transferred to a debt collector. The customer accepts the cost of the collect and subsequent legal action will be payable by the customer in full. Hames Chocolates Ltd reserve the right to charge interest at the rate of 2% per month on the invoiced price of the goods where the payment due date (as specified above) has been exceeded. This will apply until the invoice price has been paid in full. We regret that we are unable to open a credit account for any business that has been trading for less than 12 months.
For all orders placed overseas payment by bank transfer is the only payment method accepted.