These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” – means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Dispatch Confirmation” – means our acceptance and confirmation of your Order;
“Goods” – means the goods sold by Us through Our Site;
“Order” – means your order for Goods;
Information About Us
1.0 Our Site, www.monkbar.com is owned and operated by Monk Bar Chocolatiers Ltd.
Access to and Use of Our Site
2.0 Access to Our Site is free of charge.
2.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.2 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Intellectual Property
3.0 These Terms and Conditions, all content included on Our Site, unless, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property. By continuing to use the Our Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Our Site without written permission from Our authorised representative.
Goods, Pricing and Availability
4.0 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
4.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.2 Please note that sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 8 if you receive incorrect Goods.
4.3 All Goods are made in the same environment as nuts so we cannot guarantee they are free from nuts.
4.4 We neither represent nor warrant that Goods will be available.
4.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
4.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
4.6.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
4.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
4.8 All prices on Our Site include VAT where applicable. If the VAT rate changes between your Order being placed and Us taking payment, we reserve the right to adjust the amount of VAT payable Delivery charges are not included in the price of Goods on Our Site. Delivery charges are available on the website before you confirm the purchase. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
5.0 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.1 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
5.2 Dispatch Confirmations shall contain the following information:
5.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
5.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
5.3 [We will also include a paper copy of the Dispatch Confirmation with your Goods].
5.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
Payment
6.0 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
Delivery, Risk and Ownership
7.0 All Goods purchased through Our Site will normally be delivered within the times given on the Site during the Order process.
7.1 We will deliver products to the delivery address supplied by you when the order is placed.
7.2 You are responsible for providing a complete and accurate delivery address and any other information reasonably necessary to complete delivery.
7.3 We are not responsible for additional costs, delay or failed delivery caused by incorrect or incomplete information supplied by you.
7.4 We are not responsible for delay or failure caused by circumstances beyond our reasonable control, including severe weather, transport disruption, carrier disruption, industrial action, failures of utilities or communications networks, natural disasters or other events which we could not reasonably control.
7.5 Where you expressly authorise a carrier to leave a parcel in a specified safe place, with a neighbour or in accordance with other delivery instructions, responsibility for the parcel will pass in accordance with applicable law once delivery has been completed in accordance with those instructions.
7.6 None of our Products are for resale and the offering for sale of any of our Products is strictly forbidden. We reserve the right to take legal action in respect of any resale or offer for sale.
Faulty, Damaged or Incorrect Goods
8.0 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
8.1 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Gift Vouchers
9.0 Gift Vouchers are not redeemable online, they may be redeemed in the shop at 7 Shambles, York, YO1 7LZ.
9.1 Unless otherwise stated, Gift Vouchers are valid for 12 months from the date of issue.
9.2 The expiry date forms part of the conditions of the Gift Voucher. Subject to your statutory rights, any unused balance remaining aster the expiry date will be forfeited, and the Gift Voucher will be deactivated.
9.3 Gift Vouchers cannot be exchanged or redeemed for cash; cannot be resold for commercial gain; do not generate cash change; and retain any unused balance for use before the original expiry date.
9.4 A Gift Voucher balance will be reduced by the value of each redemption, and any remaining balance may be used until the original expiry date.
9.5 We may refuse to accept a Gift Voucher where we reasonably believe that is has duplicated, used fraudulently, or used without authority.
Our Liability to Consumers
10.0 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.1 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.2 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control
11.0 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.1 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.1.1 We will inform you as soon as is reasonably possible;
11.1.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
11.1.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
11.1.4 If the event outside of Our control continues for more than 28 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
11.1.5 If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
11.1.6 If the contract is cancelled by you or by Us under this Clause 11, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).
11.2 Resale and Commercial Use:
11.2.1 Unless we expressly agree otherwise in writing, products purchased through our consumer Site are supplied for personal use and not for commercial resale.
11.2.2 You must not purchase products from the Site for the purpose of unauthorised commercial resale or distribution.
11.2.3 We may refuse or cancel an order where we reasonably believe it has been placed for unauthorised resale, subject to applicable law.
Communication and Contact Details
12.0. If you wish to contact Us please email info@monkbar.com or by telephone 01904 634999 or by post at Monk Bar Chocolatiers Limited, 7 Shambles, York, YO1 7LZ
How We Use Your Personal Information (Data Protection)
13.0 All personal information that We may collect (including, but not limited to, your name, address, email address, recipient details and telephone number) will be collected, used and held in accordance with the provisions of applicable data protection legislation and in accordance with our Privacy Policy here.
13.1 As further described in the Privacy Policy we may use your personal information to:
13.1.1 Provide Our Goods and services to you;
13.1.2 To organise and facilitate the supply of our Goods and services to you;
13.1.3 Process your Order (including payment) for the Goods; and
13.1.4 Inform you of new products and/or services (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
Use of Our Site
14.0 You may not use Our Site for any of the following purposes:
14.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
14.1.2 Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
14.1.3 Interfering with any other person’s use or enjoyment of Our Site; or
14.1.4 Making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission
You will be responsible for Our losses and costs resulting from your breach of clause
15.0 You may link to Our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
15.1 Our Site must not be framed on any other website.
15.2 Our Site provides links to other websites for your information. If you use these links, you will be redirected away from our website. We therefore do not endorse or make any representations about third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked via Our Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
Other Important Terms
16.0 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions and the suspension or cancellation of your registration and your right to use Our Site shall not affect either party’s statutory rights or liabilities.
16.1 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.3 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16.4 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
16.5 Nothing said by any sales person on Our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Law and Jurisdiction
17.0 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.1 Any disputes concerning these Terms and Conditions, the relationship between you and Us, the Goods or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.