BIRDGATE CHOCOLATIERS TERMS AND CONDITIONS
We are a small artisan producer. All our products are produced in small batches. Occasionally this may mean some products are not available. In the case of boxes of mixed chocolates, it may be necessary to substitute certain products for something similar.

In the case of seasonal items there will be limited numbers of some products. We will do our best to keep our customers informed of this via the web site and or other social media. You are welcome to telephone 01751 477755 during shop hours for any questions or availability of stock.

PRODUCTS
All of our chocolates are handmade in an environment that handles nuts, peanuts, wheat, milk, egg, sulphites and soya, therefore they may contain traces of these ingredients.

You are not permitted to sell, re-sell or offer for sale any of our products without our written consent.

The prices payable for our products are indicated on our website. There is an additional charge for postage as indicated.

Some products may have limited availability (such as Easter Eggs and Christmas Gifts) ordering does not guarantee supply.

DELIVERY
Delivery is £3.95 per order.

Orders are usually despatched within 1-2 working days if placed Monday to Friday. Any orders placed on a Saturday or Sunday will be despatched the following Monday. Bank Holidays are not counted as ‘working days’.

All orders are sent via Royal Mail 24 Tracked and once they are despatched should arrive in 1-2 working days. Please note that this is only an estimate and may be longer at certain times of the year and around public holidays such as Christmas. Please see Royal Mail website for further details for their terms.

Products ordered by you will be delivered to the address given by you. We will not check or verify delivery details or messages. It is your responsibility to check the accuracy of the details.

We cannot guarantee the condition of goods delivered in warm weather. (delivery vehicles and storage depots may be warmer than outside temperature).

We accept no liability for any failure, delay, damage or defect of products caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, flood, fire, pandemic, explosion or accident.

RETURNS
If products delivered are not as ordered, or were defective or damaged at time of delivery, or you do not receive the products ordered, you must notify us within 24 hours of the scheduled delivery time by phone or email. We shall have no liability to you other than as set out below

-to replace any products that are defective or damaged;
-to make good any shortage or non-delivery;
-or to credit to you the amount paid by you for the products in question within 30 days.

We will notify you of any refund via email within a reasonable period of time. We will process the refund within 14 days of the day we confirmed that you are entitled to a refund. Refunds will be made using the same payment method you used for the initial transaction.

CONTENT OF THIS WEBSITE AND OTHER MATERIALS
You may not reproduce, copy, modify, or distribute or use for commercial purposes any of the material on our website or commercial materials with out the owner of Birdgate Chocolatiers written consent. You will be responsible for our losses and costs resulting from your breach of this clause.

You may not use our website for: disseminating any unlawful, libellous, harassing, harmful, abusive, vulgar, threatening, obscene or otherwise objectionable material or otherwise breaching any laws; transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice; interfering with any other person’s use or enjoyment of the website; or making, transmitting, or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission.

LIABILITY
Ian Peacock T/A Birdgate Chocolatiers, any other party (whether or not involved in creating, producing, maintaining or delivering our website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct or indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise) in connection with our website in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from our website or any websites linked to our website.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any part of these conditions will not be affected.

You acknowledge and agree to be bound by these terms of our privacy policy.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under UK contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from the Act.

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

These Terms and Conditions, together with our current website or trade prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. 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 products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for such representation being untrue or misleading.

CONTACT
Ian Peacock T/A Birdgate Chocolatiers
14 Birdgate,
Pickering,
North Yorkshire,
YO18 7AL

Telephone: 01751 477755
www.birdgatechocolatiers.com