About

Established in May 2012, Choctails saw a hobby turned into a business.

We handmake alcoholic truffles based on cocktails and drinks, available in various sizes of gift box so there's something to suit every budget. Our boxed chocolates are perfect for birthdays, Christmas, special occasions or just because you want to spoil yourself.

Each of our Choctails has been carefully blended to try and recreate the essence of the cocktail. Don't think in terms of white, milk or dark chocolate, but instead think about the cocktail. The chocolate is an integral part of the blend. Be daring. Try something you wouldn't normally choose. You might surprise yourself!

At Choctails we want to ensure that our chocolate not only looks and tastes great, but that the sourcing and processing of our ingredients has been done according to green, fair and ethical standards. That's why all of our chocolates are made from sustainably grown cocoa and freshly made to order. Where possible we try to source spirits from local producers with a similar ethic to our own.

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4 Watsham Place, Wivenhoe, Essex, CO7 9WP, GB

Terms and Conditions

GENERAL TERMS AND CONDITIONS OF TRADING

1. INTRODUCTION

1.1 These Terms & Conditions are intended to be in plain English, avoiding jargon as far as possible, although some technical language is impossible to avoid. Words have their ordinary every-day English meanings unless further or otherwise defined in applicable law. If you are unsure about anything in these Terms & Conditions, you should ask for clarification before confirming your order.

1.2 In these Terms & Conditions, (i) “Choctails” means Choctails Ltd; (ii) “we” or “our” or “us” means Choctails Ltd unless the context makes clear that it means both parties jointly; and (ii) “you” means the buyer, customer or other party to the contract.

1.3 These Terms and Conditions do not apply to online orders through the Choctails website, but only to all other contracts with Choctails.

2. THE CONTRACT BETWEEN US

2.1 Once you place and we accept your order, there is a binding contract between us subject only to these Terms & Conditions. No other document, conversation or communication of any sort, will amend or form part of that contract unless both parties expressly state that they intend it to.

2.2 Your written confirmation of order, our written confirmation of acceptance, and these Terms and Conditions, represent the entire contract, unless varied in writing by mutual agreement.

2.3 This contract is governed by the law of England and Wales.

2.4 If any part of this contract is found by a court to be unenforceable or invalid, that shall not prejudice the enforceability and/or validity of any other part of this contract.

2.5 In this contract, “in writing” includes by email, and English laws permitting “e-signature” apply. This means you and Choctails are bound by emails in the same way as if we had signed a letter or other physical document.

2.6 If you break the contract Terms & Conditions, you agree to pay on a full indemnity basis, any legal, related or other costs reasonably incurred by Choctails in enforcing our rights under the contract.

3. PRICE & PAYMENT TERMS

3.1 Unless credit terms apply (see 3.3 & 3.4 below), we must receive payment in full for your order before your order is accepted. Your order has not been accepted until we send written confirmation (wherever possible by email).

3.2 The price shall be the price quoted on our website for the relevant goods at the time the order is placed, except where a different price has been agreed prior to order, and is confirmed in the order confirmation. Where goods ordered are not offered through our website as standard, and / or have been created especially for you, a price must be agreed before we can accept your order, and confirmed in writing in your order.

3.3 For business or corporate customers with orders over £500 net of VAT we may, at our discretion and subject to satisfactory credit references, allow payment after invoicing you, instead of payment in advance of acceptance of your order. In this case, payment will be due as stated in writing in our acceptance of your order, and in any case never later than 30 days from the date of invoice.

3.4 If you apply for and are offered a running credit account, this will be subject to additional terms and conditions set out in a separate agreement governing that account, and shall be deemed incorporated in to these terms and conditions, and vice-versa.

3.5 Wherever goods are provided on credit, whether subject to 3.3 or 3.4 above or otherwise, all goods will remain the property of Choctails Ltd until paid for in full. In the case of payment by cheque or other means where there is any delay between your authorising/instigating payment, and funds clearing, goods are not paid for until payment has irrevocably cleared to our account.

3.6 Payment must be made in any one of the following ways unless we expressly agree otherwise:

Cheque (subject to clearance)

Depositing money in GBP directly into Choctails' bank account

Credit Card (Mastercard/Visa) subject to a credit card surcharge of 1.95%, which we may increase without notice if – and only if, and to the level that – the card company increases their charge to us.

Debit Card (Delta/Visa Debit Card/Electron)

3.7 As part of our Fraud Prevention Measures, all payments by credit or debit card are subject to security checks including address and postcode verification. Any transaction where any of these checks is / are failed may be rejected by our Payment Services Provider. For your added protection, we do not store your card details.

3.8 (i) Where goods are provided before payment is received, and notwithstanding that goods will remain the property of Choctails Ltd until paid for in full in accordance with 3.5 above, all risk of any type whatsoever in relation to keeping, storage & security of, and/or loss of or damage to, all goods, shall pass to you on delivery.

(ii) This means you are responsible and liable to us for the goods up to their full value under the contract, from that time.

(iii) You warrant to us that you have sufficient insurance in place to cover all such risk, to the extent that your ability to pay your account balance is preserved in full in any eventuality.

3.9 An application form to set up a credit account will be sent to you on request. It can take several weeks to obtain references, and considering your application does not guarantee acceptance.

4. STOCK AVAILABILITY AND DELIVERY OPTIONS

4.1 To afford you the maximum shelf life possible, all our products are freshly made to order. Once your order has been accepted we will advise you of an estimated delivery date.

4.2 We will make every reasonable effort to deliver by the estimated date, but this does not form a term or condition of the contract unless you tell us in advance in writing that delivery by a specified date is essential to the contract, and we accept your order on that basis.

4.3 In no case shall we be liable for delays to delivery caused by factors outside our control. These include but are not limited to failures by our sub-contractors responsible for delivery, and resulting from industrial action, exceptional whether, sickness or death, or other exceptional circumstances of which we could not reasonably have been aware or have predicted, before accepting your order.

4.4 (i) UK mainland orders priced at over £100 net of VAT are delivered free of charge.

(ii) For other orders, we will where possible confirm delivery charges in writing on receipt of any preliminary inquiry. In the event we receive a firm order first, our acceptance of your order will include delivery charge information which you will be deemed to have accepted, so that it forms part of the contract, unless you notify us you do not agree and do not wish to proceed, as soon as reasonably practicable and in any event in accordance with cancellation terms at 6 below.

5. ABORTED DELIVERIES

If a delivery is aborted because there is no one at the delivery address, a charge may be made to cover the additional costs invoiced to us by our courier. You will be liable for this up to a maximum of the charge actually made to us by the courier.

6. RETURNS, REFUNDS AND CANCELLATIONS

6.1 Orders may be cancelled at any time prior to dispatch, except where they were ordered by you or sourced or manufactured by us specifically to fulfil your order, and were not goods routinely made or stocked by us.

6.2 If an order paid for by credit card is not cancelled on the same day it was placed, you will be liable for the credit card surcharge applied to the original payment as well as any second charge for the refund. This charge shall not exceed that charged to us by the card company.

6.3 Goods must be inspected at the time of delivery and any damages or shortages must be reported to us immediately, as soon as practicable, or in any event within 24 hours of receipt. If you are unable to inspect the goods at the time of delivery, you must ensure that the goods are signed for as “goods unchecked”; failing which we reserve the right to reject any claim that the goods were not received in full, and in proper condition.

6.4 In no circumstances will we offer any refund for, or be responsible for any claim in respect of, any goods when:

(i) they have been opened but are otherwise free of fault; or

(ii) they are returned to us in poor condition or with the original packaging marked or damaged, and this was not immediately notified to us on receipt, as their condition on receipt; or

(iii) they are returned out of date; or

(iii) they were made or brought into stock especially for you, and were delivered fault free.

6.5 We may at our absolute discretion accept return for refund, at your transport cost, of goods ordered by you in error. But we will not do so where these are opened from their original packaging; where they are despatched back to us less than 3 months from their best-before date; or where they were sourced or manufactured by us specifically to fulfil your order, and were not goods routinely made or stocked by us. Where we do so, we will refund only the price of the goods returned and not any delivery price. Where delivery was free, we reserve the right to deduct from any refund, the actual cost to us of delivery to you.

7. EXCLUSIONS

7.1 All rights and liabilities otherwise arising under the Contracts (Rights of Third Parties) Acts are excluded by the parties' mutual agreement.

7.2 Insofar as the law allows, all rights and liabilities against Choctails, under all legislation whatsoever which may otherwise create them, and beyond those rights and liabilities expressly created by this contract, are excluded by the parties' mutual agreement.

7.3. Insofar as any applicable law allows, the parties agree that neither shall bear any liability whatsoever to the other and all liability of any sort whatsoever is entirely excluded, insofar as that liability exceeds that necessarily flowing from the express letter of these Terms & Conditions.

7.4 Insofar as the law allows, the exclusions above expressly include, but are not limited to, agreement by the parties that Choctails bears no liability whatsoever in any circumstances, for any cost or loss in any circumstances whatsoever, for any reason whatsoever, beyond the agreed price of the goods or services agreed to be provided.

CHOCTAILS T&Cs END

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