Divine Chocolate Policies and Conditions of Use
Welcome to Divine Chocolate Ltd's Online Shop at www.divinechocolate.com (the 'Site'). This Site and its supporting operation is managed by Spark Etail Ltd (registered U.K. number 7551349). Please read the following policies carefully before using the Site. By using the Site, you signify your agreement to be bound by these conditions.
In these policies, the following definitions apply:
"Divine Chocolate Ltd" (also referred to as ‘we' and ‘us') means Spark Etail Ltd, registered in England & Wales No. 7551349 whose registered office is at Follingsby Avenue, Follingbsy Park, Gateshead, NE10 8HQ, United Kingdom.
“Site” means Divine Chocolate Ltd's online shopping website at www.divinechocolate.com
"Shop" means Divine Chocolate Ltd's Online Shop for online ordering of merchandise located at www.divinechocolate.com.
These are the general terms and conditions of Divine Chocolate Ltd governing your use of the Site.
1. What you are allowed to do
1.1 purchase goods from the Shop, provided you accept the Terms of Sale, which will apply to any contract made between you and Divine Chocolate Ltd for the purchase and sale of goods from the Shop. These terms are outlined in Section 2 below;
1.2 browse the Shop using a compatible web browser. Permission to browse the Shop includes permission to make transient or cached copies of parts of the Shop to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Shop by you;
1.3 print a copy of any page of the Shop; for your own personal purposes, provided you do not do any of the things set out under "What you are not allowed to do".
2. What you are not allowed to do
2.1 you may not remove or change anything on the Shop;
2.2 you are not allowed to copy or use any material from the Shop for any commercial purpose, unless permission has been indicated on the Site in connection with a Creative Commons License.
2.3 you are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Shop.
3. Your personal information
4. Usernames and Passwords
4.1 If you want to purchase something from the Shop, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase;
4.3 In the event of any failure or error in the operation of a password(s), you shall cease using the password(s) and exit the Shop immediately, and notify Divine Chocolate Ltd of such failure or error.
5.1 All intellectual property rights in any material (including text, photographs and other images and sound, downloads, software, trade marks and logos) contained in these Site is either owned by Divine Chocolate Ltd or has been licensed to Divine Chocolate Ltd by the rights owner(s) so that Divine Chocolate Ltd can use this material as part of the Shop. These rights are protected by United Kingdom and international copyright and database right laws. You are only allowed to use this Shop and the material they contain as set out in these terms.
5.2 Certain parts of this Site and certain works sold through the Shop are made available under Creative Commons license(s) www.creativecommons.org. Divine Chocolate Ltd's related policies are outlined in section 4 - Creative Commons Licensing Policies.
6. Third party web sites
6.1 This Shop also contains links to other third party web sites, which are not under the control of and are not maintained by Divine Chocolate Ltd. Any such links do not constitute an endorsement by Divine Chocolate Ltd of any products or services available on such sites. Divine Chocolate Ltd provides these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.
7. Suspension and termination of accounts
7.1 Divine Chocolate Ltd may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Shop from time to time. Access to or use of the Shop or pages linked to it will be not necessarily be uninterrupted or error free;
8. Enquiries or complaints 8.1 If you have any enquiries or complaints about the Site then please address them to:
Divine Chocolate Ltd
9. General and governing law
9.2 This Agreement constitutes the entire agreement between Divine Chocolate Ltd and you and supersedes all prior agreements, representations, statements and understandings between Divine Chocolate Ltd and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.
9.3 The failure of Divine Chocolate Ltd to exercise or enforce any right or provision of this Agreement or the delay by Divine Chocolate Ltd in so doing shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
9.4 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts in respect of any dispute arising therefrom.
II. Terms of Sale: Shop Top Λ
1. The Sales Terms
Should you purchase any goods from the Shop, you will be contracting with Divine Chocolate Ltd on the terms outlined below. Please read these terms and conditions carefully.
1.1 These Terms of Sale ("Sales Terms") govern the supply of any goods you order via this Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If Divine Chocolate Ltd accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.
1.2 Please note that Divine Chocolate Ltd reserves the right to amend the Sales Terms from time to time. Divine Chocolate Ltd will publish the amended Sales Terms on the Shop and any new versions of the Sales Terms will come into effect as soon as Divine Chocolate Ltd publish them on the Shop (with the exception that any orders that Divine Chocolate Ltd have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point). If you use the Shop after Divine Chocolate Ltd has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Sales Terms.
2. Availability of the goods supplied by the Shop
2.1 Divine Chocolate Ltd may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. Divine Chocolate Ltd may do this at any time and without notice. Products on the Shop are normally available for despatch within 24 hours and for products with slower availability, an estimated shipment preparation time is provided in the associated product listings on the Shop.
3. Buying goods from this Shop
3.1 Pricing policy - Divine Chocolate Ltd may change the prices of the goods displayed on the Shop at any time. The prices for all the goods available on the Shop are clearly marked in their description and all items are subject to VAT at the prevailing rate. The VAT inclusive amount is included in the total price published on the site. We reserve the right to raise our prices in line with any increase in the prevailing rate of VAT. This will be shown clearly on your order. All applicable delivery charges are also displayed on the Shop. All prices are in Pounds Sterling. Divine Chocolate Ltd may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
3.2 Conclusion of Contract of Sale -The information relating to Divine Chocolate Ltd's goods and relevant prices are displayed on the Shop for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. When you place an order to purchase a product from www.divinechocolate.com , we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract.
3.3 Method of payment - For orders placed via the Shop, Divine Chocolate Ltd accepts Visa, Mastercard and bank Maestro cards. Divine Chocolate Ltd does not accept Visa Electron, American Express, Diner's Club, Solo. When making your payment, it is imperative that you provide the information that Divine Chocolate Ltd specify is required, for example, cardholder's name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when Divine Chocolate Ltd confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until Divine Chocolate Ltd has received payment in full.
3.4 Delivery - Our Guaranteed Courier Delivery service is charged at £3.95 to any UK mainland address (excluding highlands, islands, Northern Ireland and offshore territories). Orders over £50 to mainland UK addresses are currently delivered free of charge. Express delivery to UK addresses costs £7.95 for orders below £50 or £5.95 for orders over £50. These charges cover packing, handling and delivery. Orders are usually responded to within 24 hours, and are normally delivered within 5 working days. Please allow up to 14 days for delivery.
If you choose our Guaranteed Courier Delivery service and you don't receive your order within 8 working days we'll refund you the delivery charge.
If you have not received your goods within the above timeframe, please contact our customer services department by email at firstname.lastname@example.org We can ship most items worldwide. Additional charges will apply for all international shipping. Gift wrapping is charged at the rate of £3.95 per item. For more information on our delivery services click here .
3.5 Out of stocks - If any item you have chosen is unavailable, Divine Chocolate Ltd will contact you via phone or your email address and set out the options that are available to you.
3.6 Return of goods policy - We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered, just return it, if possible in the original packaging (with your customer advice note) within 30 days of the date of receipt and we will refund your money or send you a replacement - no questions asked. Items returned under Divine Chocolate Ltd's 30 days returns policy must be unopened with any seals and shrink-wrap intact. Please note: we can only accept the return of opened items if they are faulty. We are only able to replace identical products, so if you wish to order additional items it will be treated as a new order. The Divine Chocolate Ltd guarantee is in addition to your statutory rights.
When you send your item back to us, we'll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return. Please note that the costs for returning the item to us are unrefundable.
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to refund the delivery charges incurred in sending the item to you and we'll reimburse your costs in returning it to us.
If the product is damaged in any way or has become broken in transit, please contact customer services by email at email@example.com .
3.7 Cancellation Policy - Please note that you have a legal right to cancel your order within 7 days of the date of receipt of the goods (provided the goods are returned to us new and in an unused condition in the original packaging together with a copy of the receipt. By returning, packing securely and enclosing the advice note and sending it back to Divine Chocolate Ltd, Follingsby Avenue, Follingbsy Park, Gateshead, NE10 8HQ, United Kingdom, a refund will be provided within 30 days of the date of cancellation.
3.8 Legal age - Divine Chocolate Ltd does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Divine Chocolate Ltd only with the involvement of a parent or guardian.
3.9 Vouchers - From time to time, vouchers may be issued for free delivery or for discounts on orders or products. You may only use one voucher per order. Some vouchers may only be used once per customer. Please contact firstname.lastname@example.org if you have any questions about redeeming a voucher code.
3.10 Free gifts -From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.
1. Collection of Information
In order to buy products from the Shop, you must provide certain personal details in order to complete your transaction. During registration you are required to give information including your e-mail address. In addition, you may choose to provide Divine Chocolate Ltd with additional information about yourself.
Based on what you tell us about yourself and where we think it is relevant, we may contact you to provide information about Divine Chocolate Ltd and our products and services, but you may tell us at any time not to do this by following the unsubscribe instructions in any email we send you.
Where you request information from us, Divine Chocolate Ltd or one of our approved partners will contact you to provide you with the requested information.
2. Children's Information
Information gathered by us concerning Visitors under the age of 16 will be used by us strictly as necessary for the provision or supply of appropriate goods and services only and for no other purpose.
3. How We Use The Information That We Gather
Divine Chocolate Ltd use information obtained from Site users as stated in this Policy and to enhance users' experiences on the Site. Divine Chocolate Ltd does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances:
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
To deliver our services we may share your details with our agents solely for the purposes of delivering and feeding back on the products and services we provide. This may include:
• Our carriers to allow you track or reschedule your delivery
• Our payment gateway provider to charge your payment card and verify you for fraud protection
• Our feedback provider to allow you to rate our service or raise matters of concern relating to fulfilment of the order you placed.
In our effort to provide you with services customised to your interests, we use "cookies" to assist in the collection of information. A cookie is a small data file containing information that is sent to your browser from a web server and stored on your computer's hard drive.
Tracking information such as cookies is also used to create aggregate reports on user demographics and traffic patterns on the Site, and may be provided to our partners. We also collect IP (Internet Protocol) addresses to analyse trends, administer the Site, track a user's movement, and gather broad demographic information for aggregate use.
For orders through the Shop, we work to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
The Site uses reasonable security methods to protect the personal data (e.g., contact details) that resides on our servers. However, no security system is impenetrable. Divine Chocolate Ltd cannot warrant or guarantee the security of its or its partners' servers, nor can it guarantee that information that Shop Users supply will not be intercepted while being transmitted to Divine Chocolate Ltd or its partners over the Internet.
When you register to purchase products on the Shop, you will be asked provide your email and password. You must keep your passwords confidential and must not disclose it to or share it with anyone. You are responsible for all activities that occur under your login details for the Shop. If you know or suspect that someone else knows your password, notify us immediately at email@example.com.
7. Correction/Updating Personal Information
If you have registered to purchase from the Shop and would like to change your details, please email firstname.lastname@example.org.Keep in mind, however, that there will be residual information that will remain within Divine Chocolate Ltd's databases, access logs, and other records, which may or may not contain such personally identifiable information.
You may also opt out of receiving our newsletters and/or promotional information from Divine Chocolate Ltd and/or from third parties affiliated with Divine Chocolate Ltd at any time. If you receive unwanted emails from Divine Chocolate Ltd, you can opt-out by following the instructions and links on the bottom of emails from Divine Chocolate Ltd.
9. E-mail page to a friend and E-card Facilities
The e-mail to a friend and e-card facilities allow a user to e-mail story and product links or e-cards to other online users. Users can include a personal message together with a name and e-mail address.
The details you provide will not be used for any purpose other than delivering the appropriate information to the intended recipient. Divine Chocolate Ltd will not use the details to send unsolicited e-mail, and will not sell details to any third party.
IV. Creative Commons Licensing Policy Top Λ
To encourage collaboration and to support its fair trade social and commercial objectives, Divine Chocolate Ltd makes certain content and products on its Sites available under licenses from Creative Commons.
All Shop merchandise rights are reserved by original artists, authors, and creators of products sold in the Shop, unless a product has been indicated otherwise by the presence of a Creative Commons logo and link to the accompanying license.
For Shop merchandise sold under Creative Commons license, underlying works are made available under the Attribution-NonCommercial-ShareAlike license and the DevelopingNations license. Specifically, this means:
You can copy, distribute, display, and perform the work provided you give credit to the original artist
Derivative works (for example: remixes, cover songs, sampling, articles, photo collages) are explicitly allowed, so long as you make the work available under the same Creative Commons licensing terms (i.e., ShareAlike). Some music is accompanied with the "source code" so you can rework and improve it. This includes scores, lyrics, MIDI files, samples and track-by-track audio files.
Non-commercial use of Shop Merchandise under Creative Commons License and its "source code" is free. However, if you make money ("commercial use") with our music, you'll have to "share the wealth" and give us and our artists a share.
Shop Merchandise available under the Developing Nations license can be copied, distributed, displayed, and performed free of charge in developing nations as defined by the United Nations for commercial or non-commercial purposes provided you give credit to the original artist