Terms & Conditions

Iain Burnett Highland Chocolatier is committed to providing you with excellent service.  Please contact us with your comment on any aspect of our products or service and we will respond quickly.

Products & Offers

All our products may contain traces of nuts, soy or milk.

All offers are not available in conjunction with other offers.  The prices payable for products are indicated on the website or in temporary listings which we may send you. There is a charge for delivery as indicated during the ordering process. 

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

Personalised and Bespoke Orders

For personalised or bespoke products all necessary artwork and associated set-up costs must be received at least 4 weeks prior to the intended delivery date.  The layout of the artwork must be approved by an authorised person in your business, prior to any printing being carried out. All set-up costs are non-refundable and your permission is granted to use your artwork for the purposes of fulfilling the order and for demonstration purposes.

Delivery

We will deliver the products ordered by you to the address you give us for delivery at the time you make your order.  It is your responsibility to provide us with accurate delivery address details, we will not check or verify addresses and messages supplied by you.  Orders collected from us by your representative are considered delivered from that time.

No responsibility can be taken for heat damage – while we take the utmost care in packaging, we cannot guarantee delivery conditions in warm weather (over 20C).  You must ensure someone will be available to receive the delivery on the scheduled delivery day in order to avoid delays and additional handling.

We shall have no liability for any failure or delay in delivery of products or for any damage or defect to products delivered that is 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, explosion or accident.

Personal Retail Purchase Additional Conditions

We must receive payment for the whole order including delivery before it can be accepted.  Once we have accepted your order, this brings into existence a legally binding contract between us.

For any bespoke orders which are cancelled up to 30 days before dispatch or within 14 days following the delivery date, a payment of 60% of the order value must be paid to us.

If we are unable to deliver to your area or if a product you ordered was listed at an incorrect price, we reserve the right to cancel your order.   In this situation we will notify you by phone or email and will re-credit to your account any sum deducted as quickly as possible.  If we have insufficient stock to deliver your order we will contact you to offer a substitute product and advise of an availability date.   We will not be obliged to offer additional compensation.

Cancellation

Orders may be cancelled, for any reason, in writing up until 14 days after delivery and are returnable at your expense within 14 days of delivery, for a full refund of the order including the postage originally paid.   The cancellation period will expire after fourteen days from the day on which you, or a third party indicated by you (other than the carrier), received the goods. A credit will be paid within 14 days of us receiving proof of posting for the returned goods or if there were no goods supplied, within 14 days of us being informed of your decision to cancel.  We may make a deduction from the refund for loss in value of any goods returned, if the loss is the result of unnecessary handling by you  beyond what is necessary to establish the nature and characteristics of the products.

If the products we deliver are not as ordered, or were damaged or defective at time of delivery, or if you do not receive the products ordered, you must notify us by phone or by email within 24 hours of scheduled delivery time.  We shall have no liability to you other than as set out below.  If you notify a problem to us under this clause, our obligation will be:

- to make good any shortage or non-delivery;
- to supply and deliver substitute products if your original choice cannot be delivered for any reason;
- to replace any products that are damaged or defective;
- 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 e-mail 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 for defective goods. 

We will make refunds using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.

Content of this Website and Other Materials

The content of our website and commercial materials is protected by copyright, trademarks, database right and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our website or commercial materials without written permission from the Managing Director of Iain Burnett Highland Chocolatier.  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, harassing, libellous, abusive, threatening, harmful, vulgar, 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.

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.  The suspension or cancellation of your registration and your right to use our website shall not affect either party’s statutory rights or liabilities.

Contact

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at Iain Burnett Highland Chocolatier, Grandtully, Pitlochry PH9 0PL, Scotland.  All notices from us to you will be displayed emailed to you or displayed in our website.

Liability

Iain Burnett Highland Chocolatier, 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, 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, and 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 might 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 other part of these conditions will not be affected.

You acknowledge and agree to be bound by the 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 the 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 that Act.

The contract between us shall be governed by and interpreted in accordance with Scottish law and the Scottish 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 any such representation being untrue or misleading.

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