Terms & Conditions for Business or Trade Purchases
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.
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.
Business or Trade Purchase Additional Conditions
Your written or verbal placement of an order and our acceptance brings into existence a legally binding contract between us and indicates your express agreement to these terms and conditions.
At our discretion, we may allow businesses a credit facility subject to good payment history and satisfactory credit references. Invoices shall be payable net cash by no later than the exact due date stated on the invoice. The mere fact of non-payment, even partial, by the stated due date shall be deemed to constitute default, without the serving of notice on the Buyer.
In the event of default:
- the invoice amount will be increased automatically, ipso jure and without summons, with a minimum and irreducible flat amount, fixed at an amount of £20, without prejudice to the right of the Iain Burnett Highland Chocolatier to prove additional damages, losses or relevant recovery expenses created by the overdue payment. This credit fee may be shown on the invoice and is deductible for all invoices settled in full by the due date.
- in accordance with the Late Payments of Commercial Debts (Interest) Act 1998, interests on overdue payments will be charged automatically, ipso jure and without summons, as from the due date, at the legal reference interest rate of the Bank of England base rate plus 8% (APR) for each day overdue.
- trade discounts will no longer be offered on that or subsequent invoices and will therefore be subject to standard pricing. Any invoices with payment outstanding beyond the due date will not qualify for rebates.
- the Seller shall be entitled to suspend any further incomplete deliveries, without first serving notice on the Buyer or to receive compensation under that head. The same right shall accrue to the Seller should the latter have any serious indication of insolvency, threat of bankruptcy, suspension of payment or similar other circumstances possibly hindering fulfilment of payment obligations. Likewise, the Seller shall enjoy such right should it at any time detect an abnormal call-off pattern on the part of the customer or should it deem the latter's creditworthiness to be inadequate. In each of the aforementioned cases, the Seller shall at the same time be entitled to require that any deliveries already invoiced be immediately payable, irrespective of the due date laid down.
For any bespoke orders or orders over £100 in value which are cancelled up to 30 days before dispatch or within 7 days following the delivery date, a payment of 60% of the order value must be paid to us.
All international orders require 50% payment 30 days before dispatch date and full balance paid in clear funds before goods are released for dispatch. Where zero VAT rating is applicable, formal evidence of export is required or tax is payable in full.
We reserve the right to cancel the contract between us if we are unable to deliver to your area, if a product you ordered was listed at an incorrect price, or if we have insufficient stock to deliver your order. If this occurs we will contact you to advise availability or to offer a substitute product. If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted as quickly as possible. We will not be obliged to offer additional compensation.
Once dispatched, all food items are non-returnable and non-refundable unless the products are not as ordered or were damaged or defective on dispatch, or if you do not receive the products ordered. If such an error occurs, you must notify us by phone or by email on the same day as delivery and 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.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question under this clause.
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.
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 on our website or emailed to you from time to time.
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.
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.