Terms of service
BACKGROUND:
Welcome to the Hotel Chocolat LLC (US) website terms and conditions for use (hereinafter “Terms”). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Goods you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website. Indeed, you will be required to read and accept these Terms when placing an order for Orders through our Website.
Before you place an order with us, if you have any questions relating to these terms and conditions, please contact our Customer Service Representatives by email (usahelp@hotelchocolat.com).
You should print a copy of these Terms for future reference.
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following words are defined as follows:
“Contract” means an agreement for the purchase and sale of Goods, as further explained in Paragraph 8, herein;
“Dispatch Confirmation” means our acceptance and confirmation of your Order; “Goods” means the goods sold by Us through our Website;
“Order” means your order for Goods;
“Serviced Countries” means the United States of America and Canada;
“We/us/our” means Hotel Chocolat LLC, Mint House, Newark Close, Royston, SG8 5HL, United Kingdom;
“Website” means the website located at us.hotelchocolat.com, ca.hotelchocolat.com or any subsequent URL which may replace it;
“You” means a user of this Website.
2. Access to and Use of Our Site
2.1 Access
You are provided with access to this Website in accordance with these Terms and any Orders placed by You must be placed strictly in accordance with these Terms. Our Website is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those Serviced Countries on this Website (subject only to paragraph 6 herein); however, for those looking to place an order within the United Kingdom, please visit Our sister website at https://www.hotelchocolat.com/uk.
2.2 Registration
By registering as a user of our Website, you warrant that:
(a) the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
(b) you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by email (usahelp@hotelchocolat.com).
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
2.3 Our rights
We reserve the right to:
(a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time in accordance with paragraph 18.5 of these Terms. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.
3.0 Alcohol
3.1 Consumers may only view information about Goods containing alcohol through Our Site if they are at least 21 years of age.
3.2 Please be advised that order payment processing and order fulfillment are facilitated through a 3rd party retailer.
3.3 Hotel Chocolat LLC does not sell or solicit sales of alcohol through hotelchocolat.com. Hotel Chocolat markets its Liqueurs on its website and enables you to search online for Cream Liqueurs available for sale by a licensed alcohol retailer. Through this website, you learn about our Cream Liqueurs, including its price. The offer to purchase ultimately is from the Retailer.
3.4 If you decide to purchase, you make the payment to the Retailer and the Retailer fulfills your order, including the delivery of the purchased Cream Liqueurs. This arrangement is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of Cream Liqueurs to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. This service may be limited or not available at all in some places due to local law or other restrictions.
4.0 Intellectual Property
4.1 Unless otherwise stated, the copyright and other intellectual property rights in the content (including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software) on the Website are owned by Us. Any access or use of the Website for any reason other than Your personal, non-commercial use is strictly prohibited.
4.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without Our prior written permission.
4.3 You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use. Any other use of the material and content of the Website is strictly prohibited.
4.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5.0 International Customers
5.1 Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the US or Canada. We reserve the right to define what can and cannot be delivered to which destination. All purchases must be made in US or Canadian dollars. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
5.2 When sending to non US or Canadian destinations our products are sold on a delivery duty paid by Hotel Chocolat basis. The recipient should not have to pay import duty or any formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
6.0 Goods, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
6.2 Note that sub-paragraph 6.1 herein does not speak to a situation where You may have received different Goods altogether that what had been ordered. In such a situation, please refer to paragraph 10 below (e.g. receipt of Goods that are not as described).
6.3 All Goods are made in the same environment as nuts and/or nut products; as such we cannot guarantee that any of our Good sare free from nut(s) or nut traces. You can read full dietary information on each product on the respective product page, or contact our team on usahelp@hotelchocolat.com for any additional queries.
6.4 We neither represent nor warrant that any Goods offered through this Website will be available at the time of making Your purchase.
6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding Sales Tax, however).
6.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
6.6.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
6.7 All prices on Our Site are subject to Sales Tax where applicable. If the Sales Tax rate changes between your Order being placed and Us taking payment, we reserve the right to adjust the the amount of Sales Tax payable. Delivery charges are not included in the price of Goods on Our Site. Delivery options and related charges will be presented to you as part of the order process.
6.8 Every effort has been made on this Website to ensure that shopping online is safe and secure. Hotel Chocolat LLC cannot be responsible for the fraudulent use on our Website of a lost or stolen credit card, but will assist your credit card company when necessary once you have reported any potential fraudulent use.
7. Orders - How Contracts are Formed
7.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Despatch Confirmation by email. Only once We have sent you a Despatch Confirmation will there be a legally binding Contract between Us and you. The Contract will relate only to those Goods whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the despatch of such Goods has been confirmed in a separate Despatch Confirmation. Please note, for any PayPal orders, payment is processed immediately after your order is placed
7.3 Despatch Confirmations shall contain the following information:
7.3.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.3.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
7.3.3 Estimated delivery date(s) and time(s);
7.4 We may also include a paper copy of the Dispatch Confirmation with your Goods.
7.5 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
7.6 By placing an order through our Website, you warrant that you are:
a. legally capable of entering into binding contracts;
b. at least 18 years old;
c. resident in one of the Serviced Countries; and,
c. accessing our Website from that country.
8. Payment
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. We accept the following methods of payment on Our Site:
(a) Visa
(b) MasterCard
(c) Amex
(d) Maestro
(e) Apple Pay
(f) Google Pay
(g) PayPal
9. Delivery, Risk and Ownership
9.1 All Goods purchased through Our Site will normally be delivered within the times given on the Site during the Order process. During peak periods, or periods of unseasonably hot weather that may damage your goods, we have the right to vary your delivery window by 2 or 3 days to ensure they arrive in the best condition.
9.2 We are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) We will follow any delivery instruction you may have given or attempt to leave your goods in a safe place. If this is not possible, our carrier will leave a note advising of where your goods have been returned to, and how to either arrange re-delivery or collect them.
9.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 9.1), if any of the following apply you may cancel your Order immediately:
9.3.1 We have refused to deliver your Goods; or
9.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
9.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
9.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
9.5 You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. Please note that if any cancelled Goods are delivered to you, you must return them to Us. We will bear the cost of returning the cancelled Goods.
9.6 Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
9.7 The risk in the Goods shall remain with Us until delivery is complete pursuant to your direction and Terms herein
9.8 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9.9 None of our Products are for resale and the offering for sale of any of our Products is strictly forbidden. We reserve the right to take legal action in respect of any resale or offer for sale.
10. Faulty, Damaged or Incorrect Goods
10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. If you wish to make a claim for a refund, repair or replacement, You are required to provide clear and satisfactory photographic evidence of the fault, damage or error or return the order to us. Failure to do so may result in the rejection of any claim you are making regarding faulty, damaged or incorrect Goods.
10.2 Beginning on the day that you receive the Goods you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request replacement Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
10.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the issue with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them). Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
10.4 To return Goods to Us for any reason under this Clause 10, first contact us at usahelp@hotelchocolat.com. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
10.5 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
10.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11. Cancelling and Returning Goods if You Change Your Mind (this clause does not apply to business purchasers/uses)
11.1. If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you receive the Despatch Confirmation.
11.1.1 If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
11.2 To cancel a Contract, you must inform us in writing by sending an email to usahelp@hotelchocolat.com. You must also return the Good(s) to us immediately and at your own cost and risk. Please take reasonable care of the Goods while they are in your possession. This provision does not affect your statutory rights.
11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
11.4 Please note that you may lose your legal right to cancel under this Clause 11 if you have unsealed the Goods after receiving them.
11.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.
11.6 Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:
11.6.1 The day on which We receive the Goods back; or
11.6.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 11.6.1); or
11.6.3 If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
12. Our Liability to Consumers
12.1 We warrant to you that any Goods purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 We will not accept responsibility for a failure to comply with specific care or preparations instructions stated in the Goods or within the Goods’ packaging.
12.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased.
12.4 This paragraph does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 12.5 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of clause 12.1 or clause 12.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 12.5.
12.6 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorized access to any data You provide when accessing or ordering from the Website.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this paragraph 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.3 We will inform you as soon as is reasonably possible;
13.4 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.5 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
13.6 If the event outside of Our control continues for more than 28 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
13.7 If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
13.8 If the contract is cancelled by you or by Us under this paragraph 13, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).
14. Communication and Contact Details
14.1 If you wish to contact us with general questions or complaints, you may contact us by email at usahelp@hotelchocolat.com
14.2 For matters relating the Goods or your Order, please contact us by email at usahelp@hotelchocolat.com
14.3 For matters relating to cancellations, please contact us by email at usahelp@hotelchocolat.com
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from usahelp@hotelchocolat.com
15.3 If you wish to complain about any aspect of your dealings with Us, please contact us us by email at usahelp@hotelchocolat.com
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may collect (including, but not limited to, your name, address, email address, recipient details and telephone number) will be collected, used and held in accordance with the provisions of applicable data protection legislation and in accordance with our Privacy Policy here.
16.2 As further described in the Privacy Policy we may use your personal information to:
16.2.1 Provide Our Goods and services to you;
16.2.2 To organise and facilitate the supply of our Goods and services to you;
16.2.3 Process your Order (including payment) for the Goods; and
16.2.4 Inform you of new products and/or services (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
17. Use of Our Site
17.1 You may not use Our Site for any of the following purposes:
17.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
17.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
17.1.3 interfering with any other person’s use or enjoyment of Our Site; or
17.1.4 making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission
17.2 You will be responsible for Our losses and costs resulting from your breach of clause 17.1.
17.3 You may link to Our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
17.4 Our Site must not be framed on any other website.
17.5 Our Site provides links to other websites for your information. If you use these links, you will be redirected away from our website. We therefore do not endorse or make any representations about third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked via Our Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
17.6 When you use Our Site, you'll see that We offer you recommendations, showing Goods we think you might like. These are based on your past purchases, top sellers, ratings and recently-viewed Goods. We determine your interests and suggest new Goods you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant Goods.
18. Other Important Terms
18.1 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 and the suspension or cancellation of your registration and your right to use Our Site shall not affect either party’s statutory rights or liabilities.
18.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
18.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18.5 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.
18.6 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 Goods offered for sale by Us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
18.7 The Velvetiser is not for resale and the offering it for sale is strictly forbidden. Without our prior written consent (further terms and conditions apply) the Velvetiser is not for commercial use and anything other than domestic use is strictly forbidden. We reserve the right to take legal action in respect of any resale or commercial use of the Velvetiser.
19.0 Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
19.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, the Goods or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
FOR THE TRANSACTIONS SET OUT BELOW THE ABOVE TERMS AND CONDITIONS APPLY. IN ADDITION THE TERMS AND CONDITIONS BELOW ALSO APPLY AND IF THERE IS ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS ABOVE AND THOSE SET OUT BELOW THE TERMS AND CONDITIONS BELOW SHALL TAKE PRECEDENCE.
20 Terms applying only to bespoke and concierge products for business orders
20.1 Clause 11 of these Terms and Conditions does not apply to business orders. For business or corporate purchasers of bespoke and concierge Goods the following shall apply:
20.1.1 all necessary artwork must be received by us at least 28 days before the intended delivery date of the products. You will be required to pay for any artwork and associated costs at the rates quoted for each product on Our Site;
20.1.2 We have your permission to use your artwork and logos for the purposes of printing and fulfilling the order;
20.1.3 the design and layout of the artwork must be approved by an authorised person within your business prior to any printing being carried out; and
20.1.4 where bespoke artwork has been requested and approved in accordance with this clause 20 and the order is subsequently cancelled by the business or corporate purchaser, a payment of 60% of the invoice value of the products must be paid to us.
21. Written Communications
21.0 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22. Transfer of Rights and Obligations
22.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
22.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
22.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
23. Entire Agreement
23.1 We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
24. Privacy
24.1 We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by You is accurate. If You telephone one of Our customer service representatives, We may keep a recording of that call for training purposes.
25. TERMS APPLYING ONLY TO SUBSCRIPTIONS
25.1 You must be aged 18 or over to set up a subscription and be registered to a US or Canadian address.
25.2 Unless otherwise stated, standard Hotel Chocolat terms and conditions apply.
25.3 Subscription deliveries must be cancelled before midnight the day before your next order is due. Any cancellation requests received after this time will apply after the ‘in progress’ delivery has been made.
25.4 When starting your subscription, we aim to despatch your first delivery immediately, subject to stock availability. No amendments can be made to a subscription until the first order has been despatched. After despatch, amendments can then be made via My Account.
25.5 Subscription deliveries will be sent every month, two-months or quarter in accordance with Your selection, on or around the same calendar day. We reserve the right to amend or change this date.
25.6 You may increase, decrease and change the items in your subscription delivery until midnight the day before despatch via My Account.
25.7 You may request to skip or reschedule a subscription delivery via My Account. Your next delivery won’t be sent and will resume again for the next scheduled delivery.
25.8 Prices are subject to change without notice and are not guaranteed.
25.9 If we cannot deliver or delivery is refused for more than one period’s subscription order, we reserve the right to suspend the ongoing subscription until a new accessible address is confirmed.
25.10 In the event your subscription item is out of stock, we will attempt to process the order every day until stock is available. We will notify you on the 1st, 15th, and 30th attempts if this continues to be unavailable. Your commitment period will be extended as a result.
25.11 Subscriptions require a valid payment card upon registration. This card will be used for payment in advance of each Order being placed. In the event that a card payment is not successful, we will automatically re-attempt the payment again every 3 days up to 3 attempts. If the payment continues to be unsuccessful or the card has expired, the subscription delivery and any other requested products will not be sent. You will be notified if a payment has not been processed.
25.12 No discount codes/special offers may be applied to a subscription order unless otherwise specified.
25.13 Free delivery offer is for Standard delivery only.
25.14 We reserve the right to make changes to, including cancellation of, the subscription for any reason at any time.
25.15 From time to time, We may offer a promotional discount in exchange for a commitment to a subscription for a minimum commitment period – e.g. Save $50 on your Velvetiser with a 12 month Hot chocolate Subscription. When a subscription with a minimum commitment period is purchased:
25.15.1 The commitment period cannot be amended;
25.15.2 The subscription cannot be cancelled within the commitment period from within the subscription portal.
25.15.3 The quantity of hot chocolates in each delivery cannot be reduced from within the subscription portal.
25.15.4 During the commitment period, customers may change their drinking chocolate refill flavour via the online account management page.
25.15.5 Customers CAN add additional items onto their monthly committed subscription period, these items will also benefit from receiving free standard delivery, however they will not count towards the commitment period.
25.15.6 The dates of deliveries during the commitment period cannot be skipped, changed or delayed.
25.15.7 Customers will be sent communications prior to the end of the commitment period to advise that their subscription items will continue to be sent on a monthly basis until such time as the customer chooses to end the subscription.
25.15.8 Requests to cancel the subscription during the commitment period must be directed to customer services via email usahelp@hotelchocolat.com
25.15.9 After the last committed subscription delivery is sent, customers will be able to cancel their subscription online via the account management area.
25.15.10 During the commitment period, customers may change their drinking chocolate refill flavour via the online account management page.
25.15.11 During the commitment period, it will NOT be possible to skip, pause or change the dates of upcoming deliveries.
25.15.12 Customers WILL benefit from any loyalty rewards available during the commitment period.
25.15.13Customers taking up this offer, are not entering into a credit or finance agreement with Hotel Chocolat.
25.15.14 In the event your subscription item is out of stock, we will attempt to process the order every day until stock is available. We will notify you on the 1st, 15th, and 30th attempts if this continues to be unavailable. Your commitment period will be extended as a result.
25.15.15 Unless otherwise stated, standard Hotel Chocolat terms and conditions apply.
25.15.16 Offer is limited to 2 discounted Velvetisers with committed subscription, per household, at any given time.
25.15.17 Your right to return goods does not apply to perishables, unless faulty.
26. Gift Card Terms & Conditions
26.1 For the purposes of these terms and conditions ‘Gift Cards’ refers to both Gift Cards and electronic eGift Cards unless otherwise stated.
26.2 Please note that at this time you are unable to use an Gift Card/E-Gift Card as part payment against an order where you intend to pay any remaining balance by PayPal. All other payment methods are unaffected.
26.3 Gift Cards are accepted online as a method of payment. They can be activated with a minimum value of $5.00 and have a maximum value limit of $5,000 or countries currency equivalent.
26.4 To use your Gift Card online at us.hotelchocolat.com simply enter the number on the Gift Card at the checkout page to redeem the credit towards your purchase. Any balance remaining after your transaction will remain on the Gift Card.
Please note, we are unable to accept payment from a Gift Card purchased in the UK on our US and Canadian websites. Nor can a US or Canadian Gift Card be used for purchases in the UK.
26.5 Gift cards are exempt from all offers online and in store, they cannot be discounted or used to purchase another Gift Card.
26.6 The Gift Card is not a cheque guarantee, credit, debit or charge card and cannot be exchanged for cash, returned or refunded, except in accordance with your legal rights. Gift Cards cannot be used for payment in Hotel Chocolat franchises, concessions, in third party department stores or independent retail outlets.
26.7 A Gift Card is intended for your personal use and, as such, you are not entitled to sell, distribute or otherwise make any commercial use of your Gift Card. For the avoidance of doubt, this shall not prevent you from giving a Gift Card as a gift, provided that such gifting is not part of or connected to any commercial activity, unless otherwise agreed in writing with Hotel Chocolat.
26.8 You may obtain information about the remaining balance on the card at any till point in store or, once registered, via your online account
26.9 We reserve the right to amend these terms & conditions in relation to our products and the purchase of them, where we consider it reasonable and necessary to do so. The terms do not affect your statutory rights.
THE SALE OF ALCOHOLIC BEVERAGES
All orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor Hotel Chocolat LLC sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO AFFIRM THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY.
We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.
All orders placed on the https://liquor.hotelchocolat.com/] site are subject to acceptance and shipment by a licensed liquor retail store in our network, and no order is deemed to be accepted by such licensed liquor store until the order is shipped by the retailer. Pursuant to applicable laws and regulations, the liquor store may refuse to accept or fulfill your order for any reason, including, among others, the occurrence of a technological mistake or “glitch” in the transmission of pricing to the customer over the https://liquor.hotelchocolat.com/ site. Therefore, no contractual or other obligation to sell and ship the bottle(s) ordered via the https://liquor.hotelchocolat.com/ platform attaches or is final or binding on the licensed retailer unless and until a licensed retailer accepts and ships the order to the you (or the intended recipient, even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full.
By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is at least 21 years old. You also agree that you are not permitted to resell alcohol purchased. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site.
The sale of these alcoholic beverages will be shown in your bank statement as “BEVSTACK-WINE/LIQR”.