Terms & Conditions

TERMS OF SALE & USE

INTRODUCTION:

Mrs Button’s chocolates takes pride in their products and want to share the passion with you. We are delighted that you want to purchase Our Chocolates on-line so below are our terms and conditions which apply when you are viewing and ordering Mrs Button’s chocolates from our website.

Please read these terms and conditions carefully and if you are uncertain about anything please get in contact before placing your order. By ordering any of Our Chocolates, you agree to be bound by these terms.

BACKGROUND:

These Terms, together with any and all other documents referred to herein, set out the terms under which Chocolates are sold by us to consumers through this website, mrsbuttonschocolates.co.uk (“Our Site”). Please read these Terms carefully and ensure that you understand them before ordering any Chocolates from Our Site. You will be required to read and accept these Terms when ordering Chocolates. If you do not agree to comply with and be bound by these Terms, you will not be able to order Chocolates through Our Site. These Terms, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

  1. In these Terms, unless the context otherwise requires, the following expressions have the following meanings:“Contract” means a contract for the purchase and sale of Chocolates, as explained in Clause 10;
    “Chocolates” means the products sold by Us through Our Site;
    “Order” means your order for Chocolates;
    “Order Confirmation” means our acceptance and confirmation of your Order;
    “Order Number” means the reference number for your Order; and
    “We/Us/Our” means Mrs Button’s Chocolates.
    “Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 6;
    “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
    “User” means a user of Our Site;
    “User Content” means any content submitted to Our Site by Users including, but not limited to, product reviews.

2. Information About Us

  1. Our Site, mrsbuttonschocolates.co.uk, is owned and operated by Mrs Button’s chocolates, whose registered and main trading address is 6 Bellingham Place, Kelvedon, Essex, CO5 9HX. We are not currently registered for VAT.
  2. We are a member of the Federation of Small Businesses.

3. Access to and Use of Our Site

  1. Access to Our Site is free of charge.
  2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
  3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
  4. Use of Our Site is subject to our Website Terms of Use as detailed in this document. Please ensure that you have read them carefully and that you understand them. We also have privacy, cookie and Covid-19  policies.

4. Age Restrictions

  1. There are currently no age restrictions for consumers who wish to purchase Chocolates through Our Site.

5. Wedding Favours

  1. Additional terms for wedding favours can be found on Our Site within the section “wedding favours”.

6. Accounts

  1. Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
  2. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
  3. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately at amanda@mrsbuttonschocolates.co.uk. We will not be liable for any unauthorised use of your Account.
  4. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
  5. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Our Privacy policy.
  6. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. If you close your Account, any reviews you have created on Our Site will be anonymised by referring to you by initials only.

7. Business Customers

7.1. Corporate sales

  1. This section only applies if you are placing an order on behalf of a business. If you are purchasing Chocolates from Our Site on behalf of a business, you confirm that you have the authority to bind that business. These additional terms constitute the entire agreement between you and Us.
  2. We supply Our Chocolates to you for internal use only and you agree not to use the product for re-sale purposes. We are not responsible for ensuring that the products are suitable for your purposes. We will under no circumstances be liable to you for loss of profits, sales, business, revenue, business opportunity, anticipated savings, goodwill or any indirect or consequential loss. Nothing in these conditions limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law.
  3. Subject to the above paragraph, our total liability to you in respect of all losses arising in connection with the contract (whether in contract, tort (including negligence), breach of statutory duty or otherwise) will not exceed 100% of the price of the products.
  4. We reserve the right to amend delivery charges where necessary for corporate orders placed via the website, as the website delivery options are for consumer orders which do not exceed standard delivery costs. Additional costs may apply where a large number of items are ordered or where delivery to multiple addresses is requested.

7.2. Wholesale sales

  1. We are happy to offer chocolates at a wholesale price for retail sale. These are typically offered at a discounted cost. Subject to a minimum order of £100 (unless a lower amount is agreed in advance).
  2. We offer free delivery within 10 miles of Mrs Button’s Chocolates registered address.
  3. Orders placed will be confirmed by invoice and an anticipated delivery date agreed – usually within 10 days. Although seasonal chocolates may take longer.
  4. Payment must be made within 14 days of delivery, via bank transfer. Cash on delivery is also welcome.
  5. Mrs Button’s chocolates must be notified of any stock shortages and damages within three working days of delivery.
  6. Stock does not need to be refrigerated but must be stored out of direct sunlight. All products are fully labelled with ingredients (including allergens) and best before date (minimum 4 months at time of delivery).

8. International Customers

  1. Please note that We only deliver within the United Kingdom.

9. Chocolates, Pricing and Availability

  1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Chocolates available from Us correspond to the actual Chocolates that you will receive. Please note, however, the following:
    1. Images of Chocolates 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, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
    2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Chocolates may vary;
    3. Due to the nature of the Chocolates sold through Our Site, there may be up to a 5% variance in the weight of those Chocolates between the actual Chocolates and the description;
    4. Unless otherwise specified at the time of purchase all our Chocolates have a minimum best before date of two months from the time of purchase;
    5. Bespoke Chocolates are available from Us. If you Order bespoke Chocolates (and this includes wedding favours and hampers) from Us, We will produce those Chocolates to your specifications and requirements and discuss these with You as necessary using the Contact details You provided when placing Your Order. Please feel free to contact Us before ordering to discuss your requirements;
      1. When placing an Order for bespoke Chocolates, please ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Chocolates if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including but not limited to those described in these terms);
    6. Please note that Clause 9.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Chocolates, not to different Chocolates altogether. Please refer to Clause 13 if you receive incorrect Chocolates (i.e. Chocolates that are not as described);
    7. All chocolate descriptions provided on Our Site include a full list of ingredients and nutritional information. We will also indicate where a product is suitable for vegetarian and/or vegan customers and will clearly state if any chocolate contains (or may contain) any of the following which may cause allergies or intolerances (please note, that our dairy/soya free range of Chocolates are prepared in the same environment using the same equipment (although thoroughly cleaned between batches) as regular Chocolates and we cannot guarantee that they will be 100% free of such ingredients):
      • Gluten
      • Milk or lactose
      • Eggs;
      • Peanuts;
      • Other nuts;
      • Celery;
      • Mustard;
      • Sesame seeds;
      • Soya/soybeans;
      • Fish;
    8. We cannot guarantee that all Chocolates will always be available. Stock indications are provided on Our Site and in order to give you the longest shelf life possible we only make small batches of each product we make. If you wish to check availability of a specific item, please contact Us before placing your order;
    9. Minor changes may, from time to time, be made to certain Chocolates between your Order being placed and Us processing that Order and dispatching the Chocolates, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Chocolates and will not normally affect your use or enjoyment of those Chocolates. However, if any change is made that would affect your use or enjoyment of the Chocolates, suitable information will be provided to you;
    10. 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. All pricing information is reviewed and updated twice per year. Changes in price will not affect any order that you have already placed;
    11. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Chocolates at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 calendar days, We will treat your Order as cancelled and notify you of this in writing;
    12. In the event that the price of Chocolates you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order; and
    13. Delivery charges are not included in the price of the Chocolates displayed on Our Site. For more information on delivery charges, please refer to our FAQ’s section. Delivery options and related charges will be presented to you as part of the order process.

10. Orders – How Contracts Are Formed

  1. Our Site will guide you through the ordering process. Before submitting your Order 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. Especially with regards to bespoke Orders.
  2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
  3. You may change your Order at any time before We despatch the Chocolates by contacting Us. This does not apply to bespoke Chocolates. We will only accept changes to Orders for bespoke Chocolates if We are reasonably able to accommodate your request without additional work. If your Order is changed We will inform you of any change to the Price in writing. Should you wish to change a bespoke order please contact Us as soon as possible.
  4. 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 an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
  5. Order Confirmations shall contain the following information:
    Your Order Number;
    Confirmation of the Chocolates ordered including full details of the main characteristics of those Chocolates and any bespoke or personalised items;
    Fully itemised pricing for the Chocolates ordered including, where appropriate, delivery and other additional charges; and
    A paper copy of the Order Confirmation with your Chocolates unless you have requested your order to be delivered as a gift to an alternative address.
  6. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will 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 calendar days.
    1. Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Chocolates.

11. Payment

  1. Payment for Chocolates and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged on the day We dispatch your Chocolates.
  2. We accept the following methods of payment on Our Site:
    1. Visa, American Express, Mastercard, and Maestro. Via “Switch” an online payment tool. We require you to supply the registered address of the credit card holder which is used to validate your order with your credit card company. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.
    2. For those orders being personally collected (by prior arrangement) from our registered address there is an option to pay in cash at the time of collection This needs to be done in adherence to our Covid-19 policy.

12. Delivery, Risk and Ownership

  1. All Chocolates purchased through Our Site will normally be delivered within 14 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 16.
    1. Deliveries are made Tuesday to Friday inclusive. Unless agreed in writing no deliveries will be made on Monday, Saturday, Sunday or Nationally recognised UK holidays including Bank holiday dates.
      1. We reserve the right to delay posting your order if the temperature rises above 26oC. No-one wants melted chocolates. Should We make the decision to do so We will contact You and discuss when it is likely that We can send Your Order.If you are ordering Chocolates and need them for a specific date you must check with us prior to ordering. We will do what we can to meet your requirements but at no point will a requested deliver by date form part of this contract, unless We agree that with you in writing separately.
  2. We use a number of third party companies including Royal Mail to deliver Our Chocolates. 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 weather, sickness or death, or other exceptional circumstances including Covid-19 of which We could not reasonably have been aware or have predicted, in advance of accepting your order.
  3. We will notify you when your order is dispatched. If the third party company are unable to deliver the Chocolates on the expected delivery date, the following will apply:
    1. If no one is available at your delivery address to receive the Chocolates and the Chocolates cannot be left in a safe place nominated by you, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Chocolates It is your responsibility to do so.
  4. In the unlikely event that We fail to send the Chocolates within 14 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 12.1), if any of the following apply you may treat the Contract as being at an end immediately:
    1. We have refused to deliver your Chocolates; orAll Chocolates purchased through Our Site will normally be delivered within 14 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 16.
  5. You told Us when ordering the Chocolates that delivery within that time period was essential. And that we subsequently agreed to supply the Chocolates within this time period.
  6. If you do not wish to cancel under sub-Clause 12.5 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 treat the Contract as being at an end.
  7. You may cancel all or part of your Order under sub-Clauses 12.5 or 12.6 provided that separating the Chocolates in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Chocolates and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Chocolates are delivered to you, these are considered completion of contract.
  8. Delivery shall be deemed complete and the responsibility for the Chocolates will pass to you once We have delivered the Chocolates to the address including, where relevant, any alternative address you have provided.
  9. Ownership of the Chocolates passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
  10. Any refunds due under this Clause 12 will be made using the same payment method that you used when ordering the Chocolates.

13. Problems with the Chocolates

  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, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
  2. If any Chocolates you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Chocolates, please contact Us by telephone (07803 083 893) or email (amanda@mrsbuttonschocolates.co.uk) as soon as reasonably possible and in any event within 2 calendar days to inform Us of the problem, and to arrange for a refund or replacement.
  3. Please note that you will not be eligible to claim under this Clause 13 if We informed you of the fault(s), damage, short dated stock or other problems with the Chocolates before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Chocolates for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Chocolates for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Chocolates to Us under this Clause 13 merely because you have changed your mind. Please refer to Clause 13 for more details.
  4. To return Chocolates to Us for any reason under this Clause 13, please visit the FAQ page on Our Site mrsbuttonschocolates.co.uk to arrange for a collection and return. We will be fully responsible for the costs of returning Chocolates under Clause 12 and will reimburse you where appropriate.
  5. Refunds (whether full or partial, including reductions in price) under this Clause 13 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
  6. Any and all refunds issued under this Clause 13 will include all delivery costs paid by you when the Chocolates were originally purchased.
  7. Refunds under this Clause 13 will be made using the same payment method that you used when ordering the Chocolates.
  8. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

14. Cancellations

  1. You may cancel an Order (and receive a full refund of any sums already paid) at any time up to 2 calendar days before we dispatch your Chocolates by contacting Us via telephone (07803 083 893) or email (amanda@mrsbuttonschocolates.co.uk). Orders cannot be cancelled after this time or once they have been dispatched. This does not apply to bespoke Chocolates (unless you are cancelling under Clause 16 due to an event outside of Our control). We will only accept an Order cancellation for bespoke Chocolates if We have not yet begun making the Chocolates. If you request that your Order be cancelled, you must confirm this cancellation in writing.
  2. To contact Us directly to cancel, please use the following details:
    Telephone: 07803 083 893;
    Email: amanda@mrsbuttonschocolates.co.uk;
    In each case, providing Us with your name, address, email address, telephone number, and Order Number.
  3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.
  4. Please note that, due to the perishable nature of the Chocolates that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to EU consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel after receiving Chocolates if there is a problem with them, as set out in Clause 12, but you cannot cancel merely because you have changed your mind.
  5. Any refunds due under this Clause 14 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.
  6. Refunds under this Clause 14 will be made using the same payment method that you used when ordering the Chocolates.

15. Our Liability to Consumers

  1. TERMS OF SALE
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    2. We supply products for domestic and private use by consumers as well as wholesale for resale. We make no warranty or representation that the Chocolates are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    3. Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  2. TERMS OF USE
    1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    3. Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 26.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

16. Events Outside of Our Control (Force Majeure)

  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 or that of our third party delivery company. 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.
  2. If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms:
    1. We will inform you as soon as is reasonably possible;
    2. We will take all reasonable steps to minimise the delay;
    3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
    4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Chocolates as necessary;
    5. If the event outside of Our control continues for more than 14 calendar 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 calendar days of the date on which the Contract is cancelled;
    6. If an event outside of Our control occurs and continues for more than 14 calendar days and you wish to cancel the Contract as a result, contact Us directly to cancel, please use the following details:

      Telephone: 07803 083 893;
      Email: amanda@mrsbuttonschocolates.co.uk

      In each case, providing Us with your name, address, email address, telephone number, and Order Number. 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 calendar days of the date on which the Contract is cancelled.

17. Viruses, Malware and Security

  1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
  2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
  3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
  4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
  5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  6. By breaching the provisions of sub-Clauses 17.3 to 17.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

18. Acceptable Usage Policy

  1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 18. Specifically:
    1. You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
    2. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
    3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    4. You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
  2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
    1. Is sexually explicit;
    2. Is obscene, deliberately offensive, hateful or otherwise inflammatory;
    3. Promotes violence;
    4. Promotes or assists in any form of unlawful activity;
    5. Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
    6. Is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    7. Is calculated or is otherwise likely to deceive;
    8. Is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
    9. Misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 18.2);
    10. Implies any form of affiliation with Us where none exists;
    11. Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
    12. Is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 18 or any of the other provisions of these Terms. Specifically, We may take one or more of the following actions:
    1. Suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
    2. Remove any User Content submitted by you that violates this Acceptable Usage Policy;
    3. Issue you with a written warning;
    4. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    5. Take further legal action against you as appropriate;
    6. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    7. Any other actions which We deem reasonably appropriate (and lawful).
  4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms.

19. Communication, Complaints, Feedback and How to contact us

  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.
  2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

    By email, addressed to Mrs Amanda Button at amanda@mrsbuttonschocolates.co.uk;
    By contacting Us by telephone on 07803 083 893.

20. How We Use Your Personal Information (Data Protection)

  1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy  and Cookie Policy.

21. Accounts

  1. Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
  2. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
  3. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at amanda@mrsbuttonschocolates.co.uk. We will not be liable for any unauthorised use of your Account.
  4. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
  5. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 20.
  6. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information.
  7. If you close your Account, any reviews you have created on Our Site will be anonymised by referring to you by initials only.

22. Intellectual Property Rights

  1.  With the exception of User Content (see Clause 23), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
  2. Subject to sub-Clauses 22.3 and 22.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
  3. You may:
    1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
    2. Download Our Site (or any part of it) for caching;
    3. Print any pages from Our Site;
    4. Download extracts from pages on Our Site; and
    5. Save pages from Our Site for later and/or offline viewing.
  4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
  5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
  6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

23. User Content

  1. User Content on Our Site includes (but is not necessarily limited to) product reviews.
  2. An Account is required if you wish to submit User Content. Please refer to Clause 21 for more information.
  3. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 18.
  4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 23.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
  5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
  6. If you wish to remove User Content from Our Site, the User Content in question will be anonymised by using initials only. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
  7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

24. Links to Our Site

  1. You may link to Our Site provided that:
    1. you do so in a fair and legal manner;
    2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
    3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
    4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
  2. You may not link to any page other than the homepage of Our Site, mrsbuttonschocolates.co.uk. Deep-linking to other pages requires Our express written permission. Please contact Us at amanda@mrsbuttonschocolates.co.uk for further information.
  3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at amanda@mrsbuttonschocolates.co.uk for further information.
  4. You may not link to Our Site from any other site the main content of which contains material that:
    1. Is sexually explicit;
    2. Is obscene, deliberately offensive, hateful or otherwise inflammatory;
    3. Promotes violence;
    4. Promotes or assists in any form of unlawful activity;
    5. Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
    6. Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    7. Is calculated or is otherwise likely to deceive another person;
    8. Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
    9. Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 24.4);
    10. Implies any form of affiliation with Us where none exists;
    11. Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
    12. Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  5. The content restrictions in sub-Clause 24.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 24.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

25. Links to Other Sites

  1. Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

26. Disclaimers

  1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
  2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site.
  4. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

27. Other Important Terms

  1. You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without Our express written permission.
  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.
  3. If any of the provisions of these Terms 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. The remainder of these Terms shall be valid and enforceable.
  4. No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
  5. We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms 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 will be affected by them and are not happy with them.

28. Law and Jurisdiction

  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 the law of England & Wales.
  2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 28.1 above takes away or reduces your rights as a consumer to rely on those provisions.
  3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
  4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

29. Changes to these Terms of Use

  1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
  2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

30. Communications from Us

  1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms, and changes to your Account.
  2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
    For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at amanda@mrsbuttonschocolates.co.uk.

Revised July 2021