Terms & Conditions
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It is The Chocolate Calendar Company’s mission to deliver the best possible customer service at all times. We therefore adhere to and if possible exceed all of the current and proposed legislation and trade body guidelines.
The Chocolate Calendar Company is a trading name of Chocolate Promotions Limited (Registered Number 11475193), Registered office, 20 Commercial Road, London, N18 1TP.
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1. GENERAL
These terms and conditions apply to all orders and supersedes all others. Receipt of order confirmation from you, constitutes your acceptance that our conditions apply to the contract notwithstanding any purported terms put forward by you.
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2. PAYMENT TERMS
Payment is required before any order is processed unless credit facilities have been approved with us in advance of the order. Payment on pre-approved credit accounts shall be made in full within 30 days of invoice. These terms apply unless special settlement terms have been agreed by us in writing. Credit facilities may be withdrawn without notice.
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3. DISCOUNT
Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the rights to invoice any such discounts to accounts, which become overdue.
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4. PAYMENT INSTRUCTIONS
All payments and queries relating to your account should be addressed to The Chocolate Calendar Company Limited. Cheques should be made payable to Chocolate Promotions Limited and BACS payments to Chocolate Promotions Limited’s bank account: 10732777 and sort code 09-02-22
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5. PASSING OF TITLE AND RISK
5.1 The risk in the goods shall pass to you on delivery.
5.2 All goods, delivered or not, remain our property until payment is received in full.
5.3 Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purposes.
6. PRODUCTS & PRICES
We reserve the right to alter any prices or detail or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogues & website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. Where applicable all prices quoted are subject to V.A.T at the current rate.
7. QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any charges in the law or government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. All quoted prices are subject to site of artwork and stock availability.
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8.DELIVERY
8.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the dates of such delivery.
8.2 Special express deliveries can usually be arranged but will usually be subject to additional charges (e.g. Express print charges and Express delivery charges) which will be charged to you at current quoted rates.
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9. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
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10. CLAIMS
10.1 - Claims arising from damages or partial loss in transit must be made in writing to us, so as to reach us within 3 days of delivery.
10.2 - All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach is with 3 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of contract.
10.3 - You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted in the delivery note at the time of delivery.
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11. LIABILITY
11.1 -Save in so far as defects in the goods cause to death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the good.
11.2 -We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 10.
11.3 -Nothing in these terms and conditions shall affect the statutory rights of the consumer.
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12. CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
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13. FILE COPIES
Where file copies are required, they should be requested on placement of order as part of the order. E.g. Where an order of 500 units requires 2x file copies, it should be ordered as ‘502 (including 2 file copies)’
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14. OVERDUE ACCOUNTS
14.1 No goods will be delivered on accounts which remain unpaid after payment is due. Invoices not paid by the due date may be charged interest at 2% per month calculated on a daily basis until payment has received and cleared into our bank account. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
14.2 We reserve the right to charge you for any legal collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
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15. QUANTITY CHANGES TO ORDER
Any change in the quantity of an order must be made in writing to us prior to commencement of order processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
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16. ARTWORK AND PRINTING
16.1 All artwork and printing charges will be levied where necessary unless previously stipulated by us.
16.2 Where applicable the prices shown include printing one colour one position from print ready artwork supplied.
16.3 It is important that the customer obtains the permission of the owner of the copyright (and any other intellectual property rights anywhere in the world) for any wording or images before submitting them to The Chocolate Calendar Company. By submitting wording or images, the customer is permitting The Chocolate Calendar Company to use them in connection with the customer’s order The Chocolate Calendar Company reserves the right to refuse to use any wording or images supplied by a customer where, in The Chocolate Calendar Company’s opinion, to do so would be illegal, immoral, in poor taste or would infringe the intellectual property rights of any person in any part of the world. Where The Chocolate Calendar Company does use wording or images provided by the customer, then this shall be at the customer’s risk. The Chocolate Calendar Company shall not be responsible for any loss, claim, cost or damage incurred by the customer (or any recipient of the goods) as a result of the inclusion of any wording or image on the goods at the request of the customer.
17. PRODUCTION SAMPLES
Unless otherwise stated in writing, we assume the right to use production samples of all orders placed for photography and physical sampling to aid future sales of the product and our services.
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18. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising or any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
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19. MONITORING OF TELEPHONE CALLS
For security and training purposes telephone calls may be recorded.