Terms and Conditions of Sale
1. Definitions and Interpretation
1.1 “Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
1.2 “Dispatch Confirmation” means our acceptance and confirmation of your Order;
1.3 “Goods” means the goods sold by Us through Our Site;
1.4 “Order” means your order for Goods;
1.5 “We/Us/Our” means Aluva Ltd, 61 Bridge Street, Kington, HR5 3DJ, United Kingdom. Registered in England and Wales under company number 13880792. VAT number 482239969 (“Aluva Chocolates” or “Aluva London”).
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 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.
Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
5.1 These Terms and Conditions, all content included on Our Site, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property.
5.2 You may not reproduce, modify, copy, or distribute any of the materials or content on Our Site without written permission from Aluva Ltd.
5.3 Products, menus, and promotional materials (including but not limited to images, logos, and menus) are the intellectual property of Aluva Ltd. Some of our exclusive packaging is design protected. Any unauthorised use will result in legal action.
6. International Customers – Not Currently Available
Due to customs, legal, regulatory, and certain practical restrictions applicable to orders placed for international delivery, our products are not currently available for consumer delivery outside the UK. We reserve the right to define what can and cannot be delivered to which destination. All purchases must be made in Pounds Sterling. For international trade orders, please contact us at aluvachocolates@mail.com.
7. Goods, Pricing, and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.
7.2 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.
7.3 Some products and ribbons are subject to availability and seasonal updates, and may therefore differ from those shown online. We reserve the right to use branded or unbranded ribbons, in any colour combination, subject to availability, and without providing any notification. Other than ribbons, you will be notified in the event of any material differences or unavailability of products in your order, and given the option to cancel your order or request a refund.
7.4
NUT ALLERGIES:
None of our products are suitable for nut allergy sufferers. All Goods are made in the same environment as nuts, so we cannot guarantee they are free from nut traces. Some of our products contain nuts. You can read more about dietary information via the link to our
Dietary Information page. All products purchased are at the sole risk and responsibility of the customer, even where buying gifts. You should check if the items are suitable for those with nut allergies and consult allergen information. By purchasing our products, you expressly acknowledge and accept that our products either contain nuts or traces of nuts.
IMPORTANT WARNING:
7.5 Product information on our app or website may differ from the actual packaging. Always read labels, warnings, and instructions before use. For the most accurate details, refer to the product packaging or contact us directly.
7.6 We neither represent nor warrant that Goods will be available.
7.7 All prices on Our Site include VAT, where applicable, but we reserve the right to change prices or add, alter, or remove special offers as necessary.
7.8 If incorrect pricing is displayed, we will contact you to inform you of the mistake and offer you the option to cancel or proceed with the corrected price.
7.9 Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, refer to the Delivery and Returns Policy.
8. Orders – How Contracts Are Formed
8.1 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.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase the Goods you have selected. However, the receipt of your Order does not constitute acceptance by Us of that offer. A legally binding Contract will only be formed when we send you a Dispatch Confirmation email confirming that we have accepted your Order. Until this time, no contract exists between you and Us, and we reserve the right to reject or not fulfil any Order at our sole discretion.
8.3 Dispatch Confirmations shall contain the following information:
• 8.3.1 Confirmation of the Goods ordered, including full details of the main characteristics of those Goods;
• 8.3.2 Fully itemised pricing for the Goods ordered, including, where appropriate, taxes, delivery, and other additional charges;
• 8.3.3 Estimated delivery date(s) and time(s).
8.4 We will also include a paper copy of the Dispatch Confirmation with your Goods.
8.5 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If payment has already been taken, any such sums will be refunded to you as soon as possible and in any event within 14 days.
8.6 We reserve the right to limit the number of a given item that can be purchased by an individual customer should we deem it appropriate.
8.7 We reserve the right to suspend your account and any associated accounts if we notice an unusual pattern of purchase and/or returns activity or there is other activity associated with your account or any associated accounts that we deem to be suspicious.
9.1 Delivery times and charges will be confirmed during the checkout process. We aim to deliver your Goods as quickly as possible, but delivery times are not guaranteed and may vary based on your location.
9.2 We will not be liable for any delays or failure in delivery due to causes beyond our reasonable control, such as natural disasters, strikes, or other unforeseen events.
10. Returns and Cancellations
10.1 Subject to Clause 10.4 below, you have the right to cancel your order within 14 days of receiving the Goods, in accordance with consumer protection laws. To cancel, please contact us via the details provided in our Contact Us section or at aluvachocolates@mail.com.
10.2 If you cancel your order, you must return the Goods in their original condition and packaging. You will be responsible for the cost of returning the Goods, and we will issue a full refund, including the cost of delivery, within 14 days of receiving the returned Goods.
10.3 If the Goods are faulty or damaged, please notify us as soon as possible. We will arrange for a return and issue a full refund or replacement.
10.4 No returns will be accepted for opened items, perishable items, made-to-order, or bespoke items. All products in the Ornamental range are made-to-order. By placing an order for personalised, bespoke or made-to-order products, you acknowledge and accept these Terms and Conditions.
11. Ownership and Risk
11.1 Ownership of the Goods will pass to you once we have received full payment for the order.
11.2 The risk of loss or damage to the Goods passes to you once the Goods are delivered to the address you provided.
12. Product Descriptions and Accuracy
12.1 We make every effort to ensure that the information on our website is accurate and up-to-date, including product descriptions, prices, and images. However, we do not guarantee that all information is error-free.
12.2 If there is a mistake with your order due to inaccurate product information, we will contact you as soon as possible to rectify the issue.
12.3. As outlined in Clause 7.3, some products and ribbons are subject to availability and seasonal updates and may therefore differ from those shown online. We reserve the right to use branded or unbranded ribbons in any colour combination, subject to availability, and without providing any notification.
13. Privacy and Data Protection
13.1 We take the privacy of your personal information seriously. All personal information we collect is processed in accordance with our
Privacy Policy.
13.2 By placing an order with us, you consent to the collection, use, and storage of your personal data for the purposes described in our Privacy Policy.
14.1 We will not be liable for any loss or damage that is not foreseeable, or for any loss or damage caused by events outside our reasonable control, such as power failures, internet service provider failures, strikes, riots, and natural disasters.
14.2 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
14.3 If any of the provisions in these Terms are found to be invalid or unenforceable, the remainder of the Terms will remain in effect.
15.1 We will not be liable for any failure or delay in performing our obligations if such failure or delay is caused by events beyond our reasonable control, such as natural disasters, strikes, acts of terrorism, or other unforeseen circumstances.
15.2 If such an event occurs, we will inform you as soon as reasonably possible and will attempt to resume normal service as quickly as possible. If the event continues for more than 28 days, you may cancel your order and receive a refund.
16. Complaints and Feedback
16.1 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.
16.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from
aluvachocolates@mail.com.
16.3 If you wish to complain about any aspect of your dealings with Us, please contact us in one of the following ways:
• 16.3.1 In writing, addressed to Customer Services at aluvachocolates@mail.com;
• 16.3.3 Using the form on our
contact, following the instructions included with the form;
• 16.3.4 By contacting Us by telephone on +44 7825 402721.
17. How We Use Your Personal Information (Data Protection)
17.1 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.
17.2 As further described in the
Privacy Policy, we may use your personal information to:
• 17.2.1 Provide Our Goods and services to you;
• 17.2.2 To organise and facilitate the supply of our Goods and services to you;
• 17.2.3 Process your Order (including payment) for the Goods; and
• 17.2.4 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.
18.1 You may not use Our Site for any of the following purposes:
• 18.1.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
• 18.1.2 Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
• 18.1.3 Interfering with any other person’s use or enjoyment of Our Site; or
• 18.1.4 Making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property rights without the proper permission.
18.2 You will be responsible for Our losses and costs resulting from your breach of clause 18.1.
18.3 Our Site must not be framed on any other website.
18.4 If Our Site provides links to other websites for your information and 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.
19.1 Bespoke Orders: We offer a bespoke service for customers wishing to order customised products. Bespoke orders may include personalised chocolates, packaging, or other products tailored to specific customer requirements.
19.2 Order Process: To place a bespoke order, customers must Contact Us directly to discuss their requirements. A quote will be provided based on the specifications of the bespoke product. Minimum order quantities or pricing applies to all bespoke orders.
19.3 Non-Refundable: As bespoke orders are made to your specifications, these products are non-returnable and non-refundable unless they are faulty or not in accordance with the agreed order.
19.4 Payment for Bespoke Orders: A deposit or full payment may be required in advance for bespoke orders.
19.5 Delivery of Bespoke Orders: Delivery times for bespoke orders may vary. We will provide an estimated delivery date for bespoke orders at the time of order confirmation.
19.6 Changes and Cancellations: Once a bespoke order has been confirmed, any changes or cancellations may not be possible, depending on the stage of production. If changes or cancellations are possible, they may incur additional charges.
20. Other Important Terms
20.1 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.
20.2 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.
20.3 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, 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.
20.4 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.
20.5 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.
20.6 Nothing said by any salesperson on Our behalf should be understood as a variation of these
Terms and Conditions or as an authorized representation about the nature or quality of any Goods offered for sale by Us.
20.7 If you require a copy of these
Terms and Conditions, please print them off or save them to your computer.
