These Terms and Conditions were last updated on 17th March 2017.
Thank you for your interest in Cocoa Runners. These Terms and Conditions apply when you use this website and purchase any items from us. Please also read our Privacy and Cookies Policy which sets out how we collect, process and use your information.
The website www.cocoarunners.com (the “website”) is owned and operated by NC Chocolate Ltd., trading as ‘Cocoa Runners’ (“Cocoa Runners”, or “we”, “us” or “our”). We are a company registered in England and Wales (company number 08647546), our VAT number is 170 0155 53 and our registered office and address for correspondence is: Leigh Saxton Green Llp, Mutual House, 70 Conduit Street, London, W1S 2GF.
By using our website and each time you place an order with us, you are agreeing to these Terms and Conditions, and our Privacy and Cookies Policy. If you do not agree, please do not use our website.
We reserve the right, from time to time, with or without notice, to change these Terms and Conditions at our sole discretion, and the latest version will appear on our website with the date that it was last updated. By using the service after any changes have been posted, you agree to the new terms.
1. Your account
1.1 To use our website you will need to set up an account with us. You need to be 18 or over to create an account . By joining us you confirm that you are legally capable of entering into binding contracts.
1.2 You will also become a member of the site, eligible to purchase individual chocolate bars and special offers, if you “gift” a subscription to another person.
1.3 You are responsible for your own account, including making sure that your details are correct and kept up to date and for ensuring that your password is secure. If you think that your account is being used by anyone else, please Contact Us immediately. If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
1.4 We may refuse any application to join our website or receive our services for any reason whatsoever.
2. Content on our website
2.1 We may change or remove content or parts of our website at any time.
2.2 The legal rights (including the intellectual property rights) in our website and any content on it is owned by us, or licensed to us by third parties. Our website and content is protected by international copyright laws and database rights. Nothing on our website grants you any licence or right to use, alter or remove such material. You may not use our trade marks, logos or other intellectual property.
2.3 From time to time our website may include links to other websites. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked website(s).
2.4 Your access to our website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the service as soon as we reasonably can.
3. Your use of our website
3.1 You agree that you will not: (a) impersonate any other person, conduct yourself in an offensive manner, or use our website for any unlawful purposes; (b) attempt to access the accounts of other users or misuse our website by introducing viruses, trojans, worms or other harmful material; or (c) disable or modify any copy protection technology used on our website.
3.2 We may suspend, restrict or terminate your account and your access to our website if we believe that you have breached these Terms and Conditions. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
4.1 The prices which you must pay for the products that you order are set out on the website at the time you place your order (plus a delivery charge for individual chocolate bars (postage for monthly subscriptions delivered within the UK is free)).
4.2 Due to the volume of products on our website, it is possible that some of the products may be incorrectly priced from time to time. We are under no obligation to supply products to you at an incorrect (lower) price, even after we have sent you an order confirmation message, if the pricing error is clear and unmistakable and could reasonably have been recognised as mispricing.
4.3 All prices include VAT at the appropriate rate (currently 20%).
5. Placing an order
5.1 In order to purchase a monthly subscription, individual chocolate bars or special offers, you simply need to select the relevant tab from our homepage menu, click “Add to Cart” and follow the checkout process.
5.2 As part of the checkout process you will be asked to submit your payment details in accordance with our accepted payment methods.
5.3 Our ordering process allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
5.4 Once you click on the “Confirm and Pay” tab we will process your payment details and you will not be able to cancel your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
6. Dietary Information
6.1 The products that we sell may be made in the same environment as nuts and gluten products and therefore we cannot guarantee that they are free from nut or gluten traces.
6.2 We ask our suppliers for dietary information which we display on the site, but we do not make any warranties as to the accuracy of this information and we do not assume any liabilities.
7. Monthly subscription
7.1 In the case of a monthly subscriber, we will endeavour to ship your first box the next working day after making your purchase (or on the dispatch date selected). Thereafter, we will bill you during the second week of each month and the subscription box will be dispatched during the third full week of each month.
7.2 In the case of a quarterly subscriber, we will use our reasonable endeavours to ship the subscription box during the third full week of each month. We will bill you during the second week of the month after your final box of the quarter and subsequently thereafter.
7.3 Free chocolate bars and discounted offers are only available to new users of our website, except where expressly stated. Previous users or trialists of the subscription service do not qualify for an additional special offer.
7.4 Any discounts and credits we make are designed to be used independently and cannot be used in conjunction with any other offers.
7.5 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future subscription boxes in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us at firstname.lastname@example.org.
7.6 We may suspend supply of the products if you do not pay us for the products when you are supposed to (see section 8, below). We will contact to tell you that we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended.
8.1 Subscription boxes and individual chocolate bars can be delivered to most addresses across the world. If you have issues with your address being recognised at the checkout please contact email@example.com and we will endeavour to meet your requests. There is a delivery charge for shipping on all items except the subscription boxes within the UK.
8.2 We currently use Royal Mail second class postage (or the equivalent in other countries we ship to) to deliver subscription boxes to you.
8.3 Individual chocolate bars and other items (such as one of gift boxes and hampers) for delivery are also sent via Royal Mail second class postage unless you select expedited delivery. You can see the total cost of these delivery options for your particular order at the checkout after specifying the delivery address.
8.4 We reserve the right to amend delivery fees at any time without notice.
8.5 If we are unable to fulfil your order due to the product(s) being unavailable, we will inform you via email and reimburse to you any sum paid as soon as possible.
8.6 You will become the owner of the products you have ordered when they are delivered to you. Once products have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction. Without prejudice to any applicable law, please note that we cannot take responsibility for deliveries to countries outside of the European Union (EU). By placing an order for delivery to a country outside of the EU, you accept that any loss (unless you pay for tracked delivery), destruction or delay is at your own risk.
8.7 You also acknowledge that products may be delivered to a neighbour or left in a safe place (for example, a letterbox or porch) unless you specifically say that you are not happy with that arrangement. For deliveries to countries with warm climate or during the summer period, you accept that any products left outside your door may melt and should this happen, you will not be able to claim a refund or ask for a replacement.
8.8 Products containing alcohol are only available for purchase to persons over the legal drinking age (which is 18 in the UK). By placing an order for an alcoholic product you confirm that you are legally allowed to drink and we reserve the right not to deliver if we are unsure of this.
8.9 If you change address, you must update your address details by e-mailing us at: firstname.lastname@example.org. Please note that we cannot amend address details once payment has gone through and we will not send replacements or refund orders which go missing due to an incomplete address. For subscriptions we can update address details in time for your next box if you contact us before the 10th of the month. If you contact us after this date, the address will be updated in time for the next month’s box.
8.10 Please note that any delivery dates and times stated on our website are estimates only and we cannot guarantee that your order will be delivered on a particular date.
8.11 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
9. Cancellation, Returns and Suspensions
9.1 You may cancel or suspend your monthly or quarterly subscription service by contacting us at email@example.com, before the 10th of the month of auto-renewal. Please note that removing your credit card details from your account profile will not stop your subscription or prevent payments being taken.
9.2 If you are a consumer residing in the EU, you have the right to cancel your contract with us in relation to products purchased from our website, without any penalty and for any reason, by notifying us in writing within fourteen (14) calendar days, beginning on the day you receive the products. You should notify us by completing and submitting the online Return Form (which you may post or e-mail to us) or by contacting us at: firstname.lastname@example.org. Please note that you will lose your right to cancel if you open, consume, damage etc. the products.
9.3 If, pursuant to Clause 9.2, you cancel the contract within the fourteen (14) calendar days cooling-off period, we will process the refund due to you as soon as possible and, in any event within: (a) where we collect the products from you through our approved courier, fourteen (14) calendar days of the day on which you gave notice of your cancellation; or (b) where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time. We will refund the price of the product in full, including any standard delivery costs which have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) including the cost of sending the item to you. You will be responsible for the cost of returning the products to us provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
9.4 You should return the products to us within fourteen (14) calendar days of the date you notify us of the cancellation, in the same condition in which you received them and at your own expense. Please ensure that all returns are accompanied by a returns form (available here). You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.5 You can cancel an individual chocolate bar order provided that it has not entered our “pick and pack” dispatch process. Unfortunately, we cannot give exact timings of when orders are handed over to “pick and pack”, however if you email us at email@example.com we will endeavour to help you. This does not affect your statutory right to return the bar.
9.6 Once you have notified us that you are cancelling your order, any sum debited from your payment card will be re-credited to your account as soon as possible, and in any event within 30 days of your order.
9.7 If you receive the first box for free (because you have used a voucher that we have given you), you will be required to pay for the next two boxes and will not be able to cancel (unless you exercise your rights under Clause 9.2, above, if applicable) until after your 3rd box has been paid for and dispatched.
9.8 If you would like to suspend your subscription you must email us with this request at firstname.lastname@example.org before the 10th of month. Please note that we cannot suspend accounts indefinitely so a renewal date must be agreed with us in writing. We reserve the right to not send a reminder email notification of an upcoming payment renewal.
10.1 If you are unhappy with any chocolate bar that you receive from us, please contact us at email@example.com, sending a photo of the product. We retain the right to request a return of any faulty products by recorded delivery to: Cocoa Runners, 18 Leather Lane, Farringdon, London, UK
If the fault is agreed, a full refund will be given for the returned goods within 7 days. We reserve the right to refuse a refund on any chocolate bar.
11. Other important terms
11.2 You are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.
11.3 Nothing in these terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
11.4 Nor will any of these Terms and Conditions restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
11.5 If any part of these Terms and Conditions is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.
11.6 This contract is between you and us. No other person has any rights to enforce any of its terms.
11.7 You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
11.8 We will not be liable to you for any lack of performance, or the unavailability or failure of our website or our services, or for any failure by us to comply with these terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
11.9 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
11.10 These Terms and Conditions, and any contract between us, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have non-exclusive jurisdiction to resolve any disputes between us.
12. How to contact us and further information
12.1 If you have any feedback, questions or complaints or any requests for technical support, then please contact us at firstname.lastname@example.org.
12.2 The website www.cocoarunners.com is owned and operated by NC Chocolate Ltd., trading as ‘Cocoa Runners’. We are a company registered in England and Wales (company registration number 08647546), and our registered office is at Leigh Saxton Green Llp, Mutual House, 70 Conduit Street, London, W1S 2GF.
12.3 Our VAT registration number is 170 0155 53.
If you can’t find the answer to your question here, you can click here to send us a message, call us on 0844 692 1234 for any urgent “where is my order” requests, email at email@example.com for general queries, tweet us @CocoaRunners or get in touch on Facebook.
We’ll do our best to reply to all messages with 48 working hours but we are a small company and during busy periods it can take a little longer. We are closed on weekends so if you message us then we will get back to you the beginning of the following week.