An Olivia Chocolate : Terms & Conditions
We are doing our absolute best to get your deliveries into your home in a timely fashion. We accept all orders from November 20th, 2020 on the basis we will make best endeavours to meet the delivery within the timescale indicated in the checkout basket but cannot issue any refunds due to later delivery during the current circumstances. Once we are through this, we will reinstate our usual delivery promise.
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” - means a contract for the purchase and sale of Goods.
“Dispatch Confirmation” - means our acceptance and confirmation of your Order.
“They” – means our partners such as payment platforms or delivery carriers as implied within the context of the sentence/statement.
“Goods” - means the goods sold by An Olivia Chocolate through our site.
“Order” - means your order for Goods;
“We/Us/Our” - means either An Olivia Chocolate
Registered in Ireland under company number 322178.
Website Ownership.
Our site anoliviachocolate.com is owned and operated by An Olivia Chocolate.
Age Restrictions
Only consumers who are at least 18 years or over may purchase goods containing alcohol through our website.
Intellectual Property
All content on this site is owned or licensed by An Olivia Chocolate. This includes images, logos, graphics, sound clips, layouts, products, product design, site code, video clips, page layouts, product format and ingredient/flavour combinations. By continuing to use the An Olivia Chocolate (anoliviachocolate.com) website you hereby acknowledge that all enclosed material is protected by Irish and international law. You may not replicate or reproduce, modify, distribute or otherwise impact the An Olivia Chocolate brand without written permission from owners or an elected representative of the An Olivia Chocolate Brand.
International Customers
Due to international customs regulations, delivery implications or other, orders or select items may need to be adjusted or cancelled. While we will do everything in our power to rectify the situation some orders may have to be refunded in the case that we cannot fulfil them.
All purchases must be made in Euro. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Additional taxes, customs, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Goods,
An Olivia Chocolate makes every reasonable effort to ensure that all descriptions and of goods available are factual and accurate however;
Images of goods are representative and may vary in colour combinations or may be slightly altered due to lighting used in photography.
Images of goods are representative as are descriptions of packaging, the actual packaging of goods may, on occasion vary.
All Goods are made in the same environment as nuts so we cannot guarantee they are free from nut traces. Dietary information is supplied on our product pages and while every care is made to ensure that this information is correct and up to date customers should take care to ensure that their dietary restrictions are given due care.
Availability
Some goods are seasonal or will have limited supply. Restock or supply is at the discretion of An Olivia Chocolate.
Pricing
An Olivia Chocolate makes every reasonable effort to ensure that all prices are current and up to date. We reserve the right to change prices and alter or remove special offers on occasion. Price changes will never effect orders which have already been placed.
Should mistakes or glitches be made on the site, An Olivia Chocolate reserves the right to cancel and refund unfulfilled orders on the basis of maintaining our commercial viability. In this event we will contact you via email to inform you of the situation.
Orders
During your visit to anoliviachocolate.com and throughout your shopping experience you will have the opportunity to review your order before purchase. You are encouraged to review this and amend it where necessary.
Our acknowledgement of receipt of order does not constitute a binding contract of sale. Only on receipt of our dispatch notice will constitute a binding sales agreement. Unless order has been amended in which case the terms of the order will be reflected in the most current dispatch notice. And refunds/ additional costs will be reflected in this also.
If, for any reason, we do not accept or cannot fulfil your Order, no payment shall be taken. Payments which have been taken through the site payment portal will be refunded to you as soon as possible which may take up to 14 days.
Payment
Payment for goods and delivery is accepted through our platform utilising Stripe technology. And fees or additional usage charges are implemented through their platform and while we apologies for your inconvenience, An Olivia Chocolate accepts no responsibility for this.
Stripe currently accepts all major credit cards as well as Apple pay.
Vat is not included in your purchase currently. Should this change on the future it will be included in the purchase price of your goods.
Delivery, Risk and Ownership
All Goods purchased through Our Site will normally be delivered within the times given on the Site during the Order process. During peak periods we have the right to send goods 2 or 3 days earlier to ensure they arrive by the specified date.
An Olivia Chocolate delivers goods through a number of different carriers depending on order size this includes An Post, DPD and Fastways. If We/They are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) They will follow any delivery instruction you may have given or attempt to leave your goods in a safe place. If this is not possible, our carrier will leave a note advising of where your goods have been returned to, and how to either arrange re-delivery or collect them.
In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation, if any of the following apply you may cancel your Order immediately:
We have refused to deliver your Goods; or
In light of all relevant circumstances, delivery within that time period was essential; or
You told Us when ordering the Goods that delivery within that time period was essential.
If you have chosen collection from our agreed depot (Tots Paradise Mullingar) The responsibility to collect the goods on the date specified within our delivery confirmation will be with you the customer.
Orders collected at a later date of forgotten are not the responsibility of An Olivia Chocolate or Tots Paradise Mullingar. Please email us with any enquiries.
If goods are not available at Tots Paradise Mullingar at the specified date, please inform us immediately. You will be required to present a proof of purchase upon collection of goods. Please be sure to check your order is correct and in full before leaving the Tots Paradise Mullingar Premises. Should there be any issues please inform the collection agent immediately whilst at the same time presenting your proof of purchase and dispatch notification.
Should you cancel your order you will be refunded baring any fees which will be charged by our partner Stripe who handles all financial transactions.
Cancelations cannot be completed after dispatch notification as goods at this point will already be in transit.
Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
The risk in the Goods shall remain with Us until they come into your physical possession.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Resale and distribution.
None of our Products are for resale and the offering for sale of any of our Products is strictly forbidden. We reserve the right to take legal action in respect of any resale or offer for sale.
Those seeking to become distributors and resale agents must go through the appropriate channels as set by An Olivia Chocolate.
Faulty, Damaged or Incorrect Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided.
If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
Beginning on the day that you receive the Goods you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request replacement Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
Please note that you will not be eligible to claim if We informed you of the issue with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them). Please also note that you may not return Goods to Us merely because you have changed your mind. If you are a consumer in the European Union, you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.
To return Goods to Us for any reason first contact us at an_olivia_chocolate@hotmail.com or call +353 87 221 8233. We may ask to meet you or collect the Goods as appropriate. Return of Goods deemed faulty will be at the expense of An Olivia Chocolate.
Refunds (whether full or partial, including reductions in price) will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
Any and all refunds issued will include all delivery costs paid by you when the Goods were originally purchased.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Cancelling and Returning Goods if You Change Your Mind (this clause does not apply to business purchasers)
If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.
If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
If you wish to exercise your right to cancel, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, using the contact details below. Cancellation by email effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the following details:
Telephone: +353 87 221 8233
Email: an_olivia_chocolate@hotmail.com
Post: An Olivia Chocolate, Balreagh, Monilea, Mullingar, Co. Westmeath, Ireland, N91 VYY4.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.
Please note that you may lose your legal right to cancel if you have unsealed the Goods after receiving them.
Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel.
You may return Goods to Us by post to An Olivia Chocolate, Balreagh, Monilea, Mullingar, Co. Westmeath, Ireland, N91 VYY4 and we recommend that you obtain Proof of Postage. Should you wish to return goods in any other way, the cost of returning Goods to Us should not normally exceed the cost of the Postage and Packaging charge paid for your original order. We recommend that a trackable delivery service is always used. Before returning goods to us, we ask that you contact us at an_olivia_chocolate@hotmail.com or call +353 87 221 8233
Refunds will be issued to you within 14 calendar days of the following:
The day on which We receive the Goods back; or
The day on which you inform Us (supplying evidence) that you have sent the Goods back.
If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
Standard delivery charges will be reimbursed in full as part of your refund. We will only reimburse the equivalent standard delivery costs when issuing refunds which have been returned to us. postage should not exceed this which was originally paid during checkout.
Refunds will be made using the same payment method that you used when ordering the Goods.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions 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.
Nothing in these Terms and Conditions 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.
Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to the Irish Citizens Advice Bureau or Trading Standards Office.
Communications, Complaints, Feedback and Contact Details
For enquiries, complaints, matters relating to goods, your order or cancelations, please contact us by telephone at +353 87 221 8233 by email at an_olivia_chocolate@hotmail.com, or by post at An Olivia Chocolate, Balreagh, Monilea, Mullingar, Co. Westmeath, Ireland, N91 VYY4.
How We Use Your Personal Information (Data Protection)
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 to never share data.
Emails address and other subscriptions to our newsletter will be used exclusively by Us and never sold, shared with or otherwise traded with any external body.
While An Olivia Chocolate is a singular company currently if, in the future we develop further business interests we reserve the right to use your data within the “An Olivia Chocolate group” for further marketing activity.
Should there ever be a breach of data we will inform you immediately.
No credit card details or other financial information is stored by An Olivia Chocolate and any and all refunds will be conducted through our partnership with the Stripe platform to the original payment method. Any breach of this data will never be from us.
Other Important Terms
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.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
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.
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.
Nothing said by any salesperson on Our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and An Olivia Chocolate (whether contractual or otherwise) shall be governed by, and construed in accordance with, Irish (Republic of) law.
Any disputes concerning these Terms and Conditions, the relationship between you and An Olivia Chocolate, the Goods or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Ireland
Social media & event promotions and competitions.
By participating in competitions being hosted and un either on the social media pages on An Olivia Chocolate or in person at an event hosted by or hosting by An Olivia Chocolate representative you are expressly agreeing and giving consent to being in our reward scheme prize draws and agree to the terms of the prize draw.
Participants must be over 18 and living the Ireland.
There is no cash alternative for prizes, and they cannot be exchanged for an alternative item. We reserve the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond An Olivia Chocolates control makes it necessary to do so.
Winners will be chosen from a random draw of entries received in accordance with these Terms and Conditions.
An Olivia Chocolate are not accountable for prizes arriving damaged or not arriving due to it being outside of our control. For example, item has been lost during delivery.
An Olivia Chocolate reserves the right at any time, or even from time to time to modify or discontinue, temporarily or permanently, this prize draw with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision An Olivia Chocolate in all matters under its control is final and binding and no correspondence will be entered into.
Those who unsubscribe from our marketing communications, are automatically ineligible to participate on prize draws as we will not be able to communicate with you by law.
If you are a winner, we will contact you via the email. If you do not respond and claim your prize within 30 days of the email being sent, you will not be entitled to the prize after this.
We cannot be held responsible for winners not receiving or seeing their emails. For example, due to emails bouncing or failing to send.
An Olivia Chocolate reserves the right to refuse entry or refuse to award the prize to anyone in breach of these terms and conditions.
Participants in competitions and prize draws automatically consent to the use of their name and information including images for marketing purposes. Should you wish to remain anonymous please contact us and we will remove your details from out communication platforms.
