Please read these terms and conditions of sale (‘Terms’) carefully. They will apply to any order you make with us. You understand that by ordering any goods, you agree to be bound by these Terms.
Please keep a copy of these Terms for future reference.
1.1 This website is operated by Little Black Cat Gourmet (‘we’, ‘us’ or ‘our’).
1.2 We are registered in England and Wales under our registered number [X] Our main trading address is X.
1.3 Any reference to ‘you’ or ‘your’ is a reference to you as our customer and to your rights and obligations.
1.4 Goods displayed on our website can be ordered online through our secure server.
1.5 Your order constitutes an offer to us to buy our goods. All orders are subject to availability and subject to acceptance by us. We will confirm such acceptance to you by sending you notice (the ‘Order Confirmation’). The contract between us (the ‘Contract’) will only be formed when we let you have the Order Confirmation.
1.6 The Contract will relate only to those goods confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Order Confirmation.
1.7 By placing an order, you confirm that:
1.7.1 you are legally capable of entering into a binding contract;
1.7.2 you are eighteen years or over; and
1.7.3 you have read and agree to be bound by these Terms.
1.8 Please understand that if you refuse to accept these Terms, you will not be able to order any goods from us. In case of orders made through the website please click on the button marked ‘I Accept’ on the checkout page in the order process if you accept them. If you do not do that you cannot place an order.
1.9 We sell goods only to end consumers. All goods are sold subject to the condition that they will not be resold.
1.10 The Contract may be subject to your right of cancellation (see clause 5 below).
2. Description and price of the goods
2.1 The description and, subject to clauses 2.2 and 2.3 below, the price of any goods you order will be as shown on our website at the time you place your order, subject only to any inadvertent typographical errors for which we will not be liable.
2.2 The prices of the goods does not include delivery charges. Details about delivery charges can be found on our website.
2.3 All prices are inclusive of VAT, where applicable.
2.4 The goods are subject to ingredient availability. You will be informed when placing your order if any goods cannot be produced and in that event, we will offer you an alternative.
2.5 Please be aware that some our goods may contain nuts or traces of nuts. Detailed allergen information is provided with each product description.
2.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
2.7 Photographs of goods on our website are only a representation. As goods are handmade to order the final product may differ from the image shown, however it will not be fundamentally different.
3.1 Payment for the goods may be made by Paypal, debit, credit or charge card. The debit, credit and charge cards are processed through Paypal.
3.2 Where you pay by debit, credit or charge card, we will debit the price of the goods from your payment card at the time of your order. We reserve the right to terminate any Contract if we are refused payment.
4.1 Due to the nature of our goods we only deliver to mainland UK by commercial courier.
4.2 Our goods are made to order and require a minimum of 4 days notice. Goods may take up to 4 days from the time the order is placed to when it is shipped out.
4.3 If you order goods from our standard service, delivery will take between 1-3 working days. We recommend using next day delivery option for all our chocolate truffles to ensure they reach you in the freshest possible condition as they are made with fresh cream. Full details of the delivery charges applicable are available on our website.
4.3.1 Please note that standard delivery and next day delivery times apply from the day the order is ready to be shipped and not from the day the order was placed.
4.4 Goods are supplied at a temperature appropriate to the food concerned.
4.5 We will arrange a time for delivery once a Contract has been formed and confirm this to you in the Order Confirmation or by contacting you separately with a delivery confirmation. It is essential that you, or someone on your behalf, will be available to receive and sign for the goods at the delivery address at the agreed delivery time. If someone at the delivery address other than you signs for the goods, we are entitled to assume that person is authorised by you to do so.
4.6 Sometimes delivery may be late or cancelled because of adverse weather conditions or other events outside of our reasonable control. If so, we will try to contact you as soon as we are able to in order to reschedule your delivery time and date.
4.7 If no one is at the delivery address when delivery is attempted then the following arrangements will operate:
4.7.1 In the case of chocolate truffles which are perishable, the goods will be taken back by the courier who will make a further attempt to redeliver. If the second delivery attempt fails we will not be held responsible for any deterioration of the goods. In addition, since the goods cannot be resold, and since we will have incurred a delivery charge, we will be entitled to retain in full the price of the goods debited from your payment card.
5. Amendment of order and cancellation rights
5.1 In the case of perishable goods, you may amend or cancel your order by contacting us by email at firstname.lastname@example.org or by telephone on no later than three hours after the Order Confirmation.
5.2 If you amend or cancel your order containing perishable goods within the time limits stated in clause 5.1, then within 30 (thirty) days of the amendment/cancellation:
5.2.1 if you have paid the price by credit or debit card, we will credit your payment card with the appropriate sum.
5.3 Where you amend or cancel an order for perishable goods outside of the time limits in clause 5.1, we will be unable to resell any unwanted goods since they are freshly made to order and we will also have incurred a charge to our courier on the booking of your delivery. Accordingly, we will be entitled to retain in full the price of the goods debited from your payment card on any such cancellation.
5.4 In respect of non perishable goods only, you have the right to cancel the order and to send back the goods at any time within seven working days beginning on the day after you receive the goods. A working day is any day other than weekends and bank or other public holidays. Please note that this right does not apply to perishable goods such as chocolates, cookies and jams.
5.5 If you wish to send back non-perishable goods, you need to comply with the following arrangements:
5.5.1 you must give us notice by telephone on or by email at email@example.com giving details of the goods concerned;
5.5.2 you should then return the goods to us, in secure packaging, within five working days of notifying us that you wish to return the goods. You will be responsible for the cost of returning any goods to us unless they are defective or we have delivered the goods to you in error or as a substitute. Alternatively, we can collect the goods from you, but you will have to pay the cost to us of recovering the goods;
5.5.3 you must take reasonable care to ensure that the goods and their packaging are not damaged, pending their return;
5.5.4 within 30 (thirty) days of the date on which you notify us of cancellation, and if you have paid the price of the goods by credit or debit card we will credit your payment card with the appropriate sum and if you have paid by Paypal we will credit your Paypal account with the appropriate sum.
5.5.5 if we have already collected the goods ourselves, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
5.6 In the case of mixed orders comprising both perishable and non-perishable goods, your cancellation rights under clause 5.4 above will only apply to that part of your order which comprises non-perishable goods. You may amend or cancel that part of your order which comprises perishable goods in accordance with the provisions of clauses 5.1 to 5.3 above.
5.7 For your protection we recommend, when returning any goods, you use a reputable delivery service which can provide evidence that they have delivered the goods to us. Please ensure that the goods which are being returned are packed with sufficient care to ensure that damage does not occur in transit. We will not be responsible for damage to returned goods caused by insufficient packaging. In most cases sufficient packaging means a strong cardboard box with adequate internal cushioning around the goods.
6. Refunds policy in case of customer complaint
6.1 Every effort will be taken to ensure that you receive the correct goods and that they are of satisfactory quality. However, if you identify incorrect goods, or the delivery is of an incorrect quantity or you are dissatisfied in any way with the quality of the goods, you should notify us as soon as reasonably possible. In the case of perishable goods, you should inspect them on delivery and if you have any complaints, contact us immediately by telephone. We may then, at our discretion, require you to send us a photograph of the goods which are the subject of the complaint. We may also require you to return the product to us, in which case we will refund the postage and packaging cost.
6.2 You should note that when ordering chocolate and cookies with topping, the topping by its nature may become dislodged during transit. This will not affect the quality of the product itself. Accordingly, in that event, you will only be entitled to the remedies under clause 6.3.
6.3 Subject to your compliance with clauses 6.1 and 6.2 above, where you have received incorrect goods, a short delivery of goods or goods that do not meet with your reasonable satisfaction, we will, at our option:
6.3.1 make good any shortage or exchange the incorrect goods or goods that are of unsatisfactory quality; or
6.3.2 where you have paid the price of the short shipped or unsatisfactory goods by credit or debit refund the appropriate sum to your payment card/ Paypal account
6.4 We will not require payment of any additional delivery charge in respect of the replacement of goods.
7. Wedding and Bespoke Chocolate Terms and Conditions
7.1 Minimum order amount for bespoke chocolates is 25 boxes either 2 truffles per box or 4 truffles per box.
7.2 Minimum 2 months notice prior to the date of the wedding is required for the bespoke chocolates, luxury bidh/mixed favours.
7.3 For the bespoke chocolates there will be a no obligation, free consultation. Once agreed upon, a 25% non-refundable deposit will be required.
7.4 A sample of the bespoke chocolate and couple’s story card will be provided in advance. If the flavour is not suitable another option will be provided. There will be a maximum of 2 options.
7.5 Delivery cost will depend on the size of the order. All wedding chocolates will be delivered via courier in advance of the specified wedding date.
7.6 Orders cancelled less than 30 days prior to delivery date will still be charged at 70% of the total cost.
8. Our liability
8.1 If either of us fails to comply with these Terms, the relevant party will only be responsible for losses which are a direct and foreseeable consequence of the failure to comply with these Terms.
8.2 We will not be responsible for any loss or damage to the goods after you have taken delivery of them except as set out in these Terms.
8.3 We cannot accept liability for losses which were not reasonably foreseeable by us when we agreed to supply you with the goods. Accordingly, our maximum liability to you in respect of any Contract will be limited to refunding you the price you paid for the goods in question.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (‘Force Majeure Event’).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
9.2.1 strikes, lock-outs or other industrial action; or
9.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
9.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
9.2.4 impossibility of the use of any relevant means of public or private transport; or
9.2.5 impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
10.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent.
10.2 We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
12. Making a complaint
12.1 We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us at firstname.lastname@example.org
12.2 We will try to resolve any disagreements quickly and efficiently. We endeavour to respond to all complaints within 14 days. We will keep you informed as we handle your complaint and will in most cases be able to resolve this within 30 days.
12.3 Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
13. Intellectual property
13.1 All rights, including copyright, trademarks, names and logos used in relation to our website are owned by or controlled for these purposes by us. Nothing in these Terms confers on you any license or right under any of our trademarks, names or logos or those of any third party.
13.2 We reserve the right to issue legal proceedings against any persons who copy any text, photographs, images, graphics, logos, button icons, trademarks or any part of this web site.
13.3 The content of our website is and remains our property.
14. Written Communications
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website.
14.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 We may change these Terms without notice to you in relation to future sales and you should therefore check the website prior to each order to ensure that you have read and understood the current version of our Terms.
15.2 These Terms will be governed by English law.