My Chocolate – Terms and Conditions of Business

1 General

‘My Chocolate’ is a trading style of My Chocolate Limited, a company incorporated in England and Wales (under company number 05421757) whose registered office is situated at 10C Branch Place, London, N1 5PH.

    • we”, “us”, “our” “Company” and “My Chocolate” means My Chocolate Limited;
    • you” and “your” means our customer, and any other recipients of our goods and/ or services;
    • Event” means the event to be provided by My Chocolate to you upon these Terms and Conditions;
    • Event Date” means the date for which the Event is booked;
    • “Ticketed Event” refers to an Event booking made online or on the phone for a scheduled public workshop;
    • “Bespoke Event” refers to any Non-Ticketed Event (including Package Offers)
    • “Package Offer” refers to all group discounts for Ticketed Events

 

  • Third Party” refers to any  person that My Chocolate works in partnership with in the provision of our goods and/ or services;

 

  • Voucher”means a valid My Chocolate gift voucher, as purchased from My Chocolate or one of our approved vendors.   

These “Terms and Conditions” supersede any other terms and conditions previously published and together with any specific contractual terms agreed between us constitute the entire understanding and agreement between you and us.

From time to time, we may reasonably modify these Terms and Conditions, and we will endeavour to promptly notify you of any such changes to these Terms and Conditions. By purchasing a ticket, booking a Bespoke Event and/ or using our website, you acknowledge that you have accepted these Terms and Conditions.

All headings in these Terms and Conditions are for ease of reference only and shall not affect the contractual relationship between you and us.

Should any provision of these Terms and Conditions be or become void or unenforceable, then such provision shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Terms and Conditions.

No waiver or forbearance by us (whether express or implied) in enforcing any of our rights under these Terms and Conditions shall prejudice our rights to do so in the future.

For the purposes of the Contract (Rights of Third Parties) Act 1999 it is agreed by us that nothing in these Terms and Conditions shall confer on any third party any right to enforce or any benefit of any provision of these Terms and Conditions that may be concluded by them.

2 Governing Law and Jurisdiction

These Terms and Conditions are governed by English law.

In the event of any dispute arising between you and us in relation to our website , any Event or these Terms and Conditions , you and we agree that the dispute shall be submitted to the exclusive  jurisdiction of the English and Welsh courts.  

3 Accuracy of information

We have made all reasonable efforts to ensure that the information published on our website or other marketing material is accurate and up to date. However, we make no warranties or representations as to the reliability, accuracy, and completeness of the information on our website or other marketing materials. All photographs and descriptions of the Events are merely illustrative of the Events we provide and only serve to give an idea of such Events.

Certain information on our website or our marketing materials may be provided by Third Parties and you acknowledge and agree that neither we nor our suppliers have any control over the accuracy or completeness of such third party information. You are reminded that when you enter Third Party websites by means of hypertext links from our website, you may be subject to the terms and conditions of the Third Party website you are entering. Hypertext links to Third Party websites are provided for your convenience only. You acknowledge and agree that we do not endorse nor are we responsible for nor liable in any way for the information or content displayed on, or software downloaded from, such Third Party websites and we do not endorse or make any recommendation about products and services that are advertised or promoted on such Third Party websites.

4  Bookings

We reserve the right to change our published prices at any time.  Contractual prices are fixed at time of booking. All quotes are for illustrative purposes only and are not binding until the event has been confirmed and the quote has been accepted by the customer or payment has been made. If payment is not received by the agreed date, at our discretion, My Chocolate will charge 5% interest per week of the total invoice sum inclusive of VAT. If the debt remains outstanding for 60 days or more My Chocolate will take steps to recover the debt. The customer will be liable for all costs incurred by any debt collection agency.

We can only guarantee guest spaces for the number paid for at the time of any booking. Any additional places sought to be subsequently booked are subject to availability and current pricing.

All payments are subject to the terms agreed on the booking invoice.  

4.1 Vouchers

All vouchers are valid until the expiry date printed on such voucher. The customer must book onto the correct Event and use the correct voucher details. The experience must be taken before the expiry date of the voucher.

Vouchers cannot be replaced if lost, stolen or destroyed. Vouchers cannot be refunded, exchanged for cash or used to purchase another gift voucher. Vouchers cannot be used in conjunction with promotional offers.

If your purchase is for a higher amount than the value of the voucher(s), the difference can be made up with a card payment. If it is less, then change can not be given.

Vouchers cannot be sold to any third parties without our consent. If we do give our consent then such consent may be subject to any conditions which we impose. In any event you may not sell the Vouchers through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of Vouchers by you to a third party.

The expiry dates of any voucher purchased from My Chocolate may be extended by a period of up to one month, subject to contacting My Chocolate prior to the original expiry date of the Voucher and the payment of a reasonable administration fee. Any third party vouchers will be subject to the third party terms and conditions for extensions or cancellations and will need to be organised with the third party directly. The voucher must be brought to the Event and presented to the My Chocolate staff on arrival in order to participate in the Event.

4.2 Promotional Codes

Promotional codes cannot be used in conjunction with any other offer. All promotions are subject to their specific conditions, published on www.mychocolate.co.uk.

4.3 Guest Restrictions

Certain activities are only suitable for specific age groups and these age restrictions must be adhered to. English law prohibits the sale of alcohol to, or consumption by persons under the age of 18. We reserve the right to request valid proof of age identification before allowing you to attend an event, and we reserve any rights of entry to our premises and attendance on an Event. Guests under 16 years must be accompanied by an adult (18 years+).

Non-paying spectators are not eligible to attend the Events, unless authorised by My Chocolate in advance.

4.4 Exclusive Use of Venue

Bookings will only have exclusive use of the venue where explicitly agreed in advance and stated on the booking  invoice.

4.4 Food Allergies

All ingredients used in the provision of the services may contain traces of nuts or nut products. To the fullest extent permitted by law, we exclude our liability to you for any allergies or other reactions to nuts, nut products, lactose, soya beans or other food products which may arise.

4.5 Booking Changes

Booking times and dates may be changed at any time up to 21 days before the event for all Ticketed Events (excluding Package Offers). Any changes after this time, will be subject to availability and a reasonable administration fee. (This excludes Bespoke Events where an external venue has been commissioned).

4.6 Booking Cancellations

All online and voucher bookings are non-refundable.

For all Bespoke Event cancellations (including Package Offers), monies may be refunded (including the cancellation/ decreasing in number of participants), following a written cancellation request, as follows:  

Cancellation Period Refund To Customer
Less than 14 days before event 0% of monies paid
14 – 28 days before the event 50% of monies paid
28 days before event 80% monies paid

 

4.7 Latecomers

Events have a set start and finish time. We regret that we cannot offer extra time or reimbursement for latecomers or no shows. If a Booking Client wishes to extend the end time of a Bespoke Event, this is subject to management discretion and the payment of a reasonable extension fee.

4.8 Event Etiquette  

We reserve the right to exclude any person from the event or premises if it reasonably considers them to be objectionable and if necessary stop the event without liability to any refund or compensation. The client will be liable for the cost of any repairs carried out as a result of any damage caused to any part of the venue or equipment, by any act of default or neglect by the client, guest or employee of the client.

4.9 Lost Property

All property taken to a My Chocolate event is the responsibility of the individual. My Chocolate is not responsible for any loss, theft or damage to any property brought along to a My Chocolate event, nor the return of the property to the customer.

5 Insurance

Where we provide the services at our premises, we shall maintain third party public liability insurance of at least £1 million for each and every loss, damage or injury. We can provide a copy of the insurance policy to you upon request at any time.

Where we provide the services at your premises, it is your responsibility to ensure that you have the appropriate insurance cover in place.

6 Liability

All representations and warranties whether expressed or implied under law (including, without limitation, any representations or warranties in relation to the content, information, data, services, interrupted use, errors, omissions, delays, termination of services, loss of data for any reason, fitness for purpose, infringement of third party intellectual property rights) are hereby excluded to the fullest extent permitted by law.

We make no warranties or representations that the website and/ or the services will meet your requirements and needs, or that the website and/ or the services will be provided in a timely and error free manner.

Nothing in these Terms and Conditions seeks to restrict or exclude our liability to you for death or personal injury caused by our negligence.

Other than in the case of death or personal injury caused by our negligence, our aggregate liability to you shall in no circumstances exceed the price paid by you for the services which gives rise to such liability in respect of an occurrence or series of occurrences.

Subject to the above, we shall not be liable for any losses, damages, costs, claims, expenses or liabilities whatsoever arising out of or in connection with:

  • The acts, errors or omissions of third parties;
  • Any loss of profits or indirect or consequential loss or damages whatsoever incurred by you in respect of any claim made against you by any third party in connection with your use of the website or the services;
  • Any unavailability of the website and/ or our services;
  • Any changes or amendments to the type of content on the website and/ or the services provided;
  • Your failure to ensure the security of your account details; or
  • Your use of the website and services otherwise than in accordance with these Terms of Use.

Nothing contained in these Terms shall affect your rights as a consumer under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.

7 Event Constraints

7.1 Force Majeure

If we are prevented from performing our obligations to you by any factor beyond our reasonable control including, without limitation, an act of god, flood, earthquake, war, insurrection, terrorism, sabotage, civil disorder, hooliganism, labour dispute, lightning, snow, ice or other inclement weather, fire, acts of government or regulatory authority, power failure, satellite or cable malfunction (each a Force Majeure), we reserve the right to cancel the Event or postpone the Event. We shall give as much written notification as possible to you in the occurrence of problem brought about by a Force Majeure and outline the effects on your Event.

7.2 Event Changes

My Chocolate reserves the right to choose not to deliver the Event or to have the booking fulfilled by a third party. My Chocolate reserves the right to move an event venue at any time.

When travelling to your external venue, My Chocolate will endeavour to arrive with ample time before the agreed start time of the event but there may be times in which we are delayed due to circumstances which  are out of our control. In this case, My Chocolate cannot compensate for losses.

8 Links To and From the Website

Electronic links to our website are prohibited without our prior written consent. Some pages on the website may contain hypertext links to websites not operated or maintained by us (Third Party Websites). When you enter the Website by means of hypertext links from Third Party Websites, you will be subject to these Terms.

You will indemnify us, our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

  • Any use by you of our website and/ or the services whether in breach of these Terms and Conditions or not;

              and  

  • Any claim that the uploading, sale, processing, printing or display of any material by you or on your behalf is an infringement of any third party’s copyright, trademark, other intellectual property rights or confidentiality (or like) agreements.

9 Intellectual Property

You acknowledge and agree that the website and the services, together with associated software used in connection their provision, contains proprietary and confidential information that may be protected by applicable laws and intellectual property rights. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our website and/ or the services.

10 Privacy of Your Information

We are committed to protecting your privacy during your visits to our website and use of the services and recognise our responsibility to keep the information you provide to us confidential.

10.1 Data Held About The Customer

We hold the personal data provided by you during the sale registration process so as to tailor our service to your specific interests and requirements. We also hold the personal data provided by you in relation to certain services on the website, so that you do not need to re-enter this data when you next require the service.

All personal data provided by you is held securely and in confidence by us in our computerised and other records. You have a right to inspect the data we hold about you at any time and if you wish to do so, you should contact us. If anything in the data is inaccurate or out-of-date, or if at any time you wish to have your name removed from our database, please let us know and we will amend our records accordingly. In the event of data change, we may ask for proof of identity before revealing or changing any information.

10.2 Usage of Data

The nature of our service means that from time to time we may have to share your personal data with our affiliates who provide the products and services that you request. We reserve the right to transfer your personal data among our affiliated companies and undertakings, to the successors to the relevant portion of any or our business or to independent contractors we engage from time to time, provided that such persons undertake to hold and use such personal data in accordance with the terms of this privacy policy. We do not rent, trade or sell your private details to other organisations.

In order to improve our service we may use your personal information (including sales information) for marketing and analysis purposes. Generally this information will be used in an aggregated non-personal form. We may from time to time notify you of other products, special offers and services that we feel may be of interest to you.

In addition, when you access our Website, your computer’s browser provides us with information such as your IP address, browser type, access time and referring URL which is collected and used to compile statistical data on the use of our website. This information may be used to help us improve our Website and the services we offer. In the case of fraud or any other illegal activity at this site, this information may be used to assist legal authorities during their investigations.

10.3 Marketing

My Chocolate reserves the right to take and retain photographs of any guests who participate in our Events and workshops and may publish these on any of our marketing channels.

11 Security

We take all reasonable steps to ensure that your personal data is disclosed only to those specified by you. However, we do not guarantee that the personal data you have provided to us will not be intercepted or decrypted by others.

September 2007

© My Chocolate Limited. My Chocolate and the My Chocolate device are registered trademarks of My Chocolate Limited.