1. Introduction

Welcome to the “Maley’s Website (the “Site”). Maley’s provides this Site as a service to its customers. Please review the following Terms and Conditions that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Maley’s may revise this Agreement at any time. You may wish to visit this page periodically for revised terms of use.

  1. Colours, Specifications, Dimensions and Descriptions of Products

We have made every effort to display the colours, specifications, dimensions and descriptions of items on the Site as accurately as possible. The colours you will see will depend upon the resolution of your monitor. We cannot guarantee that your monitor’s display of any colour will always reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications, descriptions and quantities of items displayed on our Site without prior notice.

  1. Allergens

3.1 All of our products are packaged in a production kitchen which handles nuts, milk, soya, eggs, gluten, wheat and barley.

3.2 Whilst some products may be marked flourless (i.e. there is no flour in the recipe), they should not be considered gluten-free as they are prepared in a production kitchen which handles flour.

  1. Prices

4.1 The price that we charge for our products will be the price stated on the Site. Prices are inclusive of any applicable VAT.

4.2 You will be required to pay for any delivery charges specified during the order process.

4.3 If you are a subscription customer, the price for certain products and services may differ from the price when first ordered. Prices for all subscription products shall be as stated on our Site. We recommend that you check the Site regularly.

  1. Ordering & Payment

6.1 When completing an online order, you are responsible for the accuracy and completeness of the information you provide.

5.2 We must receive payment for the products before your order can be accepted.

5.3 To process your order, we require details of a valid credit or debit card. Your card will automatically be charged for products ordered plus any delivery charge.

5.4 The personal and payment details you provide are governed by a strict Privacy Policy.

  1. The Contract

Once payment has been received, we will confirm your order by sending an email to the email address you have provided. Our acceptance of your order brings into existence a legally binding contract between us. You cannot then withdraw or cancel your order except as stated under clause 7.

  1. Cancellation and Modification of Online Orders

7.1 The right of withdrawal of 8 days does not apply to perishable food items such as boxed chocolates, chocolate wedding favours, cakes and patisserie.

7.2 Cancellation or modification of orders may be accepted up until when the product is passed to the carrier.

7.3 We reserve the right to cancel the contract between us if: (a) we have insufficient stock to deliver the products you have ordered; (b) we do not deliver to your area; or if (c) one or more of the products you ordered was listed at an incorrect price due to a typographical error.

7.4 In the event of cancellation, we will notify you by email or telephone and re-credit to your account any sums deducted by us.

  1. Cancellation and Modification of Class Bookings

8.1 Maley’s reserves the right to cancel or change a course. In these circumstances, Maley’s will offer an alternative course date and offer the participant either a transfer to this date or an alternative course. If neither option is suitable, a full refund will be re-credited to your account. Maley’s is not liable for any travel or accommodation expenses incurred due to a course being cancelled or re-arranged.

8.2 Maley’s is unable to offer any refunds should you decide to cancel or are unable to attend your course. It is advised that students arrange adequate insurance to cover unforeseen events such as adverse weather, illness or cancellation of a course for which travel and accommodation costs have been incurred.

8.4 Students who are unable to attend may transfer to another course if Maley’s is able to re-sell their place to another student. This transfer is solely at the discretion of Maley’s.

  1. Delivery and Collection

9.1 For products delivered by post, we will deliver to the delivery address you provide at the time you order. Please ensure that this information is complete and correct as any charges related to forwarding or reshipping the package to another recipient or to a different delivery address will be your responsibility.

9.2 For products due for collection (Edible Bouquets), we will hold your order for 8 hours from the stated collection time. A failure to collect cakes and patisserie items within this 8 hour period will result in disposal of the product concerned.

9.3 We shall have no liability to you for any damage to products or impact on delivery that is caused by an event that is beyond our reasonable control.

9.4 You become the owner of the bought product upon; (a) its collection from Maley’s or (b) its delivery to your stated delivery address.

9.5 We do not accept liability in the event that your delivery is stolen or damaged whilst on your doorstep.

9.6 You agree to inspect: (a) perishable products upon collection / delivery and to notify us by email of any defects within 48 hours; (b) equipment upon delivery and to notify us by email of any defects within seven days. Claims made outwith this period will not be accepted.

  1. Returns

10.1 For items which do not have a manufacturer’s warranty, returns should be made within 30 days.

10.2 For items with a valid manufacturer’s warranty, returns can be made up until the date of expiry of warranty.

10.3 In the event that you wish to return a product, please include details of the order number; an accurate note of any defects (if applicable) and the returned item.

10.4 Any returns should be addressed to: Returns Department, Maleys’ Chocolate, 46a Graham’s Road, Falkirk, FK1 1HR.

10.5 All returns will be assessed by our Returns Department. Should a claim be successful, we shall refund any reasonable postal costs associated with the return of the product and honour our liability as outlined in (sub-clause 11.2).

  1. Liability

11.1 Whilst we try to ensure that material included on the Site is correct, we cannot accept responsibility for any inaccuracies that may arise. Without prejudice to your statutory rights, we may correct any inaccuracies and we will not be responsible for any such inaccuracies for the results obtained from the use of such information or for any technical problems you may experience with the Site.

11.2 If the products you have ordered do not arrive, or if we deliver incorrect or damaged products, we shall have no liability to you other than to: (a) make good any non-delivery; (b) replace any shortage; (c) replace products that are damaged or defective; or to (d) refund to you the amount paid for the products in question.

11.3 Sub-clause 11.2 does not apply to faults or defects which been caused by your misuse or neglect of the products or by accidents caused while the products are in your possession.

12.4 Save as precluded by law, Maley’s will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question.

11.5 Maley’s, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.

11.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our Site. The importation or exportation of certain products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.

11.7 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

  1. Resale

You are not permitted to resell any of our products.

  1. Intellectual Property

Unless otherwise noted, all materials, including images, illustrations, designs, recipes, tips & tricks, photographs, streaming and video content and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Maley’s Chocolate. The Site content is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Cocoa Black. This Site and all its Contents are intended for commercial use. You may only download or copy the Contents and other downloadable materials displayed on the Site for personal use only. No right, title or interest in any downloaded/copied materials or software is transferred to you as a result of any such activity. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derived works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.

  1. Governing Law

The contract between us shall be governed by and construed in accordance with the laws of Scotland. The Scottish courts will have jurisdiction over any disputes arising between us.

  1. Invalidity

If any provision of these Terms and Conditions is found to be invalid by any court having appropriate jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect.

  1. Third Parties

The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.)

  1. User Feedback Policy and Other Submissions

All comments, suggestions, ideas, and other submissions disclosed, submitted or offered to Maley’s on or via this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) are property of Maley’s. Communication, submission or offering of any Comments shall constitute an assignment to Maley’s of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus Maley’s will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Maley’s is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay to user any compensation for any Comments; or (c) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

  1. Links to Third Party Websites

This Site may contain links to other websites not controlled by Maley’s. Maley’s has no responsibility for the linked websites nor does it necessarily endorse any linked websites. Maley’s provides links solely for the convenience and information of its Site users.

  1. Disclaimer

Maley’s provides the materials on this site ‘as is’ without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Maley’s disclaims any duty to update or revise the materials on this site, although Maley’s may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You agree to defend, indemnify and hold Maley’s harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site.

  1. Entire Agreement

These Terms and Conditions, together with our current Site prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any person 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 products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.