Terms and Conditions

Introduction

Welcome to maxwellschocolates.co.uk. This website is owned and operated by Maxwells Chocolates Ltd. By visiting our website and accessing the information, resources, products and services we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (which we shall refer to as the 'User Agreement').

Nothing in this User Agreement shall affect your statutory rights.

We reserve the right to change this User Agreement from time to time without notice. You should review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Warning

Some products sold on this website contain large quantities of nuts. All products sold on this website may contain traces of nuts.

Purchases

Orders (which are only accepted for delivery in the United Kingdom) can be placed on this website by following the simple steps outlined on the relevant pages of the site. Prices shown there are inclusive of VAT. Our delivery charges, if any, are shown to you during the order process and are also inclusive of VAT. We accept payment by the credit cards whose logos are shown on the site. Payment by credit card is required at the time of ordering. Any order you place on this website will not establish a contractual relationship between you and Maxwell Chocolates Ltd until confirmation is provided by Maxwell Chocolates Ltd that we have decided to accept the order. Such confirmation will normally be sent by email to the email address you provided to us at the time of ordering.

Orders received from this website will only be accepted by Maxwell Chocolates Ltd for delivery to addresses in the United Kingdom, excluding the Channel Islands. We shall deliver to the address you gave us when ordering and it is your responsibility when ordering to ensure that the address that you give us is correct. Deliveries are normally by DHL or by Royal Mail and should arrive within 3-5 days of your placing the order.

We reserve the right to cancel any order where a mistaken price has been shown on the website as a result of an error in data input.

All prices quoted are inclusive of VAT.

Returns

In the unlikely event that you wish to cancel your purchase you may do so by contacting us within seven working days following the date of delivery. We shall refund your money in full to the credit card used for payment, including any delivery charge we made. It will be your obligation to return the products to us at your expense. When you contact us to cancel the purchase we shall be happy to advise you of the best way to do this.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, products and services we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account or accounts.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and you may incur criminal or civil liability as a result.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any employees or representatives of Maxwells Chocolates Ltd.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, or inaccurate, or that we feel violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Maxwells Chocolates Ltd, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
i. You agree to indemnify and hold harmless Maxwells Chocolates Ltd its and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i. our Resources will meet your needs or requirements.
ii. the provision of our Resources will be uninterrupted, timely, secure or free from errors.
iii. the information obtained by using our Resources will be accurate or reliable, and
iv. any defects in the Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi. no information or advice, whether expressed, implied, oral or written, obtained by you from Maxwells Chocolates Ltd or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Nothing in this Section, or in any other part of this User Agreement, shall affect your statutory rights.

Limitation of Liability

You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Maxwells Chocolates Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, including any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Nothing in this Section, or in any other part of this User Agreement, shall affect your statutory rights.

Copyrights/Trademarks

All content and materials available on maxwellschocolates.co.uk, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Maxwells Chocolates Ltd or its affiliates, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to the appropriate authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Maxwells Chocolates Ltd. It is directed only to consumers in the United Kingdom, and sales will be made through it only to such consumers. The website itself can of course be accessed from most countries around the world. By accessing our website, you agree that the laws of England and Wales, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the courts of England and Wales. You hereby agree to the personal jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any part of these Terms is held to be unenforceable by any court of law it shall be considered as excised from this document but the remainder of the document will remain enforceable.

While Maxwells Chocolates Ltd expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, nothing in this user agreement shall affect your statutory rights, nor limit our liability for death arising from our negligence.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at our Registered Office:
Maxwells Chocolates Ltd
4 Edward Park
Grange Way
Colchester
Essex
United Kingdom