Terms & Conditions

It is The GroovyChocolate mission to deliver the best possible customer service at all times, we therefore adhere to and if possible exceed all of the current and proposed legislation and trade body guidelines.

GroovyChocolate's Service is operated by GroovyChocolate Limited (Registered Number SC285736), registered office, 25 Castle Terrace, Edinburgh EH2 1ER.

Ordering
No order is binding upon GroovyChocolate until accepted by us.

GroovyChocolate will make all reasonable efforts to supply the goods ordered by the customer whether to the customer directly or to the recipient requested by the customer and to make these deliveries within the timescale requested by the customer and agreed by GroovyChocolate Ltd. The customer is responsible for ensuring that any goods ordered are suitable for the customer's purposes and meet the customer's requirements. As the goods are tailored to the specific requirements of the customer, no cancellation or changes may be requested or refunds can be made once the order has been placed. Quantities may vary by up to plus or minus 10% as against order.

Products
Product and packaging are subject to change or substitution without prior notice.

Warranty
GroovyChocolate warrants to the customer that the goods supplied will comply substantially with the description given by GroovyChocolate and will be of satisfactory quality. This warranty represents GroovyChocolate’s entire warranty to the customer and to any recipient of the goods to the exclusion of all other warranties to the maximum extent permitted by law. The customer’s sole remedy for breach of this warranty shall be (at GroovyChocolate’s sole option) replacement of the goods or refund of any price paid by the customer in respect of the goods and GroovyChocolate shall incur no further liability (direct or indirect) in respect of the supply of the goods.

Payment
A pro-forma invoice / Order Confirmation form will be issued on receipt of order which will give a date by which payment must be received. This date may be prior to the production of your order. Payment in full must be made by this date to ensure your order is processed. Where credit terms are offered or agreed, a credit charge of 2.5% will be payable on all amounts not paid within 14 days of invoice and in addition interest will run from the date of invoice at the rate of 2.5% per month on all outstanding balances. All goods supplied, will remain the property of GroovyChocolate Limited until paid for in full.

Payment can be made by cheque, payable to GroovyChocolate Ltd, by credit/debit card (3% surcharge applies) or directly to our bank account – Royal Bank of Scotland, 72 Main Street, Carnwath, Lanarkshire ML11 8HH. Account 00148541, Sort code 83-17-02.

Delivery
Delivery costs, where appropriate, will be added to the cost of the goods. Delivery charges will be estimated at time of ordering and confirmed by invoice after delivery. GroovyChocolate will make all endeavours to meet requested delivery dates but cannot be held responsible for late deliveries caused by external couriers' failure to deliver on time or other factors outwith our direct control. In the event of late delivery all goods ordered must be paid for in full and no compensation is payable.

GroovyChocolate Images and Text
It is important that the customer obtains the permission of the owner of the copyright (and any other intellectual property rights anywhere in the world) for any wording or images before submitting them to GroovyChocolate. By submitting wording or images the customer is permitting

GroovyChocolate to use them in connection with the customer's order. GroovyChocolate reserves the right to refuse to use any wording or images supplied by a customer where, in GroovyChocolate's opinion, to do so would be illegal, immoral, in poor taste or would infringe the intellectual property rights of any person in any part of the world.

Where GroovyChocolate does use any wording or images provided by the customer then this shall be at the customer's risk. GroovyChocolate shall not be responsible for any loss, claim, cost or damage incurred by the customer (or any recipient of the goods) as a result of the inclusion of any wording or image on the goods at the request of the customer. In addition, the customer will indemnify GroovyChocolate against all and any loss, claim, cost or damage incurred by GroovyChocolate as a result of any wording or image on the goods at the request of the customer.

Colour Variations and Print Quality
Customers should be aware that GroovyChocolate are unable to guarantee exact colour matching of any image submitted to them. A wide number of printing methods are used depending on the product ordered and the material onto which the print is being applied will also have a significant effect on the quality and colour of print achieved. The limitations of print quality will, where possible, be pointed out to the customer at the time of ordering and the customer must accept the results within these limitations.

Copyright
All Web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on the GroovyChocolate Web site are copyright GroovyChocolate Limited and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED.

Trademarks and Patents
GroovyChocolate is a Registered Trademark and the process by which GroovyChocolate cards are manufactured is covered by UK Patent Application No. 0111644.1filed on 14 May 2001.

Force Majeure
GroovyChocolate shall not be liable to the customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of GroovyChocolate’s obligations in relation to the goods, where the delay or failure was due to any cause beyond GroovyChocolate’s reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond GroovyChocolate’s reasonable control: acts of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority; import or export regulations or embargoes; strikes, lockouts or other industrial actions or trade disputes (whether involving employees of GroovyChocolate or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; and power failure or breakdown in machinery.

Terms & Conditions Precedent
These Terms and Conditions form an essential part of the contract between GroovyChocolate Ltd and the Customer and shall take absolute precedence and priority over any terms and conditions contained within any purchase order supplied to GroovyChocolate Ltd the Customer irrespective of whether any such Purchase Order contains a similar claim to terms and conditions precedent to this clause.

Governing Law
These Terms and Conditions and any legal relationship between the Customer and/or the recipient of the goods and GroovyChocolate shall be governed by the law of Scotland and submitted to the exclusive jurisdiction of the Scottish Courts, but without prejudice to the right of GroovyChocolate to seek recovery of any sums due to it before any court of competent jurisdiction.