Privacy Policy

Privacy Policy

Introduction

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your sensitive information and how we will deal with it. For the purposes of the Data Protection Act and the GDPR, sensitive information includes what is defined as your ‘personal data’.

By completing one of our surveys or by  visiting https://www.chocolateeha.com (the ‘Website’) you accept and consent to the practices described in this Privacy Policy.

In this Privacy Policy, we seek to abide by the letter and spirit of the guidelines laid out by the UK Information Commissioner’s Office in the document ‘Privacy Notes – Code of Practice’. 

Who We Are

More formally, we are Chocolateeha Ltd and our address is 54 Chipchase Mews, Newcastle Upon Tyne, Tyne and Wear, United Kingdom, NE3 5RH

For the purposes of the Data Protection Act 1998 (the ‘DPA’) and in-line with the forthcoming European Union General Data Protection Regulations (the ‘GDPR’) Chocolateeha is the Data Controller.  

Our Data Protection Officer (‘DPO’) is Wajeeha Akthar Husain and you can contact them via email at info@chocolateeha.com.

If you have any concerns about the way we use your information or any questions about this Privacy Policy, please let us know.  We can be contacted via email at info@chocolateeha.com, or you can write to us at the address above. 

What we do with your information

We will use your information to:

  • Deliver our services to you;
  • Improve our service continually, along with our Website and user experience.

We compile statistics about user trends on our Website, which are used by third party organisations to understand how users interact with businesses, brands, and one another online and to advise about these things. These statistics are drawn from a dataset which does not contain any information from which you can be identified.

Should you indicate you are happy for us to do so, we will share your personal data with our commercial partners to allow them to contact you or deliver their own services to you. Just to make it clear, we will never share your personal data unless you give us your express consent for us to do so.   

Information we collect from you

We will collect and process the following information about you:

Information you give us – This is information about you that you give us by filling in your details when you register to hold an account on our website to purchase your goods, such as your Full Name and Postal Address. 

Information we collect about you Whenever you visit our site we will automatically collect the following information:

technical information – including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

information about your visit – this includes the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), pages you have visited, page response times, download errors, length of visits to certain page and page interaction information (such as scrolling, clicks, and mouse-overs).

Information we receive from other sources – This is information we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Where we hold and what we do with your information 

The information and content held on our Website is deployed geographically to maximise user experience. All information that could identify individuals within the European Union is stored exclusively within the European Union.  We will never share your user information with third parties for promotional purposes. 

We hold our data on 123-reg.co.uk who are contracted by us for the provision of technical services. We remain responsible at all times for the security of your information, but if you want to know more about how we interact with 123-reg.co.uk, you can view their Privacy Policy, amongst their other policies, here

What we do to ensure the security of your personal information

We take the security of your personal data very seriously. Our approach to information security is constantly evolving and continually reviewed.

We have adopted industry best practices from both technological and business process perspectives in order to make the security of your data a key part of the way we do business.

We have policies and practices in place that not only ensure our compliance under the DPA but also the GDPR, including training and adequate procedures put in place for any staff that handle or have access to sensitive information.

Your rights regarding your personal information 

We may contact you via email with updates about the services that we offer or any changes that we have made to our Website.

You can opt in or out at any time by clicking the ‘Unsubscribe’ link in our emails.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which our service may be advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we are not responsible or liable for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

Access to Information

You have the right to find out about what information we hold about you. You can exercise that right by contacting us and we will send you any request for information in a suitable electronic form within 20 working days.  Please contact us at info@chocolateeha.com.

You also have the right ‘to be forgotten’ and to have your information permanently deleted from our systems.  Again, if you would like to exercise this right then please contact us at info@chocolateeha.com.

There will be no charge made for electronic access to your information or for your right to be forgotten from our systems.

Changes to this Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you when you next log onto our Website. The new terms may be displayed on-screen and you will be required to read and accept them to continue your use of our services.

Our Cookie Policy

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our site.  By continuing to browse the Website, you agree to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

As part of our overall approach to privacy and transparency, this section describes what cookies are in the context of our web and mobile interfaces, and what their use means to you. At the end, we’ve included some links to help you research cookies and their impact, and how you can use your web browser to control the way it manages cookies.

We use the following types of cookies:

  • Strictly necessary cookies – these are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services. 
  • Analytical/performance cookies – these allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. 
  • Functionality cookies – these are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies – these cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose but this will be contain no information capable of identifying you personally.

You can find more information about the individual cookies we use and the purposes for which we use below:

Google Analytics

We use Google Analytics to understand general trends about our content and traffic sources; for example, where users come from, which pages are most popular, which sites provide most traffic, how our marketing efforts impact the amount of visits we receive. 

Google’s statement about privacy can be found here.

Twitter button

The Twitter button allows our users to share our platform and services with their followers more easily.

Twitter privacy policy states they use cookies “to collect additional Website usage data and to improve our Services” – You can read the policy in full here.

Facebook Button

We use Facebook button to allow you to share out platform with your friends and other Facebook users.

Facebook’s statement about privacy relating their Connect feature is here and also here.

Instagram Button 

We use an Instagram button which allows you to share our platform and services with their followers. 

Instagram’s privacy policy can be found here.

Consent

In line with the latest advice from the Information Commissioner’s Office, we interpret your continued use of our platform as consent for us to use cookies to capture data about how you interact with our services, and those of other services we use.

More information about cookies

Links which provide more information about cookies:

http://www.allaboutcookies.org/

http://www.aboutcookies.org/default.aspx

Link explaining how to switch off cookies in various browsers:

http://www.aboutcookies.org/Default.aspx?page=1

Contact the Information Commissioner if there is a problem

If you consider we have not addressed your problem, you can contact the UK Information Commissioner’s Office for assistance. Further information can be found via https://ico.org.uk/for-the-public/raising-concerns

Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website at https://www.chocolateeha.com (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. 

You should print a copy of these terms and conditions for future reference.

  1. Information about us

https://www.chocolateeha.com/ is a site operated by Chocolateeha Ltd (us/we).  Our business address is 54 Chipchase Mews, Newcastle upon Tyne, Tyne and Wear, NE3 5RH. 

  1. Service availability

Our site is intended for use by people resident in the United Kingdom.  If you use our site from other jurisdictions, please note that you may be liable to pay additional shipping costs and import duties.  All Products listed on the site are lawfully for sale in the United Kingdom but you should check on the legality of Products in which you are interested in your own jurisdiction before you order them.  Please see clause 12 below for more on this.

  1. Your status
    1. By placing an order through our site, you warrant that:
      1. You are legally capable of entering into binding contracts; 
      2. You are at least 18 years old; and
      3. You are purchasing Products for private and domestic use and not for resale in the course of a business.
    2. In order to purchase Products from us, you must: 
      1. provide us with all the information that we require, such as your full name, phone number, email address, billing and delivery addresses and any other information that we way request from time to time.
      2. have a valid credit or debit card issued by a bank that we accept.
  1. How the contract is formed between you and us
    1. After placing an order, you will receive an email from us acknowledging that we have received your order (the Order Receipt).  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation).  The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.  
    2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
    3. In the event that prior to the Dispatch Confirmation, we find that we are unable to satisfy your order for any reason (such as falling levels of stock) we will attempt to make contact with you in order to offer you any available alternatives.
    4. We do try to make sure that all information on the site is correct all the time but sometimes mistakes are made.  In the event of clear error please see clause 9 below, but note for now that we reserve the right to cancel your order even after sending you the Dispatch Confirmation, right the way up to the point at which you accept delivery.
    5. Where we have the Products in stock, we will take payment from you immediately.  However, from time to time we may provide you with the opportunity to place an advance order on Products that we have yet to receive into stock.  In these circumstances, we may offer you the chance to pay a deposit in order to secure your order.  Once we receive the Product in question, we will check it for quality purposes and if we are satisfied, we will take the balance due and issue the Dispatch Confirmation.
    6. Products displayed on the site are shown in full colour, but computer monitors and screens vary so we cannot guarantee that the colour you see on screen will exactly match the colour of the Product in question.
  2. Our Status

We may provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  

  1. Consumer Rights
    1. If you are contracting as a consumer, you have the right to change your mind about an item within 14 days, beginning on the day after you received the Products. Please note, this right does not extend to perishable items, such as chocolate.  When returning non-perishable products within this 14 day period, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).  
    2. To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
    3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.
  1. Availability and Delivery
    1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.  For more information, please see our Delivery & Returns Policy.
    2. Faulty Products will be exchanged or refunded within 30 days of purchase but only where we are satisfied, on inspection, that the Product in question is faulty and that the fault has not arisen out of normal wear and tear.  Damaged or soiled Products will not be accepted as returns under any circumstances.
    3. We will refund shipping costs where the cause of the return is our fault, e.g. the Product is faulty or is not what you ordered. If you do not make use of our Delivery & Returns Policy when returning purchases to us, you will have to pay for the shipping of the Products yourself, though we are happy to accept returns that comply with these Terms and our Delivery & Returns Policy however they get to us.
  2. Risk and title
    1. The Products will be at your risk from the precise time you sign for delivery or someone else does this on your behalf.
    2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, or at the precise time you sign for delivery (or someone else does this on your behalf), whichever is the latter.
  3. Price and payment
    1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.  
    2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery & Returns Policy.  
    3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
    4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or, if this information comes to light after we have taken payment, we will refund the difference to the card that you have used for payment.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 
    5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    6. Payment for all Products may be made by credit or debit card, as well as PayPal, through the site. Your credit or debit card will be charged immediately.  In the event of payment by cheque or postal order, your order will be prepared immediately and held at our warehouse pending clearance of the payment. 
  4. Our refunds policy
    1. When you return a Product to us:
      1. because you have cancelled the Contract between us within the 14 day cooling-off period in relation to a non-perishable item (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the delivery cost of sending the item to you; or 
      2. for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time.  We will process the refund due to you as soon as possible and, in any case, usually within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.  
    2. We will refund any money received from you using the same method originally used by you to pay for your purchase.
  5. Our liability
    1. We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.  
    2. OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREAKING THIS AGREEMENT IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT YOU PURCHASED AND ANY LOSSES WHICH ARE FORESEEABLE AS A CONSEQUENCE OF US BREAKING THE AGREEMENT. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY BOTH YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED BY US. 
    3. This does not include or limit in any way our liability:
      1. For death or personal injury caused by our negligence;
      2. Under section 2(3) of the Consumer Protection Act 1987 (or any successor legislation that replaces this); 
      3. For fraud or fraudulent misrepresentation; or
      4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    4. WE ARE NOT RESPONSIBLE FOR INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE (SUCH AS LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME) HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF SUCH INDIRECT DAMAGE IS FORESEEABLE.
  6. Import Duty
    1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact the local customs office in the jurisdiction within which delivery is to take place for further information before placing your order.
    2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined and it is your responsibility to make yourself aware of such laws and regulations.  We will not be liable for any breach by you of any such laws.
  7. Written Communications

The law requires 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 site.  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.

  1. Notices

All notices given by you to us must be addressed to Chocolateeha Ltd and must be delivered to orders@chocolateeha.com or 54 Chipchase Mews, Newcastle upon Tyne, Tyne and Wear, NE3 5RH. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

  1. Transfer of rights and obligations
    1. The Contract between you and us is binding on you and us and on our respective successors and assigns.  
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.  
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  1. Events Outside Our Control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).  
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. Strikes, lock-outs or other industrial action.
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      5. Impossibility of the use of public or private telecommunications networks.
      6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  2. Waiver
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
  3. Severability

If any of these terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. Entire Agreement
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We (that is, you and us) each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    3. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
  1. Our Right to Vary These Terms and Conditions
    1. We have the right to revise and amend these terms and conditions from time to time to reflect (without limitation) changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.  
    2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
  2. Law and jurisdiction

Contracts for the purchase of Products through our site will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.