Terms and conditions
- Terms of Sale and Returns
1. Terms of Sale
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Mococu Ltd. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
1.3 Order Process
The advertising of products on our website constitutes an “invitation to treat”. Your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add any of the products you wish to purchase to your shopping basket, and then proceed to the checkout; (ii) if you are a new or returning customer, you will be invited to enter your billing and delivery details, at which point you will have the option of creating an account with us; if you are an account customer, you can login via your account page (iii) you will be asked to select your preferred method of delivery and confirm your order and your consent to these terms and conditions (iv) you will be prompted to pay using one of the following payment methods: PayPal, Visa, MasterCard, Maestro. Your chosen payment method will handle your payment; (v) we will then send you an initial acknowledgement.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
1.4 The Products
mococu Chocolate Boxes, mococu Body Paint, mococu Massage Butter, mococu Dipping Sauce and Blindfold
We make all reasonable efforts to ensure that all descriptions and graphical representations of products available from us correspond to the actual products. Please note, however, the following:
Images of Goods are for illustrative purposes only. There may be slight variations in colour and presentation between the image of a product and the actual product sold due to differences in computer displays and lighting conditions. Each of the chocolates is hand-made and hand-decorated therefore the layout of decorations may vary.
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of products may vary.
All Goods are made in the same environment as nuts so we cannot guarantee they are free from nut traces.
1.5 Availability, Price and Payment
We neither represent nor warrant that Goods will be available.
Prices for products are quoted on our website. It is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made using the methods detailed on the website.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
1.6 Your Warranties
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale
- the information provided in your order is accurate and complete
- you will be able to accept delivery of the products.
1.7 Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation.
1.8 Risk and ownership
The risk in the Goods shall remain with us until they come into your physical possession.
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
- delivery of the products; and
- receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee.
We will be entitled to recover payment for the products even where ownership has not passed to you.
1.9 Returns – Cancelling and returning goods if you change your mind
You may cancel a contract to purchase a product or products at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below).
- You will not have any such right insofar as a contract relates to:
- the supply of any products which have been opened, unwrapped, touched or in any way used by you;
- the supply of goods made to your specifications or clearly personalised; or
- the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
1.10 Returns – Faulty, damaged or incorrect products
If any product or products you have purchased have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
Beginning on the day that you receive the products you have a 30 Calendar Day right to reject the products and to receive a full refund if they do not conform as stated above. Alternatively, you may request replacement products. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund.
Please note that you will not be eligible to claim under this Clause 10 if we informed you of the issue with the products before your purchase of the them (and it is because of the same issue that you now wish to return them). Please also note that you may not return products to us under this Clause 10 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return products for this reason. Please refer to Clause 9 for more details.
Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the products were originally purchased.
1.11 Consumers’ Statutory Rights
Nothing in these terms of sale affects any statutory rights you may have as a consumer.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
1.12 Force Majeure
In this Section and Section 15 below, “force majeure event” means:any event which is beyond our reasonable control
- the unavailability of raw materials, components or products; and/or
- power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event. If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force majeure event.
1.13 Limitations of Liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this:
- we will not be liable for any losses arising out of a force majeure event;
- we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer’s or our instructions or recommendations, or any alteration carried out by you or any third party.
1.14 Contract Cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
1.15 Consequences of cancellation
Upon the cancellation of a contract in accordance with Section 14:
- we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
- you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
- all the other provisions of these terms of sale will cease to have effect, except that Sections 1.8, 1.13, 1.15, 1.17 will survive termination and have effect indefinitely.
1.16 Scope of these Terms of Sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
1.17 General Terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 13: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
1.18 About Us
Our full name is Mococu Ltd.
Our registered office is 1 Glenside, Perranaworthal, Truro, Cornwall, TR3 &PA
Our principal trading address is Studio 5, Treglisson Rural Workshops, Wheal Alfred Rd, Hayle, Cornwall, TR27 5JT
The office number is 07967 293 892.
Our company registration number is 10513061
Our email address is email@example.com
Delivery costs are based on the weight of your order and the delivery address. To get a quote for delivery costs, add items to your shopping basket and click on the calculate shipping within the shopping basket.
We aim to deliver your chocolate products to you as quickly as possible but to keep postage costs down, we are unable to guarantee delivery times. If your order is of an urgent nature we can arrange to deliver via courier service but this may incur an additional cost, please contact us for details. Standard estimated delivery times are 3-5 working days but if your delivery address is a remote part of the UK such as the Highlands & Islands, including the Channel Islands, please add an extra day to our the UK delivery time.
We currently only deliver to the UK . Please contact us if you have any questions in this regard.
3. Feedback and complaints
We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with us, please email us at firstname.lastname@example.org and we will deal with your complaint accordingly.
4. Use of website
The term ‘Mococu’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user(s) or viewer(s) of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Whilst we endeavour to ensure that the information held on this website is correct, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may link to this webite, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
4.1 We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
4.2 All material on this website is provided for your information only and may not be construed as medical advice or instruction. No action or inaction should be taken based solely on the contents of this information; instead, you should consult appropriate health professionals on any matter relating to your health and well-being.
5.1 We may collect, store and use the following kinds of personal data:
- information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (including details of the order, your delivery and billing address and email address);
- information that you provide to us for the purpose of registering with us (including the delivery and billing address and email address);
- information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (email address and contact details);
- any other information that you choose to send to us.
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; We will use the persistent cookies to: enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
You can find out more about cookies here www.allaboutcookies.org
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.
5.3 Using your personal data
- administer the website;
- improve your browsing experience by personalising the website;
- enable your use of the services available on the website;
- send to you goods purchased via the website, and supply to you services purchased via the website;
- send statements and invoices to you, and collect payments from you;
- send you general (non-marketing) commercial communications;
- send you email notifications which you have specifically requested;
- send to you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
- provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
- deal with enquiries and complaints made by or about you relating to the website.
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
All our website financial transactions are handled through our payment services providers, Paypal and Sage Pay. You should only provide your personal information to Paypal or Sage Pay after reviewing their privacy policies available at:
We will share information with Paypal and Sage Pay only to the extent necessary for the purposes of processing payments you make via our website.
In addition, we may disclose information about you:
- to the extent that we are required to do so by law;
- in connection with any legal proceedings or prospective legal proceedings;
- in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
- to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
5.6 International Data Transfers
5.7 Security of Your Personal Data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
5.8 Policy Amendments
5.9 Your Rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
5.10 Third Party Websites
The website may from time to time contain links to other websites. We are not responsible for the privacy policies or practices of third party websites.
5.11 Updating Information
Please let us know if the personal information which we hold about you needs to be corrected or updated.