Website Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions ("Terms & Conditions") on which we supply any of the products ("Products") listed on our website www.thechocolatehouse.lk (the "Site") to you. Please read these Terms & Conditions carefully before ordering any Products from the Site. You should understand that by ordering any of the Products, you agree to be bound by these Terms & Conditions. You can print a copy of these Terms & Conditions from of your browser on the Site. Please also note that the use of the Site is subject to the terms contained in the Disclaimer document, which apply whether or not you order any Products from the Site.
1. Information about us
The Site is operated by Finah Niom Limited ("we" / "us"). We are registered in Republic of Ireland (ROI) under company number 555677 and with our registered office at 3 Whitworth Place, Dublin 3. The collection point in Colombo, Srilanka is located at 33/11, First Floor, Plaza Complex, Wellawatte.
2. How the contract is formed between you and us
2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "Make Payment" button on the "Checkout" page.
2.2 After placing an order, you will receive an e-mail (the "Order Confirmation") from us acknowledging that we have received your order and giving an order number and a summary of your order. 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 e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation") or an update in the order status within your account on the Site. The contract between us will only be formed when we send you the Dispatch Confirmation.
2.3 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.
2.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
2.5 We may be unable to process your order if:
3.1 We will deliver the Products to you in accordance with the delivery option specified by you when you placed your order (e.g. Courier or Collection in Store).
During a sale period or busy periods (e.g. Christmas) deliveries to a store may take longer than any time quoted.
3.2 We will usually deliver all Products comprised in your order in one delivery. We will deliver directly to the delivery address specified in your order unless you have selected ‘Collection’ as a delivery option, in which case the store selected will be the address for delivery. Please see Delivery Information for details of where we deliver and the available delivery options. We cannot deliver items within the same order to multiple addresses. Where possible deliveries will be made to your door, unless you have selected ‘Collection’. If you are not in to receive your delivery, the person delivering may leave your delivery with a neighbor. We are not responsible for any additional carrying or positioning of Products ordered. Registered Deliveries must be signed for at the delivery address.
3.2 Collection: If you choose to collect your order from a store using Collection, the available stores for collection will be listed when you select this delivery option. You will be notified by email when your order is ready for collection, please note that you will be unable to collect your order earlier than the date or time notified. You must bring your order number, the card used to pay for the order and a form of photo ID. To protect you against fraud, we will not be able to give you your order unless you provide these documents on collection. If someone else is collecting the Products for you, they must bring your order number and their photo ID. Whilst we make every effort to have your order ready for collection at the date and or time notified, we will not be liable if we fail to do so in part or in full for circumstances beyond our control. Your order will be available for collection at your chosen store for 10 calendar days, after which time it will be returned to us and your account refunded. It may take up to 30 days to process your refund after we have received the returned Products.
4. Risk and Ownership
4.1 Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4.2 Ownership of the Products will only pass to you on: delivery of the Products to you; or us receiving full payment of all sums due in respect of the Products, (including delivery charges) whichever is the later.
5. Price and Payment
5.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
5.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in Delivery Information.
5.3 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.
5.4 We cannot complete your order until you have paid for it in full. Payment can be made by most major credit and debit cards by completing the relevant details on the "Payment Details" page.
5.5 By using a credit/debit card to pay for your order, you confirm that the card/account being used is yours. All credit/debit card account holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
5.6 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 rectify any such errors as soon as possible once we become aware of them. If a Product's correct price is different from 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.
International Payment and Deliveries
5.7 We only accept payment in Rupees/Euros by credit or debit card.
5.8 If an exchange rate is applicable to your order your card provider will determine the rate of exchange and may add an administration charge which you will be liable to pay.
5.9 We are able to accept, MasterCard, Visa, Maestro, Delta, or American Express although we reserve the right to refuse to accept any of these cards from time to time without notice. We try hard to ensure that using your credit or debit card when you shop online is safe and secure. Our Secured SSL certificate is provided by Geo Trust.
5.10 When you have made your choice and your order has been placed, you will receive an order confirmation email acknowledging the details of your order. This email is not an acceptance of your order, just confirmation that we have received it.
5.11 The contract between us for the items you have ordered will only be formed when we email you to confirm that the items have been dispatched. The contract will therefore be formed in Srilanka/Ireland and the language of the contract will be English.
5.12 All refund payments will be paid to you in Rupees/Euros and will match the amount you paid in Rupees for the item(s) and delivery (if the delivery charge is refundable, i.e in case of before item dispatch). If an exchange rate is applicable to your order the amount you receive in your local currency will depend on the exchange rate applied by your credit or debit card provider when it receives our refund payment and may therefore be different from the price paid for the item(s) in your local currency. We will not be liable for any losses caused to you as a result of any currency fluctuations or exchange rates applied by your credit or debit card provider.
5.13 Due to customs, legal, regulatory and certain practical restrictions applicable to orders, we do not take any responsibility of additional charges for international orders that will be delivered by post.
6. Our cancellation, returns and refund policy
6.1 You may cancel your order (or any part of it) at any stage before the Products are dispatched to you, and up to 7 days afterwards. However, delivery charges are nonrefundable once the item is dispatched and item return charges are at the cost of the purchaser. Please refer to your ("Dispatch Confirmation") email for the Returns Procedure for online orders or by contacting our Customer Services team at firstname.lastname@example.org.
6.2 Where you decide to cancel an order after we have dispatched the Products, you will be under a duty to return them to us, at your own risk. All such Products should be returned within 7 days after the Products have been delivered to you. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging, by one of the means set out in our Returns Procedure. Chocolate that have melted and are not in a condition for resale will not be accepted.
6.3 After you cancel your order and return the Products, any sum debited by us to your credit/debit card will be refunded in full minus the delivery charges. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of receiving the order back from you.
6.4 If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure. If you have any questions regarding returns, please Contact us.
6.5 If you have reason to return a Product received using the Collection service, you must return the Product either by post in accordance with the Returns Procedure on the Dispatch Confirmation, or return it in person to one of our stores/Collection points or our Head Office, together with the original Product packaging. If you decide to use one of our stores/collection points to return the Product, the store will return that item on your behalf and if the Product is eligible for a refund, the refund will be processed in-store. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If you decide to return the Product by post or to our Head Office, the refund will usually be processed as soon as possible and, in any case, within 30 days of receiving the returned Product. If the Product you are returning is not faulty, e.g. you ordered an incorrect item, and you choose not to return the item via one of our stores, we are not responsible for the postage or delivery charges in connection with the return of the Product.
6.6 Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
7. Our liability
7.1 We accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
7.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under Srilankan/Irish law, be excluded.
7.3 Nothing in this section 7 or elsewhere in our Terms & Conditions affects your statutory legal rights.
Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.
9. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
10.1 If any of these Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.
10.2 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
10.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
10.4 You and we agree that Srilankan/Irish law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the Srilankan/Irish courts. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
11. Contact Us
If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to Contact Us.
These Terms & Conditions were last updated in March 2017.
Accessing the Site
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
We have a SSL secured certificate from Geo Trust and our payments are processed by Stripe.com and we take no responsibility of any misuse of credit card information or financial loss occurred while accessing our site and using the services that are provided to us by Geo Trust and Stripe .
Accuracy of Information
Links to this & other websites
We may from time to time provide links that will enable you to access the websites of third parties directly from the Site. Such third party sites are not under our control and, unless otherwise stated, we have no relationship with the third parties and no contribution is made by us to the content of such websites. When you click through to these sites you leave the area controlled by us, so we cannot therefore accept responsibility for any issues arising in connection with either the third parties' use of your data, the sites' content or the services offered to you by these sites.
We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on this Site. Without prejudice to that right, if you wish to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
Although we hope this Site will be of interest to users (and except to the extent that our Terms & Conditions apply), we accept no liability and offer no warranties or conditions in relation to this Site or its content, to the fullest extent such liability can be excluded by law.
If you are a consumer and not a business user, we shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable.
This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under Irish law, be excluded.
Finah Niom Limited is a company registered in Ireland. Our company number is 555677 and with our registered office at 3 Whitworth Place, Dublin 3. The Chocolate House Collection point in Colombo, Srilanka is at 33/11, First Floor, Plaza Complex, Wellawatte.