Terms and Conditions
These Terms and Conditions govern your use of the www.gerardmendis.com website. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use www.gerardmendis.com.
Use of the Site
The Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By accessing and/or using this site, you agree to be bound by and accept without limitation or qualification the following Terms and Conditions.
We may revise the terms and conditions statement without your notice, including product cost, delivery cost and delivery/ pick-up time slots.
Our Products & Delivery
Our goal at Gerard Mendis Chocolatier is to satisfy all our customers. We stand behind everything we make and guarantee that all of our products leave our facility in peak condition. Due to the perishable nature of our products, we are unable to provide refunds or exchanges for items that are not damaged or defective, or due to dissatisfaction with flavour. If you receive a damaged or defective item, please contact us at firstname.lastname@example.org within 24 hours so that we will be able to assist you further.
- Delivery of the items will be based on the availability of the item you have ordered and on the delivery location.
- Delivery period provided in our site will neither form a condition nor a warranty on the delivery period.
The content of the Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen/mobile, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the site without our written permission. No license is granted to you in these Terms and Conditions to use any of our trade mark(s).
You may not use the Site for any of the following purposes: disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice gaining unauthorized access to other computer systems interfering with any other person's use or enjoyment of the Site breaching any laws concerning the use of public telecommunications networks interfering or disrupting networks or web sites connected to the Site making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. We reserve the right to refuse to post material on the Site or to remove material already posted on the Site. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with: any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
Availability of the Site
Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the service will be fault free. If a fault occurs in the service, you should report it by email at email@example.com. We will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Site may be monitored by us or our nominees.
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 “View Cart” button on the 'Order Summary'. After placing an order, the customer will receive an e-mail from Gerardmendis.com acknowledging that the order has been received.
Please note that this does not mean Gerardmendis.com has accepted the order placed. Gerardmendis.com receives full right to inform and decline an order if: (a). the Product you ordered is out of stock or discontinued; or (b). there is a problem with authorization of the payment on your debit or credit card; (c) if any of the written terms and conditions are violated. A separate Dispatch Confirmation will be issued when the product is handed over to the courier service, along with the original copy of the invoice.
The Site is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The Site provides content from other Internet sites or resources and while we try to ensure that material included on the Site is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following: 1. incompatibility of the Site with any of your equipment, software or telecommunications links. 2. technical problems including errors or interruptions of the Site. 3. unsuitability, unreliability or inaccuracy of the Site. 4. inadequacy of the Site to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site. Nothing in this paragraph applies to our statutory liability in respect of products sold through the Site. Nothing in these Terms and Conditions shall exclude our liability for personal injury or death caused by its negligence. Our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order.
Our maximum liability is limited to the amount you paid less any costs incurred by gerardmendis.com on products already purchased.
Price and Payments
The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. These prices exclude delivery costs, which will be added to the total amount due once you have selected a delivery service. Gerardmendis.com offers a number of payment options ranging from credit/debit card payments, pick up and COD. In the case of Credit/Debit Card payments, you will receive an order confirmation and payment confirmation. In case of delivery you will be expected to settle the payment in full through the online payment portal of Gerardmendis.com website at the point of delivery. We cannot complete your order until you have paid for it in full. If you select the “Pick up” option, your order will be processed and the goods will be reserved to be picked up from the selected outlet of your choice, after a credit card payment. Orders not picked up within 24 hours will be cancelled. By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card 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. Your payments are going through a Secure Payment Site operated by WEBXPAY.
Cancellation of an Order
An order could be cancelled due to unavailability of the item, a wrong product being advertised or a wrong price being advertised.