Terms of service

Introduction

  • These terms and conditions (and the other documents referred to in here) govern the relationship between you and Timberhill Bakery Ltd t/a Darkroom Chocolate when you order any products (“Products”) listed on our website at www.darkroomchocolate.com (“Website”). These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website.
  • Any reference to “you” or "your", means you as a customer of our Products and/or as a user of our Website. Any reference to “We”, “Us”, “Our” or "Darkroom Chocolate" or “darkroomchocolate.com” is to Timberhill Bakery Ltd t/a Darkroom Chocolate
  • Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be legally bound by these terms and conditions.
  • We will not file or store a copy of these terms and conditions for each transaction made via the Website. You should print a copy of these terms and conditions for future reference.

1.  Information about us

1.  We are Timberhill Bakery Ltd, trading as Darkroom Chocolate, a company registered in England and Wales under company number 5752685 and with our registered office at 27 Old Gloucester Street, London, WC1N 3AX and our Website is operated by Shopify.

2.  Our site is only intended for use by people residing in England, Wales and Scotland (with limitations to Highlands & Offshore Islands) (Serviced Countries). Unfortunately, we cannot accept orders from individuals outside of these territories via the website.  Please contact us via hey@darkroomchocolate.com for further help or questions.

    2.  Your status

    1.  By placing an order through our Website, you confirm that:

      • you are legally capable of entering into binding contracts; and
      • you are at least 18 years old.
      • you are resident in one of the Serviced Countries; and
      • you are accessing our site from that country.

      3.  Our Products

      1.  The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as computers and other devices can display colours differently and natural ingredients do vary in colour and size.

      2.  Any weights and portioned sizes of the Products are approximations only unless we state otherwise.

      3.  Whilst we will provide general advice, recipes and instructions relating to our Products, any advice, recipes and instructions provided by Darkroom Chocolate relating to our Products have been produced in order to help you in using the Products and to give guidance. These are provided for general information only.  We accept no liability for any loss, damage or injury arising as a result of the advice, recipes or instructions provided to you on our Website or in conjunction with any of our Products.

      4.  You are responsible for opening and inspecting the Products upon delivery and then storing them correctly. You are also completely responsible for the use of our Products.  We accept no liability for any loss, damage or injury arising as a result of your incorrect storage or use of our Products.

      5.  If you have an allergy, you are responsible for checking our allergen information and Website to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us at hey@darkroomchocolate.com or on 01692 648 917 before placing your order.  Allergen advice will be included in your delivery with our Products.  All Products are produced and packed in a facility that directly handles gluten and nuts. 

      6.  If we are unable to supply you with a Product, for example because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

      4.  How the Contract is formed between you and us

      1.  Please take time to read and check your order at each page of the order process. After placing an order for our Products, you will receive an email from us acknowledging that we have received 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 email that confirms that the Product has been dispatched (“Dispatch Confirmation”).  The contract between us for the purchase of our Products (“Contract”) will only be formed when we send you the Dispatch Confirmation.  We are not under any obligation to accept an order from you.

      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.

      5.  Your consumer right of return and refund

      1.  As our Products contain perishable products, you are not entitled to the “normal” right to return goods within 14 days after the day you receive them, simply if you change your mind.

      2.  Right of return and refund if the Product is defective or not as described: Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. You have legal rights in relation to Products that are defective or not as described.  If the Products we deliver to you are defective or are not as described on our Website, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within 24 hours from delivery of the Products and we ask that you send us a photograph as evidence of the defective or misdescribed Product - this will assist in processing your refund quickly).

      3.  We will either ask you to return to us or dispose of such Product and if we agree that it is defective or misdescribed (acting reasonably) we will offer you the choice of either an exchange or a refund of the price of the Product in full.

      4.  We will refund you within 14 days after the day on which (whichever is the earlier of):

      • the day we receive the Product back from you;
      • the day on which you provide us with acceptable evidence that you have sent the Product back to us; or
      • the day on which you provide us with acceptable evidence that the Product is defective or misdescribed and we have agreed for you to dispose of the Product.

      5.  We try our best to ensure that our Products are perfect 100% of time, but we are sure you will agree that this is not always possible. In the event of a minor error we reserve the right to use our discretion as to whether a full refund is applicable or not.  We will act reasonably and may offer you a partial refund or a discount against a future order.

      6.  We will refund you by the method used by you to pay.

      7.  How to contact us: If you need to contact us for any of the reasons set out above, you just need to let us know within the applicable timeframe. The easiest way to do this is by email.  Please email us at hey@darkroomchocolate.com, or call us on 01692 648 917.  If you are emailing us or writing to us please include details of your order to help us to identify it (and photographic evidence if applicable). 

      6.  Price and payment

      1.  The price of the Products and any delivery charges will be as quoted on our Website from time to time, except in cases of obvious error. Product prices include VAT where applicable.

      2.  Product prices and any delivery charges 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.

      3.  Payment for all Products must be by credit or debit card and we require payment before we dispatch the Products. We use Shopify payment services to carry out and process your payments.

      7.  Discount codes

      1.  You may use a discount code if it has been issued or authorised by us for our Products. You are only able to use them once per household.

      2.  Discount codes may only be applied to future orders and cannot be exchanged or refunded for cash. Please check if there are time limits to the discount codes as you may only have a limited period to use them. 

      3.  We reserve the right to cancel discount codes at any time. We also reserve the right to reject discount codes and gift cards if we suspect any fraud.

      8.  Warranty (our promises)

      1.  We promise to you that any Product purchased from us through our Website will conform in all material respects with its description, be of satisfactory quality, be reasonably fit for all the purposes for which products of that kind are commonly supplied at the time of delivery.

      2.  The Products we sell have been designed and prepared to comply with the statutory legal requirements and relevant health and safety standards of the United Kingdom. We can therefore make no representation or warranty that any Product is compliant with health, safety or other legal requirements which apply outside the United Kingdom.

      9.  Our liability

      1.  If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence, or it was contemplated by you and Us when the Contract between you and Us was created.

      2.  We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      3.  You will be responsible for the storage of Products in accordance with storage instructions from the time of delivery, including any instructions in relation to the appropriate temperature for keeping the Products. All indications of dates of durability are subject to you keeping the Products in accordance with such instructions and We shall have no liability to you for any deterioration of the Products or any associated loss or damage in these circumstances.

      4.  While We try Our best to ensure the information We provide on Our Website is correct and complete, please be aware that minor deviations and variations may occur due to products being handcrafted and in the event of substitutions made.  We make no warranty that the Website will meet your requirements or will be uninterrupted and error-free, or that it will be free of viruses.  We recommend that you use anti-virus software for your own protection.

      5.  We do not in any way exclude or limit Our liability where it would be unlawful to do so. This includes any liability for:

      • death or personal injury caused by Our negligence;
      • fraud or fraudulent representation or for any other liability which cannot be limited by law

      6.  As a consumer in the UK, you will always have legal rights (including statutory remedies) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies) in relation to services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described.  Nothing in these Terms will affect these legal rights.

      7.  Advice about your legal rights (including statutory remedies) in the UK are available from your local Citizens' Advice Bureau or Trading Standards office.

      10.  Privacy policy

      1.  We take care to handle your personal data in accordance with applicable law. Please see our privacy and cookies policy for more information.

      11.  Written communications

      1.  Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, 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 Website.  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.

      12.  Notices

      1.  All notices given by you to us must be given to Darkroom Chocolate at hey@darkroomchocolate.com.  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 condition 12 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.

      13.  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 an Event Outside Our Control.

      2.  An "Event Outside Our Control" means any act, event or circumstance beyond Our, or Our suppliers’ of sub-contractors’, reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, any act of God, war (whether declared or not) or threat or preparation for war, fire, explosion, any abnormal, extreme or unusual weather conditions (including any storm, flood, or earthquake), subsidence, outbreak of illness, disease or virus (whether or not declared as an epidemic or pandemic and including without limitation Covid-19), or other natural disaster, any Acts of Parliament and/or governmental or regulatory authority action, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, whether or not foreseeable at the date of the Contract.

      3.  If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:

      • (a) We will contact you as soon as reasonably possible to notify you; and
      • (b) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.

      4.  If an Event Outside Our Control causes a delay of more than 30 days of the performance of Our obligations under a Contract, then you will have the option to cancel the Contract.

        5.  Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control has ended.

          14.  Intellectual Property Rights

          1.  Our Website, its content and the Products displayed belong to Darkroom Chocolate and are protected by intellectual property rights. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in Our Products or the content on Our Website shall remain at all times vested in Darkroom Chocolate.

          2.  You agree to use Our Website lawfully and to not copy, reproduce, republish, redistribute, transmit or commercially exploit anything on Our Website in breach of Our intellectual property rights.

          15.  Other Important Terms

          1.  We may transfer Our rights and obligations under a Contract to another organisation, but only in circumstances where We can ensure that this will not affect your rights or Our obligations under these Terms.

          2.  You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

          3. The Contract is between you and Us. No other person shall have any rights to enforce any of its terms.

          4.  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

          5.  If We fail to insist that you perform any of your obligations under these Terms or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default or breach of these Terms by you, We will only do so in writing, and that will not mean that We will automatically waive any later default or breach by you.
           
          6.  These Terms are governed by the laws of England and Wales. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and We both agree that for any disputes between you and Darkroom Chocolate in relation to these Terms and the Contract between you and Us, the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Scotland, you may also bring proceedings in Scotland.
           
          7.  These Terms, and the documents referred to in them, govern Our relationship with you and no other terms or agreements apply. Your legal rights are not affected by these Terms.

            16. Our right to vary these terms and conditions

            1.  We may change these Terms, and/or any of the documents or policies referred to in these Terms, from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products We may offer. Changes will only apply to any subsequent orders you make on the Website.

            2.  It is your responsibility to check these Terms regularly for changes. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at the time. If you do not agree to any changes made to the Terms, you must stop using Our Website. The Terms currently displayed on Our Website were last updated in July 2023.