Terms and Conditions
Terms and Conditions of sale for Momentum Store
- THESE TERMS
1.1. These are the terms and conditions on which we supply goods to you.
1.2. Please read these terms carefully before you submit your order to us.
- “You” and “your” means the person ordering goods from Momentum, who must be over 18 years of age.
- “Momentum” or “we” or “us” or “our” means MOMENTUM CHOCOLATE, a company registered in Belgium. Our registered office is at Sterstraat 25A, 2018 Antwerpen, Belgium.
- “Account” means your details and shopping history which is created when you register to shop through our website.
- “Deliver” means us delivering the goods that you order to the address stated in your order (and that address must be within the UK (“our delivery area”)) and “delivery” and
- “delivered” shall be interpreted accordingly.
- “Let us know” means to call our Customer Services on +324 8350 5131. You may also write to us at email@example.com or Sterstraat 25A, 2018 Antwerpen, Belgium.
“Site” or “website” means www.momentumchocolates.com.
- BECOMING A CUSTOMER
3.1. To place an order on our site you must be over 18 years of age, require delivery in our delivery area and have a credit or debit card acceptable to us in your name.
3.2. When you register you will be asked to create a username and password. You must treat your username and password as confidential and must not disclose it to any third party. You will be responsible for all activities and orders made under your password and username. If you think that someone else may either know or be using your username and password, please contact us immediately.
3.3. We reserve the right to decline a new customer registration or to suspend or disable your Account at any time and at our sole discretion.
- OUR CONTRACT
4.1. Our site invites you to buy goods from us. Once you have placed an order on the site we will send you an order acknowledgement by email setting out what you have ordered and the price of your order. This is not an order confirmation or acceptance from us. A legally binding contract with you will only arise once we have completed delivery of the goods to you. At this time, you become the owner of the goods.
4.2. These terms regulate the supply of goods to you by us. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.
5.1. The price of the goods you order will be the price on the site at the time you place your order or amend your order. If a new price or promotion is in place after you have placed your order for example, a multi-buy offer or price reduction which may be advertised on the packaging of goods you have ordered, these prices and promotions will not be applied to your order.
5.2. We give you the choice of ordering certain items either by weight or by quantity. As it is difficult to select loose items such as these to an exact weight, if you order these items by weight we’ll charge you for the actual weight picked – and we always try and get as near as possible to the weight you ordered. Loose items are priced by weight in store, meaning that if you order by quantity and the items picked in store have a higher than average weight, you may be charged more than the guide price given online at time of order. If the items in store have a lower than average weight, you may be charged less than the guide price given online at time of order.
5.3. In addition to the price, a delivery charge will also be payable by you. We charge for the delivery according to charges set out in our Shipping & delivery page.
6.1. At Checkout, we will request a pre-authorisation for the amount of your order at the time it was checked out, which is the amount shown to you when you confirm your online order. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
6.3. All prices quoted are inclusive of tax.
6.4. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This may include an administration charge. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
6.5. We reserve the right to process funds before dispatch of goods if we have reasonable doubt in obtaining the funds on delivery.
7.1. All of our products are either certified by a recognized Kashrus authority or appear on a list of approved products issued by a recognised Kashrus authority.
7.2. All milk products are Cholov Yisroel unless specified otherwise in the labels of the product.
7.3. It is your responsibility to verify the Kashrus of each product you purchase. Momentum will not accept return of products due to the Kashrus supervision not suiting your standards.
7.5. Product packaging may vary from that shown on our website.
7.6. We aim to select goods with a reasonable amount of time left on the expiry date. However, please note that some fresh produce items naturally only have limited shelf life when they arrive in the store, therefore it is reasonable for them to have a shelf life of less than two days when they are delivered.
- CHANGING AND CANCELLING YOUR ORDER
8.1. Cancelling your order: non-perishable items: if you have ordered items which are not liable to perish, deteriorate, or expire rapidly, and are not listed in clause 8.5 below you are able to change your mind and cancel your order for any reason within 14 days after delivery. We will arrange with you for the cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within 30 days from the date you returned the goods to us (provided payment has already been debited to your payment card). However, you will be responsible for the cost of facilitating the return of the cancelled goods and this cost will be deducted from your refund or debited to your payment card. To cancel an order for non-perishable items and arrange for the goods to be returned to us, please let us know.
8.4. Cancelling your order: perishable items: You will not be able to change your mind and cancel an order for items which are listed in clause 8.5 below after 11.59pm on the day before delivery unless these items are damaged or faulty or do not meet our usual high standards. Items which are liable to deteriorate or expire rapidly can only be returned in accordance with clause 9.5 below.
- DAMAGED OR FAULTY GOODS
9.1. When your items are delivered please promptly check that the order is not damaged. In the event that your order is visibly damaged or in any way does not meet our usual high standards, please let us know and we will arrange with you for the goods to be returned to us. On receipt of the goods, we will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods.
9.2. At our entire discretion, we may refund damaged or faulty goods without requiring you to return the goods to us. In these circumstances, we may ask you to send us a photo (or other proof) of the damaged or faulty goods.
9.3. Please retain the original packaging where possible. You are responsible for the goods from delivery and you must store the goods in the manner appropriate to the type of goods (e.g. keep chilled items chilled, frozen item frozen etc.). As we may require them to be returned and they must be returned to us in the same condition as they were delivered to you. The returns policy for damaged or faulty items is set out below:
9.4. Returns policy for non-perishable items – if you return an item(s) which is damaged or faulty, mis-described or parts are missing within 30 days of delivery you may request either a full refund, a price reduction, or replacement or repair of the item(s). If you discover the item(s) is damaged, faulty, mis-described or parts are missing after 30 days from delivery, you may return the item(s) and request either a repair or replacement. If the repair or replacement provided by us is not satisfactory, you can then request either a refund or price reduction. Please note that sometimes it will not be possible for us to provide a replacement or repair for an item (e.g. because the product/parts no longer exist). In these circumstances we will offer you a refund or price reduction.
9.5. Returns policy for perishable items – if you are not happy with the quality of any item(s), we will offer you a replacement item(s) or refund the money paid for the item(s) if you let us know before the expiry of the “use by” or “best before” date indicated on the item(s) or, where an item is loose and does not specify a “use by” or “best before” date, within 5 days after you received your order. You must store the item(s) in the manner appropriate to the type of goods (e.g. keep chilled goods chilled) as we may require them to be returned and they must be returned to us in the same condition they were delivered to you. Sometimes it will not be possible for us to provide a replacement for an item (e.g. because the item no longer exists). In these circumstances we will offer you a refund for that item only.
- HOW REFUNDS WORK
10.1. If you are entitled to return goods under clause 9 or cancel your order under clause 8 and we have already debited your card, we will reimburse any sum received from you (including the cost of the standard delivery charge where all items in the delivery are damaged), in respect of such goods by crediting the card you paid with. We shall not refund the difference between the standard delivery charge and any premium delivery charge you have selected when ordering the goods.
10.2. We shall not be responsible for any return costs for goods returned unless they are damaged or faulty.
10.3. Refunds can take up to 20 days to appear in your bank or credit card account. This may depend on which bank you use and where it is located. We will make any refunds within 14 days of collecting the goods back from you.
10.4. Your rights under your national consumer legislation and any manufacturer guarantees are not affected.
- DELIVERING YOUR GOODS
12.1. We always aim to deliver your goods within the delivery time slot we have agreed with you, but we cannot accept liability if the goods are delivered outside of this time slot or we did not deliver all or any of the goods in your order.
12.2. Ownership of, and risk in, the goods will pass to you once we have delivered your order. Read all information on the product label carefully including any accepted substituted products.
12.3. If the delivery address stated on your order is not the address where you live we will not be liable for any damage or detriment to the goods caused by their onward delivery to you.
12.4. We can only make a delivery to an address within our delivery area.
12.5. Our commitment is to deliver your order to your front door. There may be circumstances where this may not be possible (including but not limited to):
- you fail to be present for your delivery during the delivery time slot;
- where the driver believes they are at risk of injury;
- where the driver believes any stairs to your front door are structurally unsafe; and
- where the driver is not satisfied that the recipient of the delivery is aged 18 or over.
In such circumstances, we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
12.6. We will only deliver to somebody who is, in our reasonable opinion, aged 18 or over.
12.7. It is your responsibility to ensure that the person accepting delivery is over 18 and can demonstrate this to us if challenged. If we are not satisfied that the person accepting delivery is over the age of 18, then we may not hand over your delivery. If there is no one at the delivery address who is 18 years of age or over, we’ll leave notification of our visit and will return the goods to our store. We’ll then contact you to arrange re-delivery at a convenient time. You may have to pay another delivery charge for this.
12.8. We also follow a “Challenge 25” policy for the purchase of alcohol. Accordingly, when delivering age restricted products, if the person accepting your delivery appears to be under the age of 25, we will request photo ID (such as a passport, EU Photocard driving licence, National ID cards or proof of age card e.g. Citizencard, Validate UK, Portman Group card or local authority card with a holographic PASS logo) to prove that they are over the age of 18 and can lawfully purchase such products.
12.9. Due to licensing restrictions we can only deliver alcohol during the licensing hours that are within our delivery times. These are 8.30am – 11pm.
- WHAT WE ARE NOT LIABLE FOR
13.1. Whilst we take every care to deliver your order, we cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance you had in having the goods delivered to you arising out of our supply or failure to supply the goods to you.
13.2. Nothing in this agreement shall in any way limit our liability for death or personal injury resulting from our breach of contract, tort or negligence nor limit any legal rights you have as a consumer.
13.3. The goods are sold to you on the basis that you are a consumer therefore we will not be liable for any special losses that you might suffer using, re-distributing or reselling the goods as part of a business.
13.4. We may use a third-party delivery service to deliver your goods. We will not be liable for anything that that third party might do to the goods.
- CHANGES TO THESE TERMS
14.1. If we make any changes to these terms and conditions we will let you know as soon as possible.
- Other important terms
15.1. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 1 week, the party not affected may terminate this agreement by giving 2 days’ written notice to the affected party.
15.2. This contract is between you and us. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.5. These terms are governed by EU law and you can bring legal proceedings in respect of the products in the EU courts.