Prestat Chocolates - Terms and Conditions of Use of the Website

 

1. Who is "Prestat Chocolates"?

Prestat Chocolates is the trading name of Prestat Limited.  The www.prestat.co.uk website (“the website”) is wholly owned by Prestat Limited.  All associated trademarks and images are protected and may not be used without our explicit written permission.

Prestat Limited’s company number is 03593791 and the registered address is Tennyson House, 159 – 165, Great Portland Street, London, W1W 5PA.  Orders generated from our website are fulfilled from Unit 5 Concord Business Centre, Concord Road, London W3 0TJ.  You can read more general information about Prestat Chocolates here and read our answers to Frequently Asked Questions here.

By placing an order through the www.prestat.co.uk website, either directly yourself or through one of our customer services team over the telephone, you are agreeing to the following terms and conditions.

2. Changes To Your Order

If you wish to change your order, please call us on 0800 0213 023 (international callers should call +44 20 8893 3668) or email us at customer@prestat.co.uk.  Please note that any changes to your order (delivery address, gift message, additional items) must be made by 3pm the day before delivery, or by 3pm on Saturday for Monday delivery, to ensure that we have time to amend the order prior to dispatch.  Although we will endeavour to make amendment requests that we receive after 3pm on the day before delivery, or Saturday for Monday delivery, we cannot guarantee we will be able to make the changes.Over the very busy Mother's Day period we cannot guarantee to make any change requests  that after 12 noon on the Saturday preceding Mohter's Day although we will do our best to help.

3. Delivery

3.1 Delivery Charges

For all orders containing only chocolates or wine our Standard Delivery Charge is £3.99 per recipient within London or £4.99 for the rest of mainland UK . Any orders which also contain flowers will be entitled to free Standard Delivery.

3.2 Addresses

Under normal circumstances, we will try to ensure that your order is delivered to the recipient's address you provide.  However, there are times when this is not possible due to problems with the address information that our customers provide or due to problems our drivers encounter when attempting to deliver the order.  It is therefore very important that you ensure that the recipient address you provide is accurate, in particular the postcode, and that you give additional instructions to assist our drivers to locate difficult-to-find addresses.  It is also very important that you keep us informed if you find that the recipient's address or availability changes prior to the order being delivered.

The email that is sent on completion of your order contains all the key information pertaining to your order.  It is very important that you check this to ensure no errors have been made.  If we are provided with an incorrect address and the chocolates are sent out for delivery before the error is highlighted, you are not automatically entitled to a resend or a refund.  In the event that the chocolates we sent are irretrievable, we may, at our discretion, arrange for another order to be sent out, subject to the details of the specific situation.

Please note we currently only deliver to addresses within mainland UK.
If you are unsure of the recipient's address, we recommend using one of the following address lookup and validation websites:

http://www.royalmail.co.uk

http://www.192.com

3.3 Deliveries To Hospitals

Deliveries to hospitals can be problematic because patients often move from ward to ward, or are discharged.  This means that we are sometimes unable to deliver orders for customers at a very emotional time.  However, many of these problems can be avoided by ensuring that we have accurate and up-to-date information about the ward that the recipient is in.

It is particularly important that you provide the full name of the recipient of the order as there can be several patients with the same name in the same hospital.  This can lead to errors in the delivery that are beyond our control.  Most hospitals do not allow drivers to take chocolates or other gifts directly to wards because of health and safety regulations and in such cases our chocolates will be delivered to reception or post rooms. 

3.4 Receipt of Deliveries

Flowers sent to hospitals, military bases and business addresses will be delivered to a main reception or mailing room prior to internal distribution; the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.

3.5 Failure To Deliver

If we are unable to deliver your order to the recipient's address, we will attempt to leave it in a secure place on the recipient's property.  Where this is not possible, we will attempt to leave your order with a neighbour.  If this is not acceptable, please ensure that you tell us when you place your order. If we are unable to deliver the order, we will attempt to contact you via telephone or email as soon as possible.  For this reason, it is very important that you provide up to date contact information.  It is also very helpful if you provide us with the telephone number of the recipient as this often makes it easier to resolve delivery problems when the recipient is not at home at the time of delivery, although we cannot guarantee to call the recipient on delivery if the address is outside the Greater London area.

In the event that we are unable to deliver the order to a recipient's address that you have provided, we will attempt redelivery either that same day or the following day.   At our discretion, we may refund the delivery charge associated with the failed delivery.  We are not responsible for any other costs incurred by the customer due to failed deliveries.

For deliveries made by our distribution partners, HDN and DPD, their policy is to leave a card if no one is in.  They may attempt redelivery later in the day but do not guarantee that they will.  If they do not attempt redelivery on the same day, they will attempt redelivery the next day.  We are able to track their progress using our system, and as soon as they have marked it as delivered, we will send a confirmation email.  If there are issues with the delivery, we should be alerted by the system and will attempt to proactively deal with the issues.  It is not always possible to contact drivers due to health and safety considerations relating to driving and talking on the telephone, so please be patient.

Signatures are usually required for delivery by courier drivers, unless you specifically tell us otherwise in your delivery instructions.  It is therefore very important that you let us know if you would like us to leave on the porch etc.

3.6 Timing of Standard (All Day) Deliveries

We undertake to deliver between 8am and 7pm on business days.  However if we miss this delivery time but still deliver the chocolates, we will not make a full refund.  Similar to clause 6 below, we will discuss with the customer what a reasonable discount might be in the given situation.  By buying chocolates from Prestat you are not entering into a contract that guarantees delivery between 8am and 7pm or all your money back, you are entering into a contract that guarantees delivery between 8am and 7pm or some of your money back.

3.7 Delivery Instructions

In our checkout we ask for delivery instructions. This information is for our drivers and couriers and is where you should detail your requested actions for us if the recipient is either out or unable to answer the door when we attempt delivery. We will always do our best to follow your instructions word for word but this is not always possible e.g. if you have asked us to leave the chocolates with a neighbour but the neighbours are also out, we may either leave it somewhere secure around the property or if this is not suitable, return the chocolates to our base and reattempt the following working day. If the delivery address is a business address, it is always appreciated if you could include what floor the recipient works on and if it is ok to take to a main reception desk.

Putting a phone number in the delivery instructions box does not mean we guarantee to contact the recipient to agree a delivery time as this is not possible for us to do, and when the order is being delivered by HDN and DPD although we will ask you for a phone number for the recipient it is for our use if problems arise and not for the courier drivers as they do not offer that option as part of their service.

3.7 P O Boxes

Unfortunately, we are not able to accept orders to addresses containing a PO Box number or FREEPOST addresses.

4. Availability and Substitution

4.1 Chocolates

All chocolate products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.  Where this is necessary, we will try to contact you via email.  If you wish to discuss the substitution we have made, please contact our customer services team on customer@prestat.co.uk or 0800 0213 023 (international callers should call +44 20 8893 5400). 

If we are unable to contact you via the contact methods provided prior to the time that we make up your order, we will assume that you accept our decision re substitution or delivery date move.

4.2 Other Products

We offer additional high quality products relevant to the gifting market (flowers, vases and drinks).  All our products can be sent next day nationwide (up to 5pm for areas outside London), and up to 3pm same day within Greater London.

Very occasionally, we can be out of stock on a product that is still live on the website, though typically all the products on our site are in stock.  If we are out of stock of one of our products and you try to purchase it, we will try to contact you to discuss either removing the product from your basket and refund you the cost, or substituting another product in the out of stock product's place.  If we are unable to contact you, we reserve the right to make the decision on your behalf (remove or substitute), on the basis of the situation as we see it (as per our policy set out in 4.1 above). Should you be unhappy with our choice of substition for wines or other alcoholic drinks, we are able to refund the cost of the product when we receive it back but redirection back to us is at your cost and will not be paid for by Prestat.

5. 100% Satisfaction Guarantee / Damaged Orders & Refunds

Although we do our best to ensure that this does not happen, on very rare occasions, products arrive at their destination damaged or fail to arrive due to an unforeseen delivery issue.  Some of our chocolates are quite fragile and easily damaged; in such cases we shall not necessarily be able to offer a refund.  If the recipient receives a damaged order, please contact us immediately so that we can discuss an appropriate resolution which might be:

    * a re-send on the next available delivery date; or
    * a full or partial refund (% refund depends on the specific circumstances of the issue).

Typically we will not offer both a refund and a resend.  Where orders have been damaged we will normally ask for them to be returned or for photographs clearly showing the problem so we can use them to determine what is going wrong with our system, and to claim compensation if possible from Parcelforce (as appropriate).  It is important that we are contacted as soon as possible regarding issues.  We need to be informed of any issues within 3 days of the delivery to give us the best chance of successfully resolving the issue. We will, at our discretion consider issues raised after the 3 day deadline but reserve the right to refuse the options of refunding or resending the order.

Please note that our chocolates are perishable goods and we are therefore not able to accept the return of these goods for reasons of hygiene.

If we believe that there has been an abuse of our 100% Satisfaction Guarantee/Damaged flowers or chocolates policy or if there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to resend flowers and to refuse to take orders from customers.  If we make such a decision, we will inform the customer in writing of our decision, via email or over the telephone.  It is important to note that this guarantee does not confer the right to an automatic 100% refund, but only to a fair resolution.

6. Small Errors With Deliveries

From time to time, there are small human errors made (for instance, a message card very occasionally goes astray).  In such circumstances, we will do our best to make the situation right for the customer.  We may, at our discretion, offer a partial refund or a discount on a future order, but do not guarantee that we will do so.  We believe in being fair and this is the spirit in which we will approach such situations.  We would not, for instance, give a 100% refund if a message card did not arrive, as the customer has received significant value in terms of the chocolates.

7. Melted Products

We take great care in packaging our chocolates for delivery to ensure that they do not melt or get damaged during transit. However, since chocolates are perishable products, we cannot accept responsibility for melted products if they have not melted in transit.  Please nonetheless let us know if there has been such a problem.

8. Fraudulent Behaviour

If we believe that an order may be fraudulent in nature, for whatever reason, at  our complete discretion, we reserve the right to cancel any order and / or refund the payment.  We are under no obligation to reveal why we believe the order to be fraudulent.  We will co-operate with the police regarding any criminal investigations.  We reserve the right to refuse to serve customers, block their IP address from accessing our website and any other blocking or fraud prevention measures we feel may be necessary to implement from time to time.

9. Duplicate Orders

If we notice two identical chocolate orders we may remove one, refunding the cost, if we believe it to have been ordered by mistake.  In such circumstances we will attempt to contact the customer but if it is urgent and they cannot be reached, we may make the call ourselves.  You consent to our having the freedom to make this decision when you purchase through our website.

10. Abusive Behaviour

We will not tolerate abusive behaviour in any way, shape or form.  Whilst we endeavour to do our very best, and 99% of our orders go like clockwork, mistakes are sometimes made.  Purchasing from Prestat Chocolates does not entitle individuals to treat our staff abusively.  If anyone is abusive to our staff, we will terminate any dialogue.  We will not resume dialogue unless it is in a non abusive fashion and with the level of respect to which every human being, on either end of the telephone, has a right.  We reserve the right not to deal with returning customers who have previously been abusive or offensive.  We may block their account or take any other measures we wish to prevent them using our services in future.

11. Alcohol Policy

We offer a number of alcoholic drinks.  Prestat's drinks are fulfilled through Arena Online Ltd.  Arena Online is licensed to sell alcohol 24 hours a day, 7 days a week through our website.  We are a responsible organisation and fully support the principles of the licensing act.  In particular, we will refuse to sell alcohol to anyone we believe is under 18 years of age, or who we believe intends to supply alcohol to minors.  If we believe a minor has used an adult's payment method to purchase alcohol for themselves then we reserve the right to refuse to hand over the alcohol.

12. Special Offers and Promotional Codes

At our discretion from time to time, we may offer promotional codes or products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.  A special offer or promotional code cannot be used in conjunction with any other special offer or promotional code.

In the event that a customer has made a purchase and the price of a product falls or is discounted due to a special offer or promotional code, the price of the product at the time of purchase shall 'prevail'.  We are unable to offer special offer discounts or apply promotional codes for purchases that have already been made.

As our special offers are often made available due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.  We also reserve the right to offer personalised special offers and promotions which will on be redeemable by the customer in receipt of the special offer and not by the general public.

13. Customer and Recipient Personal Information

To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.  If you do not put your name into the message card field, we will not share your identity with the recipient, even if they ask us for it (as this is illegale, under the data protection act).  If recipients request the sender's identity, we may email or call the sender to let them know that the recipient is enquiring about the sender's identity. However, it is the responsibility of the sender, through the message box, to ensure that the recipient knows who sent the gift, not our our responsibility.

Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy.

14. Unforeseen Technical Issues With The Website and / or Our Systems

It is conceivable that errors may occur with our systems from time to time, due to unforseen circumstances.  For instance, our 3rd party hosting partner may lose access to the internet, causing our site to go offline or, if there is a problem with our server's internal clock, orders could theoretically be accepted by our system despite a cut off time having passed.  These two examples are just that - examples and do not cover all the technical things that could theoretically go wrong (with our or any online business).  We take every precaution we can to ensure that our systems run smoothly and problems are very rare.  When they do occur, we will do our best to  provide the service requested within the timing originally requested.  However, in certain circumstances, it will not be possible for us to fufil the order to the original timeline.  In the latter situation, we will ask the customer what they would prefer; for us to amend the timing of  the order, or to refund the order in full.  You cannot hold us responsible for any damages or compensation if your order cannot be fulfilled for this reason (or any other).

15. Cut Off Times

Our cut off times for deliveries are shown on our chocolate delivery pages.  However, these cut off times are guidelines only and, whilst we keep to those times 99% of the time, from time to time we may move the cut off times forward or back, to respond to business situations that may arise.  If you wish to order Chocolates for next day delivery, you are urged to get your order in early, to make sure you get it in before the cut off time passes.

16. Deliveries  - Weekends & Public Holidays

We deliver on Saturdays, but not normally on Sundays or public holidays.  On occasion, we can make special arrangements for such deliveries, however we do not guarantee it.  Please contact us if you would like to request a weekend or public holiday delivery and we will see if it is possible. We currently only deliver within mainland UK and do not ship outside the UK.

19. Photo Uploads

i) All photos submitted to Prestat should be reviewed by the customer for offensive, racist or otherwise unsuitable material; whilst we shall do our best to review and monitor all photos, we do not accept responsibility for their suitability and it is the customer who shall be responsible for the content of their picture.  Furthermore, we reserve the right not to refund for offensive photos that we have to discard, as we have to print the photos before we are able to check them.
ii) Prestat is not able to verify the intellectual property rights in a photograph; it is the responsibility of the customer to ensure that such rights are not infringed.  Almost all works, including photographs, are protected by copyright, even if they do not have a copyright notice. People's right of privacy must also be respected. All such issues are the responsibility of the customer; Prestat will print and send the photos submitted to them in good faith.

20. User comments, feedback and other submissions provided by customers

You agree that any material, information or ideas that you transmit to this site is, and will remain, the property of Prestat.

Furthermore, you accept that you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic or profane material that could give rise to any civil or criminal liability under law.  You are solely responsible for the content of any comments you make.

 

Thank you for visiting Prestat Chocolates.  We hope that the recipient will be delighted with any order you put through.


The Prestat Chocolates Team