Personalised Cadbury Chocolate

TERMS & CONDITIONS

Please see below for our full Terms & Conditions relating to the use of the Cadbury Gifts Direct personalised chocolate service. Before you start though, here’s a few key points relating to how the service can be used.

•    Company logos and brand names – sorry, we don’t allow any company names, branding or other registered trademarks or devices to be included in content.

•    Maximum order numbers - Our service is aimed at individual gifts and small group use and we restrict the number of personalised gifts you can order to 100.

•    Not for resale. Being able to personalise your favourite Cadbury chocolate makes for a great personal gift but this isn’t a commercial service and we can’t allow use for intended resale purposes.


Introduction

The terms and conditions set out below apply to the use of the Cadbury Gifts Direct personalised chocolate service and incorporate with the standard T&Cs located here. By accessing and browsing this site and/or placing an order you agree to be bound by the terms and conditions set out below and accept without any limitation or qualification. If you do not agree to be bound by these terms and conditions you may not use or access this site.

Cadbury Gifts Direct reserves the right to make changes to this site and to these terms and conditions at any time without prior notice. You should review these terms and conditions each time you access this website.

Before you start - checking the T&Cs are current
Before you place an order, if you are unsure about any aspect of our terms and conditions please contact our help desk by email on info@cadburygiftsdirect.co.uk or telephone us on 0845 600 3113. Our help desk is open Monday to Friday 9am to 5pm

Using the personalised chocolate service - things you must remember

We want everyone to enjoy using the Cadbury Gifts Direct personalised chocolate service but there are certain rules and restrictions governing its use.

Firstly, access and permissions. You must warrant that any personal information which you are required to provide whilst placing an order is true, accurate, current and complete in all respects. In using this site you also agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

The content provided by you.
You are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your personalised gift. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your gift unless you have obtained the appropriate authorisations from the owners. You warrant that content you use and supply does not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your personalised gift. This extends to any external links to websites or other online content via the use of QR codes.

Any material uploaded and utilised in the personalised chocolate service must be deemed free of causing damage or harm to the brand reputation of Cadbury Gifts Direct, Cadbury UK Limited and its group companies, including without limitation Kraft Foods UK Ltd and any related brands owned by these organisations.

The Cadbury brand and related brands including but not limited to Milk Tray and Cadbury Dairy Milk and any related images, logos and devices owned by Cadbury UK Limited may not be associated with any third party, including without limitation any commercial, charitable or political organisation.

By placing an order on this website, you warrant that you have all necessary permission, right and authority to place the order and you authorise Cadbury Gifts Direct to produce the products on your behalf.

Without limitation, content submitted must not include pornographic material nor any material which could be construed as being capable of use to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You also agree that you will not use the website to produce products that are offensive, unlawful, harassing, libellous, threatening, harmful or malicious in any way.

Content will be scrutinised for inappropriate content and we reserve the right in our absolute discretion, without explanation, to cancel any orders not complying with these restrictions or which we deem to be inappropriate in any way.

Personalised chocolate service is for personal use
You agree that you are ordering the gift for your own, or your recipient's personal use and that no attempt will be made to market, resell or distribute personalised gifts in any manner whatsoever to any person for any purpose other than personal use. For the benefit of clarity, this prevents the use of this personalised service for commercial applications.

Acceptance of your order
Acceptance will have been deemed to have taken place once your gift has been despatched and a despatch confirmation has been sent. Prior to this point, your order cannot be deemed to have been accepted.

Should your order be cancelled by ourselves due to infringements of these terms and conditions; or cancelled by yourselves by contacting our help desk (refer to Cadbury Gifts Direct Refunds and returns policy) then a full refund of price of goods and price of delivery will be made to the debit or credit card used to place your order.

Indemnification
You shall indemnify and defend Cadbury Gifts Direct, Hemingways Marketing Services Ltd, Cadbury UK Ltd and their group companies directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these terms and conditions  (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into your gift products by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.


Your Privacy
Use of information provided when using Cadbury Gifts Direct and the personalised chocolate service.

All information is stored and handled in accordance with the Data Protection Acts (1984 and 1998). Personal and financial information collected on this site is used for the following purposes: processing, delivering your order; administering this website; for survey purposes to improve the website. We will treat all your personal Information as confidential. We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

Whilst using the site we will ask you to input and will collect personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections. Payment information collected for the purpose of completing your order is not stored on our databases and servers and is removed as soon as payment is completed.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information, we are entitled do so.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
 
Feedback comments and suggestions received via email or phone.
Any comments, suggestions, proposals or other feedback provided in connection with the operation or content of this site shall be provided by the submitter and received by Cadbury Gifts Direct on a non-confidential basis.

Distance Selling Regulations
Please note that you are entitled to cancel your order provided you exercise your right and notify us no longer than 7 working days after the day on which you receive your order. To comply products must first be returned to our offices and is subject to goods being returned in a good and resaleable condition.

Risk and ownership of all gift products purchased from the website transfers fully to the recipient upon successful delivery to the stated delivery address.


Trademarks, intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the site shall remain at all times vested in Cadbury Gifts Direct and/or Cadbury UK Limited except where specifically stated otherwise. Nothing contained on this site should be construed as granting any licence to use any trademark, service mark of logo displayed on this site without the express written permission of Cadbury Gifts Direct and/or Cadbury UK Limited.

You acknowledge and agree that the material and content contained within the site is made available for your personal non-commercial and use is restricted to the downlload of that material and content to one computer hard drive only for the purpose of placing an order. Any other use of the material and content of the site is strictly prohibited. Visitors and users of this site may not copy, distribute, sell, publish, display, transmit, reproduce or decompile any part of the material by any means (electronic or not) or for any purpose include it in any derivative works.

Limitation of liability

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. In addition no warranty is made for any viruses that may infect your computer equipment or other property on account of your access to, use of, downloading of or browsing of this site.

We can accept no liability for any spelling mistakes or similar misrepresentations that result from you incorrectly entering the message on your personalised chocolate gift.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:  any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

General
This site is operated by Cadbury Gifts Direct from its offices in the UK. Neither Cadbury Gifts Direct, Hemingways Marketing Services nor Cadbury UK Limited make any representation that material in the site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

If for any reason any provision of these Conditions of Use are determined to be void or unenforceable, then to the extent and in the places only where such provision is determined to be void or unenforceable it shall be severed and the remaining provisions shall continue in full force and effect. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Your Statutory Rights are not affected by these terms and conditions.

Along with Hemingways Marketing Services Ltd, Cadbury UK Limited shall have the right to enforce any provision of these terms and conditions against you, including the right to seek an injunction to prevent you from breaching such.

These terms and conditions and anything in this site shall be governed by English Law and all matters in connection with them shall be determined by the English Courts

'Who Does What'
Cadbury Gifts Direct and the personalised chocolate service offered to customers using Cadbury Gifts Direct is operated and managed by Hemingways Marketing Services Ltd under licence from Cadbury UK Limited.

Website content, order collation; assembly, pick, pack and despatch of orders including collation of any customised and personalised printed material,  customer service, returns and replacements is conducted by Hemingways Marketing Services Ltd - Registered address: Metcalfe House, 23H Kirkgate, Ripon, HG4 1PB Registered Number: 453174.