Terms and Conditions

Please read these terms and conditions before further proceeding with accessing, viewing, and otherwise using the Matthieu de Gottal (Borborygmus Ltd) website and affiliated domain names ( collectively "Site"), since it is a condition to your access, view and use that you agree to these provisions.  If you continue to visit this Site, then you have agreed to these terms and conditions.

Orders

  • We must receive whole payment of the price for the products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
  • You are not allowed to sell and must not offer for sale or re-sell any of our products
  • Borborygmus Ltd reserves the right to cancel the contract between us if:
    • We have insufficient stock to deliver the products you have ordered. If this is the case, we will contact you and advise you of an availability date or to offer you a reasonable substitute product.
    • One or more of the products you have ordered has been listed at an incorrect price due to a typographical error
    • We do not deliver to your area
  • If we do cancel your contract, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
  • The rights of withdrawal of 7 days does not apply to contracts for the supply of perishable food products such as chocolates. Modification to the order or cancellation by the customer may be accepted whilst the order is being prepared only. In the case of cancellation, the charges will be refunded. However, a discretionary fee may be applied for administrative cancellation charges. Once the order is packaged and handed over to the carrier, no modification or cancellation may be accepted and the charges will not be refunded.

Price

  • The prices payable for products that you order are as set out in our website. These prices are subject to change.
  • The price of the goods does not include a charge for delivery. These charges are in addition and can be found in our Shipping section.
  • The currency used for the transaction is the British pounds and include VAT of 20%.
  • Borborygmus Ltd do not store financial credit or debit card information.

Shipping & Deliveries

  • Currently we only deliver within the United Kingdom. We will deliver to most locations in the United Kingdom. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery altogether. If you place an order for delivery and we do not deliver to that area, we will provide a full refund of the purchase price minus an administration fee.
  • We offer the options of Royal Mail First Class service and Royal Mail First Class Signed For™ service (Aim to deliver next working day, including Saturdays) on all orders – please specify the service you require at checkout. Proof of delivery is not normally obtained for items sent by standard Royal Mail First Class service and Borborygmus Ltd cannot be held responsible for failed delivery in this case. Therefore if you require a proof of delivery, please select First Class Signed For™ service. We reserve the right to change delivery carriers without notice.
  • Orders are usually prepared and dispatched within 48 hours. Please note that the orders will not be dispatched on a Friday or over the weekend, to avoid your chocolates sitting in transit. If you do require your order to be delivered on a particular date, please let us know and we will try our best to accommodate your request.
  • Once dispatched, packages can then take a further 1-3 working days (not including weekends) to arrive at your stated delivery address. Therefore, you should allow a total of five working days for delivery after placing your order. Please note that during busy periods, particularly in the run-up to Christmas or Easter, delivery times may increase to seven days.
  • We will deliver the products ordered by you to the address you provide to us for delivery at after you place your order. It is your responsibility to provide us with accurate delivery address details - We will not check or verify addresses and messages supplied by you.
  • We do not have control over the temperatures during the delivery of your order and cannot be held responsible for any chocolates that have been affected by temperature.
  • Please note that the pictures on our site are not contractual.

Payment

  • Payment may be made by debit, credit or charge card, or through your own Paypal account. We do not accept cash or cheques for online orders. There is no minimum order requirement.
  • The debit, credit or charge cards accepted by us are those listed on the website on the date on which your order is placed.
  • Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.
  • You agree to indemnify us in full against all costs, expenses and outgoings incurred by us in obtaining payments from you in the event of a failed payment. This may include an administration charge.

Liability

  • If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, or if you do not receive the products ordered, we shall have no liability to you other than as set out below.
  • If you notify a problem to us under this clause, our only obligation will be
    • To make good any shortage or non-delivery
    • To supply and deliver substitute products if your original choice cannot be delivered for any reason
    • To replace any products that are damaged or defective, unless the products are damaged due to temperature
    • To refund to you the amount paid by you for the products in question in whatever way we choose
  • We will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question.
  • We exclude all liability and responsibility for any amount or kind or loss or damage that may result to you or a third party in connection with this website in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
  • We try to ensure that the information on this website is accurate and complete, but we will not be liable for any damages of any kind arising from the use of this website.

Our Products

  • All products by Borborygmus Ltd are made in the same environment where nuts may be handled, and therefore may contain nuts or traces of nuts, and should not be consumed by allergy sufferers.
  • Under the 2003 Licensing Act it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18. We will not sell or deliver products containing alcohol to anyone who is, or appears to be, under the age of 18. By placing an order for any products containing alcohol you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.

Intellectual Property

  • The content of this website is protected by copyright, trademarks, database right and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without written permission from Borborygmus Ltd.

Events Beyond Our Control

  • We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

  • If any part of these Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Your Use Of This Website

  • You may not use this website for any of the following purposes:
    • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or other objectionable material or otherwise breaching any laws
    • Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice
    • Interfering with any other person’s use or enjoyment of the website
    • Making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right with the proper permission
  • You will be responsible for our losses and costs resulting from your breach of our intellectual property rights.

 

Governing Law

  • The contract between us shall be governed by and interpreted in accordance with English law and English courts shall have jurisdiction to resolve any disputes between us.

Notices

  • Unless otherwise expressed stated in these Terms and Conditions, all notices from you to us must be made in writing and sent to our contact address. All notices from us to you will be displayed on our website from time to time.

Contact details

Registered Office of Borborygmus Ltd:
Teretts Mill
Newmarket Road
Nailsworth
GL6 0RF

Tel: +44 (0)1453 799869

Borborygmus Ltd is registered in England no. 08689955