TERMS OF SERVICE

 

Before using this site or placing an order with us please:

Read through these terms and conditions (the ‘Terms’) and in particular our cancellations, returns and refunds details and limitation of our liability.
For the avoidance of doubt, each time you access this Website (for whatever reason), you will be deemed to have accepted these Terms. We may revise our Terms at any time. You should therefore check this Website from time to time to review the current Terms to ensure that you are happy with them. Any changes are effective immediately upon posting to the Website.

These Terms are a contract between us, therefore you may wish to print a copy for future reference.

 

1. INFORMATION ABOUT US
RÂ CACAO (“Râ cacao”, “we”, “us” or “our”) provides the services available on this website (“Website”). Registered in the Netherlands. Our registered office is Râ cacao, Zonnelaan 21, 1349EW Almere, Netherlands.

 

2. ACCESS & COMMUNICATIONS
You will be able to access parts of the website without having to register any details with us.

 

3. ELIGIBILITY
To be eligible to use this site or make any purchases with us and enter any legal contracts you must fit the eligibility criteria.
Our services are not available to:
• Minors under the age of 18 and
• Those who cannot enter into binding contracts.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

 

4. DATA & GENERAL CONDITIONS
We use your data to fulfil any orders you place with us. We only share your data with third party service providers who help us to do this, for example we pass on email addresses to our courier company to provide tracking information. Please see our Privacy Policy for more details. By agreeing to our Terms and Conditions you agree to our Privacy Policy.
You understand that your data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we make every effort to ensure all information is factual and up to date, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and we encourage you to do your own research.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

6. CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. Our prices are based on commodity prices of foods and exchange rates which change frequently in the marketplace.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

7. PRODUCTS & SERVICES
We have made every effort to display as accurately as possible the colours and images of our products that appear in our store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. The images used are for demonstrative purposes only and may deviate from the actual product.

The description and specification of products on Râ cacao were approximate at the time of writing and in accordance with the supplier’s guidelines. Râ cacao reserves the right to update product descriptions at any time.

Râ cacao offers a variety of products and it is your responsibility to decide whether or not our products are suitable for your dietary needs.

Râ cacao is not responsible for any products melting or slightly breaking in transit. There are factors outside of our control that can cause a product to melt or break and we cannot offer any compensation for this unfortunately.

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

 

8. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting you by e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, without pre-agreement made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

9. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

11. ORDERS
When ordering from us, you agree to enter the contract as set out by these Terms and Conditions. For any reason, we reserve the right to withdraw our services at any time, where necessary decline your order. If we decide to decline your order, we will notify you via email. You can withdraw or cancel your order per the cancellation details stated in these Terms and Conditions.

We aim to provide the best possible service, but on occasions errors may occur. Any proposed delivery dates are estimates and are based on product availability and processing time. Once your order has been dispatched, the goods are now in your ownership and are therefore your responsibility. Once payment has been taken and goods are in your ownership, it is your responsibility to inspect goods received.

 

12. PAYMENT
Payment can be made by any major credit or debit card or through an electronic payment account as indicated on the checkout page.
By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the checkout page.

Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.

13. ORDER ACKNOWLEDGEMENT
Following receipt of your order you will be sent an acknowledgement by email (assuming you provide a valid email address) detailing the price of the goods you have ordered and any associated delivery costs to be charged to you. You must review your order confirmation email to check all information is correct and notify us straight away before dispatch if any of the order details such as delivery address are incorrect.

 

14. DISPATCH & PAPER INVOICE
We usually dispatch your order within 3 to 5 working days of receiving it, depending on how busy we are and how the stock is. When stock is low and dispatch time is therefore extended, it will be specified in the product description. We reserve the right to update stock availability at any time without notice. At key holiday times such as Christmas, orders may not be dispatched within the same timelines but a notice will be clearly posted on the Website to note this.
All orders are also dispatched with electronic invoices to the email you provided.

 

15. DELIVERY

Standard Delivery in the Netherlands

  1. We use Post NL for our Standard Delivery option, and sometimes FedEX for countries out of the Netherlands, always including track & trace. Please allow 2-3 working days for delivery of your order.
  2. Please note that Râ cacao is not liable for any loss, damage, or delivery delays once the shipment is handed over to third-party carriers such as PostNL or FedEx. If you would like to add extra insurance or require expedited shipping services, please contact us at racacao@hotmail.com prior to placing your order. We will gladly assist you in exploring available options to ensure a smooth delivery experience.

    Should you have any concerns, don’t hesitate to reach out for further guidance.

  • Working days are Monday to Friday, not including bank holidays. 
  • We cannot guarantee delivery dates as there can be delays in transit out of our control.
  • We currently use Post NL and FedEX.

EUROPEAN & INTERNATIONAL

European & International orders are usually received within 3-10 working days of dispatch (quite often sooner). We use Post NL and FedEX for all European & International orders. 

DUTIES

Râ cacao is based in the Netherlands. If you live in a country where duty is payable on goods sent from the Netherlands, please note this is NOT INCLUDED in the cost of your item. Duties are the responsibility of the receiver.

*Please note that Râ cacao does not accept responsibility for additional duties and taxes that are incurred when shipping outside of the Netherlands.

You should receive a confirmation of dispatch by email with a tracking number if a valid email address is provided when you order. Note that we will use the most cost efficient shipping service to the Dutch addresses. If necessary, we reserve the right to use alternative delivery methods without prior notification. If in the rare event you have not received your order within 10 working days please check the tracking information and if unable to resolve with Post NL/FedEX please contact us immediately, it is the customer ’s responsibility to report lost items to us within 10 days of notified dispatch. In the rare event where orders are not received within the expected timeframe, we need to follow the process with our service providers to locate and get your parcel to you which can take up to 5 working days.

Customers are obliged to comply with Post NL/FedEX claim compensation process and/or the Râ cacao process. Failure to comply with these processes will result in no refund being issued. Râ cacao is not liable for any delay in the delivering of purchases, or the performance of the delivery service, however caused. If you change address, you are responsible for updating your address details when ordering. You will be liable for any orders posted to the wrong location if you have not updated your address. We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

16. INSPECTION OF GOODS & DAMAGED ORDERS

If you have purchased delivery insurance, please carefully inspect your order upon delivery for any signs of damage (whole package or specific number of item within). If you notice any damage, it is important to inform the courier immediately and note the damage when signing for the delivery.

In the event of damage, you must contact us within 48 hours of receipt so we can file a claim with the carrier and resolve the issue promptly. To process the claim, we will need clear photos of the damaged items and the outer packaging. Please ensure that the courier is made aware of the damage and retain all items and packaging untouched until the matter is fully resolved.


We do not take responsibility for how you may store and use the products.

If you are not satisfied with a product, please do not open it any further. When an opened item is returned to us, at your own cost, we will refund pro-rata.

 

17. CANCELLATIONS, RETURNS & REFUNDS
We are unable to amend orders after payment has been processed. If you wish to cancel your order, please contact us via our Contact Us Form including your order number as soon as possible and we can only do so if your order has not yet been processed.

If your order has not been dispatched we will cancel and refund you straight away. If you cancel your order after the goods have been processed are shipped you must accept them and return them to us unopened and in good condition at your own cost so we can process your cancellation.

 

18. LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company; it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us via our Contact us page.

 

19. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

20. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

21. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

22. LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.

As an online retailer our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the price of the goods contained in that order. All legally required retail information is per our detailed listings and product labels.

 

23. DISCLAIMER
Râ cacao do not claim to be nutritionists or medical practitioners. It is not intended for the information presented on the website to be an authority for medical diagnoses or nutritional advice. For symptoms of illnesses, we recommend that you seek assistance from a professional medical practitioner. For specific information on diet we recommend you seek assistance from a qualified nutritionist.

Râ cacao does not accept any liability for any loss (direct or indirect) as a result of relying on information on the website, in respect of error or omission.

ALWAYS READ THE LABEL. If you suffer from known allergies, please read the product’s ingredients list prior to consumption. Râ cacao does not accept responsibility to any adverse reactions caused by consumption of any product.

 

24. MEDIA AND IMAGES
Râ cacao is the owner of all information on this website. You may not publish, distribute, extract, re-utilise, or reproduce without acknowledgement of Râ cacao as the publisher. You must include the top level URL of the Râ cacao website eg: http://www.racacao.com in acknowledgement of Râ cacao as the source.

All images, recipes, product descriptions and all other content on our website are copyright and our intellectual property, we invest in these and own the rights, they are not to be replicated or used without our permission. Failure to comply with this will result in legal action taken.

 

25. COMPLAINTS
We want to make your shopping experience as good as it can be.

Should you be unsatisfied with your products, or experience at Râ cacao please inform us via our Contact Us page.