This Notice sets forth the terms and conditions under which TCB Cafe Publishing and Media LLC, a California limited liability company, also dab TasteTV, and any features and services from the websites “TheChocolateRegistry.com”, “BridalChocolate.com”, “BRIDALREGISTRYCHOCOLATE.COM”, “CHOCOLATEBRIDALREGISTRY.COM”, and “WEDDINGCHOCOLATEGIFTS.COM” (collectively “The Chocolate Registry”) provides information on this website, as well as the terms and conditions governing your use of this website, along with any additional terms and conditions that may be referenced herein or that are presented elsewhere on the website in relation to a specific service or feature. By making use of this website or being redirected here from another domain, you agree to be bound by the terms and conditions that appear hereunder. The terms and conditions are subject to updating at any time without notice and such changes, additions or deletions shall be effective immediately upon posting. We may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. If at any time you do not accept the terms and conditions, do not access the website or any of its pages. Changes to the terms and conditions take effect when posted to the website.
The Chocolate Registry website allows chocolatiers and confectioners (“Chocolatiers”) to market and offer for sale products for delivery and/or pick up and customers to search for and purchase such products. These services are conducted within the United States and only at certain chocolatiers. You should closely review the information concerning the Chocolatiers to ensure you are able to properly utilize and benefit from the The Chocolate Registry services.
The Chocolatiers are obligated by The Chocolate Registry to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for you to understand that The Chocolate Registry does not in any way independently verify the credentials, representations or products of Chocolatiers, the ingredients or the quality of any products, or that a Chocolatier is in compliance with applicable laws. You must make yourself comfortable through information provided by Chocolatiers on the The Chocolate Registry website or as requested by you directly from the Chocolatiers as to the quality and reliability of the Chocolatiers, as well as to their compliance with applicable laws. The Chocolate Registry does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Chocolatier may represent that food preparation is in accordance with special standards such as “organic,” “kosher,” “macrobiotic” or allergen-specific standards such as “nut-free,” “gluten-free,” or “lactose-free.” However, The Chocolate Registry does not independently investigate or verify such representations. The Chocolate Registry shall not be liable or responsible for any food or services offered by Chocolatiers that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. You are solely responsible for verifying the accuracy of delivery addresses, and The Chocolate Registry shall have no liability or responsibility for any such erroneous addresses.
1. ”Company Services”: The Chocolate Registry is a Platform and venue
The Chocolate Registry is a platform and venue whereby users (“Buyers” and “Sellers”), in accordance to Company’s policies and this Agreement and the Seller’s Participation Agreement, offer, sell, buy, and trade certain goods (“Company Services” or “Services”), such as chocolates, confections, and baked goods.
2. Disclaimers and Limitation of Liability
The Chocolate Registry is not involved in the actual transaction between Buyers and Sellers. While The Chocolate Registry may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; that a Buyer or Seller will actually complete a transaction or return an item; the legal transfer of item from the Seller to the Buyer; or that a buyer or seller will actually complete a transaction.
Rather, our goal at The Chocolate Registry is to maintain our Website, the Company Services, and any tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, services, or tools. You further acknowledge that operation of and access to our Website, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• Your use of or your inability to use our Website, Services and tools;
• Delays or disruptions in our Website, Services, or tools;
• Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
• The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account; and
• The duration or manner in which, as a seller, your listings appear in search results.
• Orders that are delivered though a freight forwarder. The Chocolate Registry does not issue or offer refunds for any items delivered to or from a freight forwarder. You should instruct freight forwarders to refuse goods that arrive damaged, and goods lost after being received by the freight forwarder will be the buyer’s responsibility.
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Company reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for on Company Website (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to The Chocolate Registry in the 12 months prior to the action giving rise to the liability, or (c) $100.
3. Website Access
In order to use the Website or the Services, you must register for an account with The Chocolate Registry (an “Account”) and provide certain information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
b. Third-Party Offerings
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Website. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Website, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that the Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
4. Fees and Termination
Joining The Chocolate Registry is free. All sellers pay a percentage of the sale price when their item(s) sell(s).
The Chocolate Registry’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Company’s Services are effective after Company provides you with at least fourteen (14) days’ notice by posting the changes on the Website. However, Company may choose to temporarily change the Fees Policy and the fees for Company Services for promotional events (for example, free listing days); such changes are effective when Company posts the temporary promotional event on the Website. Company may, at Company’s sole discretion, change some or all of Company Services at any time. In the event Company introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using Company’s Services. Company keeps accepted payment information for some members on file.
If Company terminates a listing or your account, if you close your account, or if the payment of your Company fees cannot be completed for any reason, you remain obligated to pay Company for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact us via the website.
5. Listing and Selling
a. Eligible and Ineligible Items
You may list and sell approved chocolates, confections, baked good, fragrances, and skincare items on The Chocolate Registry. You may not list or sell the following items on The Chocolate Registry:
• non-apparel items, excluding beauty, fragrance or skincare products
b. Accurate Description
All listings on The Chocolate Registry must be for sale. By listing an item for sale on The Chocolate Registry.com, you warrant that you and all aspects of the item comply with The Chocolate Registry’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item, including a clear description of any ingredients. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate descriptions. Each listing must accurately and completely describe the item/ items for sale in that listing. Each unique item must have its own listing.
c. Binding Sale
All sales are binding. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. If you do not complete a transaction, your account and all listings will be suspended and removed from the Site, and may be reinstated at The Chocolate Registry’s sole discretion.
d. Fee Avoidance
Sellers and buyers may not exchange personal information or transact without using The Chocolate Registry Secure Checkout for the purpose of avoiding The Chocolate Registry transaction fees. Members may not misrepresent an item’s location, may not alter the item’s price after a sale for the purpose of avoiding The Chocolate Registry transaction fees, or use another user’s account without permission. Sellers may not charge excessive shipping fees or otherwise avoid fees.
e. Escrow on High-Priced Designer Items
If the seller sells an expensive item or order, there may be a hold on the earnings for 4 days (96 hours) after the delivery date to ensure the buyer receives the order they purchased. The seller’s funds will automatically be released after the holding period.
f. Shop Policies
All sellers are urged to outline shop policies for their The Chocolate Registry shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with The Chocolate Registry’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. The Chocolate Registry reserves the right to request that a seller modify a shop policy.
6. Disputes with Company and Other Users
a. User Disputes
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Website and the Company Services. If you have a dispute with other users, you release Company and hereby agree to indemnify Company from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
b. Resolution of Disputes with Company and Release
In the event a dispute arises between you and Company, please contact us via the website.
c. Binding Arbitration
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Los Angeles. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Company agree that any cause of action arising out of or related to the Website (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Company encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
7. Entire Agreement
These Terms collectively represent the entire agreement and understanding between you and Company and supersede any other agreement or understanding (written, oral or implied) that you and Company may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
8. Force Majeure
Neither you nor Company will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
The Chocolate Registry SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE OR YOUR USE THEREOF. THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT AND LINKS TO OTHER SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY BE CHANGED WITHOUT PRIOR NOTICE. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. The Chocolate Registry MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, ADEQUACY, APPROPRIATENESS, COMPLETENESS, CONDITION, CONTENT, QUALITY, RELIABILITY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEBSITE OR WHETHER SAME WILL BE UNINTERRUPTED. The Chocolate Registry EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
THE INFORMATION CONTAINED ON THE The Chocolate Registry WEBSITE IS PROVIDED FOR EDUCATIONAL AND INFORMATION PURPOSES HEREIN. DUE TO THE RAPIDLY CHANGING NATURE OF THE LAW, The Chocolate Registry DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR AVAILABILITY OF THE CONTENT ON THIS WEBSITE OR ON OTHER SITES TO WHICH IT LINKS.
OTHER THAN AS REQUIRED BY APPLICABLE LAW, IF ANY, IN NO EVENT SHALL The Chocolate Registry OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, COMMUNITY, AFFILIATES, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, AND ANY AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THIS WEBSITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT, REGARDLESS OF: THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME, PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES – EVEN IF The Chocolate Registry HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, INABILITY TO USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THIS WEBSITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE); OR THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). The Chocolate Registry ASSUMES NO DUTY OF CARE AND THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES OR SIMILAR DISABLING DEVICES. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, ADVICE OR OTHER CONTENT AVAILABLE ON THIS WEBSITE.
ALTHOUGH WE MAKE GOOD FAITH EFFORTS TO MAINTAIN A SECURE OPERATING ENVIRONMENT, WE CANNOT GUARANTEE COMPLETE SECURITY. BY VISITING The Chocolate Registry WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD The Chocolate Registry, AND ITS SUBSIDIARIES, COMMUNITY, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Reviews and Comments
If at any time, The Chocolate Registry enables site visitors to post reviews of and comments on products featured on the site, the party posting that comment or review grants The Chocolate Registry and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant The Chocolate Registry and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.
Intellectual Property – All Rights Reserved
All of the information on this website contain copyrighted material, trademarks and other proprietary information, including all text, graphics, software applications, video and audio files and photos (collectively, “content”), and all rights in the pages and the screens displaying the pages are owned by The Chocolate Registry and its community or affiliated entities or their licensors, protected by copyright under United States copyright laws, Florida, and foreign laws. The Chocolate Registry owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of the website or its content, including, but not limited to copy, graphics, photos, web design, and the like for commercial or public purposes or on any other website or in a networked computer environment or engage in any other redistribution or republication of the protected content herein. All rights are reserved, including common law or registered trademarks, service marks, trade names, logos, URLs, domain names, and icons appearing on this website, which are owned by The Chocolate Registry and its community or affiliated entities or their licensors. Nothing on this website grants you any right or license to use any intellectual property including business methods or processes without the express written permission of TasteTV or TCB Cafe Publishing and Media LLC LLC, PO Box 471706, San Francisco, CA 94147. No material appearing on any The Chocolate Registry domain may be copied, distributed, posted, reproduced, republished, sold, transmitted, uploaded, or exploited in any means or for any use not approved of in writing by The Chocolate Registry at the address above. You agree not to copy, duplicate, reproduce, sell, resell or exploit for any commercial purposes, any portion of this website, its use or access to it. You further acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Hypertext Links – Third Party Websites
You may create a text link to the home page of this website only for legitimate business reasons on the condition that it is clear to the users that they are exiting your own website and entering a new website, you do not frame or in-line our website or its content, and you do not create a false association or endorsement or otherwise misrepresent your relationship with The Chocolate Registry. Likewise, as a convenience to you, The Chocolate Registry may provide links to third party websites, or permit third parties to link to this website. Because these other websites are not under our control, we cannot guarantee the quality, accuracy, timeliness or security of those websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than The Chocolate Registry, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A link to or from another website does not necessarily imply an affiliation between The Chocolate Registry and the third party website owner or an endorsement of the third party site or any products or services that it describes. Your access to and use of any other websites linked to or from this website or any result of the presence of third-party advertisers on this website is at your own risk and we assume no obligation or liability in connection therewith. We may disable a link at any time and may remove links from this website at the third party owner’s request.
Products and Services – Disclaimer
Please note that none of the information contained in this website should be viewed as a formal offer to sell or as a direct solicitation to purchase any of our products or services, nor should it be considered advice. Rather, the information on our products and services is provided to you so that you can learn what The Chocolate Registry offer. We may make improvements and/or changes in the products, services and/or programs described on this site at any time without notice. Unless otherwise specified, products and services are available in the United States, State of California. Information on the website may include references to products or services not offered in your state or country or not available for purchase over the Internet in your state or country. Variations in state law may exist, and any statements that are general in nature are subject to change based on such variations. Availability of products or services may be dependent upon state regulations.
International Users – Venue – Choice of Law – Miscellaneous
These Terms and any operating rules for this website established by The Chocolate Registry constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of The Chocolate Registry, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. This website is controlled and operated by The Chocolate Registry from offices within the Orange County, Florida, United States of America where you submit to the exclusive jurisdiction and venue of the courts. We make no representation that materials at this website are appropriate or available for use outside of the United States or that access to their content from all territories is legal. You may not use the website or export the website materials in violation of U.S. laws and regulations. If you access this website from locations outside of the United States, you are responsible for compliance with all local laws. These terms and conditions which you have agreed to by visiting this website must be governed by the laws of the United States and of the State of Florida, without giving effect to its conflict of laws provisions.
Ordering Products and Services
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of The Chocolate Registry websites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the The Chocolate Registry website or use the The Chocolate Registry website services.
All ordering is performed online. You will typically be billed directly by The Chocolate Registry for your orders, and “The Chocolate Registry or TasteTV” will be the name that appears on your payment records, but The Chocolate Registry shall not in any manner be considered the seller of the food. On occasion, credit card information will be provided to the Chocolatiers, and in such case, the Chocolatier will bill you directly. You will be notified at the time of purchase if the Chocolatier will be billing you directly. In such case, you hereby authorize The Chocolate Registry to transfer your credit card information to the Chocolatier for processing.
Prices and Availability
All prices listed on The Chocolate Registry websites are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Chocolate Registry shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card account charged. If your credit card account has already been charged for the purchase and your order is canceled, The Chocolate Registry shall immediately issue a credit to your credit card account in the amount of the charge.
The availability of products or services and other items on each of The Chocolate Registry websites may change at any time, without notice.
Terms of Purchase
Payment is due at the time of order. You agree to pay all fees and charges incurred in connection with your purchases including any sales taxes, surcharges and any delivery fees for the delivery service you select. The final charges for your order may be different than those stated on the website. The Chocolate Registry does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. The Chocolate Registry may require additional verification or information before accepting any order.
By selecting to pay via credit card as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit card number information and associated payment information, including, but not limited to, the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. If The Chocolate Registry does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by The Chocolate Registry or its agents. The final charges on your credit card may be different than those stated on the website.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges, if any. The Chocolate Registry does not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Without limiting other remedies, The Chocolate Registry reserves the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify The Chocolate Registry acceptance of your order, nor does it constitute confirmation of The Chocolate Registry offer to sell. The Chocolate Registry reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Chocolate Registry reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. The Chocolate Registry may require additional verifications or information before accepting any order. Your order is not accepted until The Chocolate Registry sends you a receipt and/or pick-up information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if The Chocolate Registry cancels all or a portion of your order or if The Chocolate Registry provides you less than the quantity you ordered, your sole and exclusive remedy is either (a) The Chocolate Registry will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) The Chocolate Registry will not charge your credit card for the cancelled portion of the order or the quantity not provided.
Questions and Suggestions
If you have questions or suggestions, please contact us via this website.
This agreement to which you consent constitutes the entire agreement between you and The Chocolate Registry and its affiliated companies with respect to your use of our website.