chocri's Terms and Conditions
These terms and conditions (the "Terms") govern the order and purchase by you of any chocri chocolate candies, including chocri chocolate candies (Product) and custom-designed chocri chocolate bars and any merchandise (Merchandise). By using this Site and/or placing an order for Product, you accept and agree to be bound by these Terms.
2. PRODUCT AND MERCHANDISE ORDERS
(a.) Pricing. Pricing, payment and other terms applicable to Product and Merchandise purchases, including, but not limited to, any applicable set-up fees, are set forth on the Site and incorporated into these Terms by reference. chocri may, in its sole discretion, change any such prices or other terms at any time without notice.
(b.) General Requirements. By placing an order, you represent and warrant to chocri that:
• You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
• If you are an individual consumer, the Product and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes.
• If you are a business, the Product and/or Merchandise is being ordered solely to promote your own products or services by distributing the Product and/or Merchandise to Customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the Product or Merchandise.
• You will handle, store and transport all Product in accordance with applicable laws and regulations and in a clean and sufficiently odorless environment so that the Product is not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Product.
(c.) Custom-printed Orders. In addition to the general requirements set forth above, by placing an order for custom-designed Product and/or Merchandise (“Custom Items”) requesting use of a photograph, logo, name, trademark, tradename or other mark (“Customer Marks”), you represent and warrant that:
• you will not submit any "objectionable" material for inclusion on the Custom Items;
• the Customer Marks you submit for inclusion on the Custom Items will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party;
• you are solely responsible for and assume all liability arising from the Customer Marks or other material that you request be included on the Custom Items; and
• you have the unrestricted right to grant the license and there are no third party claims challenging the validity or ownership of the Customer Marks.
As between you and chocri, all intellectual property rights in the Custom Items will be and remain the exclusive property of chocri (except for the Customer Marks, which will be and remain your exclusive property) and you will not acquire any rights of any nature in such intellectual property as a result of your purchase or use of the Custom Items. chocri will not sell or distribute the Custom Items to any third party without your express prior written approval.
(d.) Order Acceptance. All orders are subject to acceptance by chocri. chocri must and does reserve the absolute right to reject orders in its sole discretion.
3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS
For Merchandise and Custom Items:
You may check the status of your order with our Customer Service. Please contact us via Mail: firstname.lastname@example.org. If the status of your order is stated as 'shipped,' we are unable to add to, change or cancel your order. If your order has not yet been shipped, you may contact our Customer Service via mail: email@example.com, and a representative will gladly assist you with your changes or cancellation.
4. CUSTOMER SERVICE: SHIPPING & RETURNS
Custom Items may be returned for a 100% money back guarantee. If your Custom Item order arrives damaged or incomplete and you notify us of the problem within 14 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product. In case your order does not arrive within 14 days, we will immediately refund you. Therefore we will kindly ask you to choose one option:
Option 1: Allow us to remake and resend your chocolate bars. Your chocolate bars should arrive in 2 weeks, and once customs clears the shipment, you'll receive your order twice, for the price of one.
Option 2: We’ll email you a gift code for the value you spent on the chocolate bars. You can use the gift code yourself or give it to someone as a gift card. Once customs clears your original order, we’ll still send it on.
5. FORCE MAJEURE.
Notwithstanding any other provision of these Terms, if chocri is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, chocri will not be liable for damages resulting from such delay or prevention. chocri will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.
You agree to defend, indemnify, and hold harmless chocri, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, (iv) breach of any provision of these Terms by you or any third party using your account or password; (v) Content; and/or (vi) your use of the Site.
chocri may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Product and/or Merchandise and the availability of any information, without prior notice or liability. chocri reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.
8. WARRANTY DISCLAIMER
CHOCRI PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOCRI DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.
9. LIMITATION OF LIABILITY
In no event will chocri be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Product or Merchandise, even if chocri has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superceded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of chocri. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy of the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.
Plauener Str. 163-165
Date: March 2012