Terms & Conditions
TERMS & CONDITIONS
WELCOME TO COCOA PARLOR
These terms and conditions outline the rules and regulations for the use Cocoa Parlor Website.
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Cocoa Parlor’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Cocoa Parlorand/or it’s licensors own the intellectual property rights for all material on Cocoa ParlorAll intellectual property rights are reserved. You may view and/or print pages from www.cocoaparlor.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from www.cocoaparlor.com
Sell, rent or sub-license material from www.cocoaparlor.com
Reproduce, duplicate or copy material from www.cocoaparlor.com
Redistribute content from Cocoa Parlor(unless content is specifically made for redistribution).
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Cocoa Parlor does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Cocoa Parlor, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Cocoa Parlor shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Cocoa Parlor reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Cocoa Parlor a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Web site without prior written approval:
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Cocoa Parlor; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use Cocoa Parlor logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
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REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent (or links to online products) until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
After you have placed your order:
You will receive an email to acknowledge your order. It will confirm which products you have ordered. This email is not an order acceptance from us.
We do not have to accept your order, and for example, we will not accept your order if:
We do not have the products in stock
Your payment is not authorized
There is an error on our website regarding the price or other details of the products
We reserve the right to refuse any order.
In the event that an error is made by the customer in ordering, Cocoa Parlor are not responsible for this error. We will do our best to resolve any issues with customers, but once an order is shipped, we cannot make changes to the order.
Once an order is submitted, we cannot change the shipping address, quantity, or type of chocolate ordered by a customer.
While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If products you have ordered are unavailable, you will be notified as soon as possible.
The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed. There are no retroactive discounts or price changes.
Your payment card will be debited for your order at the time the order is placed. By submitting an online order with Cocoa Parlor, through the Cocoa Parlor website, you expressly agree not to request a ‘charge back’ of any fees or payments for said orders, and that no dispute with Cocoa Parlor, will be raised with or adjudicated by the credit card company. Rather, you agree to contact Cocoa Parlor, directly to resolve the issue or obtain a refund pursuant to the product guarantee.
Where an offer mentions that an item is reduced in price, eg: half-price, the discount will be calculated at checkout before any postage or packaging charges are applied. Only one promotion may be used at a time. You must hit the APPLY button when you enter a discount code for it to be activated. If a discount code is not applied, no retroactive discounts will be awarded. If you have trouble with a discount code on a mobile device, try ordering through your desktop or laptop computer. All discounts are offered at the sole discretion of Cocoa Parlor may be revoked at any time.
Placed before 11am EST on Wednesday will ship the same week. Orders placed after 11am EST on Wednesday will ship the following Monday. We will not ship to PO Boxes. All shipments are shipped with temperature control materials but Cocoa Parlor cannot guarantee the quality of products if they are delayed in shipping or left unattended or unpacked (especially in heat) for any period of time.
CHOCOLATE GIFT CARDS
are delivered electronically (via email) at time of purchase.
STORE GIFT CARDS
are, for the time being, issued manually from our store and physically sent to the purchaser. Please call the store directly or email email@example.com for questions related to Store Gift Cards. Store Gift Cards can also be purchased at the physical restaurant location.
Please see individual product sales pages and check-out for information about delivery and shipping charges, where applicable.
For products that require shipping, we will email you as soon as your order has been shipped, and will advise of the shipping method (if any) at that time. Most orders ship two-day (either ground or air). At this time we do not offer any overnight or expedited services.
We do not accept returns of chocolate.
CHANGES TO TERMS & CONDITIONS FOR BUYING PRODUCTS ONLINE
We reserve the right to change these Terms & Conditions for buying products online from time to time. If this happens, we will notify you by posting the new Terms & Conditions for buying products online on the website. If you do not wish to be governed by the revised Terms & Conditions for buying products online, you must not place any further orders.
These Terms & Conditions for buying products online are governed by the law of the United States and the State of New York and you and we agree to use the New York courts should any dispute arise.
If any part of these Terms & Conditions for buying products online is found to be invalid by law, the rest of them remain valid and enforceable.