Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, and "Us" refers to The Chocolate Shoppe. “Party”, “Parties”, or “Us” refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs regarding provision of the Company’s stated products and/or services according and subject to, prevailing United States Law. 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.
Privacy Statement
We are committed to protecting your privacy. All information collected by The Chocolate Shoppe from individuals using chocolatefixeseverything.com will be used for providing those individuals with information about our products and/or services only if the individual is clearly notified and/or has requested to receive such information. We constantly review our systems and data to ensure the best possible service to our customers. There are specific U.S. laws and offenses for unauthorized actions against computer systems and data. We will investigate any such actions up to prosecution and/or taking civil proceedings to recover damages against those responsible.
Confidentiality
All Customer records are regarded as confidential and therefore will not be divulged to any third party, other than our supplier(s) and if legally required to do so to the appropriate authorities. Customers have the right to request sight of, and copies of any Customer Records we keep, on the condition that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued related to the provision of our services. Where appropriate, we shall issue Customer’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be related to the provision of agreed services and products.
Disclaimer
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including or related to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or connected with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
All major Credit/Debit Cards accepted for payment of products and/or services. All products and or services remain the property of The Chocolate Shoppe until paid for in full. All payments are required at the time of purchase. Any refunds are subject to our refund policy.
Any returned transactions will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second returned transaction, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until all outstanding funds are recovered in full.
Cancellation Policy
Minimum 24 hours notice of cancellation required. Notification must be done by either phone or by filling out the form on our contact page. To cancel you must provide your contact information including your name, phone number, and email address and you must provide the order number for your purchase.
Termination of Agreements and Refunds Policy
Both the Customer and ourselves have the right to terminate any services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all practical purposes, underway. Any funds that have been paid to us which constitute payment concerning the provision of unused services, shall be refunded.
Availability
Unless otherwise stated, the products and services featured on this website are only available within the United States, or related to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of The Chocolate Shoppe. We not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this company for the purposes previously stated. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites www.chocolatefixeseverything.com uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the The Chocolate Shoppe’s products and services and the full content of this website.
The Chocolate Shoppe’s logo is a registered trademark of this The Chocolate Shoppe in the United States and other countries. The brand names and specific products and services featured on this web site are trademarked and are the property of their respected owners. Any breach of those copyrights and/or trademarks are subject to the rules, provisions, and laws by each individual company.
Communication
We have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact link on our website, literature, stated telephone, facsimile, and/or mobile telephone numbers.
The Chocolate Shoppe is located in the United States at 1353 West County Road 100 South, New Castle, IN 47362.
Unavoidable Events
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any act of God, civil or military authority, or any other natural or man made event outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party without delay and shall make all reasonable attempts to comply with the terms and conditions of any agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he, she, or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a weakening of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties.
General
Theses terms and conditions are governed by the laws of the United States and the state of Indiana. By accessing this website and using or buying our products and services you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. and specifically Indiana courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of The Chocolate Shoppe to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each provision. These terms and conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of The Chocolate Shoppe.
Notification of Changes
The Chocolate Shoppe reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the agreement between the customer and ourselves. Your accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein. Your statutory and federal consumer rights are protected.
