PURCHASE TERMS AND CONDITIONS
1. Agreement: Unless otherwise mutually agreed in writing, these Purchase Terms and Conditions contain the entire agreement between the Parties with respect to the purchase of products and/or services (the “Goods”) from www.thechocolatenation.com (the “Site”). If contrary terms or conditions are set forth in a written agreement signed by both Pairings, LLC d/b/a The Chocolate Nation (“Seller”) and any given purchaser, then that agreement shall control except to the extent it is silent or ambiguous, in which case these Purchase Terms and Conditions will control. Placing an order for Goods from or through the Site establishes acceptance of these Purchase Terms and Conditions, and any previous or different terms and conditions are superseded hereby in their entirety. Seller’s relationship with any given purchaser is purely on an at-will basis, isolated to each individual order, and Seller reserves the right to cancel an order, terminate sales and/or end the purchasing relationship at any time. The purchaser’s purchase of Goods from the Site will be governed by the laws of the State of New York.
2. Pricing, Payment: Pricing for a placed order will be as stated on the order form. Seller reserves the right to increase prices for future orders upon changes to the Site or otherwise notice. Full payment is required upon placement of an order. Once an order has been placed it may not be cancelled or modified.
3. Shipping and Delivery Terms, Transfer of Title and Risk of Loss: Seller shall exert reasonable efforts to ensure that all orders are timely delivered by the third party manufacturer/supplier of the ordered Goods. All Goods are shipped via UPS. Various shipping options are offered to the purchaser during the order checkout process, based upon the Goods being ordered, the time of year, the “ship to” address, and the day of the week the order is being placed. During certain warmer months, more limited shipping options may be available, due to the fragile nature of the Goods. Seller disclaims liability for delayed orders due to causes beyond Seller’s control, including causes attributed to the third party manufacturers/suppliers of the Goods, and including costs or liabilities associated with delivery delays caused by weather conditions, provided shipping address errors, or product quality problems due to improper handling after delivery. Title and risk of loss to the Goods shall pass to the purchaser or recipient upon delivery at the purchaser’s provided delivery address. The purchaser is also responsible in the event that delivery is unable to be made at purchaser’s provided delivery address for any reason.
4. Quality Warranty: AS ITS SOLE AND EXCLUSIVE WARRANTIES RESPECTING THE GOODS AND/OR ANY PURCHASE AND SALE TRANSACTION WITH THE PURCHASER, Seller represents and warrants that at the time of delivery to the purchaser/recipient, (A) the Goods are not knowingly adulterated, misbranded, falsely labeled or advertised, within the meaning of any local, state or federal laws now in force; and (B) the Goods do not knowingly infringe upon or violate any patent, copyright, trademark, trade name or other third party rights. ALL OTHER WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS OF PURPOSE, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITATION, NO WARRANTIES WHATSOEVER RESPECTING ALLERGENS ARE INTENDED, OR ARE MADE, RESPECTING THE GOODS, as most of the Goods are made in kitchens, plants and facilities that also regularly handle and work with tree nuts, peanuts, eggs, milk and other common allergen ingredients.
5. Damaged or Defective Goods: In the event that the Goods are damaged or defective as of the time of delivery, or otherwise in the event of Seller's breach of the warranties specified herein, then as purchaser's sole and exclusive remedy, purchaser may obtain replacement Goods or a refund of the portion of the order that is damaged, as mutually agreed with Seller and the manufacturer/supplier of the applicable Goods. In such event, purchaser shall promptly (within 36 hours of delivery) notify Seller of the damage or defect, and provide documentation (including pictures) if and as requested and appropriate. Returns will only be accepted in situations involving damaged or defective Goods. In no event shall Seller be responsible to, or liable to purchaser for, any direct, indirect, consequential, incidental, special, or punitive damages (including without limitation, any claim relating to lost profits, economic loss, or loss of business opportunity) respecting any claim made by purchaser whatsoever.
6. Waiver and Limitation of Remedies: PURCHASER HEREBY EXPRESSLY WAIVES ALL RIGHTS AND REMEDIES AVAILABLE UNDER THE UNIFORM COMMERCIAL CODE, OR ANY OTHER APPLICABLE, SUBSTANTIALLY SIMILAR STATE LAWS, RESPECTING THE GOODS AND/OR THE TRANSACTION HEREUNDER, EXCEPT AS OTHERWISE PROVIDED HEREIN. All purchaser claims of any nature whatsoever relating to an order for Goods, the sales transaction or any other matter between the parties must be asserted within 30 days of delivery of the Goods, or the same shall be deemed waived, null and void and of no further effect.
