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Terms & Conditions
Welcome to chocolatepink.com (“Website”). This Website is owned by Chocolate Pink LLC. When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these TERMS & CONDITIONS.
These Terms May Change
Chocolate Pink reserves the right to update or modify these TERMS & CONDITIONS at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the TERMS & CONDITIONS as changed. For this reason, we encourage you to review these TERMS & CONDITIONS whenever you use the Website.
Site Contents
All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Chocolate Pink, one of its affiliates or by third parties who have licensed their materials to Chocolate Pink. The entire content of the Website is copyrighted as a collective work under
Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Chocolate Pink on or by the Website or otherwise disclosed, submitted or offered to Chocolate Pink (collectively, "Comments") shall be and remain Chocolate Pinks property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Chocolate Pink of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Chocolate Pink is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments.
You agree that no Comments submitted by you to Chocolate Pink will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
Messages
You may not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to a third-party through the use of any of the various Chocolate Pink messaging services available to customers (“Message”), including, without limitation, gift messages, greeting cards, gift certificate emails, and messages sent when forwarding product information. Examples of the kinds of conduct or content that are prohibited in a Message include:
The transmission of any content that could violate, or could facilitate the violation of, any applicable law or regulation;
The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
The impersonation of any person or entity in any part of any Message.
We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Chocolate Pink customers, or any third party.
Privacy and Your Information
Your information is subject to Chocolate Pinks Privacy Policy. For more information, see our full PRIVACY POLICY found on the Website. You agree to the use of your information in accordance with our Privacy Policy.
Inaccuracy Disclaimer
From time to time there may be information on the Website, in an email to you or in direct mail sent to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Chocolate Pink reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Password Security
If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Links
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Chocolate Pink has no control over such sites and resources, Chocolate Pink is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Chocolate Pink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Product Information
Some of the products displayed on the Website are available in select Chocolate Pink stores. In some cases, merchandise displayed for sale on the Website may not be available at Chocolate Pink stores. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the
Colors
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED BY CHOCOLATE PINK ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHOCOLATE PINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHOCOLATE PINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHOCOLATE PINK DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CHOCOLATE PINK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER CHOCOLATE PINK, ITS CORPORATE PARENT(S), OR AFFILATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold Chocolate Pink and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.
User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
Termination of Usage
Chocolate Pink may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that Chocolate Pink, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Chocolate Pink, or its corporate parent(s) or affiliates.
Termination of Order
Chocolate Pink reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase; ability to fill order based on quantity of order and time allowance; inaccuracies or errors in product or pricing information; or problems identified by our credit and fraud avoidance group. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Applicable Law
These Terms of Use shall be governed in all respects by the laws of the State of
Waiver
The failure of Chocolate Pink to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Severed Provisions
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
SECURE ORDERING
Your online credit card transactions are secure with chocolatepink.com. We use Secure Socket Layering (SSL), the industry-standard encryption technology that ensures safe Internet transmission of your personal information. When the letters “http” in the URL change to “https,” the “s” indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you are about to enter a secure area.
Making a credit card purchase is just as safe on the Website as it is by Telephone, but if you prefer the latter, you may purchase online merchandise by calling 1.877.745.9292 from 10:00am to 7:00pm EST, Tuesday through Friday. One of our customer service associates will gladly take your order.
Basic Browser Requirements
Our site works best with Netscape Navigator 6.x or above, Internet Explorer 5.x or above, AOL 6.x or above, or Mozilla 1.x or above. Some features may not work properly if you are using a different browser, and checkout will not be possible. You may download the latest browser versions from their respective websites.
Macintosh Users
If you are using Mac OS X 10.4 or above, you may use Apple's Safari browser. Otherwise, you may need to use a browser such as Netscape or Firefox to receive advertised discounts and complete your shopping. You may download the latest compatible browsers from their respective websites.
Cookies
In order to use the chocolatepink.com Website, your Web browser must be set to accept cookies. To set your browser to accept cookies, look under “Preferences” or “Options” in your browser.
Java Scripting
In order to use the chocolatepink.com Website, your Web browser must be configured to use "Java Scripting." To set your browser to use Java Scripting, look under "Preferences" or "Options" in your browser.
Flash
In order to use some aspects of our website (zoom, for instance) you will need to have Macromedia Flash Player/Plug-in 6.0.65 or higher installed. You may download the latest version from their respective website.
Pop-Up Windows
Our site uses pop-up windows to enhance your shopping experience. Please turn off any software that disables such windows, so that you will be able to shop.
OUR GUARANTEE
You Must Be Delighted
You and those who receive your gifts must be delighted, or we'll make it right with either an appropriate replacement or a full refund - whichever you prefer. Because of the perishable nature of most of our gifts we do not accept returns.
Canceling An Order
If your order has not shipped, you may cancel it for any reason. Customers may cancel by calling 1.877.745.9292 from 10:00am to 7:00pm EST, Tuesday through Sunday. Please have your order number ready for faster, more accurate service.
Substitutions and Arrival Dates
If the item of your choice is unavailable or does not meet our high standards for quality, we may need to substitute an item of equal or greater value.
PROCESSING & SHIPPING
How and When We Ship
We generally process orders within 48 hours of the date it was submitted, with exception to holiday sales volumes and seasonal changes that may delay processing. Orders are then shipped according to the service selected at the time of order.
We use only the most effective delivery services available to guarantee that your order arrives on time and in good condition. Through a special arrangement with FedEx and PeriShip your packages will be handled with care. Perishable items such as those in the BAKERY and CHOCOLATE TRUFFLES categories are sent overnight to arrive next business day.
Shipping Services
FedEx Standard Overnight - Delivery time: next business day by 3pm to most areas
FedEx 2 Day – Delivery time: 2 business days by 4:30pm to most areas, by 7pm to residences. This service is not available for BAKERY or CHOCOLATE TRUFFLES category items.
FedEx Express Saver – Delivery time: 3 business days by 4:30pm to most areas, by 7pm to residences. This service is not available for BAKERY or CHOCOLATE TRUFFLES category items.
In Store Pick Up – Your order will be available for pick up after 11:00am on the second day of date order was placed. (Example: Order placed on Monday can be picked up after 11:00am on Wednesday)
Processing & Shipping charges are based on regular price of merchandise. Charges are intended to compensate our company for costs incurred to process, prepare, and transport your order and to cover related customer service.
To ensure that your gift arrives in perfect condition, we recommend shipping to a street address, not a P.O. Box. The items will arrive no later than the Friday for the week they are shipped. They will not arrive on Saturday.
Chocolate Pink does not offer shipping to
Chocolate Pink does not offer shipping to
Delivery Guarantee
While we make every effort to ensure the accuracy of all information, we reserve the right to make corrections if an error does occur. Please check all addresses carefully. Postal and delivery services will not forward. We guarantee delivery only to the addresses we are given.
All shipments are FOB Chocolate Pink,
Gift Messages
You may include one complimentary gift message with your order by entering the specific wording in the GIFT MESSAGE box during checkout. Message must be 50 characters or less including spaces.
Don't forget!
If it is too late for a specific occasion, order a special Chocolate Pink Online Gift Certificate that will be emailed to the recipient so they can begin shopping right away! Click on GIFT CERTIFICATE on the left menu for more information.
Order Status & Tracking
Chocolate Pink customers who place an order while logged into My Account on the Website may view their order status online. We will send a confirmation email of your order, including when your order ships and any communication relevant to your order such as FedEx tracking details, to the email address you provided when ordering.
Payment
For Internet, Telephone and FAX orders, we accept VISA, MasterCard, and American Express. Your credit card will be charged within 48 hours of the time you place your order, prior to shipping. Chocolate Pink e-Gift Certificates may also be used as payment.
Sales Tax
We must collect state and local taxes for shipments to the following states: GA. We are obligated to collect tax at the rate in effect for the jurisdiction to which the products are shipped, and we are obligated to collect tax in additional states if we establish a presence in those states. The taxability of food and candy, or products combined with food or candy, varies by state. We automatically calculate taxes for Internet, Telephone and FAX orders.