Sacred Chocolate: Raw, Stone-Ground, Organic & Vegan > Terms & Conditions (“Agreement”)

Terms & Conditions (“Agreement”)

Terms & Conditions (“Agreement”)

CONDITIONS OF USE

(There are a few “rules of the (cyber) road” that our visitors must follow when using this web site (“Site”), so we ask that all of our visitors read these Terms & Conditions carefully, especially the disclaimers and limitations of our liability, since use of this Site constitutes your acceptance of, and agreement with, the Terms & Conditions set out in this Agreement.)

Welcome to our web site!  Thank you for visiting us, and for shopping with SacredChocolate.com.  Please read these Terms & Conditions before using this Site.  This Site is owned and operated by Sacred Chocolate, LLC.  Your use of this Site is subject to the following Terms & Conditions and constitutes your acceptance of these Terms & Conditions.  We operate this Site for the purposes of advertising and selling our products and services to our customers and potential customers, educating the public about the benefits of and science behind our specialized products, and entertaining the public.  By using this Site, you signify your acceptance of all of these Terms & Conditions in return for which we will provide you with access.  We do not intend to make changes to our Terms & Conditions very often but reserve the right to do so.  However, to ensure our mutual understanding and agreement please continue to fully read and understand the Terms & Conditions every time before accessing or using this Site.  It is always a good idea to double check when you visit this Site to ensure that you have fully read and agree with our most current Terms & Conditions.  Any change in our Terms & Conditions will be prospective only.  We generally do not make any changes to our Terms & Conditions that have a retroactive effect unless legally required to do so.  Your continued use of this Site after that time will constitute your acceptance of any new or amended terms.  If at any time, you do not wish to accept these conditions then do not use this Site.

Privacy & Security

Please ensure that you fully read and understand our Privacy & Security policy and any consent at registration or application areas, to learn about what personal information we collect at this Site, how we handle it, and for what purposes we use it.  Your use of this Site constitutes your agreement with our Privacy & Security policy.

Claims

FDA Statement:  Information within this Site is for educational purposes only.  The U.S. Food & Drug Administration has not evaluated statements on this Site.  Products and information on this Site are not intended to diagnose, treat, cure, or prevent any disease.  Sacred Chocolate, LLC representatives are not medical doctors and cannot give medical advice.

Please fully read and understand Sacred Chocolate, LLC’s Disclaimer.  Your use of this Site constitutes your full understanding of and agreement with our Disclaimer.

Transactions

These Terms & Conditions apply to all of your purchases from Sacred Chocolate, LLC, whether from this Site’s online store (SacredChocolate.com), via telephone or fax, or in person.

Acceptance

We will confirm acceptance (or otherwise) of your order as soon as possible, either by email (if your order is placed through this Site) or by telephone or email (if your order is placed over the telephone or by fax).  A binding transaction arises once we accept your order and full payment has been received.

Payment

You may pay for your order by Visa, MasterCard, Discover, AMEX, PayPal, eCheck, money order, traveler’s check, check, or cash. We take all reasonable care to keep your order details and payment secure.  Payment by money order, traveler’s check, or check, may delay your order up to two to three weeks, so please plan accordingly.

Electronic Receipts

If you place an order through this Site, you will only obtain an emailed receipt of the transaction.  Please print this receipt for your own records if desired.  We do this to save on valuable resources and to minimize our footprint/impact on mother earth as much as possible.

Shipping Policy

We use USPS.com and FedEx.com to ship regular orders.  You will be able to choose your desired specific shipping method during your online ordering and checkout process on this Site.  However, please note that from time to time, Sacred Chocolate, LLC, will choose an alternative shipping method based on current shipping rates and transit times.  All orders are shipped Monday through Friday, except on holidays.  Orders received after 12:00 pm (noon) PST, will be shipped the following business day at the very earliest. We will do everything possible to ship your orders within 24 to 48 hours after receipt.  If you need your order expedited, please call +415-883-1311 for possible scheduling and expedited shipping rates, or email us through our online web form on our Contact Us page.  Shipping for Saturday delivery is possible with an extra shipping surcharge.  All regular shipping charges (if applicable) will be added to your total order once you login to this Site and complete your order.  When you place an online order through this Site, a tracking number will be sent to you via email.  If you place an order via phone or fax, you must request this tracking number to be sent to you via phone, fax, or email.  This service is for your information only, and although every effort is made to give accurate information, we cannot guarantee delivery on the exact date mentioned by this system.  NOTE:  IF YOUR ORDER IS RETURNED TO US AT SACRED CHOCOLATE, LLC'S EXPENSE FOR WHATEVER REASON WHATSOEVER, SACRED CHOCOLATE, LLC  IS ENTITLED TO RECOVERING ALL ASSOCIATED COSTS INCURRED AS A RESULT AND IS AUTHORIZED TO COLLECT FUNDS IMMEDIATELY BY ANY MEANS INCLUDING CHARGING YOUR CREDIT CARD WITH WHICH YOU USED TO PLACE THE ORDER WHICH WAS RETURNED TO US AT OUR EXPENSE.  SACRED CHOCOLATE, LLC IS NOT RESPONSIBLE FOR THE ACCURACY OF ADDRESS INFORMATION INPUTTED INTO OUR WEBSITE AT TIME OF ORDER PLACEMENT.

SPECIAL WARM WEATHER PACKAGING REQUIREMENTS FOR CHOCOLATE

Should we determine that Sacred Chocolate, Sacred Cacao, or other meltable chocolate products in your order might experience adverse warm weather conditions that could potentially melt your chocolate; our logistics department will use special thermally insulated shipping materials to protect your products and prevent them from melting.  In addition, if the shipment is traveling a relatively large distance, we may enforce that the shipment ships via an air service as opposed to shipping on the ground to ensure your chocolate arrive without heat damage.  This will add cost to your total shipping cost.  If you order other products that do not require thermal protection, they will be split out from your order and shipped separately via ground in order to save on shipping costs, unless you instruct us otherwise, or if the difference in cost is minimal.  From time to time, we will run promotions on our site to encourage the reuse of this specialized thermally insulating shipping and storage materials in order to encourage you to save on resources and minimize any adverse effects on mother earth.  However, we believe you should take the responsibility do this in any case.  Sacred Chocolate, LLC is constantly researching new cutting edge thermally insulated shipping materials, processes, and systems in order to minimize cost, resources, and any negative impacts on our mother earth.

NOTE:  SHOULD YOU RECEIVE A PACKAGE FROM US THAT CONTAINS CHOCOLATE AND IS WARM TO THE TOUCH, PLEASE RELOCATE THAT PACKAGE IMMEDIATELY TO A COOL ENVIRONMENT (below 75 degrees Fahrenheit) AND AWAY FROM DIRECT SUNLIGHT.  IN THIS EVENT, DO NOT OPEN THE PACKAGE.  INSTEAD, LET THE PACKAGE COOL OFF FOR 24 HOURS BEFORE OPENING THE PACKAGE AND EXAMINING THE CHOCOLATE FOR HEAT DAMAGE.

AVAILABILITY

All items are subject to availability.  We can only guarantee availability while stocks last.  If the products ordered are unavailable, we will contact you with suggestions of products of equivalent quality and price.

Please take note that possible delays in shipping your order may occur under the following conditions:

1) Sometimes there is a delay in updating inventory on this Site due to excessive demand for our products, especially around holiday seasons.  Therefore, it is possible that you could order something that is out of stock temporarily.  Should this occur, every effort will be made to contact you regarding the back order; and, you will be given the option to modify your order so that shipping is not delayed more than necessary; and/or 

2) Please keep in mind that Sacred Chocolate, LLC is a small, artisanal, "slow food" chocolate and nut butter maker.  Some of our ingredients are seasonal in nature, and therefore may cause delays in product availability.  Furthermore, our processes are delicate and complex and can be affected by conditions out of our control, such as temporary power outages, adverse weather conditions, and/or other acts of God, etc.  This may also have an effect on timely shipment of your order.

Cancellations & Returns

Once Sacred Chocolate, LLC has received your payment, the transaction is binding.  No cancellations are accepted.  ALL SALES ARE FINAL.  Only under very rare circumstances, will a cancellation or refund be considered.  Should you want to request a cancellation or refund, please contact us through our online web form or phone customer service at +415-883-1311.  No cancellations or returns are accepted without prior approval from Sacred Chocolate, LLC management. Should a refund be granted, you agree to pay for return shipping.  After the product is returned and inspected, if the product is in acceptable condition to be restocked, you will receive a credit to your credit card minus a 20% restocking fee.  Check refunds will be charged a 15% restocking fee. Store credits will be charged a 10% restocking fee. If you prefer an exchange, please indicate the product for which you would like to exchange.  Any difference in price will be either given as a store credit or charged to your credit card on file.  Please consider that no refunds, credits or exchanges will be granted after 7 days from proof of delivery.

We provide you with the opportunity to sample our products through ordering small sample packs.  We encourage you to order these samples first if you have never tried our products in order to avoid any disappointments you may experience with our products.

Opened food products are not returnable. If you have a problem with any perishable food product (e.g., heat damage to a meltable chocolate product) please call customer service at +415-883-1311 in order to discuss your options.

Should a return be granted, please RETURN ALL ORIGINAL SHIPPING AND PACKING MATERIALS, PRODUCT PACKAGING, WRAPPERS, LABELS, AND PRODUCTS to:

Sacred Chocolate, LLC
Attention: Returns
24 Digital Drive # 10
Novato, CA 94949 USA

Customer Service

If you have any questions or require further information regarding our products or your purchase, please feel free to call us at +415-883-1311 and we will be glad to assist you.  Our phones are attended Monday through Friday (except holidays) 10 am to 4 pm PST.  Alternatively, you can e-mail us by clicking here.

Product Descriptions

We have made every effort to display as accurately as possible the dimensions, weights, and colors of our products that appear on this Site. However, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the actual product.  In addition to that, from time to time, packaging styles and colors change, which may not be reflected on our Site; or, the Site may not have been updated to reflect these changes between the time they occurred and the time you viewed the Site.  While we try to be as accurate as possible, all sizes, shapes, weights, colors and dimensions displayed are approximate.

Proper Care and Handling of your Purchased Products.

Always refer to all labels and instructions concerning the care, proper storage, consumption, operation, and maintenance of the products purchased from Sacred Chocolate, LLC.

Affiliate Policy

Our affiliates and links to this Site (www.SacredChocolate.com) are not liable for any adverse effects to any product sold on this Site, nor are they held responsibility for any advice giving throughout the Site or of the books that are sold on this Site or of any links provided on this Site.  Please see our Disclaimer for further information.  If you are an affiliate, please fully read and understand our Affiliate Terms & Conditions.

Feedback Regarding your Purchase & Website Experience

We welcome your feedback!  Please tell us how we are doing and how we can do it better.  We welcome your comments on any aspect of our service to you including your experiences using our web site, so please feel free to contact us with your comments by contacting us through our online Contact Us web form, or by contacting us by phone at +415-883-1311 Monday through Friday (except holidays) from 10 am to 4 pm PST.


Intellectual Property Ownership

Use of Materials on Site

Sacred Chocolate, LLC maintains this Site for your personal entertainment, information and education; and, to conduct business with you.  The trademarks, service marks, brand identities, titles, characters, trade names, graphics, designs, copyrights and other properties appearing within Sacred Chocolate, LLC's Site (www.SacredChocolate.com) are protected intellectual properties used by Sacred Chocolate, LLC and its licensed affiliates and business partners.  These properties may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may, for personal and non-commercial use only, download one copy onto your personal computer.  In order to protect these valuable assets, Sacred Chocolate, LLC must prohibit other uses without its prior written consent.  Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.  Although you can copy any part of this Site to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Site into any other work, including your own web site, or use the Content in any other public or commercial manner.  That means you may not post or redistribute any portion of this site unless you have a license from us to do so. That also means that Sacred Chocolate, LLC retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.  You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content.  If you want to link to the home page of this site, which is http://www.SacredChocolate.com, that is OK, but please do not use our Content in your own site.  You may not deep link (i.e., link to any page other than the home page) to this Site without our specific written permission.

Copyrights

All copyrights and other intellectual property rights in the artwork, images, graphics, text, video and audio clips, trademarks, logos and other content available on this Site (“Content”) are owned by Sacred Chocolate, LLC or used with permission.  Unless otherwise noted, copyright law protects all Content on Sacred Chocolate, LLC’s Site and therefore may not be used, except as provided in these Terms & Conditions or in the text on Sacred Chocolate, LLC’s Site, without the written permission of Sacred Chocolate, LLC. Sacred Chocolate, LLC neither warrants nor represents that your use of materials displayed on Sacred Chocolate, LLC's Site will not infringe rights of third parties not owned by or affiliated with Sacred Chocolate, LLC. Images, photographs, or illustrations displayed on Sacred Chocolate, LLC's Site are either the property of, or used with permission by, Sacred Chocolate, LLC. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms & Conditions or specific permission provided elsewhere on Sacred Chocolate, LLC's Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright Agent

It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.  You should send any claims or notices of infringement relating to the Site or any of its Content to Sacred Chocolate, LLC’s designated DMCA agent:

DMCA Agent
Sacred Chocolate, LLC
24 Digital Drive # 9
Novato, CA 94949 USA

Trademarks

Unless otherwise specified, all trademarks used on this Site are the property of Sacred Chocolate, LLC, its affiliates or business partners.  The trademarks, logos, service marks, brand identities, title, characters, trade names, images, graphics, designs, copyrights and other properties appearing within Sacred Chocolate, LLC's Site (collectively the "Trademarks") displayed on Sacred Chocolate, LLC's Site are protected intellectual properties that are registered and unregistered trademarks of Sacred Chocolate, LLC its affiliates, business partners and others. Nothing contained on Sacred Chocolate, LLC's Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Sacred Chocolate, LLC or such third party that may own the Trademark displayed on Sacred Chocolate, LLC's Site. Your misuse of the Trademarks displayed on Sacred Chocolate, LLC's Site, or any other content on Sacred Chocolate, LLC's Site, except as provided herein, is strictly prohibited.

Idea Submission Policy and Your Communications to Sacred Chocolate, LLC

Sacred Chocolate, LLC loves feedback from its customers and prospective customers.  However, in your communications with Sacred Chocolate, LLC, please keep in mind that Sacred Chocolate, LLC does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Sacred Chocolate, LLC any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information. Our creative departments are continuously launching new product, packaging and marketing ideas. Often, these ideas are in the developmental stage for years prior to actually being launched. If you choose to forward or transmit to Sacred Chocolate, LLC's Site by electronic mail or otherwise any suggestion type communication or material, including any personal data, questions or answers, comments, suggestions, or the like, it will be treated as non-confidential and non-proprietary. Furthermore, Sacred Chocolate, LLC is free to use any ideas or concepts contained in any communication you send to Sacred Chocolate, LLC's Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

We will respect your rights regarding the protection of personal data, especially in relation to any application you may make for employment with Sacred Chocolate, LLC if employment applications are accepted at this Site.  By submitting information in connection with a job application, you are giving us an unrestricted royalty-free right to use and share such information to the extent necessary to consider and respond to your request.

In addition to job applications, we are glad to receive from you any stories, testimonials, comments, suggestions, ideas, graphics, pictures or anything else; however, please remember that, by uploading or sending us such material through this Site, you assign all your interest in it to Sacred Chocolate, LLC and, depending on which law applies, Sacred Chocolate, LLC will either own the material you send to us on this Site or you will be deemed to have granted Sacred Chocolate, LLC an exclusive and perpetual license to use it.

That means that all stories, comments, suggestions, ideas, graphics, pictures or other information uploaded or sent to Sacred Chocolate, LLC through this Site, not in connection with a job application, are automatically deemed to be either the property of Sacred Chocolate, LLC or can be used by it.  This information is not confidential and we can use it as we see fit - that includes reproducing it, disclosing it, publishing it, or broadcasting it here or somewhere else, in this or any other medium now known or later invented. Under no circumstances are you entitled to any payment if we do use your submission for any purpose. You are also bound by any additional rules posted at community or other areas where user-generated content is permitted.

You may not engage in any activities through the Site which are unlawful, offensive, abusive, which violate the rights of third parties, or which inhibit other users from using and enjoying this Site.  You may not monitor or copy Content on the Site, by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity that interferes with the proper working of the Site.  You agree to indemnify, defend and hold harmless Sacred Chocolate, LLC and its subsidiaries, affiliates, officers and employees from any damages, liabilities and expenses (including reasonable attorneys’ fees) arising from any third party claims resulting from, or arising out of, your use of the Site or posting of content, if permitted.  We reserve the right to terminate your access to the Site at any time, without notice, for any reason whatsoever.

Limitation of Liability and Disclaimer

We make reasonable efforts to ensure that accurate information is provided on this Site, but do not guarantee such accuracy, and make no representations regarding the use or results of use of any Content on this Site in terms of its accuracy, reliability or any other matter.  The material in this Site could include technical inaccuracies or other errors. Your use and browsing of Sacred Chocolate, LLC's Site is at your risk.  Neither Sacred Chocolate, LLC nor any other party involved in creating, producing, or delivering Sacred Chocolate, LLC's Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, Sacred Chocolate, LLC's Site.  Sacred Chocolate, LLC does not warrant that the functional aspects of Sacred Chocolate, LLC's Site will be uninterrupted or error free or that this Site or the server that makes it available are free of viruses or other harmful components.  WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED).  THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION ON THIS SITE.  THERE IS NO WARRANTY THAT THIS SITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Sacred Chocolate, LLC reserves the right to make changes to Sacred Chocolate, LLC's Site at any time without notice.  NEITHER Sacred Chocolate, LLC NOR ANY OF ITS WORLDWIDE AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED.  THIS INCLUDES, BUT IS NOT LIMITED TO:  1) DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; 2) DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND, 3) OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.  THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES.  While we reserve the right to remove any postings or any other information that we feel may be offensive or otherwise objectionable, we are not responsible for any material posted by any user or for any information whatsoever contained in any linked sites.  YOU AGREE THAT Sacred Chocolate, LLC AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.

Links

Sacred Chocolate, LLC has not reviewed all of the sites linked to Sacred Chocolate, LLC's Site and is not responsible for the contents of any off-site pages or any other sites linked to Sacred Chocolate, LLC's Site. Although this Site may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them.  Any links to other sites are provided for your convenience only.  You need to make your own decisions regarding third party products, services and sites. Your linking to any other off-site pages or other sites is at your own risk. You may link your personal, non-commercial site to us. However, Sacred Chocolate, LLC reserves the right to refuse any request, for any reason we consider not to be in the best interest of this Site and their users. Sacred Chocolate, LLC links to various organizations and businesses. Before making any link, Sacred Chocolate, LLC will review the overall content of the prospective web site. Sacred Chocolate, LLC reserves the right not to link, or remove the link, to a particular site at anytime.

General Provisions

Sacred Chocolate, LLC may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. Sacred Chocolate, LLC products are available in many parts of the world. However, Sacred Chocolate, LLC's Site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. If any provision of this Agreement is found to be void or unlawful for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions.  Sacred Chocolate, LLC enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates.  Accordingly, Sacred Chocolate, LLC holds the benefit of and may enforce this Agreement on behalf of those affiliates.  Sacred Chocolate, LLC reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement. Any cause of action you may have with respect to Sacred Chocolate, LLC's Site must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.

Date:  May 2012