Terms of service
Terms of Service
Last Modified: March 1, 2019
These Terms of Service (“Terms”) are between you and Theo Chocolate, Inc. ("Theo Chocolate", "we" or "us") and govern orders you place for Theo Chocolate products (each a “Product”) as well as your use of theochocolate.com (the “Site”). [...]
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Eligibility
You must be at least 18 years old to place orders for Products or to use this Site. You represent and warrant that you are at least 18 years old.
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Changes to the Terms
We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. [...]
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Conflicts
To the extent the terms and conditions herein conflict with the Wholesale Terms and Conditions, if applicable to you, the Wholesale Terms and Conditions will control.
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Payment
Payment must be made at the time your order is placed.
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Changes to Pricing and Products
5.1. Pricing and Availability
Prices for Products, applicable taxes, and shipping costs are posted on the Site or at the point of purchase. [...]
5.2. Products
5.2.1.
We reserve the right to discontinue or change a Product at any time.
5.2.2.
We make reasonable efforts to represent each Product accurately, but final Products may differ.
5.2.3.
We do not accept returns or exchanges unless the Product is defective. Call (206) 632-5100 for assistance.
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Products Not for Resale
Products are for personal use only and not for resale. You agree to comply with all applicable laws including export control laws. [...]
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Third Party Materials
To the extent any information or material on the Site is provided by third parties, Theo Chocolate has no responsibility over it. [...]
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Accessing the Site and Account Security
We reserve the right to withdraw or modify the Site at any time. You are responsible for maintaining account confidentiality. [...]
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Intellectual Property Rights
The Site and its content are owned by Theo Chocolate or its licensors and protected by law. [...]
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Prohibited Uses
You agree not to use the Site for unlawful or abusive purposes. This includes spam, viruses, impersonation, or interference with others’ use. [...]
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Monitoring and Enforcement
We reserve the right to monitor use and take action including disabling access or reporting to law enforcement. [...]
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Links from the Site
Links to third-party websites are for convenience only. We do not control or endorse the content of any linked site. [...]
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Electronic Communication
By using the Site, you consent to receive communications from us electronically, and agree that such communications satisfy any legal requirements. [...]
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Geographic Restrictions
The Site is intended for users located in the United States and Canada. If you access it from elsewhere, you do so at your own risk. [...]
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Disclaimer of Warranties
The Site and its services are provided “as is” without warranties of any kind. [...]
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Limitation on Liability
Theo Chocolate is not liable for damages arising from use of the Site. Our maximum liability is $100. [...]
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Indemnification
You agree to indemnify and hold Theo Chocolate harmless from any claims related to your use of the Site or your violation of these Terms. [...]
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Governing Law and Jurisdiction
These Terms are governed by Washington state law. Legal actions must be brought in Seattle, WA unless otherwise permitted. [...]
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Limitation on Time to File Claims
Claims must be filed within one year or they are permanently barred.
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Injunctive Relief
Theo Chocolate may seek injunctive relief in federal court in Seattle for misuse of intellectual property.
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General
These Terms constitute the entire agreement. If any provision is found unenforceable, the remainder still applies. [...]
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Contact Information
Theo Chocolate, Inc.
3400 Phinney Avenue N
Seattle, WA 98103
Phone: (206) 632-5100
Email: info@theochocolate.com