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TERMS AND CONDITIONS FOR SITE USE

Theobroma Chocolat™ operates the Site from its offices in Canada. Theobroma Chocolat™ makes no representations to the effect that material on the Site is available for use in locations other than Canada, and accessing the Site from locations where its content or use thereof are prohibited may be illegal. Those who choose to access this Site do so of their own initiative and are responsible for complying with any locally applicable laws.

1.2 Site Modifications

Theobroma Chocolat™ may terminate, change, suspend or discontinue any aspect of the Site, including its functionality, at any time without prior notice or liability. Theobroma Chocolat™ may also (i) add, remove, modify or otherwise change any content that is on the Site or accessible from it or (ii) impose limitations as regards certain functionalities and services or restrict your access to some or all parts of the Site without prior notice or liability.

1.3 Restrictions Relating to Use of the Site

You may only use the site in accordance with these Terms and Conditions. Unless otherwise specifically indicated in one or more sections of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way whatsoever without prior written permission from Theobroma Chocolat™ . You may display or download material from the Site for noncommercial purposes only, provided that you do not modify it and that you respect its relevant copyrights.

1.4 Intellectual Property

1.4.1Trademarks.Names, words, titles, phrases, logos, illustrations, graphic icons and service marks (collectively the “Trademarks”) that appear on the Site, products or any components included in or with those products may represent registered or nonregistered trademarks or other intellectual property belonging to Theobroma Chocolat™, its affiliated companies or third parties.

1.4.2 Content.All content appearing on the Site or products, specifically including any photos, illustrations, designs, trade-marks, images and text (collectively the “Content”), is the exclusive property of Theobroma Chocolat™, its affiliated companies or third parties and is protected by Canadian and/or international copyright laws. You are hereby granted limited permission to access the Site for your personal and noncommercial use only, on the condition that you retain all credits and notices relating to copyright and other proprietary exclusivity. Unless explicitly stated in the Terms and Conditions, no other use of the Content is authorized.

1.4.3 No Right Granted.Nothing that appears on the Site, products or elsewhere shall be directly or indirectly construed as granting you (or anyone whosoever) any licence, right, title or other interest in the Trademarks or any other intellectual property, and the Trademarks and other intellectual property shall remain the exclusive property of Theobroma Chocolat™ or their owners.

1.4.4 Restrictions Related to Site Use.You may not copy, reproduce, utilize, distribute or transmit, in part or in whole, the Trademarks, Content or any other intellectual property that appear on the Site, in or with products or components that are included there, without express prior written consent. Any non authorized use may make you liable for civil and/or criminal damages.

1.5 Links to Other Sites

The Site includes links to other websites operated by other companies. By clicking on these links, you will leave the Theobroma Chocolat™ Site. Theobroma Chocolat™ has neither developed, reviewed or verified the accuracy of the data contained on these sites. Theobroma Chocolat™ has no control over the operation of these websites and the fact that they may be linked to the Theobroma Chocolat™ Site does not in any way render Theobroma Chocolat™ liable, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you.

1.6 User-Submitted Information

As a user of this Site, you acknowledge that any material, information and opinions (collectively the “Information”) that you may submit to Theobroma Chocolat™ in any way whatsoever will be assigned to Theobroma Chocolat™ and who will become its full and sole owner, and you waive any moral rights with regard to this Information. Theobroma Chocolat™ hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish, license, distribute, disclose and transmit by any means and to whomever it sees fit any Information you submit to Theobroma Chocolat™. Further, you are prohibited from submitting to Theobroma Chocolat™ Information that could be illegal, defamatory, obscene or contrary to any applicable law. When you submit Information to Theobroma Chocolat™ , you hereby represent that you hold any and all relevant rights to such Information, specifically intellectual property rights. You assume liability and agree to compensate, protect, indemnify and hold harmless Theobroma Chocolat™, its related companies and their respective managers, directors, shareholders, agents, representatives and employees from any liability, obligation, loss, damage, penalties, claims, actions, legal proceedings, fees, expenses and expenditures (including legal fees) relating to or resulting from your use of the Site and the Information that you have submitted. Theobroma Chocolat™ reserves the right to not publish or to retract any material that you may have submitted to Theobroma Chocolatat its discretion, for any reason whatsoever.

2. STANDARD TERMS AND CONDITIONS OF SALE

2.1 Canadian Site/U.S. Site

You are shopping on the Canadian Theobroma Chocolat™ sites and pay in Canadian funds, depending on which of the following cases apply:
Residents of Canada

    • You shop on the Canadian site and pay in Canadian funds.
    • You can ship to the United States from the Canadian site.

Residents of the U.S.

    • You must shop on the Canadian site and pay in Canadian funds.
    • You can ship to Canada from the Canadian site.

2.2 Setting Up an Account

From the home page, you will have the opportunity to set up a Theobroma Chocolat™ user account. Having an account will allow you to place orders more quickly. Personal information such as your first and last name and billing and shipping addresses are kept on file in a secure manner so that you do not have to enter them each time you place an order. Setting up an account also lets you access your order history and check the status of your orders, the whole in accordance with the terms of our Privacy Policy. You may close your account at any time. To do so, you must first log in, then click on “Close account.” However, closing your account means that you will lose access to your order history and you also will need to enter your shipping and billing addresses each time you place an order.

2.3 Prices

2.3.1 Amount. The purchase price for each product appears adjacent to it on the Site. All prices are in Canadian dollars.

2.3.2 Shipping costs. Shipping and delivery charges and applicable taxes are extra (unless we state that shipping is included) and will be shown on screen before you confirm your order.

2.3.3 Sales tax. Applicable sales taxes are extra and will be shown on screen before you confirm your order.

2.3.4 Price changes. Theobroma Chocolat™ reserves the right to modify the prices of products on the Site at any time, without prior notice.

2.3.5 Boutique prices. Prices for products offered on the Site may differ from prices for the same products sold in Theobroma Chocolat™ Authorized stores, and you will have no recourse against Theobroma Chocolat™, if the price difference is not in your favour or if you could have taken advantage of better sales terms had you made your purchase elsewhere or at another time.

2.4 Credit Card Payment

2.4.1 Credit cards accepted. At present we are not able to accept payment in cash or by cheque. The Site accepts the following credit cards only:

    • Visa
    • MasterCard

We reserve the right to stop accepting credit cards from one or more issuers at any time.

2.4.2 Validity and authenticity. You must use a valid and authentic credit card on the Site, and be an authorized user. If the charge is not approved or accepted, we reserve the right to cancel your order without notice, with no liability or obligation. We reserve the right to contact the issuer for authorization if we suspect that a card is being used fraudulently.

2.5 Return and Refund Policy

If you are not completely satisfied with any of our products, you may contact our customer service.

2.5.1 No RefundNo refund accepted for any Theobroma Chocolat™ products (in their original packaging).

2.6 Product Availability

2.6.1 Inventory. Theobroma Chocolat™ does not under any circumstances guarantee that products offered on the Site are available in inventory. If Theobroma Chocolat™ is not able to deliver any of the items you order because they are out of stock, we will refund the amount charged to your credit or debit card for these products and send you a refund confirmation by email.

2.6.2 Damages. Theobroma Chocolat™ will not be responsible at any time for any damages that you may incur because products are out of stock.

2.7 Product Delivery

2.7.1 Gift wrapping. Theobroma Chocolat™ currently does not offer gift wrapping. You may add wrapping paper and a gift bag that you can use to wrap your gifts once you take delivery. Simply make your selection when reviewing the items in your shopping basket (Step 1).

2.7.2 Shipping destination. Theobroma Chocolat™ offers delivery throughout Canada and the U.S., other than to Alaska, Hawaii and Puerto Rico. We do not make any shipments outside Canada or the U.S. Please consult our boutique locator to find the store nearest you.

2.7.3 Address. Theobroma Chocolat™ will deliver items you purchase to the address you provide in your order. Deliveries cannot be made to post office boxes.

2.7.4 Shipping fees. Shipping fees vary depending on the order (weight, volume, destination and delivery time) and will appear on the screen before you confirm your order.
The shipping fees below are shown for reference only. All amounts are in Canadian dollars.

2.7.5 Delivery times Theobroma Chocolat™ strives to have orders delivered as quickly as possible once your order is accepted. Delivery times and fees will vary based on the shipment destination, delivery method selected and availability of products in inventory. Delivery time calculations are from the shipment’s departure from the Theobroma Chocolat™ premises.

2.7.6 Deliveries. Product deliveries are subject to the corporate policies of the delivery companies used by Theobroma Chocolat™, which presently include Fedex within Canada and FedEx in the U.S., and the corporate policies of other delivery companies that Theobroma Chocolat™ may use from time to time. Policies concerning the signature of delivery receipts will apply to you. If you select the “deliver without signature” option in Step 2, you authorize Theobroma Chocolat™ and the shipper to leave your package in a safe place without first obtaining a signature and you will not need to worry about having someone present at the time of delivery. Selecting the “deliver without signature” option means that you irrevocably accept that a) Theobroma Chocolat™ and its designated shipper will deliver your package(s) as indicated in the “shipping address” section without obtaining your signature or the signature of a third party as long as the declared value of the shipment does not exceed $100; b) presentation by Theobroma Chocolat™ or its shipper of a delivery receipt showing the specified place and shipper’s signature release number constitute proof of proper delivery in accordance with your instructions; and c) you specifically waive the right to seek any recourse against Theobroma Chocolat™ and/or its designated shipper in the event that you do not receive your shipment(s) when proof of delivery has been provided. In addition, you will be responsible for recovering the products in accordance with the rules of one or both of the abovementioned companies.

2.7.7 Transfer of title.You become the owner of the products you ordered when Theobroma Chocolat™ turns your shipment over to the delivery company. You assume all associated risks at that point and Theobroma Chocolat™ will not be responsible for any loss, destruction or damage.

2.7.8Payment in full Theobroma Chocolat™ must receive payment in full for products before they can be shipped to you.

3. GENERAL INFORMATION

THE FOLLOWING PROVISIONS APPLY TO BOTH USE OF THE SITE (SEE SECTION 1 ABOVE) AND TO PRODUCT ORDERS (SEE SECTION 2 ABOVE).

3.1 Disclaimer of Warranties

THE SITE AND THE ELEMENTS CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLICIT OR EXPLICIT. SUBJECT TO ANY APPLICABLE LAW TO THE CONTRARY, THEOBROMA CHOCOLAT™ DISCLAIMS ANY LIABILITY AND PROVIDES NO REPRESENTATION, WARRANTY OR CONDITION, INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOREOVER, THEOBROMA CHOCOLAT™ MAKES NO REPRESENTATION, WARRANTY OR CONDITION RELATIVE TO (I) THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE ELEMENTS SHOWN ON THE SITE OR THE RESULTS ARISING FROM THE USE OF SUCH ELEMENTS OR (II) THE FACT THAT THE SITE AND ITS CONTENT ARE OFFERED WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS (WHILE THEOBROMA CHOCOLATDOES EVERYTHING POSSIBLE TO ENSURE THAT THE SITE CONTAINS NO ERRORS), THAT ERRORS /INTERRUPTIONS ON THE SITE WILL BE RECTIFIIED OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE WILL BE VIRUS-FREE.

3.2 Limitation of Liability;

3.2.1 IN NO EVENT SHALL THEOBROMA CHOCOLAT™ , ITS RESPECTIVE MANAGERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THE LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR ANY LOSS, DAMAGE, RESPONSIBILITY, COST OR EXPENSE ARISING FROM OR IN RELATION TO YOUR PURCHASE OF PRODUCTS FROM THE SITE, THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, WHATEVER THE ORIGIN OF THE ACTION (CONTRACTUAL RESPONSIBILITY, IN TORT, NEGLIGENCE, GROSS NEGLIGENCE OR BASED UPON ANY OTHER LEGAL DOCTRINE, INCLUDING FUNDAMENTAL BREACH), EVEN IF THEOBROMA CHOCOLATHAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THEOBROMA CHOCOLAT’S LIABILITY TOWARDS YOU MAY BE UPHELD, IT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE ITEMS THAT YOU ORDERED ON THE SITE.

3.2.2 Regardless of the foregoing, nothing within the current Section 3.2 can have the effect of limiting your rights as a consumer with respect to one or more of the laws of public order (including consumer protection laws) that may be applicable to you.

3.3 Force majeure

Theobroma Chocolat™ will not be responsible for non-performance, in whole or in part, of any of its obligations whatsoever toward you, or for damages or losses that you may suffer, if such non-performance, damages or losses result from an act of God or from circumstances beyond its control.

3.4 Applicable Law and Territorial Jurisdiction

The Terms and Conditions shall be governed by the laws in effect in the province of Quebec, Canada, and any claims in conjunction with the Site, its Content or its use shall be governed by laws applicable in the province of Quebec, Canada. The application of any private international law or any law that might be applied to resolve legal disputes, such as the United Nations Convention for Contracts on International Sale of Goods, is expressly excluded.

3.5 Miscellaneous

The Terms and Conditions constitute the entire agreement between Theobroma Chocolat™ and you relating to the subjects covered herein. If provisions of the Terms and Conditions or their implementation are found to be invalid as regards any statue, regulation or law whatsoever, the aforementioned provisions shall be removed from the conditions for use and the remaining provisions in the Terms and Conditions shall not be affected.

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