Terms & Conditions
Effective Date: July 14, 2024
Changes to these Terms: We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms shall continue in full force and effect.
Contacting Us: For any questions regarding our terms and conditions, please contact us by email at info@bespokechocolate.net or by mail at 207 S Cross St, Suite 100, Chestertown, MD 21620.
Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Bespoke Chocolate, its owner, or its employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
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To the maximum extent permitted by applicable law, Bespoke Chocolate assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of Maryland without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Chestertown, Maryland. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
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Website Terms & Conditions
This website is owned and operated by Bespoke Chocolate. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information about Bespoke Chocolate’s store and services, as well as online ordering of Bespoke Chocolate’s products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
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In order to use our website and/or receive our services through it, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
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The website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Bespoke Chocolate or are used under license. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
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Suspension of Services: We may permanently or temporarily terminate or suspend your access to the website or its services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use of the services at any time; however, for any subscription services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
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Promotional Notifications: You may from time to time receive promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. Opting out of our email newsletter and other promotional notifications will not remove you from service-related emails, such as updates regarding the status of orders you have placed.
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Privacy: Please review our Privacy Policy.
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Online Ordering Terms & Conditions
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
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The prices we charge for using our services / for our products are listed on the website. All prices are displayed on the site are listed in U.S. Dollars. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
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During times of warm weather, we may at our discretion include cold packs in your shipment to help your chocolate arrive safely. During such times, we encourage you to receive and open your delivery promptly once it arrives in order to minimize the amount of time it spends in the heat.
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Product Descriptions and Variance: We reserve the right to change product descriptions at any time. Products and packaging may differ from what is shown on the website, but will match the listed product description listed unless there is an error in the product description. If you receive an item which does not match the product description, you may be eligible to receive a replacement or refund.
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Order Cancellation: We reserve the right to cancel any order, and to cancel individual products from an order, at our discretion prior to the delivery or pickup of your order. If the order or product has already been paid for, the payment will be refunded. If we are unable to deliver an item, such as if it is out of stock, we will notify you of this using the contact information you have provided to us. We may ask if you want an alternative item instead, if we have some potential alternatives available. Please respond promptly to such communications to avoid cancellation of your order or of the undeliverable product.
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If you wish to cancel an order you have placed, please reach out to us promptly. If an order has already been packaged for shipping, it can no longer be canceled.
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In-Store Pickup: Orders placed for in-store pickup will be available for pickup only during Bespoke Chocolate’s standard business hours, during other hours that the store is open, or at another time that is arranged for the pickup. If payment was not completed online, it will be due at time of pickup. To pick up your order, we may ask for your name, contact information, or order number, in order to ensure that the order is not delivered to the incorrect person.
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Shipping Policy: Shipping options and pricing are based on your location. During warmer times of the year, it is important for orders to arrive to you within 1-2 days of shipping in order to ensure the cold packs remain effective. We guarantee the safe delivery of your chocolate (or your money back) ONLY if you choose the fastest of the shipping options which are available to you and only if you bring the package in promptly after delivery. Choose the shipping option which you feel is right for you. Slower shipping options and more inexpensive options without cold packs will be made available when the weather cools down again in fall.
During times of warm weather, we generally ship on Mondays or Tuesdays (except by special request), to help ensure that the shipment will not be held over a hot weekend in a postal warehouse. If you choose UPS 2nd-Day Air or UPS Next-Day Air, it will ship out using the selected service on a Monday or Tuesday - these names are descriptions of the service used for shipping, not a guarantee of how many days it will take to arrive from the day you place your order.
"Standard Shipping", where available, uses UPS Ground or USPS Priority Mail service when shipping with cold packs, or UPS Ground or USPS Ground Advantage service when shipping without cold packs.
We are not responsible for any shipments which cannot be delivered due to an incorrect or incomplete delivery address being entered on our website during the checkout process. If you are shipping to a PO Box or similar address, we strongly recommend that you let the recipient know to expect the chocolate, since we have multiple times had boxes shipped to such addresses get returned to us due to not being picked up in a timely manner by the recipient.
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Return and Refund Policy: Due to the perishable nature of the products we sell, we are unable to accept returns. We provide refunds if, due to an error on the part of Bespoke Chocolate, your product does not arrive, arrives damaged, or is the incorrect product. Please allow at least two weeks from the shipping date for your order to arrive. If after that time you have not received your item, please contact us so we can check on the status of your order. If an item arrives damaged, please let us know within 5 business days of when you received it; we may request that a photo of the damage be provided before we issue a replacement or refund. Depending on the nature of the damage, we may issue only a partial refund or replacement (for instance, if one chocolate in a box of 12 is damaged, we may replace or refund that one chocolate rather than the entire box). Not all items are eligible for replacement. Gift cards are not eligible for refunds.
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We are not responsible for any shipments which cannot be delivered due to an incorrect or incomplete delivery address being entered on our website during the checkout process. If you are shipping to a PO Box or similar address, we strongly recommend that you let the recipient know to expect the chocolate, since we have multiple times had boxes shipped to such addresses get returned to us due to not being picked up in a timely manner by the recipient.