Terms and Conditions of Sale

These Terms and Conditions of Sale apply to the purchase and sale of products through www.chocolove.com (referred to as the “website”).  By placing an order for products, you agree to be bound by and accept these terms and conditions.  These terms and conditions are subject to change by Creative Natural Products, Inc. d/b/a Chocolove (referred to as “Chocolove”, “us” or “we”) without prior written notice at any time, in our sole discretion.   These terms and conditions are an integral part of the Terms of Use and Privacy Policy that apply generally to the use of our website. 

Note to business and commercial customers: In addition to these Terms and Conditions of Sale, all business and commercial accounts will require an application on a form designated by Chocolove and will be subject to approval by and terms required by Chocolove in its sole discretion.  The terms of any business and commercial accounts are subject to change at any time by Chocolove in its sole discretion upon notice.

1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  No order is final until shipped.  We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged.  If your credit card has been charged and your order is canceled, before your order is shipped, you will receive a prompt refund credit to your account.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.  Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed.  In this case, we will do our best to cancel the order if requested.  We make every effort to maintain the availability of our website.  However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.  Chocolove hours of operation are Monday through Friday, 8:30am to 5:00pm MST.  Orders received over the weekends will be processed on Mondays, and orders received before 12:00pm MST during working hours will be processed the same day.

2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.  We accept most major credit cards for purchases.  You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.  Purchase orders from businesses may be accepted upon credit approval of  and payable on terms set for your account or such other terms as we may approve or require.  All applicable sales taxes will be added in addition to the purchase price for any products purchased. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice.  To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our website.  All pricing for the products available on our website is subject to change.  For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, price changes, errors in advertisements and other extenuating circumstances.

4. Shipping Policy
Chocolove’s standard shipping for small orders is 2 Day FedEx, Monday through Wednesday.  Delivery days are Wednesday through Friday (with the exception of Holidays).  We require all shipments to require FedEx to obtain your signature in order to deliver your order.  Delivery without a signature is not an option.  If you will not be at the delivery address to receive your order, consider shipping to a work address or other address where someone can sign for it in accordance with FedEx policies.  Chocolove does not ship to PO Boxes or APO addresses.  Chocolove reserves the right to determine if special shipping and handling fees will apply to your order and you agree to pay all such fees based on Chocolove’s determination of weather conditions and other shipping conditions that might affect our products.  Chocolove is unable to ship orders when the temperatures are anticipated to reach 95 degrees (Fahrenheit), anywhere in transit as determined by Chocolove in its sole discretion.  These orders will be held until an acceptable temperature range is anticipated by Chocolove in its sole discretion.  Time and weather conditions permitting, our shipping department will contact you with details. Chocolove reserves the right to utilize alternate shipping means and methods in its sole discretion or to change its standard shipping policy in its sole discretion.  In all cases, Chocolove is not responsible for the shipping or condition of our products once they leave our facility. However if product arrives damaged, report it to Customerservice@chocolove.com and we will assist you in a replacement shipment and claim against the carrier or delivery service.

No C.O.D. orders can be accepted.  The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.  There may be occasional delays beyond the posted order processing time.  If you do not advise us that you would like to cancel the order before we have shipped an order, we will keep the order active until the order is cancelled or delivery occurs.  These shipping terms are accepted by you by placing an order with us.

SHIPPING & HANDLING
We ship all orders via FedEx 2-day delivery. Orders are shipped Monday through Wednesday to prevent extra handling and possible heat damage associated with shipments in transit over the weekend.

WARM WEATHER HANDLING:  Chocolate begins to melt at 75°F. Insulated packaging, extra cushioning and freezer packs are used to protect shipments when the temperature in Boulder, at the destination, or during transit may exceed 80°F.
 
MINIMUM ORDERS AND FEES
Minimum Order:        1 case. We do not mix or split cases.
Warm Weather Fee:  $1.00 per case with a $4.00 minimum charge.
Extra Cushioning:     $1.00 per case with a $4.00 minimum charge (unnecessary if using Warm Weather Handling)
Alaska & Hawaii:       Shipping surcharges apply. Please call us to calculate the cost for you.

5. Return Policy
To return products, you must e-mail our Returns Department at Customerservice@chocolove.com to obtain a Return Authorization (RA) number before shipping your product.  NO returns of any type will be accepted without an RA number.  For faster service, please include the following information when emailing for an RA number: customer name, invoice or order number, SKU number, and nature of the problem.  To expedite the processing of your refund or credit, we ask that products be returned within 5 days of the date that we issue the RA.  All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the packaging.  You are responsible for shipping charges on returned items.  You must insure the shipment or accept the risk of loss or damage during shipment.  We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

6. Secure Shopping
We have instituted measures including encryption to help safeguard your personal information.  Further, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions.  In order to most efficiently serve you, credit card transactions are handled by established third-party banking, and processing agents.  They receive the information directly from you or us as needed to verify and authorize your credit card or other payment information and to process and ship your order.  In order to do so, you will be required to set up an account in accordance with their procedures. For example, access by you to your account is available through a password and unique customer ID selected by you.  You need to carefully review any terms and conditions of any third party service providers before submitting any information as we are not responsible for their policies and procedures.  For business or commercial customers that provide account information directly to us, we will retain that information in accordance with our Privacy Policy and we will endeavor to have oversight on your account activity and will not drop ship or change ship to addresses without proper procedures.  Unfortunately, no system can be completely secure and there are security and privacy limitations of the Internet that are beyond our control. Therefore, although we take steps to secure your information, we do not guarantee or warrant the security of any information you transmit on or through our website and any information you transmit you do so at your own risk. 

7. Privacy and Customer Information
Read our Privacy Policy.

8. Governing Law and Venue
This website is controlled by us from our offices within the State of Colorado, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of the State of Colorado, by accessing this website both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this website and the purchase of products available through this website.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District court for Boulder County Colorado and the United States District Court for Colorado with respect to such matters.  We make no representation that the products available through our website are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products are illegal is prohibited.  Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

9. Entire Agreement
These Terms and Conditions of Sale, our Terms of Use and our Privacy Policy, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of our website, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.  The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.  These and Conditions of Sale may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with website is in conflict or inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale, our Terms of Use and Privacy Policy shall take precedence.  If for any reason any provision of these Terms and Conditions of Sale 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 and Conditions of Sale shall continue in full force and effect.