TERMS AND CONDITIONS

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

DATED 15TH JANUARY 2021

This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.ehchocbox.co.uk (the “Website”), The Chocolate Box (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. The Chocolate Box reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The Chocolate Box will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Chocolate Box encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. 

I. PRODUCTS

Proprietary Rights. The Chocolate Box has proprietary rights and trade secrets of all products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by The Chocolate Box. The Chocolate Box also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

II. WEBSITE

Content; Intellectual Property; The Chocolate Box does create the content on this Website, such content is protected by intellectual property laws of the UK, foreign nations, and international bodies. Unauthorised use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use.

Use of Website; The Chocolate Box is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will

(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),

(2) not interfere with or disrupt the use and enjoyment of the Website by other users,

(3) not resell material on the Website,

(4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and

(5) not defame, harass, abuse, or disrupt other users of the Website

License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorisation from The Chocolate Box .

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Chocolate Box EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The Chocolate Box MAKES NO WARRANTY EXCEPT FOR THOSE WRITTEN ON THE PACKAGING.

-THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

-THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY TO COMPLETE TRANSACTIONS.

-NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

IV. LIMITATION OF LIABILITY

The Chocolate Box ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

The Chocolate Box WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM

(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;

(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;

(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR

(4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless The Chocolate Box, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of 

  1. this Agreement or the breach of your warranties, representations and obligations under this Agreement; 
  2. the Website content or your use of the Website content; 
  3. the Products or your use of the Products (including Trial Products);
  4. any intellectual property or other proprietary right of any person or entity; 
  5. your violation of any provision of this Agreement; or 
  6. any information or data you supplied to The Chocolate Box When The Chocolate Box is threatened with suit or sued by a third party, The Chocolate Box may seek written assurances from you concerning your promise to indemnify The Chocolate Box; your failure to provide such assurances may be considered by The Chocolate Box to be a material breach of this Agreement. 

The Chocolate Box will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of The Chocolate Box choice at its expense. The Chocolate Box will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend The Chocolate Box against any claim, but you must receive The Chocolate Box prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VI. PRIVACY

The Chocolate Box believes strongly in protecting user privacy at all times

VI. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

VIII. GENERAL

Force Majeure. The Chocolate Box will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, war, terrorism, armed conflict, labor strike, lockout, pandemic or boycott.

Cessation of Operation. The Chocolate Box may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and The Chocolate Box and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of The Chocolate Box to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; This Website originates from the of Edinburgh, Scotland This Agreement will be governed by the laws of Scotland. Neither you nor The Chocolate Box will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Scotland. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. The Chocolate Box reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and The Chocolate Box may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, The Chocolate Box reserves the right to exercise whatever means it deems necessary to prevent unauthorised access of the Website. This Agreement will survive indefinitely unless and until The Chocolate Box chooses, in its sole discretion and without advance to you, to terminate it.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.