TOU
The following terms outline V Chocolates product purchasing policies.
1. Shipping Policy.All orders are processed at the time of confirmation on the web site. All orders are shipped during standard business hours no later than 48 hours of order receipt unless otherwise specified.Standard business hours are Monday-Friday (excluding Holidays) 8:00AM – 6:00PM Mountain Time.Orders are shipped from our chocolate factory in Salt Lake City, Utah via the method specified at time of order.Shipping options are Ground, 2nd day delivery, Express Saver, or Next Day.During the months of June through August, only 2nd day delivery or overnight next day are offered due to the risk of product spoilage during hot times of the year. Shipping charges are calculated based on the destination and delivery time specified and will be calculated at the time of order.Sales tax is charged for any shipments purchased by residents of the state of Utah at 6.85% of the total order (excluding any shipping or handling charges).It is assumed that customers with a billing address in Utah are residents of the state.
2. Conditions of Sale and Payment Terms. To purchase any products on our site, you must be at least eighteen (18) years of age.Prior to the purchase of any goods on our site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card, or by using PayPal. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products are final.
3. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, or PayPal. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT V CHOCOLATES, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify V Chocolates of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If V Chocolates does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by V Chocolates or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. V Chocolates shall automatically charge and withhold the applicable sales tax for orders placed by residents of Utah or to be delivered to addresses within Utah and any other states or localities that it deems is required.
4. Order Acceptance Policy. 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. V Chocolates reserves the right at any time after receipt of your order to accept or decline your order for any reason. V Chocolates further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by V Chocolates upon our delivery of products or services that you have ordered. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
5. No Responsibility To Sell Mispriced Products. V Chocolates shall have the right to refuse or cancel any orders placed for products listed at an incorrect price or containing any other incorrect information or typographical errors. V Chocolates shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, V Chocolates shall immediately issue a credit to your credit card account in the amount of the charge.
6. Refund Policy.V Chocolates makes every effort to deliver a high quality product made with the freshest ingredients.If for some reason you feel that your products have not been delivered according to your expectation, you may request a refund in writing to the V Chocolates Customer Service department by sending and e-mail to vmail@VChocolates.com or by calling our customer service number at 801-269-8444 or 866-330-8444.
7. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS OFFERED ON OR IN CONNECTION WITH THE SITE, REMAINS WITH YOU. IN NO EVENT SHALL V CHOCOLATES OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE V CHOCOLATES SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE V CHOCOLATES SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF V CHOCOLATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT V CHOCOLATES SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO V CHOCOLATES BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF V CHOCOLATES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
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