1. Price and Payment
“Buyer” means the person or company who accepts the seller’s quotation for the sale of the goods or whose order for the goods is accepted by the seller;
“Goods” means the goods (including any installment of the goods or any parts for them) which the seller is to supply in accordance with these terms;
“Order” means the buyer’s acceptance of the seller’s quotation for the goods or the order placed by the buyer for the goods whether by means of individual quotation, any published seller’s catalogue or leaflet or website which the buyer accepts or goods on display in the seller’s actual shop The Pod or displayed in the seller’s virtual shop within the seller’s website;
“Quotation” means the written quotation setting out the price for the goods provided by the seller to the buyer;
“Written” and “In Writing” means communication by hard copy or email;
“Seller” means Chocolate D’Moura LLC, of 1211 E 162nd Ave, Lutz, FL 33549, (whose registered is 1211 E 162nd Ave, Lutz, FL 33549 USA);
“Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the seller and buyer;
These terms govern the sale of the goods sold by the seller to the buyer named on the order placed on the seller’s website, catalogue, leaflet, quotation, other order form provided by the seller, order request written to the seller by the buyer via fax, email or post and/ or where the goods are supplied as a result of the buyer’s acceptance of the quotation or published price. The completed order, quotation or written order request from the buyer to the seller together with the terms constitute the entire and only agreement between the parties in relation to the sale of the goods and comprises a legally binding contract between the parties.
The buyer signifies acceptance of these terms and conditions by placing an order with the seller.
2. Price and Payment
2.1. If the buyer places an order via the seller’s web site the price payable for the goods will be set out on the website at the time the seller accepts the order.
2.2. Notwithstanding clause 2.1 the seller may require the buyer to place the order directly with the seller in order to obtain the correct price payable for large quantities and post and packing charges for the order and where this is the case instructions will be clearly given on the website.
2.3. The buyer may place an order following a written or verbal quotation from the seller and the prices of the goods will be detailed in the said quotation.
2.4. If the buyer accepts the seller’s quotation then the prices contained therein are only valid for the period of 28 days from the date of the quotation. If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained or an enquiry made as regards the price of the goods upon making an order.
2.5. Notwithstanding the above clauses the seller reserves the right by giving written notice to the buyer at any time before delivery, to vary the price of the goods to reflect any increase/ decrease in cost to the seller which is due to any factor beyond the control of the seller.
2.6. The buyer shall be responsible for any charges for carriage and insurance in addition to the price for goods unless otherwise agreed in writing between parties.
2.7. Subject to clause 2.8 the seller must receive payment for the total price of standard and stock goods and any applicable charges for carriage and insurance before the order can be dispatched unless otherwise agreed in writing between the parties.
2.8. A minimum of 50% of the purchase price of bespoke items must be paid at the time of placing the order and orders will not be accepted or work commenced until payment has cleared through the banking system and has reached the seller’s bank. The remaining balance must be paid no less than 7 days before the order is dispatched by the seller to the buyer or collected from the seller’s premises by the buyer.
2.9. If the buyer has a credit account with the seller payment shall be made in full within 30 days of the date of invoice sent by the seller to the buyer in relation to the goods. Time shall be of the essence for payment. The seller shall be entitled to revoke any credit facility if the buyer fails to make payment by the due date.
3. Delivery and Title
3.1. Delivery of the goods shall be made by the seller to the address of the buyer as stipulated on the order, or by the buyer collecting the goods at the seller’s premises at any time after the seller has notified the buyer that the goods are ready for collection. A signature indicating safe receipt of the goods will be required on delivery to the buyer.
3.2. Any dates quoted for delivery of the goods are approximate only. The seller will make every effort to deliver the goods in advance of the quoted date and shall not be liable for any delay in delivery of the goods howsoever caused.
3.3. If the buyer fails to take delivery of the goods the seller shall not accept responsibility for any deterioration of the goods caused by transit or prolonged storage at the premises of either the seller or the delivery agent. If the buyer fails to take delivery of the goods then without limiting any other right or remedy available to the seller, the seller may store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of redelivery.
3.4. Risk of damage to or deterioration of or loss of the goods shall pass to the buyer: a) in the case of goods to be delivered at the buyer’s premises, at the time the goods leave the seller’s premises; b) in the case of goods being collected from the seller’s premises, at the time when the seller notifies the buyer that the goods are ready for collection.
3.5. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these terms, the property in the goods shall not pass to the buyer until the seller (or the seller’s assignee in the case of assigned invoices) has received payment in full of the price of the goods together with any charges in respect of carriage and insurance.
4.1. The seller shall endeavor to hold sufficient stock to meet all orders and reserves the right to vary the contents of the boxes of chocolates offered for sale on its website. However if there is insufficient stock to supply or deliver the goods already paid for by the buyer, the seller may offer the buyer a reasonable alternative and if not refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days.
4.2. Notwithstanding 4.1 the seller will endeavor to fulfill specific buyer requests for particular flavors within their orders and it is the responsibility of the buyer to inform the seller of any specific requests.
4.3. The seller shall endeavor to supply bespoke products no less than 5 days before the required date unless expressly requested otherwise in writing by the buyer or as specified in a quotation, subject to clause 2.7.
5. Storage of Goods
5.1. Responsibility for the correct storage of goods shall pass from the seller to the buyer a) in the case of goods to be delivered at the buyer’s premises, at the time of delivery or, if the buyer fails to take delivery of he goods, the time when the seller has tendered delivery of the goods: b) in the case of goods being collected from the seller’s premises, at the time when the buyer collects the goods.
5.2. By placing an order for goods the buyer agrees to store the goods as stipulated by the seller and the seller shall not be liable for any deterioration in the condition of the goods caused by incorrect storage or lack of adherence to the seller’s storage instructions as provided on the seller’s website and or with the consignment of goods.
6. Storage Requirements:
6.1. a) all chocolates, sweets, candies, bonbons, brigadeiros, truffles & clusters, and related chocolate products, or any other products containing active ingredients should be stored in a refrigerator accordingly.
6.2. b) all other products may be stored safely at cool room temperature and it is the responsibility of the buyer to exercise discretion as to the suitability of room temperature. The seller shall accept no responsibility for melting or deterioration of goods caused by exposure to direct heat or a hot environment.
7. Cancellation and Returns
7.1. The buyer shall be entitled to cancel the order for standard and stock products by giving to the seller notice of cancellation no less than 7 days prior to the delivery date requested by the buyer unless the goods have already been dispatched at the time of cancellation being made. Such notice may be given by mailing or emailing to the address set out on the order or via the website contact form stating the reason for cancellation.
7.2. If the buyer wishes to cancel an order for bespoke products, notice of cancellation must be made within 10 days of placing the order, however such cancellation shall be subject to a fee in respect of any work carried out by the seller up to the date of receipt of such notice and where the work is complete no refund will be made.
7.3. Goods produced by Chocolate D’Moura, LLC are deemed to be a perishable product and are therefore supplied on a non-returnable basis.
7.4. Returns will not be accepted by the seller from the buyer for reasons other than such goods being faulty or incorrect and the seller will not issue a refund for any returned goods unless it has been contacted by the buyer and has agreed to accept the return.
7.5. Should the buyer allege that the goods are faulty or incorrect then the buyer should contact the seller by phone or email before returning the goods. Any returns that are permitted by the seller must be returned at the cost of the buyer and where the goods are found to be faulty or incorrect goods by the seller the seller will replace the goods and refund the cost of the return up to the standard postage charge of the Post Office at the time of the return unless otherwise agreed in writing between the buyer and the seller.
7.6. The buyer is required to ensure that any goods returned to the seller are safely and securely packaged and that the original dispatch note received with the goods is enclosed.
8.1. Any claim by the buyer which is based on any defect in the quality, quantity or condition of the goods shall be notified to the seller within 48 hours of the receipt of or collection of goods by the buyer. If delivery is not refused and the buyer does not notify the seller accordingly, the buyer shall have no right to reject the goods and the seller shall have no liability for such defect or failure and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
8.2. Where the buyer does notify the seller that there is a valid claim in respect of any of the goods the seller may replace the goods or at its discretion refund to the buyer the price of the goods, in which case the seller shall have no further liability to the buyer. For the sake of clarity, the seller shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms. This does not affect the buyer’s statutory rights as a consumer.
8.3. Subject to paragraph 5 the seller warrants that the goods will be free from defects in ingredients, materials and workmanship at the time of leaving the seller’s premises and shall accept no liability for any damage or deterioration of the goods in transit once they have been collected from the seller’s premises or transferred to the delivery agent.
8.4. The seller shall be under no liability in respect of any defect in goods arising from any drawing or specification supplied by he buyer.
8.5. The seller shall be under no liability in respect of any defect arising from damage caused by the buyer or any other party or damage caused by the incorrect storage of goods.
8.6. The seller shall be under no liability under the above warranty if the total price for the goods has not been paid by the due date for payment.
8.7. The above warranty does not extend to ancillary items or packaging not manufactured by the seller.
8.8. The above warranty is given solely to the buyer and is not transferable to any third party.
9.1. The seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the buyer by notice in writing if the buyer is in breach of an obligation thereunder or becomes unable to pay its debts to the seller (or the seller’s assignee in the case of assigned invoices) when they fall due, at which point all sums due from the buyer to the seller become immediately due and payable and the seller shall be under no further obligation to supply any goods to the buyer.
10. Force Majeure
10.1. The seller shall have no liability to the buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered hereunder that is caused by any event or circumstance beyond the seller’s reasonable control (including without limitation strikes, lockouts, acts of God and the like).
11.1. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the seller excludes its liability to the buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with USA law.
Chocolate D’Moura LLC, of 1211 E 162nd Ave, Lutz, FL 33549 , a chocolate company registered in the United States of America.
Tel: + 1 813-420-5166 email: firstname.lastname@example.org