Welcome to the Madame Chocolat website (Site).
Please review the following basic terms that govern your use of, and purchase of, products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
We may, from time to time, change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site from time to time
Our website may contain links to third party websites or Internet resources that are not owned or controlled by Madame Chocolat. Madame Chocolat’s provision of a link to any other website or Internet resource is for your convenience only and does not signify See's' endorsement of such other website or resource or its contents. MADAME CHOCOLAT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE.
Madame Chocolat strives for its website and other materials to be accurate. However, from time to time, there may be information on our website or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Madame Chocolat reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. No order is final until shipped and Madame Chocolat may cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor's display of any color will be accurate.
We ship exclusively with FEDEX and transit times vary depending on destination. Overnight delivery is available Monday-Thursday. FEDEX 2-Day delivery is available only Monday-Wednesday. PLEASE NOTE DURING THE MONTHS OF APRIL-OCTOBER WE ONLY PROVIDE OVERNIGHT SHIPPING.
We do not ship to PO Box addresses.
Internet orders are processed at 12:00 PM PST according to the above referenced shipping schedule. If you are placing your order after 12:00 PM PST, it will be shipped the following business day according to the shipping schedule.
Orders are not shipped on Fridays, Saturdays or Sundays. The shipment schedule is based on the date your order is received.
We do not ship to international destinations. Please note that we cannot ship to P.O. Boxes. You must provide a street address for your order. We are not responsible for delays caused by FEDEX due to weather or mechanical error and are not able to offer refunds for those reasons.
If you have chosen 2nd Day Air, we are not responsible if the chocolates arrive melted and will not offer any refund.
Madame Chocolat will package all orders in with safest packaging materials and will not be responsible for any kind of damage or melted or liking during shipment from Madame Chocolat to the destination of the order.
If your order is placed before 12:00 PM PST and you wish to cancel your order, you may cancel your order for a refund by calling (310) 247-9990 before 12:00 PM PST the same day your order was placed.
If your order is placed after 12:00 PM PST and you wish to cancel your order, your may cancel your order for a refund by calling (310) 247-9990 before 6:00 PM PST the same day your order was placed.
Refunds cannot be given under any other condition.
Local delivery is available. Request for local delivery must be made at least one business day before the delivery date.
For this service and pricing information, please call in your order at our boutique at (310) 247-9990.
INTELLECTUAL PROPERTY NOTICE
Unless otherwise noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of our website (collectively "Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Madame Chocolat. Our website as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to such copyright and trade dress are owned by or licensed to Madame Chocolat. You may download, print and store selected portions of the Content only if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy or post the Content on any network or website or transmit the Content in any media whatsoever; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading. See's or its licensor reserves all right, title, interest and full intellectual property rights in any Content you download from our website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content on our website.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We welcome your comments. However, by sending us any comments, feedback, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports or other communications (collectively "Comments"), whether oral or written, you hereby grant to Madame Chocolat a non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that See's has no duties to you, with respect to such Comments.
OUR WEBSITE AND ALL CONTENT AVAILABLE ON OUR WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT MADAME CHOCOLAT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR WEBSITE.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MADAME CHOCOLAT OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF OUR WEBSITE.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Madame Chocolat may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Madame Chocolat liability shall be the minimum permitted under such applicable law.
Effective Date: February 17, 2012