Ethel M® Chocolates Store - Terms & Conditions
2. PRODUCT AND MERCHANDISE ORDERS
a. Pricing. Pricing, payment, and other terms applicable to Products and Merchandise purchases are set forth on the Site and incorporated into these Terms by reference. Ethel M Chocolates may, in its sole discretion, change any such prices or other terms at any time without notice.
b. General Requirements. By placing an order, you represent and warrant to Ethel M Chocolates that:
- You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi).
- The person receiving a shipment of Products that contain alcohol* from Ethel M Chocolates is over the age of 21 and the delivery is to AR, AZ, CA, CO, DE, FL, HI, IL, IA, KY, LA, MD, MN, MO, NC, NE, NH, NV, NJ, NY, OR, TX, VA, WA, or WV. You also agree that any Products containing alcohol purchased from the Site are intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. (*Certain Ethel M® Chocolates products contain alcohol in excess of 0.5% by weight but not more than 4% by weight. Use of or sale of such products to persons under 21 years of age is unlawful. As with any product containing alcohol, pregnant women should consult their physician before consumption).
- If you are an individual consumer, the Products and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Products or Merchandise to any third party for commercial purposes.
- If you are a business, the Products and/or Merchandise is being ordered on the Ethel M Chocolates website solely to promote your own products or services by distributing the Products and/or Merchandise to Customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the Products or Merchandise. (Note: If you are a promotional agency or distributor, you may resell the Products and/or Merchandise solely to businesses for use by such businesses to promote their own products or services as described in these Terms.) If you are a business, Ethel M Chocolates and American Heritage Chocolates are available for purchase for resale through Ethel M Chocolates, provided you have an agreement with Ethel M Chocolates. To find out more information, contact our Business Solutions Specialists via e-mail at email@example.com or call us for a consultation at 1-800-438-4356, Mon-Fri, 8am-4:30pm PT.
- You will handle, store, and transport all Products in accordance with applicable laws and regulations and in a clean and sufficiently odorless environment so that the Products are not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Products.
c. Order Acceptance. All orders are subject to acceptance by Ethel M Chocolates. Ethel M Chocolates must and does reserve the absolute right to reject orders in its sole discretion.
3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS
a. For Merchandise and Products: Please check the status of your order online. If the status of your order appears as 'shipped,' we are unable to add to, change or cancel your order. If your order has not yet been shipped, you may call Customer Service at 1-800-438-4356, chat or e-mail us and a representative will gladly assist you with your changes or cancellation.
4. YOUR CONTENT
From time to time, Ethel M Chocolates may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, Ethel M Chocolates does not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ethel M Chocolates to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms.
You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant Ethel M Chocolates and its affiliates a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Ethel M Chocolates’ and its affiliates’ business, including, without limitation, for promoting Products, Merchandise, and the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that Ethel M Chocolates may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site. The above licenses granted by you in Content are perpetual and irrevocable. You further agree that (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that Ethel M Chocolates or its affiliates in their sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another's computer.
5. FORCE MAJEURE
Notwithstanding any other provision of these Terms, if Ethel M Chocolates is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, Ethel M Chocolates will not be liable for damages resulting from such delay or prevention. Ethel M Chocolates will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.
You agree to defend, indemnify, and hold harmless Ethel M Chocolates, its parent and affiliates, and all of the officers, directors, affiliates, employees, suppliers and agents of the foregoing from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, (iv) breach of any provision of these Terms or the term incorporated herein by reference by you or any third party using your account or password; (v) Content; and/or (vi) your use of the Site.
Ethel M Chocolates may change, suspend, or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Products and/or Merchandise and the availability of any information, without prior notice or liability. Ethel M Chocolates reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.
8. WARRANTY DISCLAIMER
ETHEL M CHOCOLATES PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETHEL M CHOCOLATES AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.
9. LIMITATION OF LIABILITY
In no event will Ethel M Chocolates or its affiliates be liable for any consequential, indirect, punitive, or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Products or Merchandise, even if Ethel M Chocolates has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superseded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of Ethel M Chocolates. All remedies available for breach of these Terms and legal terms on the mars.com website are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy of the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.