Terms of service

These Terms of Use (the "Terms of Use") govern your access and use of our websites, online shops, and applications (the "Sites").

Acceptance of Terms

The services that Chocolette Distribution LLC provide to you are subject to the following Terms of Use. We may modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the revision date, on the Sites. The version of these Terms of Use posted on our Sites on each respective date you visit the Sites will be the Terms of Use applicable to your access and use of the Sites on that date. Our electronically or otherwise properly stored copies of these Terms of Use shall be deemed to be the complete, valid, and authentic Terms of Use that were in force on each respective date you visited the Sites.

Ownership of the Sites and Access License

Chocolette Distribution LLC owns or has been licensed by third parties to use, all right, title, and interest in and to the Sites, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. “Content” does not include any Third Party Materials (as defined below) or any features or services made available through third party websites.

The Sites are proprietary to Chocolette Distribution LLC and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries. Chocolette Distribution LLC grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites solely for your personal or internal use. All rights not expressly granted to you in these Terms of Use are reserved and retained by Chocolette Distribution LLC.

Privacy Notice

Privacy Notice governs our use of your Personal Information. You may review the latest version of our Privacy Notice by clicking

here: ww.red-chocolate.com/privacynotice

Use of the Site

You represent and warrant to Chocolette Distribution LLC that all information that you provide to us in connection with your access to and use of the Sites will be true, accurate, and complete.

Further, you agree you will not do or attempt to do the following in connection with the Sites:

Use the Sites for any unlawful, unauthorized, fraudulent or malicious purpose, or any purpose other than as intended;
Transmit any data or content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that may invade another’s right of privacy or publicity, infringe upon another’s intellectual property rights, or that you otherwise do not have a right to transmit;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Chocolette Distribution LLC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Use any of the Chocolette Distribution LLC’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
Cause the Sites or any Content to be displayed in any way that is disparaging to Chocolette Distribution LLC otherwise imply or state that any type of relationship or special arrangements exist with Chocolette Distribution LLC and any other entity without Chocolette Distribution LLC’s consent;
Use any logo or trademark of Chocolette Distribution LLC as a hyperlink “button”, or in any other manner, without Chocolette Distribution LLC’s express prior written consent;
Harvest or otherwise collect information about others, including e-mail addresses;
Copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or access to the Sites;
Attempt to gain any unauthorized access to the Sites, including any associated computer systems, software, or networks, or use the Sites in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or
Use any robot, spider, scraper, or other automated or manual means to access the Sites, or copy any Content or information thereon.

Accounts

In order to utilize certain portions of the Sites, you may need to set up an account (including establishing a login ID and password). You may only establish an account on the Sites if you are age 18 or older. You are responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Chocolette Distribution LLC immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. You may not use any other user’s account, login ID, or password at any time. You may not transfer or assign your account. You may be held liable for losses incurred by Chocolette Distribution LLC or any other person or entity due to another person using your account, login ID, or password. We reserve the right to suspend or terminate your account in the event that you breach any of these Terms of Use.

Submissions

Any information, communications, or material of any type or nature that you submit to or post on the Sites (each, a “Submission”) is done at your own risk and without any expectation of privacy. Chocolette Distribution LLC does not own any Submissions provided via the Sites. You are fully responsible for all Submissions, which must comply with these Terms of Use. You grant Chocolette Distribution LLC a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein). You hereby represent and warrant that you have the legal right to make such Submissions, and such Submissions do not contain confidential or proprietary content of any third party. Chocolette Distribution LLC reserves the right to monitor Submissions as it deems appropriate and to remove any Submissions posted on the Sites for any reason in its sole discretion.

Electronic Communications

When you use the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Disclaimers

The information and materials available through the Sites are for informational and educational purposes only. You acknowledge and agree that your use of the Sites is at your own risk.

THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

CHOCOLETTE DISTRIBUTION LLC DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE is ACCURATE, CURRENT, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, secure, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, THAT it is or will be AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE is FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Chocolette Distribution LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT. Chocolette Distribution LLC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE website.

Limitation of Liability

IN NO EVENT SHALL CHOCOLETTE DISTRIBUTION LLC, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (collectively, the “CHOCOLETTE DISTRIBUTION LLC parties”), BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITES; (B) the security of the SITEs; (c) THE USE, COPYING, OR DISPLAY OF THE SITES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITES OVER THE INTERNET; (d) CHOCOLETTE DISTRIBUTION LLC’s PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE website; (e) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF SITES, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SITES.

UNDER NO CIRCUMSTANCES SHALL any of the CHOCOLETTE DISTRIBUTION LLC parties, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F), OR ANY OTHER CAUSE BEYOND THE CONTROL OF Chocolette Distribution LLC, EVEN IF Chocolette Distribution LLC WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF CHOCOLETTE DISTRIBUTION LLC parties, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, if any of the CHOCOLETTE DISTRIBUTION LLC parties IS FOUND LIABLE TO YOU AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE or THE SITES, the Chocolette Distribution LLC parties’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

Indemnification

You agree to indemnify, defend and hold the CHOCOLETTE DISTRIBUTION LLC Parties harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Sites, your access to and use of the Site, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Linked Websites

Certain hyperlinks may be provided on the Sites that link to other websites or social media platforms which are not under the control of CHOCOLETTE DISTRIBUTION LLC (the “Linked Websites”). CHOCOLETTE DISTRIBUTION LLC does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Chocolette Distribution LLC disclaims all liability arising in connection with such Linked Websites and makes no representations or warranties with respect to any products or services made available through any Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the Sites is provided by third party content providers (“Third Party Materials”), CHOCOLETTE DISTRIBUTION LLC has no responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. CHOCOLETTE DISTRIBUTION LLC does not represent or endorse the accuracy or reliability of any information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with CHOCOLETTE DISTRIBUTION LLC.

General

These Terms of Use constitute the entire agreement with respect to your access to and use of the Sites. You agree that you shall not contest the admissibility or enforceability of CHOCOLETTE DISTRIBUTION LLC’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by CHOCOLETTE DISTRIBUTION LLC shall not be deemed to be a waiver of any other provision of these Terms of Use. Any rights not expressly granted herein are reserved.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of the state of Delaware, without regard to conflicts of laws, principles. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of courts sitting in Lewes, Delaware for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use or otherwise related to or in connection with your access to and use of the Sites. You further expressly waive any claim that venue is improper for any reason in these courts. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the Sites must be commenced within one year after the cause of action arises

Contact Us

This Website is operated by or on behalf of CHOCOLETTE DISTRIBUTION LLC, located at 151 Philips Road Exton, PA 19341

Last Updated

These Terms of Use were last updated on January 3, 2024

Terms and Conditions of Purchasing

Definitions. As used in the Agreement (as hereinafter defined), capitalized terms shall have the following meaning: "Affiliate" means any entity that controls, is controlled by, or is under common control with the applicable party through the exercise of voting power or otherwise; "Agreement" means, collectively, these Terms (as amended, revised, and updated from time to time), any Purchase Order, and/or any other purchase agreement, the Specifications, and any and all of Chocolette Distribution LLC 's standards and policies referenced in and accompanying documentation that incorporate these Terms including its supplier code of conduct (as published on Chocolette Distribution LLC 's website and amended from time to time); "Goods" includes, without limitation, equipment and machinery, fungible goods, ingredients, raw materials, components and software; "Purchase Order" means a written order, a blanket purchase agreement, a blanket purchase order, a release against a blanket purchase agreement, a job or work order, a statement of work, or other mechanism for ordering Goods or Services; "Services" means the services described in any Purchase Order, and the deliverables provided in connection with such Services or otherwise provided by Supplier; "Specifications" means, as applicable (i) the written specifications, requirements, guidelines and/or standards with respect to the Goods or Services that have been provided or approved by Chocolette Distribution LLC ; (ii) a physical sample or prototype of the Goods that has been provided by Chocolette Distribution LLC to Supplier; or (iii) a physical sample or prototype of the Goods that has been provided by Supplier and approved by Chocolette Distribution LLC ; "Supplier" means the entity listed in the Agreement as seller, or otherwise the manufacturer, seller, or other provider of the Goods and Services, and its Affiliates, agents and representatives; "Terms" means these terms and conditions of purchasing.
Offer and Acceptance. The Agreement represents Chocolette Distribution LLC 's offer to purchase the Goods and/or Services set forth on the Purchase Order. Chocolette Distribution LLC 's offer to purchase the Goods and Services is expressly limited to, and expressly made conditional on, Supplier's acceptance of the terms of the Agreement, including, without limitation, these Terms. Chocolette Distribution LLC objects to any different or additional terms. Supplier will be deemed to have accepted the exclusive application of terms of the Agreement and waived any and all other terms (i) even if Supplier's acceptance purports to make acceptance conditional on acceptance of inconsistent, additional or different terms to the Agreement; (ii) when acknowledged by Supplier in writing; or (iii) if Supplier makes any shipment or performance in response to or in anticipation of a Purchase Order.
Price. The purchase price will be set forth in the Purchase Order. Unless otherwise provided in the Purchase Order, the price set forth in the Purchase Order includes all applicable taxes, duties, tariffs, surcharges, and other amounts assessable by any government authority with respect to the Goods or Services.
Quantity. The quantity and description of any Goods or Services will be set forth in the Purchase Order. Chocolette Distribution LLC makes no representations regarding the number of Purchase Orders to be placed, or volume of Goods or Services, beyond what is specified in a Purchase Order. Except for a Purchase Order or as otherwise expressly agreed in writing, nothing in the Agreement will constitute a commitment on the part of Chocolette Distribution LLC to purchase any specific quantity, amount or type of Goods or Services.
Invoices/Payment Terms. Supplier's invoices shall be submitted to Chocolette Distribution LLC and shall contain the following information: (1) Purchase Order number, (2) item number, (3) description of articles, (4) sizes, (5) quantities, (6) unit prices, and (7) extended totals. Invoices must coincide with the terms of the Purchase Order. Only one invoice per Purchase Order is acceptable. Failure to comply may cause a delay in payment. Unless otherwise set forth in the Purchase Order, payment terms are net 45 days from Chocolette Distribution LLC's receipt of a correct and undisputed invoice from Supplier. Chocolette Distribution LLC reserves the right to request additional supporting documents.
Delivery and Inspection. The Goods delivered and/or Services provided to Chocolette Distribution LLC shall not differ nor vary in any respect from those specified in the Agreement, including, without limitation, the quantity, quality, price, and time and place of delivery of the Goods and/or Services as set forth in the Purchase Order and the Specifications. Substitutes will not be accepted. Time is of the essence. Supplier will promptly notify Chocolette Distribution LLC of any known or anticipated delay or failure to meet any requirements of the Agreement. If Supplier is responsible for transportation, the Goods are to be shipped DDP Chocolette Distribution LLC 's facility, unless otherwise agreed, and the risk of loss, damage or destruction is on Supplier until delivery to the Chocolette Distribution LLC's facility. Supplier shall comply with any additional requirements regarding the packing and shipment as may be set forth in the Agreement. Notwithstanding prior delivery or payment, all Goods and Services are subject to inspection, testing and acceptance by Chocolette Distribution LLC upon delivery and Chocolette Distribution LLC expressly reserves the right to review and evaluate any Good delivered to determine whether it complies with the terms of the Agreement and, particularly, the Specifications. In case of nonconforming deliveries, if Chocolette Distribution LLC rejects any Good delivered or discovers, at any time, a latent defect, it shall notify Supplier, and Supplier shall have the right, within a reasonable period of time not exceeding ten (10) business days of such notice and at its own expense, to put the Chocolette Distribution LLC in the same position in which it would have been if the terms and conditions of the Agreement had been complied with (the "Correction Period").
Nonconforming Goods or Services. Chocolette Distribution LLC is not obligated to pay for or accept Goods or Services that do not comply with the Agreement. In case of non-conforming and/or late deliveries, and, if applicable, if and to the extent a cure cannot be effected or is not effected within a Correction Period, Chocolette Distribution LLC may, at its sole discretion, and without waiving any other remedy: (i) extend the Correction Period, if any; (ii) accept the non-conforming or untimely Good delivered and continue under the Agreement, subject to a reasonable reduction in compensation payable; (iii) reject the non-conforming or untimely Good delivered and, if and to the extent paid, receive a refund of any amounts paid to Supplier for the Good delivered and/or return any shipments to Supplier at Supplier's expense and risk; (iv) terminate the Agreement and/or the applicable Purchase Order without any obligation to pay any amount associated with the rejected or untimely Goods delivered; (v) be held harmless by Supplier, irrespective of any fault, for any damages suffered or incurred by Chocolette Distribution LLC, out of pocket cost or expense, including, without limitation, any cost of cover or cost of procurement of substitute goods, including reasonable attorney's fees; and/or (vi) demand specific performance.
Termination. In addition, and without prejudice, to any other remedies stated herein, Chocolette Distribution LLC reserves the right to terminate the Agreement or any Purchase Order as follows: (i) if a Purchase Order concerns Goods specifically manufactured, fabricated, or otherwise specifically produced pursuant to Specifications, then Chocolette Distribution LLC may terminate a Purchase Order, in whole or in part, at any time prior to delivery of the Goods by providing written notice to the Supplier, upon receipt of which, unless otherwise stated, the Supplier shall cease all work in connection with the Purchase Order concerned and Chocolette Distribution LLC shall pay, and Supplier shall accept as full compensation, Supplier's actual direct out of pocket cost and expense up to such date, which shall in no event exceed the overall purchase price stipulated in the Purchase Order, and Supplier shall, upon Chocolette Distribution LLC 's request, deliver the finished and/or unfinished part of the Goods to Chocolette Distribution LLC; or (ii) in any other case, by providing Supplier fifteen (15) days' prior written notice. In addition, Chocolette Distribution LLC may terminate the Agreement or any Purchase Order at any time if any of the following occurs: (i) Supplier fails to comply with any requirements or obligations under the Agreement; (ii) Supplier makes any assignment for the benefit of Supplier's creditors; or (iii) a receiver is appointed for Supplier.
Recalls. Chocolette Distribution LLC may initiate a recall, withdraw the Goods or any product manufactured with the Goods (a "Product"), or suspend the sale or distribution of the Product (a "Recall") if (i) the Product creates a risk of personal injury or public safety, (ii) Chocolette Distribution LLC reasonably anticipates that the Product will adversely affect Chocolette Distribution LLC, and/or the goodwill associated with Chocolette Distribution LLC, or (iii) Chocolette Distribution LLC is ordered or requested by a governmental authority to do so. Supplier undertakes to fully cooperate, at its sole cost and expense, with Chocolette Distribution LLC in case of a Recall and will not contact any third parties or make any public statement regarding any investigation, notification or Recall without the prior written consent of Chocolette Distribution LLC
.
Supplier's Representations and Warranties. Supplier represents, warrants, and covenants to Chocolette Distribution LLC that all Goods and Services: (i) are free from defects; (ii) are merchantable and fit for their intended purpose; (iii) conform to the requirements of the Agreement, and, particularly, the Specifications; (iv) are free and clear of all liens, claims or encumbrances; (v) comply with all applicable laws, ordinances, regulations, rules or governmental orders; and (vi) do not infringe or violate the intellectual property rights of any third parties. Supplier further warrants that all Services hereunder shall be performed by personnel with the experience, training, skill and other qualifications needed to perform the Services, and will be provided in a timely, professional and workmanlike manner, in accordance with the highest industry standards. Supplier further represents and warrants that (i) Supplier has all necessary licenses, permits, rights, powers, and authority to enter into the Agreement and perform its obligations pursuant to the Agreement; and (ii) the execution and performance of the Agreement will not result in the breach by Supplier of any agreement, covenant, court order, judgment or decree to which Supplier is a party or by which it is bound. Unless otherwise provided in a Purchase Order, all warranties contained in the Agreement are in addition to all other warranties, express, implied or statutory, applicable to Supplier or the Goods or Services.
U.S. Government Sales. The United States Government may be a customer for the Products and/or Services. To the extent applicable, the Supplier and Chocolette Distribution LLC shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), as may be amended. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.
Indemnification. Supplier shall indemnify, defend, and hold harmless Chocolette Distribution LLC and its Affiliates and their directors, officers, managers, employees, representatives, agents, successors and assigns ("Chocolette Distribution LLC Indemnified Parties") from and against any and all demands, allegations, claims, liability, third party actions, investigations, suits, loss or expense, including, without limitation, reasonable attorneys' fees and cost of litigation ("Claims"), arising out of or related to (i) the actual or alleged infringement, violation, or misappropriation of a third party's intellectual property rights by Supplier or the Goods or Services (excluding claims of infringement arising from Chocolette Distribution LLC intellectual property); (ii) Supplier's breach of the Agreement including, in particular, Supplier's covenants, representations, and warranties; (iii) any claims of personal injury, death, or property damage caused by the Goods or arising out of the Supplier's performance (or non-performance) of the Services; (iv) Supplier's negligence or willful misconduct; or (v) any disputes between Supplier and any supplier, vendor, or service provider of Supplier. In addition, Supplier shall indemnify, defend, and hold harmless the Chocolette Distribution LLC Indemnified Parties from and against any and all Claims arising out of or related to Recalls of the Goods resulting from Supplier's breach of the Agreement, Supplier's violation of laws, or Supplier's negligence or willful misconduct. The obligation to pay attorneys' fees in this indemnity provision includes all attorneys' fees incurred in defending any claim or establishing the right to indemnity under the Agreement. All indemnification obligations survive the termination of the Agreement.
Rights and Remedies. In addition to such other rights or remedies that Chocolette Distribution LLC may have hereunder or by applicable law, if Supplier breaches any term of the Agreement, Chocolette Distribution LLC will have the right to: (i) terminate the Agreement and/or any Purchase Order; (ii) demand the immediate return of all confidential information; (iii) recover its damages incurred by reason of such breach, including, without limitation, incidental and consequential damages, and its attorneys' fees and costs of litigation; (iv) obtain injunctive relief to prevent such breach or to otherwise enforce the terms of the Agreement; and (v) pursue any other remedy available at law or in equity. All rights and remedies of either party hereto are cumulative of each other, and the exercise of one or more rights or remedies will not prejudice or impair the concurrent or subsequent exercise of other rights or remedies.
Miscellaneous. Chocolette Distribution LLC objects to any inconsistent, additional or different terms in any prior or subsequent invoice, acknowledgment, confirmation or other document. Trade custom, trade usage and past performance are superseded by the Agreement and may not be used to interpret the Agreement. Chocolette Distribution LLC 's waiver of any term, condition or provision of the Agreement shall not be construed to be a waiver of any other term, condition or provision nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision, nor shall it be deemed a waiver of any provision in any subsequent Purchase Order or other agreement between the parties. In case of discrepancies between these Terms (as amended, revised, and updated from time to time) and a Purchase Order, the Purchase Order shall prevail. Any provision of the Agreement which imposes upon a party an obligation after termination or expiration of the Agreement will survive the termination or expiration of the Agreement or the completion or fulfillment of any Purchase Order, and shall be binding upon such party, its successors and assigns.
Confidential Information. All descriptions, formulae, plans, Specifications, and all other information given to Supplier by Chocolette Distribution LLC in connection with performance of the Agreement involve valuable property rights of Chocolette Distribution LLC and shall, any existing non-disclosure covenants and/agreements which may be in place between Chocolette Distribution LLC and Supplier notwithstanding, which shall remain unaffected by these Terms, be held confidential by Supplier, shall remain the sole property of Chocolette Distribution LLC , and shall not be used by Supplier for any purpose other than that for which it has been supplied or prepared. Supplier shall not use for publicity or other purposes any photographs, drawings or other materials submitted in connection with the performance of the Agreement without obtaining the prior written consent of Chocolette Distribution LLC and at Chocolette Distribution LLC 's request, Supplier shall return all materials provided by Chocolette Distribution LLC.
Governing Law and Dispute Resolution. If any of the provisions of the Agreement are held by any court to be invalid or unenforceable, the provision will be given effect to the greatest extent legally permissible, and such invalidity or unenforceability will not affect the enforceability of the remainder of the Agreement. Chocolette Distribution LLC shall have the right to amend, revise and update these Terms at any time. Except as amended in accordance with the immediately preceding sentence, the Agreement, including, in particular, the Purchase Order and the Specifications, constitutes the entire and complete agreement between the parties and may not be altered or modified except with Chocolette Distribution LLC 's prior written consent. The Agreement is governed by and interpreted under the laws of the State of New York without reference to conflicts of law principles and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded. The parties agree to the exclusive jurisdiction and venue of the courts located in Stratham, New Hampshire. In the event of any dispute regarding the interpretation or enforcement of the Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and cost of litigation.

Rider for PO:

THIS PURCHASE ORDER IS EXPRESSLY AND EXCLUSIVELY GOVERNED BY THE ATTACHED TERMS AND CONDITIONS OF PURCHASING.

Privacy and Security

CHOCOLETTE DISTRIBUTION LLC (“CHOCOLETTE DISTRIBUTION LLC”, “we”, “us” or “our”) is committed to protecting your privacy. This Privacy Notice (“Privacy Notice”) explains how CHOCOLETTE DISTRIBUTION LLC processes Personal Information, for what purposes, how we disclose it, and what choices you have regarding our use of information about you. This Privacy Notice applies to information collected on our websites, online shops, and applications (“Sites”).

How do we collect information about you?

We may collect identifying information about you (“Personal Information”) through automatic interactions with you, through submissions you make directly to us, and through third parties.

Information we collect about you through your use of Sites

We use cookies and other tracking technology which collect certain kinds of information when you interact with our websites and apps, such as IP addresses, browsing preferences and pages you have viewed, as well as information about your navigation experience (time of the visit). You can read more about these policies below and in our Cookie Notice [https://www.red-chocolate.com/cookie-policy

Information you provide to us

We collect Personal Information when you request information about us, purchase our products, register for a contest, or use an application of our company.

Information we receive from third parties

We work closely with third parties (for example, business partners, affiliates of CHOCOLETTE DISTRIBUTION LLC, advertising networks, payment processors, and analytics providers) and may obtain information about you from them. For example, we may obtain information about your shopping habits in order to better customize our products to you.

What type of information is collected about you?

We may collect the following Personal Information about you:

Name and contact data. Your first and last name, email address, home or business address, phone number.
Demographic data. Data about you such as your age, gender, country, and preferred language.
Payment data. Payment card number and related information such as expiration date and any required codes.
Images and videos. Any images, videos and personal stories that you may provide as a result of your use of Sites.
Location data. Data about your location which can be precise or imprecise. For example, we collect location data about nearby cell towers and hotspots as well as zip code data which provides a less precise location.
Feedback and ratings. Any information that you provide to us about our Sites.
Credentials. Passwords, password hints, and other security information used for authentication.

How is information collected about you used?

We use Personal Information about you for the following purposes:

To provide you with our Sites, products or information you asked for;
To improve and develop our Sites and products;
To administer contests and promotions for which you signed up;
To personalize our products and Sites and make recommendations to you;
To allow you to participate in our loyalty program;
To address Sites integrity or security issues;
To send you updates about our Sites;
To facilitate and otherwise address certain inquiries or requests regarding the Sites, or respond to your questions or requests for information about or from CHOCOLETTE DISTRIBUTION LLC;
To ensure compliance with any CHOCOLETTE DISTRIBUTION LLC policies and any applicable law, regulation or order;

To protect the rights, property, or personal safety of another CHOCOLETTE DISTRIBUTION LLC user, website visitor, other users of the Sites, or any member of the public;
To operate our Sites.

With whom do we share the information that we collect?

We share Personal Information about you with third parties, as needed, to administer our website and perform our Sites, and as described in this Privacy Notice. We may share Personal Information about you with affiliates, agents, service providers, and distributors in order to administer our Sites.

We may also use and disclose certain aggregated, anonymized information, such as website usage data, to our trusted business partners. Such information may also be shared with third parties for advertising, informational, or comparison purposes. However, such information shall not be personally identifiable to any user.

We may also share Personal Information in connection with a substantial corporate transaction, such as sale of our business, a divestiture, merger or consolidation.

The below chart summarizes our collection, use and disclosure of personal data:

Types of Personal Data Collected	Source of the Personal Data	Purpose for Collection	Information Disclosed for a Business or Commercial Purpose? (Yes/No)	Categories of Third Parties (Which Does Not Include Service Providers) with whom the Personal Data is Shared.
Identifiers (e.g., name, e-mail, postal address, and phone number)	Information directly submitted by a consumer online or offline (such as through a survey); information collected pursuant to a transaction; information collected through communications with our customer service department; and information collected from business partners and analytics service providers.	To deliver, improve, and provide our products and related services. For marketing activity such as to administer our loyalty program and administer contests. Internal record keeping and operations, including legal compliance. To provide customer support.	Yes	Business partners, affiliates, and distributors.
Demographic Information	Information directly submitted by a consumer online or offline (such as through a survey); information collected pursuant to a transaction; information collected through communications with our customer service department; and information collected from business partners and analytics service providers.	To deliver, improve, and provide our products and related services. For marketing activity such as to administer our loyalty program and administer contests. To analyze business and consumer trends. Internal record keeping and operations, including legal compliance.	Yes	Business partners, affiliates, and distributors.
Professional or Employment Information	Information directly submitted by a consumer online or offline (such as through a survey); information collected pursuant to a transaction; information collected through communications with our customer service department; and information collected from business partners and analytics service providers.	To deliver, improve, and provide our products and related services. For marketing activity such as to administer our loyalty program and administer contests. To analyze business and consumer trends. Internal record keeping and operations, including legal compliance. To provide customer support.	Yes	Business partners, affiliates, and distributors.
Commercial Information (e.g., purchase histories)	Information directly submitted by a consumer online or offline (such as through a survey); information collected pursuant to a transaction; information collected through communications with our customer service department; and information collected from business partners and analytics providers.	To deliver, improve, and provide our products and related services. To maintain and secure our Sites and related media. For marketing activity such as to administer our loyalty program and administer contests. To analyze business and consumer trends. Internal record keeping and operations, including legal compliance. To provide customer support.	Yes	Business partners, affiliates, and distributors.
Financial Account Information	Information directly submitted by a consumer online or offline (such as through a survey); information collected pursuant to a transaction; information collected through communications with our customer service department; and information collected from business partners and analytics providers.	To deliver, improve, and provide our products and related services. To maintain and secure our Sites and related media. For marketing activity such as to administer our loyalty program and administer contests. To analyze business and consumer trends. Internal record keeping and operations, including legal compliance. To provide customer support.	Yes	Business partners, affiliates, and distributors.
Geolocation Data	Informationdirectly submitted by a consumer online or offline (such as through a survey); information collected pursuant to a transaction; information collected through communications with our customer service department; and information collected from business partners and analytics providers.	To deliver, improve, and provide our products and related services. To maintain and secure our Sites and related media. For marketing activity such as to administer our loyalty program and administer contests. To analyze business and consumer trends. Internal record keeping and operations, including legal compliance. To provide customer support.	Yes	Business partners, affiliates, and distributors.
Consumer Preferences such as feedback	Information directly submitted by a consumer online or offline (such as through a collected through communications with our customer service department; and information collected from business partners and analytics providers.	To deliver, improve, and provide our products and related services. To maintain and secure our Sites and related media. For marketing activity such as to administer our loyalty program and administer contests. To analyze business and consumer trends. Internal record keeping and operations, including legal compliance. To provide customer support.	Yes	Business partners, affiliates, and distributors.
Website Browsing Activity	Web tracking technology such as browser cookies, flash cookies, and web beacons.	Website functionality, customization and security. Advertising and marketing.	Yes	Third party web tracking providers.

What are your choices about the Personal Information collected?

When submitting information and interacting with our Sites, you choose which information you wish to share. Please take care to share only such information as is needed or that you believe is appropriate. Any promotional email we send to you will contain a link which will allow you to opt out of receiving any further correspondence. If you have created an online account, you may also change your correspondence preferences by logging into your account.

You may also opt-out at any time from marketing communications by contacting us at https://www.red-chocolate.com/contact-us. (we need this page to be made) You may disable your online account access at any time; however, this will not necessarily result in the deletion of any Personal Information.

You can also limit the use of tracking technologies, such as cookie collection which can be modified in browser settings on your device.

Use of cookies, web beacons, and Google Analytics

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honoring your preferences and settings, enabling you to sign-in, providing interest-based advertising, combating fraud, analyzing how our products perform, and fulfilling other legitimate purposes.

We also use “web beacons” to help deliver cookies and gather usage and performance data. Our websites may include web beacons, cookies, or similar technologies from third-party service providers.

Our Sites may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of our Sites and how we can improve it. Google Analytics collects information such as how often users visit our Sites, what pages you visit when you do so, and what other websites you used prior to coming to the Sites. Google Analytics collects only the IP address assigned to you on the date you visit the Sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our Sites, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Sites is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Sites, to prepare reports on its activities and share them with other Google Sites. Google may use the data collected on the Sites to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Sites, please review “How Google uses information from sites or apps that use our Sites,” (located here or any successor URL).

You can learn more about our use of cookies by reviewing our Cookie Notice. [https://www.red-chocolate.com/cookie-policy] (we need to make this site)

How do we keep Personal Information secure?

CHOCOLETTE DISTRIBUTION LLC takes commercially reasonable measures to secure and protect information transmitted via our Sites. Our Sites are scanned regularly for security holes and known vulnerabilities in order to make your use of our Sites as safe as possible.

Nevertheless, because no Sites are impenetrable, we cannot guarantee that information that users of the Sites may transmit or otherwise supply will be totally secure.

How long do you keep Personal Information?

We hold on to different types of data as necessary to provide the products and fulfill the transactions you requested, or for another legitimate purpose such as complying with legal obligations. Because the needs vary based on different data types, retention periods may vary significantly.

For example, we may keep information about you and how you use our Sites as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm as described in the How We Use Information section above.

Links to third party websites

For your convenience, some hyperlinks may be posted on our Sites that link to other websites not under our control. We are not responsible for, and this Privacy Notice does not apply to, the privacy practices of those sites or of any companies that we do not own or control.

Changes to this Privacy Notice

We may change this Privacy Notice from time to time. You should visit our website at [https://www.red-chocolate.com] for the most up to date version of the Notice. If we make material changes to this Notice, we will provide you with a more prominent notice ahead of the Effective Date.

California Privacy Rights

Data Subject Rights – California Residents

This portion of our Privacy Policy advises California residents of rights provided in the California Consumer Privacy Act (“CCPA”) and how to effectuate those rights by communicating with us. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your Personal Information.

Please direct any rights requests (as further described below) or additional questions you may have regarding this Privacy Policy via email or postal mail to:

hello@chocolette.com
ATTN: Legal Department
Chocolette Distribution LLC.
151 Philips Road
Exton, PA 19341

If you do, we will need to collect Personal Information and other information such as your name, email or transaction history in order to verify your identity. You may also authorize an agent to make a request on your behalf, who will need to provide similar information for verification.

Right to Deletion of Personal Information

California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA. Chocolette Distribution LLC may not delete some or all requested Personal Information as required or allowed by applicable law.

Right of Access: Right to Request Disclosure of Data Collection and Sharing Practices

You may request to receive details about how we collect, use, and share your Personal Information. Specifically, you may request to receive the specific pieces of Personal Information that we have collected about you.

You may also request to receive:

the categories of Personal Information that we have collected about you,
the categories of Personal Information that we have disclosed for a business purpose,
the categories of sources from which we collected the Personal Information,
our purposes for collecting that Personal Information, and
the categories of parties with whom we share your Personal Information.

Do Not Track Requests

Certain states such as California and Delaware require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. We do not monitor or follow any Do Not Track browser requests.

Are Children allows to use the Sites?

Our Sites are intended for a general audience and is not intended for use or view by children under 13 years of age without parental consent, and we do not knowingly collect information about children or sell products to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.

If you have questions about this Privacy Notice or the way in which CHOCOLETTE DISTRIBUTION LLC uses Personal Information about you, you can email us at: [hello@chocolette.com]

Alternately, you may also contact us at:

CHOCOLETTE DISTRIBUTION LLC
151 Philips Road
Exton, PA 19341

Updated: [1/3/22]

Our Cookie Notice

Chocolette Distribution LLC makes use of cookies and tracking technologies for various reasons, including to support the operation of our Sites, to understand how you and other visitors interact on our pages and to provide advertising messages to a targeted audience. You can find more information about the usage of cookies in this Cookie Notice.

A cookie is a small piece of information sent to the hard drive of your device via a web server so that some information about your browsing activity can be collected.

We refer to the term “cookie’ for any technology collecting information from your device, such as information about your use of our applications and websites, or concerning your device such as the device ID, IP address and browser type, demographic data and if applicable the URL of the linking page.

Our use of web beacons or pixel tags allows us to count the number of visitors who have viewed our pages or read our promotional e-mail messages/newsletters. They are not used to access Personal Information about you without your consent.

Necessary Cookies: Such cookies are strictly necessary for the operation of a site. Without such cookie, the Sites will not function properly. These cookies do not gather any information about you that may be used for marketing or retaining where you've been on the internet. We use them to

Remember information you have entered when you navigate to different pages in a single web browser session
Identify you as being logged in to our Sites
Remember the goods and services you ordered when you reach the checkout page

Performance cookies collect information in regard to your use on our Sites. The information collected is anonymous. We use them to

Provide statistics on how our Sites are used
See how effective our advertisements are (we do not use this information to target adverts to you when you visit other websites)
Help improve our Ss by measuring any errors that occur
Test different designs of our Sites

Functionality cookies are used to provide services or remember settings to improve your visit. We use them to

Remember settings you have selected such as layout, language, or preferences
Remember if we have already asked you if you want to fill out a survey
Show you when you are logged in to our Sites
Share information with partners to provide a service on our Sites. The information shared is only to be used to provide the service, product or function and not for any other purpose.

Targeting cookies are linked to third party services, such as 'Like' buttons and 'Share' buttons. The third party provides these services in return for recognizing that you were a visitor to our Sites. We use them to

Link to social networks like Facebook, which may subsequently use information about your visit to target advertising to you on other websites
Provide advertising agencies with information on your visit so that they can present you with adverts that you may be interested in.

Name	Purpose	Type of Cookie and Lifetime
PowerReviews	PowerReviews product reviews and ratings service. https://www.powerreviews.com/ad-and-cookie-policy/	Functionality 2 years
Lucky Orange	This site uses the Lucky Orange analytics system to help improve usability and the customer experience. https://www.luckyorange.com/privacy.php	Performance 30 days to 90 days
Listrak	The use of information collected through our Platform shall be limited to the purpose of providing the Services for which our clients have engaged Listrak. https://www.listrak.com/privacy-and-terms/privacy/	Performance 2 year
Google Analytics	Recall what a user has done on previous pages/interactions with the website. https://policies.google.com/technologies/cookies?hl=en-US	Performance 1 year
Google Adwords	Measure conversion on how many people who click on ads end up purchasing their products. https://policies.google.com/privacy?hl=en	Performance 1 year
Facebook	Authentification, security, website and product integrity, website functions and services, performance, analytics und research, advertising, statistics and measurement. https://www.facebook.com/policy/cookies	Performance and Targeting 2 weeks to 2 years
Pinterest	Personalization, preferences, log in, security, analytics Pinterest may use third-party analytics or security vendors. https://policy.pinterest.com/en/cookies	Performance and Targeting 2 years
Twitter	Our services use cookies and other similar technologies, such as pixels or local storage, to help provide you with a better, faster, and safer experience. https://help.twitter.com/en/rules-and-policies/twitter-cookies	Performance 2 weeks to 2 years
Instagram	We may use technologies like cookies, pixels and local storage to deliver, secure, and understand products, services, and ads https://help.instagram.com/1896641480634370?ref=ig	Performance 2 weeks to 2 years

If you wish to block our use of cookies, you may do so by activating your browser settings. In order to do so, refer to the “Help” function within your browser. Alternatively, you can visit http://www.allaboutcookies.org/ where you will find comprehensive information on cookie management and blocking which pertains to a wide variety of browsers (http://www.allaboutcookies.org/manage-cookies/). We reserve the right to make any changes and corrections to this Cookie Notice. Please refer to this page from time to time to review our list of cookies and other tracking technologies.

MOBILE TERMS & CONDITIONS

RED Chocolate offers its customers mobile alerts regarding sales, promotions, product alerts, and cart reminders by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. RED Chocolate reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

Authorize RED Chocolate to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

Acknowledge that you do not have to agree to receive messages as a condition of purchase.

Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call customer support at 833-446-3854. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive alerts about:

Sale promotions
Event information
Product launch announcements
Cart reminders
Price drop alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. RED Chocolate may add or remove any wireless carrier from the Service at any time without notice. RED Chocolate and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from RED Chocolate, text the word STOP any time or reply STOP to any of the text messages you have received from RED Chocolate. After texting STOP, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time. This will provide you with a toll-free number for customer support. You can also contact us at RED Chocolate at 833-446-3854

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of RED Chocolate’s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and RED Chocolate hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RED CHOCOLATE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND RED CHOCOLATE AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Updated: [05/04/24]

RETURNS AND GUARANTEES

Due to the perishable nature of our product we cannot accept returns. With RED Chocolate, your order is guaranteed to arrive in perfect condition. If you are not completely satisfied with the condition of your order upon arrival, please contact RED Chocolate Customer Service at help@chocolette.com within 5 days of receipt. We will ask you to provide detailed information and photograph(s) of any issue(s) you may have experienced with your order. Our team will work to make it right.

RED Chocolate cannot be responsible for orders returned to us due to invalid addresses, or non-adherence to our shipping policies. For delivery and shipping policies and requirements, see our shipping page.

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