 |
|
||||||||||||||||
|
| |||||||||||||||||
| Sign In or Register | | Home |
|  | Terms and ConditionsTHANK YOU FOR ORDERING PRODUCTS FROM WORLD’S FINEST® CHOCOLATE. IN ORDER FOR WORLD’S FINEST® CHOCOLATE TO PROVIDE YOU WITH THE PRODUCTS YOU HAVE SELECTED, YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE EXECUTING THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. THE TERMS "YOU" AND "YOUR" AS USED IN THIS AGREEMENT REFER TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT COMPLETES THIS REGISTRATION FOR THE PROVISION OF THE PRODUCTS (REFERRED TO HEREIN AS THE "PRODUCTS") SPECIFIED ON THE ORDER FORM OF THE WORLD’S FINEST® CHOCOLATE WEB SITE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOUR ORDER WILL NOT BE ACCEPTED.This agreement (the "Agreement") is entered into between World’s Finest® Chocolate, Inc. ("World’s Finest® Chocolate") and You. 1. Entire Agreement The terms and conditions herein, together with World’s Finest® Chocolate web site terms and conditions and its On-Line Privacy Statement, constitute the complete and exclusive statement of the terms and conditions of the parties' agreement and no prior agreement or oral agreement shall in any way modify, change or add to such terms and conditions. You are expressly limited to the terms herein and thereof, and any provision in any acceptance, proposal, acknowledgment, invoice, or other writing submitted by You which is in addition to or is different from such provisions, whether such provision materially alters this Agreement or not, is objected to and is not accepted by World’s Finest® Chocolate. 2. Acceptance The acceptance of Your order is conditioned upon World’s Finest® Chocolate's verification and acceptance of the credit information You have provided to World’s Finest® Chocolate. World’s Finest® Chocolate shall have the right to reject Your order in the event World’s Finest® Chocolate determines, in its sole discretion, that Your credit card information or other credit information is insufficient, incomplete, or inadequate to warrant acceptance of Your order. The shipment by World’s Finest® Chocolate of the Products shall be deemed an acceptance of Your order. 3. Rejection World’s Finest® Chocolate reserves the right to reject this order at any time before acceptance. This is not a firm offer on the part of World’s Finest® Chocolate. 4. Terms of Payment All personal orders must be paid by credit card on the website. Credit cards will be charged when the order is shipped. To set up payment terms, please call our customer service department at 1.888.821.8452. When customers are set up with invoice payment, the terms are net thirty (30) days. World’s Finest® Chocolate will charge the lesser of one and one half (1 ½) percentage interest per month or the highest rate allowable by law to late payments over thirty (30) days. 5. Packaging and Shipment All Products furnished hereunder will be shipped F.O.B. point of shipment, and possession in such Products shall pass to You upon World’s Finest® Chocolate' delivery to the carrier at the point of shipment. Products will be packaged in accordance with World’s Finest® Chocolate' standard procedures. Shipping is calculated according to the shipping tables posted on the World’s Finest Website. 6. Warranties World’s Finest® Chocolate fully warrants and guarantees all Products ordered herein. If for any reason You are not completely satisfied with Your order, World’s Finest® Chocolate will replace the Products, credit Your account, or issue a full refund. 7. Limitation of Liability In the event You are not satisfied with the Products, Your sole and exclusive remedy shall be to either have World’s Finest® Chocolate replace the Products, credit Your account for the purchase price of the Products, or issue a full refund for the Products. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WORLD’S FINEST® CHOCOLATE DISCLAIMS ANY AND ALL LIABILITY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS. IN NO EVENT WILL WORLD’S FINEST® CHOCOLATE' LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION, EXCEED THE TOTAL AMOUNT RECEIVED BY WORLD’S FINEST® CHOCOLATE FROM YOU FOR THE PRODUCTS ORDERED HEREIN. Notwithstanding anything herein to the contrary, nothing contained herein shall operate to relieve World’s Finest® Chocolate from liability for its own willful or wanton recklessness or intentional torts. 8. Proprietary Information You understand and agree that all copyright, trademark, patent, trade secret and other intellectual or proprietary rights in and to the Products (the "Proprietary Information") are owned by World’s Finest® Chocolate or its licensors. You agree not to infringe upon any of World’s Finest® Chocolate' rights in or to the Proprietary Information. 9. Qualifications You represent and warrant that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement and (if You are an individual) You are over the age of eighteen (18); (ii) You will comply with all of the terms, conditions and restrictions set forth in this Agreement; and (iii) You have provided honest, accurate and complete information in connection with Your order of the Products. You acknowledge and agree that World’s Finest® Chocolate relies upon Your representations, warranties and covenants in agreeing to provide the Products to You. 10. Indemnification You agree to indemnify and hold World’s Finest® Chocolate and its officers, directors, agents, employees, affiliates, successors and assigns harmless from and against any and all claims, damages, liabilities, losses, judgments, costs and expenses (including costs and legal fees) occasioned by or arising out of: (a) any breach or claimed breach of any of Your representations, warranties, or covenants made hereunder; or (b) any other negligent or willful acts or omissions on Your part. 11. Privacy It is World’s Finest® Chocolate' policy to respect its customer's privacy in accordance with World’s Finest® Chocolate' Online Privacy Statement. 12. Miscellaneous (a) Assignment. You shall not delegate, assign, or otherwise transfer this Agreement or any of Your rights or obligations hereunder without World’s Finest® Chocolate' prior written consent. World’s Finest® Chocolate may delegate, assign or transfer this Agreement and/or its rights or obligations hereunder. (b) Applicable Law and Arbitration. The rights and obligations of the parties hereunder shall be governed by the laws of the State of Illinois. Any controversy or claim arising out of or relating to this order shall, at World’s Finest® Chocolate' option, be settled by arbitration held in Chicago, Illinois in accordance with the rules of the American Arbitration Association (except for equitable actions), and judgment upon any award thereon may be entered in any court having jurisdiction thereof. (c) Termination. World’s Finest® Chocolate reserves the right, without liability to You, to terminate all or any part of Your order in the event that (i) You fail or are unable to comply with any of the terms and conditions hereof; (ii) You are or become insolvent or unable to meet Your obligations as they became due; (iii) a voluntary or involuntary petition of bankruptcy is filed by or against You; or (iv) any representation made by You pursuant to this order is false or misleading. (d) Costs and Attorneys' Fees. In the event any action or suit is brought by World’s Finest® Chocolate by reason of any default or breach of this Agreement by You, World’s Finest® Chocolate shall be entitled to recover from You all of its costs and expenses, including reasonable attorneys' fees. (e) Construction. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. (f) Non-Waiver and Cumulation of Remedies. The failure by World’s Finest® Chocolate at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity will not constitute a waiver of such provision, right, remedy or affect the validity of this Agreement. The waiver of any default by World’s Finest® Chocolate will not be deemed a continuing waiver. Except as expressly provided herein, all remedies available to World’s Finest® Chocolate for claims arising from or related to this Agreement, or at law or in equity, are cumulative and may be exercised concurrently or separately. (g) Binding Agreement. This Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. (h) Amendment. You may not modify or amend this Agreement except with the written approval of World’s Finest® Chocolate. (i) Consent to Electronic Transmission. You agree to be bound by any affirmation, assent or agreement you transmit through the World’s Finest® Chocolate web site. You agree that, when You click on an "Submit," or "Next" or other similarly worded "button" or entry field with Your mouse, keystroke or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature. You further agree that all agreements, notices, disclosures and other communications that World’s Finest® Chocolate provides to You electronically satisfy any and all legal requirements that such communications be in writing. Last Revised: 08/16/04
| |
|
|
