Terms and Conditions

Table of Contents

These Terms and Conditions together with our Privacy & Cookies Policy (hereinafter, referred to as the “Terms”) for the website http://chocolak.com, including, without limitation, its sub-domains and mobile versions, (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (hereinafter, referred to as “user”, “you”, “your”) of the Website and Chocolak Inc. (hereinafter, referred to as “Company”, “us”, “we”, “our”).

By using the Website or purchasing our products (the “Products”), you agree to be legally bound by these Terms. In case you do not agree with one or more provisions of these Terms, please do not: (i) use the Website; or (ii) purchase the Products. You are authorized to use the Website and purchase the Products only if you agree to these Terms.

 

1. Your account

1.1 You may register an account on the Website (hereinafter, referred to as the “Account”). It is not necessary to register an Account in order to purchase the Products.

1.2 You are solely responsible for maintaining the security and confidentiality of your Account.

1.3 In case you violate any of these Terms, we may disable your Account without prejudice to other actions available to us.

1.4 We do not guarantee the security of any information which you transmit to us.

2. Sale, shipping, and returns

2.1 All prices indicated on the Website are in United States dollars (USD).

2.2 All prices indicated on the Website are exclusive of duties, tariffs, taxes and VAT. You are liable to pay any applicable duties, tariffs, taxes and VAT.

2.3 It is your responsibility to verify that all transaction information and other details are correct. We shall have no liability for transactions which are incorrect as a result of factors beyond our control or caused by incorrect or incomplete information provided by you.

2.4 We accept no responsibility for refusal or reversal of payments, which shall be a matter between you and the payment services provider.

2.5 The Products are delivered by our delivery partners to the address provided by you in the order form.

2.6 Delivery estimates are published on the Website. You agree not to hold us liable for delivery delays or failures caused by local customs or our delivery partners.

2.7 Our shipping fee is published on the Website. 

2.8 Perishable items may be shipped in containers with cooling gel packs.

2.9 We shall not be responsible for lost, delayed or damaged Products in the event that you are not available to take calls from or respond to the carrier or you are not available to take delivery at the earliest time.

2.10 We shall not be responsible for lost, delayed or damaged Products in the event that you do not collect the Products at the carrier’s office after the carrier delivers a note to you.

2.11 Perishable items are not returnable and non-refundable due to their perishable nature. In the event that the Products are damaged prior to delivery to you, you may request that we send you a similar item in exchange or provide a credit. We review such requests at our sole discretion on a case-by-case basis to assess whether or not they qualify for an exchange or credit.

2.12 In case we are unable to fulfil your order, we reserve the right to cancel your order and refund the amount paid by you.

3. Proprietary rights

3.1 All proprietary rights (including, without limitation, copyright) in and to the Website and information, data, documentation, publications, images, source code and other content (“Content”) on the Website belong to us or our licensors. “Chocolak”, “Chocolak.com” and our logos are our trademarks and you may not use them in any manner without our prior written consent.

3.2 Publications and other Content are provided for general information only. They do not constitute professional advice, warranties or guarantees and should not be relied on. You should take specific professional advice on any particular matter which concerns you. 

3.3 You may download and temporarily store one or more of the pages of the Website for the purposes of viewing them for personal, non-commercial use. You may also print any of the Content on the Website so long as each copy is a complete copy, no amendment is made to it, it acknowledges its sources, and is only for personal, non-commercial use. If you provide copies to others, you must ensure that the recipient is made aware of the Terms.  Any other storage, printing, copying, transmission or distribution of this website or the Content is prohibited.

4. Your warranties

4.1 You represent and warrant that: (i) you will not use the Website in a way that violates any law; and (ii) you will use the Website only in accordance with these Terms.

4.2 By using the Website or purchasing the Products, you warrant that you are of legal age to form a binding contract with the Company. If you not of legal age to form a binding contract with the Company, you are not allowed to use the Website and purchase the Products.

5. Availability

5.1 We may, at our discretion and without notice, modify, suspend or terminate the Website, the Content and your access to them.

6. Privacy & Cookies Policy

6.1 By using the Website, you agree to our Privacy & Cookies Policy, including, without limitation, that we may collect and process your personal data and use cookies in accordance with our Privacy & Cookies Policy.

7. Links

7.1 Links to the Website are prohibited without our prior written consent.

7.2 The Website may contain links to other websites, features and widgets (including, without limitation, relating to social media). Your interaction with such websites, features and widgets are governed by the terms and policies of the third parties that provide them and is at your risk. We do not endorse, or accept liability or responsibility of any kind in connection with such websites, features and widgets including, without limitation, relating to (a) the policies and practices of the third parties involved (including, without limitation, with respect to privacy and data processing) and (b) your access and use of software or content on (or accessed from) such websites, features and widgets.

8. Disclaimer of warranties

8.1 TO THE FULLEST EXTENT PERMITTED BY LAW, WE PROVIDE THE WEBSITE ON “AS AVAILABLE”, “AS IS”, AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, SUITABILITY, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES GUARANTEES, REPRESENTATIONS AND CONDITIONS (EXPRESS, IMPLIED, STATUTORY OR OTHER), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT, SECURITY, TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, PERFORMANCE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH DATA PROCESSING, THE WEBSITE, THE CONTENT, LINKS TO OR ON THE WEBSITE OR THIRD PARTY PRODUCTS AND YOUR ACCESS TO AND USE OF THEM.

8.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS, AFFILIATES, SUB-CONSULTANTS, SERVICE PROVIDERS OR LICENSORS (“GROUP”) SHALL HAVE ANY LIABILITY TO YOU (OR ANYONE CLAIMING ON BEHALF OF OR THROUGH YOU) OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH DATA PROCESSING OR YOUR ACCESS, USE, INABILITY TO ACCESS OR USE, OR RELIANCE ON, THE WEBSITE, THE CONTENT, LINKS TO OR ON THE WEBSITE OR THIRD PARTY PRODUCTS, AND FURTHER, IN NO EVENT SHALL WE OR ANY MEMBER OF THE GROUP, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES, LOSSES, CHARGES, COSTS OR EXPENSES, LOST OR STOLEN INFORMATION, DATA, DOCUMENTATION OR CONTENT (INCLUDING, WITHOUT LIMITATION, PERSONAL DATA), DAMAGE TO PROPERTY, LOST SALES OR BUSINESS, LOST PROFITS, LOST OPPORTUNITY COSTS, BUSINESS INTERRUPTION OR DEPLETION OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH DATA PROCESSING OR YOUR ACCESS, USE, INABILITY TO ACCESS OR USE, OR RELIANCE ON, THE WEBSITE, THE CONTENT, LINKS TO OR ON THE WEBSITE OR THIRD PARTY PRODUCTS, EVEN IF WE OR  THEY HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.

8.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS. IN NO EVENT SHALL WE OR ANY MEMBER OF THE GROUP, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES, LOSSES, CHARGES, COSTS OR EXPENSES, DAMAGE TO PROPERTY, LOST SALES OR BUSINESS, LOST PROFITS, LOST OPPORTUNITY COSTS, BUSINESS INTERRUPTION OR DEPLETION OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS.

9. Limitation of liability

9.1 WE DO NOT ACCEPT LIABILITY OR RESPONSIBILITY OF ANY KIND (A) ARISING OUT OF OR IN CONNECTION WITH INACCURACIES, OMISSIONS, ERRORS OR INAUTHENTICITY IN OR OF THE WEBSITE, THE CONTENT, LINKS TO OR ON THE WEBSITE, OR THIRD PARTY PRODUCTS, (B) ARISING OUT OF OR IN CONNECTION WITH INACCURACIES, OMISSIONS, ERRORS OR INAUTHENTICITY IN OR OF THE DATA PROVIDED BY YOU (C) ARISING OUT OF OR IN CONNECTION WITH USE OF OR RELIANCE ON THE WEBSITE, THE CONTENT, LINKS TO OR ON THE WEBSITE, OR THIRD PARTY PRODUCTS, (D) TO ENSURE THAT THE WEBSITE, THE CONTENT, LINKS TO OR ON THIS WEBSITE, OR  THIRD PARTY PRODUCTS ARE ERROR-FREE, WILL REMAIN ACCESSIBLE, OR ARE SAFE, SECURE AND FREE FROM VIRUSES OR OTHER CONTAMINATION OR INTERCEPTION, (E) ARISING OUT OF OR IN CONNECTION WITH SAFETY, SECURITY, CONTAMINATION OR INTERCEPTION IN OR OF THE WEBSITE, THE CONTENT, LINKS TO OR ON THIS WEBSITE, OR THIRD PARTY PRODUCTS, (F) ARISING OUT OF OR IN CONNECTION WITH SAFETY, SECURITY, CONTAMINATION, INTERCEPTION, LOSS, DESTRUCTION OR THEFT OF YOUR DATA (INCLUDING, WITHOUT LIMITATION, PERSONAL DATA) OR PROPERTY.

10. Waiver and severability

 

10.1 Delay or failure by us to exercise a right or remedy under the Terms shall not be deemed a waiver of such right or remedy.

10.2 If any part of the Terms is or becomes illegal, invalid or unenforceable, that shall not impair the legality, validity or enforceability of any other parts of the Terms.

11. Governing law

11.1 The Terms shall be governed by the laws of the Lebanese Republic

11.2 All disputes arising out of or in connection with these Terms shall be resolved exclusively by the courts in the Lebanese Republic.

12. Amendment of these Terms

12.1 We reserve the right to amend these Terms from time to time at our discretion and without notice. We encourage you to frequently check these Terms for any amendments. You are solely responsible to periodically review these Terms.