BACKGROUND:<\/strong><\/p>\n These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website.\u00a0 Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site.\u00a0 You will be required to read and accept these Terms and Conditions when ordering Goods.\u00a0 If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site.\u00a0 These Terms and Conditions, as well as any and all Contracts are in the English language only.<\/p>\n In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:<\/p>\n \u201cContract\u201d – means a contract for the purchase and sale of Goods, as explained in Clause 8;<\/p>\n \u201cDispatch Confirmation\u201d – means our acceptance and confirmation of your Order;<\/p>\n \u201cGoods\u201d – means the goods sold by Us through Our Site;<\/p>\n \u201cOrder\u201d – means your order for Goods;<\/p>\n \u201cWe\/Us\/Our\u201d – means either UPALA CHOCOLATE. 4313 Karen Ave Jefferson LA 70121 USA<\/strong> under company number Ced. Jur. 3101416766<\/strong> \u00a0(\u201cUpala Chocolate\u201d).<\/p>\n 2.1\u00a0\u00a0 Our Site, https:\/\/www.upalachocolate.com<\/strong> is owned and operated by Upala Chocolate<\/strong>.<\/p>\n 3.1\u00a0\u00a0Access to Our Site is free of charge.<\/p>\n 3.2\u00a0\u00a0It is your responsibility to make any and all arrangements necessary in order to access Our Site.<\/p>\n 3.3\u00a0\u00a0Access to Our Site is provided \u201cas is\u201d and on an \u201cas available\u201d basis.\u00a0 We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.\u00a0 We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.<\/p>\n Consumers may only purchase Goods containing alcohol through Our Site if they are at least 18 years of age.<\/p>\n These Terms and Conditions, all content included on Our Site, unless, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property. By continuing to use the Our Site you acknowledge that such material is protected by applicable United State of America and International intellectual property and other laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Our Site without written permission from Our authorized representative.<\/p>\n Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the USA. We reserve the right to define what can and cannot be delivered to which destination. All purchases must be made in US Dollars<\/strong>. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.<\/p>\n Our products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery. Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.<\/p>\n 7.1\u00a0\u00a0We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.\u00a0 Please note, however, the following:<\/p>\n 7.1.1\u00a0\u00a0Images of Goods are for illustrative purposes only.\u00a0 There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;<\/p>\n 7.1.2\u00a0\u00a0Images and\/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.<\/p>\n 7.2\u00a0\u00a0Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.\u00a0 Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).<\/p>\n 7.3\u00a0\u00a0All Goods are made in the same environment as nuts so we cannot guarantee they are free from nut traces. You can read more about our dietary information\u00a0here<\/a>.<\/p>\n 7.4\u00a0\u00a0We neither represent nor warrant that Goods will be available.<\/p>\n 7.5\u00a0\u00a0We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.\u00a0 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.\u00a0 Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).<\/p>\n 7.6\u00a0\u00a0All prices are checked by Us when We process your Order.\u00a0 In the unlikely event that We have shown incorrect pricing information, please note the following:<\/p>\n 7.6.1\u00a0\u00a0We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.\u00a0 We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof).\u00a0 We will not proceed with processing your Order until you respond.\u00a0 If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.<\/p>\n 7.7\u00a0\u00a0In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.<\/p>\n 7.8\u00a0\u00a0All prices on Our Site include VAT where applicable.\u00a0 If the VAT rate changes between your Order being placed and Us taking payment, we reserve the right to adjust the the amount of VAT payable Delivery charges are not included in the price of Goods on Our Site.\u00a0 For more information on delivery charges, can be found\u00a0here<\/a>. Delivery options and related charges will be presented to you as part of the order process.<\/p>\n 8.1\u00a0\u00a0Our Site will guide you through the ordering process.\u00a0 Before submitting your Order to Us you will be given the opportunity to review your Order and amend it.\u00a0 Please ensure that you have checked your Order carefully before submitting it.<\/p>\n 8.2\u00a0\u00a0No part of Our Site constitutes a contractual offer capable of acceptance.\u00a0 Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.\u00a0 Our acknowledgement of receipt of your Order does not mean that we have accepted it.\u00a0 Our acceptance is indicated by Us sending you a Dispatch Confirmation by email.\u00a0 Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.<\/p>\n 8.3\u00a0\u00a0Dispatch Confirmations shall contain the following information:<\/p>\n 8.3.1\u00a0\u00a0Confirmation of the Goods ordered including full details of the main characteristics of those Goods;<\/p>\n 8.3.2\u00a0\u00a0Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;<\/p>\n 8.3.3\u00a0\u00a0Estimated delivery date(s) and time(s);<\/p>\n 8.4\u00a0\u00a0[We will also include a paper copy of the Dispatch Confirmation with your Goods].<\/p>\n 8.5\u00a0\u00a0If \u00a0We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.\u00a0 If \u00a0We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.<\/p>\n 9.1\u00a0\u00a0Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. We accept the following methods of payment on Our Site:<\/p>\n 9.1.1\u00a0\u00a0PayPal<\/strong><\/p>\n 10.1\u00a0\u00a0All Goods purchased through Our Site will normally be delivered within the times given on the Site during the Order process. During peak periods we have the right to send goods 2 or 3 days earlier to ensure they arrive by the specified date.<\/p>\n 10.2\u00a0\u00a0If We are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) We will follow any delivery instruction you may have given or attempt to leave your goods in a safe place. If this is not possible, our carrier will leave a note advising of where your goods have been returned to, and how to either arrange re-delivery or collect them.<\/p>\n 10.3\u00a0\u00a0In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 10.1), if any of the following apply you may cancel your Order immediately:<\/p>\n 10.3.1\u00a0\u00a0We have refused to deliver your Goods; or<\/p>\n 10.3.2\u00a0\u00a0In light of all relevant circumstances, delivery within that time period was essential; or<\/p>\n 10.3.3\u00a0\u00a0You told Us when ordering the Goods that delivery within that time period was essential.<\/p>\n 10.4\u00a0\u00a0If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.\u00a0 If \u00a0We fail to meet the new deadline, you may then cancel your Order.<\/p>\n 10.5\u00a0\u00a0You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value.\u00a0 Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.\u00a0 Please note that if any cancelled Goods are delivered to you, you must return them to Us. We will bear the cost of returning the cancelled Goods.<\/p>\n 10.6\u00a0\u00a0Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.<\/p>\n 10.7\u00a0\u00a0The risk in the Goods shall remain with Us until they come into your physical possession.<\/p>\n 10.8\u00a0\u00a0Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).<\/p>\n 11.1\u00a0\u00a0By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.<\/p>\n 11.2\u00a0\u00a0Beginning on the day that you receive the Goods you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above.\u00a0 Alternatively, you may request replacement Goods.\u00a0 We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you.\u00a0 In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund.\u00a0 If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods.\u00a0 If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.\u00a0 If, after replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.\u00a0 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.<\/p>\n 11.3\u00a0\u00a0Please note that you will not be eligible to claim under this Clause 11 if We informed you of the issue with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them). Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind.\u00a0 If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.\u00a0 Please refer to Clause 12 for more details.<\/p>\n 11.4\u00a0\u00a0To return Goods to Us for any reason under this Clause 11, first contact us at sales@upalachocolate.com or call (504) 4504 039. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.<\/p>\n 11.5\u00a0\u00a0Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.<\/p>\n 11.6\u00a0\u00a0Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.<\/p>\n 11.7\u00a0\u00a0For further information on your rights as a consumer, please contact your local Citizens\u2019 Advice Bureau or Trading Standards Office.<\/p>\n 12.1\u00a0\u00a0If you are a consumer in the European Union, you have a legal right to a \u201ccooling off\u201d period within which you can cancel the Contract for any reason.\u00a0 This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.<\/p>\n 12.1.1\u00a0\u00a0If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.<\/p>\n 12.1.2\u00a0\u00a0If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.<\/p>\n 12.1.3\u00a0\u00a0If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.<\/p>\n 12.2\u00a0\u00a0If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, using the contact details below. Cancellation by email or by post is effective from the date on which you send Us your message.\u00a0 Please note that the cooling off period lasts for whole calendar days.\u00a0 If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.\u00a0 If you would prefer to contact us directly to cancel, please use the following details:<\/p>\n 12.2.1\u00a0\u00a0Telephone: (504) 4504 039<\/strong><\/p>\n 12.2.2\u00a0\u00a0Email: sales@upalachocolate.com<\/strong><\/p>\n 12.2.3\u00a0\u00a0Post: UPALA CHOCOLATE. 4313 Karen Ave Jefferson LA 70121 USA<\/strong><\/p>\n 12.3\u00a0\u00a0We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.<\/p>\n 12.4\u00a0\u00a0Please note that you may lose your legal right to cancel under this Clause 12 if you have unsealed the Goods after receiving them.<\/p>\n 12.5\u00a0\u00a0Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.<\/p>\n 12.6\u00a0\u00a0You may return Goods to Us by post to FREE POST UPALA CHOCOLATE<\/strong> and we recommend that you obtain Proof of Postage under this Clause 12. Should you wish to return goods in any other way, the cost of returning Goods to Us should not normally exceed the cost of the Postage and Packaging charge paid for your original order. We recommend that a trackable delivery service is always used. Before returning goods to us, we ask that you contact us at sales@upalachocolat.com or call (504) 4504 039.<\/strong><\/p>\n 12.7\u00a0\u00a0Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:<\/p>\n 12.7.1\u00a0\u00a0The day on which We receive the Goods back; or<\/p>\n 12.7.2\u00a0\u00a0The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.7.1); or<\/p>\n 12.7.3\u00a0\u00a0If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.<\/p>\n 12.8\u00a0\u00a0Standard delivery charges will be reimbursed in full as part of your refund.\u00a0 We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.<\/p>\n 12.9\u00a0\u00a0Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.<\/p>\n 13.1\u00a0\u00a0We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence.\u00a0 Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.\u00a0 We will not be responsible for any loss or damage that is not foreseeable.<\/p>\n 13.2\u00a0\u00a0Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.<\/p>\n 13.3\u00a0\u00a0Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.\u00a0 For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.<\/p>\n 14.1\u00a0\u00a0We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.\u00a0 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.<\/p>\n 14.2\u00a0\u00a0If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:<\/p>\n 14.2.1\u00a0\u00a0We will inform you as soon as is reasonably possible;<\/p>\n 14.2.2\u00a0\u00a0Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;<\/p>\n 14.2.3\u00a0\u00a0We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of \u00a0Goods as necessary;<\/p>\n 14.2.4\u00a0\u00a0If the event outside of Our control continues for more than 28 days\u00a0 We will cancel the Contract and inform you of the cancellation.\u00a0 Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;<\/p>\n 14.2.5\u00a0\u00a0If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so.\u00a0 Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.<\/p>\n 14.2.6\u00a0\u00a0If the contract is cancelled by you or by Us under this Clause 15, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).<\/p>\n 15.1\u00a0\u00a0If you wish to contact us with general questions or complaints, you may contact us by telephone at (504) 4504 039<\/strong>, by email at sales@upalachocolate.com<\/strong>, or by post at Customer Services, UPALA CHOCOLATE. 4313 Karen Ave Jefferson LA 70121 USA<\/strong><\/p>\n 16.1\u00a0\u00a0We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.<\/p>\n 16.2\u00a0\u00a0All complaints are handled in accordance with Our complaints handling policy and procedure, available from sales@upalachocolate.com<\/strong><\/p>\n 16.3\u00a0\u00a0If you wish to complain about any aspect of your dealings with Us, please contact us in one of the following ways:<\/p>\n 16.3.1\u00a0\u00a0In writing, addressed to Customer Services, UPALA CHOCOLATE. 4313 Karen Ave Jefferson LA 70121 USA;<\/strong><\/p>\n 16.3.2\u00a0\u00a0By email, addressed to sales@upalachocolate.com<\/strong><\/p>\n 16.3.3\u00a0\u00a0Using Our complaints form, following the instructions included with the form\u00a0\u00a0here<\/a>;<\/p>\n 16.3.4\u00a0\u00a0By contacting Us by telephone on at (504) 4504 039<\/strong><\/p>\n\n
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