This agreement is between you the [“User” or “you”] and MAKAYA CHOCOLAT (Collectively, “MAKAYA CHOCOLAT”, “we”, “our” and “us”.)
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between MAKAYA CHOCOLAT and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Therefore, the use of www.makayachocolat.com is subject to the following terms and conditions. MAKAYA CHOCOLAT reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
- USAGE
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify MAKAYA CHOCOLAT for any losses, costs or damages, including reasonable legal fees, incurred by MAKAYA CHOCOLAT in relation to, or arising out of, such a breach.
- ABOUT MAKAYA CHOCOLAT
MAKAYA CHOCOLAT is an organization carrying on its business operations in Quebec, Canada. MAKAYA CHOCOLATE is more than just a chocolate confectionery factory. Behind each tablet, dragee, and praline lies an entire life story.
MAKAYA CHOCOLATE is adamant on producing 100% organic chocolate. Under strict hygienic circumstances, the chocolate factory places a delicious piece of art on the palates of its customers, free of preservatives and artificial colors. MAKAYA CHOCOLAT runs an E-commerce store that sells Chocolate, pastry, and confectionary. To effectively provide these services to you, MAKAYA CHOCOLAT has created www.makayachocolat.com (“The site or Website”).
- APPLICABILITY
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by MAKAYA CHOCOLAT via (our “Website”);
(b) The Order, Shipping & Delivery, Return & Refunds of any Chocolate, pastry, and confectionary ordered from the site.
- EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. MAKAYA CHOCOLAT hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. MAKAYA CHOCOLAT shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
- INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though MAKAYA CHOCOLAT has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. MAKAYA CHOCOLAT does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, MAKAYA CHOCOLAT shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of MAKAYA CHOCOLAT.
MAKAYA CHOCOLAT shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
- INTELLECTUAL PROPERTY
All brand names, logo, product names and titles used on the Website are trademarks or trade names of MAKAYA CHOCOLAT or third-party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to MAKAYA CHOCOLAT and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
- DATA PRIVACY
MAKAYA CHOCOLAT collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with MAKAYA CHOCOLAT’s Privacy policy displayed at the bottom of our webpage.
- UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to MAKAYA CHOCOLAT by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold MAKAYA CHOCOLAT harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
- PAYMENT, PRICING & SHIPPING
(a) Payment and billing information.
Payments for the purchase of any product can be done with the use of PayPal, & Credit cards – Visa, MasterCard, American Express, Discover etc. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your MAKAYA CHOCOLAT account, you can do so at any time by logging into your account and editing your payment information.
(b) Pricing and availability.
All prices shown via the Services are in Canadian Dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.
(c) Taxes.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
(d) Shipping and handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We presently ship our products within Canada and the United States. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
(e) Deliveries
As a rule, delivery time is 2 to 5 working days after shipping the order. However, this might take longer as a result of logistic delays, ACTS OF GOD or the inconveniences imposed by COVID – 19. We will not be liable to you in a situation where delivery of your products to you takes longer than necessary.
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that they arrive in a good condition and in the design that you have provided us to build for you
- ORDERING
Orders can be placed 24 hours a day, seven days a week via our website. You will be notified via your registered email when your order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
- PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
- INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MAKAYA CHOCOLAT, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MAKAYA CHOCOLAT Parties”), from and against all actual or alleged MAKAYA CHOCOLAT Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify MAKAYA CHOCOLAT of any third-party Claims and cooperate with the MAKAYA CHOCOLAT Parties in defending such Claims. You further agree that the MAKAYA CHOCOLAT Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MAKAYA CHOCOLAT.
- DISCLAIMERS.
Your access to and use of the Services and content provided on the website are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (MAKAYA CHOCOLAT ENTITIES are MAKAYA CHOCOLAT founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MAKAYA CHOCOLAT make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MAKAYA CHOCOLAT or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the MAKAYA CHOCOLAT is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MAKAYA CHOCOLAT of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKAYA CHOCOLAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAKAYA CHOCOLAT EXCEED ZERO DOLLARS (CAD. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MAKAYA CHOCOLAT HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
- CHANGES
If MAKAYA CHOCOLAT decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
- GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of the website is hereby governed by, and constructed and enforced in accordance with the laws of Quebec, Canada. The competent courts in Quebec, Canada shall have the exclusive jurisdiction to resolve any dispute between you and MAKAYA CHOCOLAT.
RETURN, REFUNDS & SHIPPING POLICY
RETURNS AND REFUNDS.
All Transactions and purchases made on the site is final and MAKAYA CHOCOLAT offers no return and exchange unless it can be clearly shown that the product shipped is defected.
If you receive your product and it has been damaged during shipment, please email us at info@makayachocolat.com within 14 business days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
- Important conditions for return
Please note that you can only return a product if it is defective. The product returned shall be inspected on its receipt. Please ensure that the following conditions are fulfilled before returning the product:
- The product shall be in unused and original condition;
- You shall inform about the return of the product to us within a period of 14 business days;
- You shall not accept any open box deliveries;
- The return package shall include everything that arrived with the package when you made the purchase, including price tags, labels, original packing, freebies & accessories, invoices/warrantee cards and other documentation.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
SHIPPING
We would charge you a fee for the shipment of your products to your destination. This shipping fee would be calculated together with your purchase order price upon checkout.
The messaging service is carried out with tracking control. Presently, USPS, DHL, or FEDEX are the courier service we use to ship the products you ordered from our site to you. We have the express right to use any Courier service as we deem fit.
As a rule, delivery time is 2 to 5 working days after shipping the order. However, this might take longer as a result of logistic delays, ACTS OF GOD or the inconveniences imposed by COVID – 19. We will not be liable to you in a situation where delivery of your products to you takes longer than necessary.
Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment.
PLACE OF DELIVERY, DEADLINES AND LOSSES
Approximate delivery times are indicated in working days in the description of each product, although a delay in delivery will not be a reason for penalty.
MAKAYA CHOCOLAT will not be liable for errors caused in delivery when the delivery address entered by the User / Customer in the order form does not match the reality or has been missed. – If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Depending on the destination of the order various shipping methods can be used, each method and each destination have shipping times that are specified in the order confirmation process.
Deadlines may change for logistical reasons or for reasons of force majeure. In cases of delays in deliveries, MAKAYA CHOCOLAT will inform its User/Customer, as soon as it has knowledge of them.
Each delivery is considered made from the moment the company makes the product available to the User / Customer, which is materialized through the control system used by the transport company.
Delays in delivery shall not be considered those cases in which the order has been made available to the User/Customer, by the transport company within the agreed time and could not be delivered for cause attributable to the User/Customer.
When the order leaves our warehouse, you will be sent an email notifying you that your order has been accepted and is being sent.
DELIVERY DATA, DELIVERIES NOT MADE AND LOSS OF THE PRODUCT.
If the User/Customer is absent at the time of delivery, the carrier will leave a note indicating how to proceed to arrange a new delivery.
We would contact you and embark on a series of follow-up actions aimed at ensuring that delivery occurs.
If after 7 working days after the departure and re-delivery of the order has not been arranged, the User / Customer should contact us at info@makayachocolat.com.
In the event that the User/Customer does not do so, after 10 working days from the departure to delivery of the order, it will be returned and the User/Customer must bear the cost of shipping and return to origin of the order, as well as any associated management costs.
If the reason for not being able to make the delivery is the loss of the order, in this case, the courier service agent will initiate an investigation. In these cases, the response times range from one to three weeks, error from our part will ensure we redeliver the product to you or issue a refund.
