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🔥 Warm weather alert: Chocolate may melt, please choose a 2-day or faster shipping option; otherwise the customer assumes the risk. Learn more 🔥 Warm weather alert: Chocolate may melt, please choose a 2-day or faster shipping option; otherwise the customer assumes the risk. Learn more

Terms of service

OVERVIEW

This website is operated by ChinChile Products. Throughout the site, the terms “we,” “us,” and “our” refer to ChinChile Products. ChinChile Products offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Right to Refuse Service or Transactions: ChinChile Products reserves the right to refuse any order or transaction if fraudulent activity or a violation of legal obligations is suspected. We may cancel orders, restrict accounts, or deny service to protect our customers and business. Any misuse of our website or services, including the use of stolen payment information, will result in immediate termination of access and may be reported to the relevant authorities.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

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 Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in 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 our sole discretion. 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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - RETURNS FOR DIGITAL PRODUCTS

We do not offer returns or refunds on digital products such as digital gift cards. Once a digital gift card is purchased, it is non-refundable. Please ensure that the correct information is provided at the time of purchase as we cannot issue refunds or exchanges for digital gift card purchases.

SECTION 8 - THIRD-PARTY PAYMENT PROCESSORS

We use trusted third-party payment processors such as PayPal, Apple Pay, Google Pay, Shop Pay, Venmo, and Meta Pay to securely process your payment information. By using these services, you agree to their respective terms and conditions, which are available through their platforms. ChinChile Products does not store or have access to your full payment details. Refunds or disputes related to these payment processors are subject to their terms and must be resolved through the applicable service.

SECTION 9 - SHIPPING POLICY

Orders containing chocolate will follow specific shipping rules during hot months to prevent melting. We will ship Monday through Wednesday to ensure that chocolates and perishable items are not held over weekends. International customers should be aware that they may be responsible for duties, taxes, and other fees imposed by their country of residence. We do not ship to certain countries due to import restrictions.

For more details, please review our Shipping Policy.

SECTION 9.1 - SHIPPING NOTIFICATIONS

In the event of significant shipping delays or changes to your order, ChinChile Products will notify you via the email address provided at the time of purchase. Please ensure that your contact information is accurate and up to date to receive such notifications.

SECTION 9.2 - ALCOHOL SALES POLICY

By purchasing alcoholic beverages from ChinChile Products, you agree to the following terms:

  • You must be 21 years of age or older to purchase alcohol. By placing an order, you confirm that you meet the legal drinking age requirement in your state.
  • We currently only ship alcohol to addresses within the state of Florida. Orders placed with shipping addresses outside Florida that include alcohol will be canceled and refunded.
  • We reserve the right to verify your age using third-party services. Orders may be delayed or canceled if verification is not successful.
  • Alcoholic products are non-returnable unless the item arrives damaged or defective. In such cases, please contact us within 48 hours with photos of the damage.

Violation of these terms may result in order cancellation and refusal of service.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 11 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability from third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 12 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - 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.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ChinChile Products, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - FORCE MAJEURE

ChinChile Products shall not be held liable for any failure to perform its obligations under these Terms of Service if such failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, pandemics, natural disasters, governmental actions, labor disputes, internet or communication failures, and other events that could not have been anticipated or prevented with reasonable care. In such cases, our obligations will be suspended for the duration of the event.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ChinChile Products and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

SECTION 23 - DISPUTE RESOLUTION

In the event of any dispute or claim relating to the use of our Service or the purchase of our products, you agree to resolve the dispute through binding arbitration, rather than in court. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA). Any such arbitration shall take place in Broward County, Florida. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

This arbitration agreement does not preclude you from seeking action in small claims court for any dispute or claim within the scope of small claims jurisdiction.

SECTION 24 - MOBILE APP USE

Our mobile applications for iPhone and Android are provided to enhance your shopping experience with ChinChile Products. By downloading or using our apps, you agree to these Terms of Service in addition to any terms specific to the app platform (e.g., Apple App Store or Google Play Store terms).

  • App Content: The content provided in our mobile apps is for general information and shopping convenience only. We do not guarantee that the information in the app is always accurate, complete, or up to date.
  • User Conduct: You agree not to misuse the app, including but not limited to introducing viruses, attempting unauthorized access, or interfering with other users’ enjoyment of the app.
  • Data Collection: Our apps may collect data such as device type, operating system, and app usage. This data is used to improve our services and app functionality. For more information, please refer to our Privacy Policy.
  • Updates and Changes: We reserve the right to update, modify, or discontinue the app at any time without notice. Continued use of the app following any changes signifies your acceptance of the revised terms.

SECTION 25 - MOBILE TERMS OF SERVICE

The ChinChile Products mobile message service (the “Service”) is operated by ChinChile Productions LLC (“ChinChile Products,” “we,” or “us”). Your use of the Service constitutes your agreement to these Mobile Terms of Service (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to ChinChile Products’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ChinChile Products through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include order updates, account alerts, and shipping notifications. Promotional messages may include promotions, specials, product drops, and other marketing offers (e.g., cart reminders).

Message frequency varies. Standard message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword STOP to +1 (888) 575-4711 or reply STOP to any message you receive from us. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless you initiate further contact or re-subscribe. If you have subscribed to other ChinChile Products mobile message programs and wish to cancel, you must opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +1 (888) 575-4711 or email contact@chinchileproducts.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests sent to an outdated number.

The Service and the carriers are not liable for delayed or undelivered messages.

For privacy information, please read our Privacy Policy. Your use of the Service is also subject to our Terms of Service.

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION

If you have any questions about the Terms of Service, they can be sent to us at contact@chinchileproducts.com or by calling our customer service team at 888.575.4711.