CHOCOSINA

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER THROUGH THIS SITE.

1.     INTRODUCTION

Welcome to the CHOCOSINA.COM website and other versions of the website located at URLs that point to the domain name CHOCOSINA.COM (the “Site”). Your use of this Site is subject to certain general terms and conditions of use (“Terms”). These Terms also govern the sale of merchandise by CHOCOSINA to you through the Site. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a merchant.

The Site is available only for your personal use, which shall be limited to viewing the Site, collecting and browsing information on the Site, downloading product information for your personal review, and purchasing merchandise.

When using the Site or otherwise communicating with CHOCOSINA once you have used the Site, you accept that communication with us will be electronic and that such communication will be binding on you and CHOCOSINA.

We do not knowingly sell products or services for purchase by children. If you are under 18, you may use the Site only with the involvement and consent of a parent or guardian.

Please Contact Us if you have any questions about these Terms.

2. ONLINE TERMS & CONDITIONS AND OTHER SITE POLICIES

Please review our Disclaimer, Payment Methods, Shipping & Returns, Gift Cards and Privacy Policy (collectively, the "Site Policies"). All Site Policies are incorporated in these Terms by this reference and, therefore, apply to your access to, use of and purchase of merchandise through the Site.

These Terms and the Site Policies together constitute an agreement between you (herein, “you” or “your”) and 9229922 Canada Inc., a corporation incorporated under the laws of Canada, with its head office at 109-442 rue Saint-Gabriel, Montreal, Quebec, Canada, H2Y 2Z9, doing business as BOUTIQUE CHOCOSINA and CHOCOSINA SWEET BOUTIQUE, (herein “us,” “our,” “we,” or “CHOCOSINA”), in relation to your use of the Site, the merchandise offered and sold through the Site, and any orders you place through the Site.

BY USING THIS SITE AND/OR PLACING ANY ORDERS THROUGH THE SITE, YOU ACCEPT THESE TERMS AND THE SITE POLICIES AND AGREE TO BE BOUND BY THESE TERMS AND THE SITE POLICIES. IF YOU DO NOT AGREE WITH THESE TERMS OR THE SITE POLICIES, PLEASE DO NOT PLACE AN ORDER THROUGH THE SITE OR USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. IF YOU ARE DISSATISFIED WITH THESE TERMS, ANY OF THE SITE POLICIES OR THE SITE, YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

3. OUR RIGHT TO MODIFY

CHOCOSINA reserves the right, in its sole discretion, to make changes to these Terms and the Site Policies at any time without specific notice to you. By using the Site after any such changes, you agree to comply with and be bound by these Terms and the Site Policies, as amended. If you do not agree to these Terms and the Site Policies as they may be amended from time to time, please do not use the Site. You should review the most recent version of these Terms and the Site Policies periodically.

We may impose rules for, and limits on, use of the Site or restrict your access to the Site, in whole or in part. We have the right to change such rules and/or limitations at any time, in our sole discretion.

4. MODIFICATIONS TO WEBSITE

We reserve the right to remove or edit any materials or content on the Site (including terminating, changing, suspending or discontinuing any aspect of the Site) and the right to withdraw any merchandise from the Site at any time. We will not be liable to you or any other party for doing so.

5. USE OF THE SITE

The viewing, printing or downloading of any graphic, form, document or other content from the Site grants to you a limited, nonexclusive and non-transferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other non-personal use. No part of any graphic, form, document or other Site content may be reproduced in any manner or incorporated into any information system. Any unauthorized use of the Site and its content automatically terminates such license without notice.

You agree that:

• you may only use the Site to make legitimate inquiries or orders;
• you will not make any speculative, false or fraudulent orders for merchandise. If we are of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;
• you also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary. If you do not give us all of the information that we need, we may not be able to complete your order. See our Privacy Policy for more information on how we use your personal information;
• you will not interfere or attempt to interfere in any way with the Site's networks or its network security, or attempt to use the Site's service to gain unauthorized access to any other computer system;
• you will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity rights of another;
• you will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, provincial, national or international law; and
• by placing an order through the Site, you represent and warrant that you are either (i) at least 18 years old and are legally capable of entering into binding contracts; or (ii) a minor and are capable of entering into contracts alone to meet your ordinary and usual needs, based on the limits imposed by your age and power of discernment, and are duly authorized to use the payment method you are using.

6. REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services and Site functionalities, such as My account, My orders, My tickets and My wishlist, you will have to complete an online registration form. You agree that all information which you submit (the “Registration Information”) is true and complete and that you will update your Registration Information to keep it true and complete.

Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site. Your password may be used only to review information regarding potential and completed transactions, to purchase or cancel purchases of merchandise, to change your preferences and otherwise access and use the Site and services on the Site in accordance with these Terms and the Site Policies. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release CHOCOSINA, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any and all liability concerning such transactions or other activities. You agree to notify CHOCOSINA immediately of any actual or suspected loss, theft or unauthorized use of your account or password. CHOCOSINA has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision.

7. INTELLECTUAL PROPERTY

The Site, including all information and content thereon such as text, data, wallpaper, icons, characters, artwork, images, animations, videos, photographs, graphics, music, sound, messages, software and the HTML used to generate the Site’s pages (collectively, “Materials”), are the property of CHOCOSINA or our affiliates, suppliers or licensors and are protected by patent, trademark and/or copyright laws in Canada and/or elsewhere. You may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site, in whole or in part, for any public or commercial purpose.

As between you and CHOCOSINA, CHOCOSINA is the owner and/or authorized user of any registered or unregistered trademarks, trade names and/or service marks appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The CHOCOSINA name, logos, designs, titles, phrases and merchandise names, and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “CHOCOSINA Intellectual Property”) are owned by CHOCOSINA or its affiliates and may be registered in Canada and/or elsewhere.

Nothing on the Site should be construed to grant any right or license to use any CHOCOSINA Intellectual Property or any of the Materials. You agree not to display or use the CHOCOSINA Intellectual Property or any of the Materials in any manner without CHOCOSINA's specific prior written consent, which may be withheld in CHOCOSINA’s sole discretion. 

8. MERCHANDISE AVAILABILITY

Availability of merchandise on the Site may vary and merchandise displayed may be out-of-stock or discontinued. Some merchandise may be available only in limited quantities or while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on the Site. Display of an item on the Site is not a guarantee that the item is in stock or that it will be in stock at a later date.

Although we have made every effort to display merchandise as accurately as possible on the Site, the manner in which products are actually displayed will depend upon the monitor or device of the user. We cannot guarantee that your monitor or device will accurately portray the actual colors, size or details of our products.

9. PLACING AN ORDER

To place an order, you will be required to follow the shopping process online and press the “Order Now” button to submit the order. By clicking “Order Now”, you agree that your order will be subject to these Terms and the Site Policies.

You will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy merchandise from us. All orders are subject to merchandise availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirmation when the merchandise is shipped (the “Shipment Confirmation”).

No contract in respect of the purchase of merchandise offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation.

10. PRICE AND PAYMENT

The price of the merchandise shall be as quoted from time to time on the Site. While we take care to ensure that all prices and descriptions quoted on the Site are accurate, errors may occur and prices may change without notice. If we discover an error in the price or any other descriptions of any merchandise you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or the appropriate descriptions or cancelling the order. If we are unable to contact you within 10 days, the order will be deemed to be cancelled.

All prices listed on the Site are quoted in Canadian dollars and are exclusive of shipping charges and applicable taxes. Applicable taxes are charged according to the shipping address of your order as provided by applicable law.

For payment methods and related information, please refer to Payment Methods.

11. SHIPPING AND DELIVERY

For shipping and delivery information, please refer to Shipping & Returns.

12. TITLE AND RISK

Title and risk in respect of the merchandise will be transferred to you upon delivery.

13. MERCHANDISE RETURNS AND EXCHANGES

For information on our merchandise return and exchange policy, please refer to Shipping & Returns.

14.      LINKS TO THIRD PARTY WEB SITES

The Site may provide hyperlinks to third party websites ("Third Party Websites") only for the convenience of its users. CHOCOSINA does not operate, control, endorse or guarantee any Third Party Websites and makes no warranties of any kind regarding Third Party Websites including, without limitation, with regard to the accuracy, availability, suitability or safety of information provided thereon. By providing hyperlinks to Third Party Websites, CHOCOSINA does not recommend that its users access such Third Party Websites. When you access any Third Party Website through a hyperlink posted on the Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. Our Terms and Site Policies do not apply to any Third Party Website and we do not endorse, warrant or guarantee any merchandise or services offered or provided by or on behalf of Third Party Websites.

YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY CHOCOSINA. UNDER NO CIRCUMSTANCES WILL CHOCOSINA OR ANY OF ITS AFFILIATES, CONTENT OR SERVICE PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF EACH OF THE FOREGOING BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY OR THROUGH ANY THIRD PARTY WEBSITE.

15. INDEMNIFICATION

CHOCOSINA and its affiliates shall not be liable for any use of the Site and its content by you in violation of any applicable laws or these Terms or the Site Policies.

You will be solely responsible, and agree to defend, indemnify and save and hold harmless CHOCOSINA, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees (and judicial and extra-judicial fees and disbursements), arising from, related to or in connection with your use of the Site and its content or your violation of these Terms or any of the Site Policies.

16. NOTICES

All notices given by you to us must be given by contacting us in writing at Contact Us. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

17. BINDING NATURE; ASSIGNMENT

These Terms and the Site Policies are binding on you and us and on our respective heirs, legatees, representatives, successors and assigns and, as indicated herein, are for the benefit of CHOCOSINA, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms or the Site Policies without our specific prior written consent, which we may withhold in our sole discretion. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms and the Site Policies at any time.

18. NO WAIVER

No failure of CHOCOSINA to enforce any of its rights or remedies under these Terms or any of the Site Policies will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms or any of the Site Policies shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of Section 16 (Notices).

19. SEVERABILITY

If any of these Terms, any provisions of the Site Policies, or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them (including, without limitation, the Site Policies, Order Confirmations and Shipping Confirmations), represent the entire agreement between you and us in relation to the subject matter of these Terms or any such document referred to herein, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms and any such document referred to herein, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms or any such document referred to herein, except as expressly stated in these Terms or any such document referred to herein.

21. LAW AND JURISDICTION

Any disputes arising out of or relating to these Terms, the Site Policies, use of the Site, the merchandise sold on the Site, and the services offered through the Site shall be resolved in accordance with the laws of the Province of Quebec without regard to its conflicts of law rules. Any such disputes must be brought before the courts of the Province of Quebec in the City of Montreal, Quebec and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Last Updated: June 2017