Terms of service

TERMS AND CONDITIONS

  1. INTRODUCTION

WELCOME TO 7th Heaven chocolate

These Terms and Conditions constitute a legally binding agreement between 7th heaven INC. (“we”, “us” or “our”, as the context requires) and you, whether individually or on behalf of an entity (“you” and “your”, as applicable) concerning your use of the 7th heaven website located at https://7thheavenchocolate.com  (“Site”) including the purchase or use of any services and products made available by us through the Site (collectively with the Site, the “Service”).

Please read these terms and conditions carefully before accessing or using the Service. By visiting and/or using the Service you are deemed to have read and agreed to these terms and conditions and our Privacy Policy found here, which together constitute the entire agreement between you and us in relation to the Service and supersede all previous agreements in respect of your use of the Service.

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Service.

We reserve the right to change these terms and conditions from time to time without notice. Your continued use of the Service will signify your acceptance of any changes to these terms and conditions. You are therefore advised to review these terms and conditions periodically to familiarize yourself with any modifications. Any changes to our Privacy Policy will be posted on the Site 30 days prior to these changes taking place.

  1. PERMITTED USE

You agree to use the Service only for the purposes permitted by these terms and conditions and in accordance with applicable laws and regulations.

You are hereby granted a limited, revocable, non-transferable license, to access and use the Service through a single computer or mobile device that you own or control, solely for your own personal, non-commercial use, and not for lease, resale or any other form of distribution, and subject at all times to the restrictions set out below and elsewhere in these terms and conditions.

You shall not: (a) use the Service or any content or materials therein for any commercial purpose, including, without limitation, republish material from the Service in neither print nor digital media or documents (including republication on another website, application or commercial service), or resell, lease, distribute or sublicense material or goods from the Service, or use the Service for marketing purposes; (b) copy, reproduce, distribute, publish, make available, communicate to the public, publicly display or perform, create derivative works of, transmit, broadcast, or in any other way exploit any part of the Service or its content, except to the limited extent required for your personal viewing of the Service on a non-commercial basis, through a single computer that you own or control; (c) edit, modify or create any derivative works of the Service or its content (d) access (or attempt to access) any of the content of the Service by any means other than through the means we provide, including attempt to, through any device or technology, circumvent technological measures employed to control access to, or the rights in, the Service or any content therein; (e) decompile, reverse engineer, disassemble, or otherwise reduce the code used in the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on the Service; (f) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; (g) take any action which imposes an unreasonable or disproportionately large load on the website; (h) use any robot, spider or other automatic device or manual process to monitor, deep link with or copy any part of the Service and/or access (or attempt to access) any of the content on the Service through any automated, unethical or unconventional means, including performing so called “scraping”, data “mining”, data extraction and/or “framing”; (i) use the Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Service or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (j) use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (k) link to the Service without our prior written consent.

  1. AVAILABILITY

We reserve the right to edit and modify the Service at our sole discretion. We do not guarantee the continuous availability of the Service and/or any content or information therein. The Service may be accessed from various countries around the world and may occasionally contain content or information or references to products or services that are not available in your country.

  1. LINKS

The Service may contain links to other web sites which may be of interest to you. These links are provided for your convenience and do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s). Navigating to such linked website(s) is at your own risk.

  1. THIRD PARTY ADVERTISING

The Service may contain advertisements delivered by various advertisers. You understand and agree that we do not endorse the products and/or services endorsed by these advertisements and have no responsibility for the content, products and/or services offered by such advertisements. Any engagement or other business dealings between you and any third party advertiser or any third party which products or services are endorsed by such advertisements, is at your sole risk and expense.

  1. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications and details of the products available on the site. However, we do not guarantee that the colors, features, specifications and details of the products will be accurate, complete, current or free from errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to changes.  

  1. PURCHASE AND PAYMENT

We accept the following forms of payment:

  • PayPal
  • The forms of payment acceptable by Shopify Payments.

You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be made in US dollars.  

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. 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 payment method and/or that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

  1. ORDER CANCELATION

Subject to applicable consumer protection laws, you are entitled to cancel your order and receive a full refund at any time before your order is processed and ready for shipment. An Order is usually processed and ready for shipment within 48 hours from the time the order is placed on our website.

  1. DELIVERY

We make every reasonable effort to ensure that the products you ordered are delivered to you within 8 business days from the date you placed an order. If the product is not delivered to you within this period, you may cancel your order and receive a full refund.

  1. RETURN, EXCHANGE AND SUBSTITUTION POLICY

All products are sold on a non-returnable basis unless defective, damaged or contaminated. Please check that all items received are what you have ordered.

 If you have received an incorrect item, please do not open it.  

In cases where product is defective, damaged or contaminated, you may contact us to request a refund or exchange of your purchase within 14 days of receiving your shipment. We will normally follow your election (a refund or an exchange, as applicable), except where we believe, based on our professional judgment, that your election (a refund or an exchange, as applicable) will not be appropriate in the circumstances of the matter.

No refund or exchange will be given for change of mind, products that have been opened or tampered with or are not in their original condition, incorrect orders made by the recipient or products that are not quite to your liking.

We may ask you to return the product for inspection. Products should only be shipped to us if you have been instructed to do so by one of our customer service representatives. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. Once approved, your refund will be processed, and a credit will automatically be applied to your credit card or the original method of payment, within five (5) days.

  1. OFFERINGS AND PURCHASE OF THIRD-PARTY PRODUCTS AND SERVICES

The Service may occasionally contain offerings of third-party goods or services which may be of interest to (and may be directly or indirectly related to the content or goods made available on the Service). Such advertisements and offerings will usually include a link to a third-party service or website where such goods and services may be purchased.  You agree that the Service acts merely as a venue to refer you to such third-party services or websites, where you may purchase such goods or services from their third-party supplier. Without derogating from any provision of these Terms and Conditions, your purchase of such goods and services is subject to the third-party supplier’s terms and conditions and privacy policy. You are encouraged to carefully read the third-party supplier’s terms and conditions and privacy policy before purchasing such products or services. You expressly acknowledge and agree that any transaction for the purchase of such goods or services is solely between you and the third-party supplier and that we do not guarantee and are not responsible or liable in any way for the delivery, quality, reliability, safety, legality or any other aspect of such goods and services or the transaction between you and the third party supplier. Your engagement in any such transaction is at your sole risk. 

  1. USER GENERATED CONTENT

We may allow you to upload, post, transmit or otherwise submit content to the Service through various means such as chats, messages, forums, blogs reviews etc. (“User Generated Content”). You are responsible to use these tools in a responsible and ethical manner.

By submitting, uploading, transmitting or otherwise making available any User Generated Content, you represent and warrant that you own such User Generated Content or have all necessary licenses, rights, consents, and permissions in order to submit it to the Service.

You agree that any User Generated Content that you post, transmit or otherwise make available through the Service: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be intentionally malicious or derogatory; (e) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not be used for marketing purposes or contain any type of unauthorized or unsolicited advertising.

We do not monitor User Generated Content on a regular basis (although we reserve the right to do so, at our sole discretion) and we do not assume any liability for any User Generated Content posted by you or by third parties. We reserve the right, exercisable at our sole discretion, to remove any User Generated Content without notice or explanation.

You hereby grant us with a perpetual, non-exclusive, fully-transferable, worldwide, royalty free right and license to exercise any and all intellectual property rights in and to any User generated Content in any means, format, media and technology, now in existence or hereinafter devised.

  1. PRIVACY

Your privacy is important to us. To see how we collect, manage, process, secure, and store your private information, please refer to our Privacy Policy found here, which is an integral part of these terms and conditions and incorporated herein by reference. We recommend that you read the Privacy Policy before using the Service. By accessing and/or using the Service you represent that you have read the Privacy Policy, understand it, accept it and agree to abide by its terms.

Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

 

Privacy policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy/

Your rights : https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/

  1. DISCLAIMER

THE SERVICE AND ALL CONTENT AND INFORMATION MADE AVAILABLE THEREIN IS PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE AND ITS CONTENTS, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE SERVICE AND/OR ITS CONTENTS. NO CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE SERVICE SHOULD BE CONSIDERED AS COMPLETE OR ACCURATE, NOR SHOULD IT BE RELIED UPON FOR ANY PURPOSE OR MEANS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE REPAIRED OR CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL HAVE NO LIABILITY FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION DIRECT LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA (WHETHER OR NOT SUCH LOSS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN ANY EVENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO AN AMOUNT OF US$ 1,000.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY US OR FOR FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH THE SERVICE.

For the purpose of this clause hereof, the term “us” also include any of our affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.

  1. INDEMNITY

You agree to indemnify and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of any provision in these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this provision. In such event, you shall provide us with such cooperation as is reasonably requested by us.

For the purpose of this clause hereof, the term “us” also include any of our affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.

  1. GOVERNING LAW AND JURISDICTION

These terms and conditions and your use of the Service are governed by the laws of the State of Delaware without giving effect to any principles that provide for the application of the law of another jurisdiction. the United Nations convention on contracts for the international sale of goods does not apply to these terms. \The parties hereto hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction of the Delaware Courts for any litigation arising out of or relating to these Terms and Conditions (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Delaware Courts and agrees not to plead or claim in any Delaware Court that such litigation brought therein has been brought in any inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, related to or connected with the use of or inability to use the Service and/or any content or information therein must be filed by you within six (6) months after such claim or cause of action arose or be forever barred.

  1. TERMINATION OF USE

We reserve the right to, exercisable at our sole discretion, to suspend or terminate your access to or use of all or part of the Service, for any reason, with or without notice, including, without limitation, for suspected breach of these terms and conditions.

  1. ELECTRONIC COMMUNICATIONS 

The communications between you and us use electronic means, whether you visit the Site or send us e-mails, or whether we post notices on the Site or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

  1. MISCELLANEOUS

If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these terms and conditions shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or any part thereof, or the right thereafter to enforce each and every provision.

  1. CONTACT US/SUPPORT

For questions concerning your use of the Service you may email our customer support at info@7thheavenchocolate.com