Terms of Sale

Conducting Transactions

You agree that all your transactions with or through the Website may, at our option, be conducted electronically from start to finish and that we may record any oral conversations with you. Should we decide to conduct all or part of a transaction non-electronically, such transactions will still be governed by these Terms, unless otherwise agreed to in writing signed by both you and acacaoaffair.

Creating a User Account

To place an order through our Website, you have the option of creating a user account or checking out as a guest. If you choose to create a user account, you will be given the opportunity to create a user name and password (your “Access Credentials”), which you will use to access your account. When creating your account, you must provide accurate and complete information. You are responsible for protecting your Access Credentials. You should not share them with any third party.

If you choose to create a user account, you are responsible for all activity occurring under your account. You must notify acacaoaffair immediately of any breach of security or unauthorized use of your account. You are prohibited from using a third party’s account without written authorization. Although acacaoaffair is not liable for any loss to you caused by unauthorized use of your account, you may be liable for loss to acacaoaffair or third party users as a result of such unauthorized use.

Placing an Order

You must place all orders through our Website. When placing an order, please clearly provide the following information: (1) your name (exactly how it appears on any credit card you may provide); (2) your billing address; (3) your shipping address; and (4) your method of payment (see “Payment” below).

Please note that we do not accept orders to P.O. Boxes at this time.

We are not responsible for errors in information provided to us. Costs resulting from any errors will be charged to the purchaser. All orders are final. Once an order has been placed, we cannot accept changes or cancellations. acacaoaffair, in its sole discretion and for an additional fee, may honor a request for a change or cancellation under certain circumstances. In no event can acacaoaffair accept any changes or cancellations once shipment has been accepted by our carrier.

Pricing

All prices are shown in U.S. dollars before tax. Prices are subject to change without notice. You agree that taxes may be adjusted from the amount shown at the time of purchase.

Shipping and handling charges are additional. Such charges vary by destination and method of delivery.

Availability of Products

All products offered by acacaoaffair are subject to availability. We reserve the right at any time after receiving your order, with or without prior notice to you, to:

• Discontinue products without notice, even if you have already placed your order;
• Reject all or part of an order, or substitute an item(s) of equal or greater value, based on the availability of the relevant products; or
• Supply less than the quantity of products ordered. In this case, we will not charge you for items we do not provide.

Product availability and pricing on the Website may differ from products available for purchase in our shop and shop-advertised prices. Certain items are handcrafted and therefore available only in limited quantities. To confirm availability of these products, please contact acacaoaffair before placing your order. The presentation of certain items may be modified to ensure proper handling and delivery.

Payment

The terms of payment are within acacaoaffair’s sole discretion; however, acacaoaffair is unable to offer any discounted terms. acacaoaffair must receive payment prior to its acceptance of an order. Final pricing for your order is effective on the date that payment for your order has been received.

We accept payment by valid credit card (acacaoaffair accepts only certain cards, at its sole discretion), PayPal, or another method of payment that we have previously agreed upon in writing. Any refund will be credited to the same credit card you used or, in our discretion, provided by other means. When placing your order using a credit card, please provide the following information: (1) the type of card; (2) your account number; (3) your security code; (4) your expiration date; and (5) your name exactly how it appears on the card. See our Privacy Policy to understand how such information is used.

By submitting your order, you represent and warrant that you are authorized to use the designated card, PayPal account or other method of payment and authorize us to charge your order (including taxes, shipping and handling, and any other amounts described on the Website) to that card, PayPal account, or other method. If the card, PayPal account or other method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all card, PayPal or other payment method information current. You also agree that we may submit charges for processing even if the card, PayPal account or other method has expired or changed by the time we submit it. You must resolve any problem we encounter before your order can proceed.

Order Acceptance Policy

Every order is subject to approval by acacaoaffair. Orders are not binding on acacaoaffair until approved. Your receipt of electronic or other confirmation of your order does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. The products and prices displayed on the Website also do not represent an offer to sell. No action by us prior to shipment constitutes acceptance.

We reserve the right at any time after receipt of your order to accept or reject all or part of an order for any reason, including but not limited to, insufficient stock or incomplete customer information.

Shipping and Delivery

After we receive your order, we will prepare and forward it to our carrier.

Shipping Address

Your order will be shipped to the shipping address you designate, so long as the address complies with any shipping restrictions contained in these Terms, our Terms of Use, and any other terms and conditions on the Website. The accuracy and completeness of the shipping information you provide is important to ensure that your order is delivered properly, so that you can enjoy acacaoaffair’s products for the extent of their shelf life. acacaoaffair is not responsible for any erroneous or incomplete instructions you provide.

To facilitate shipping and delivery, you may provide apartment, suite, or hall numbers as part of your shipping address. You may provide additional information, such as instructions to drop off to a doorman.

Territory

acacaoaffair delivers only within the United States. We do not ship to Puerto Rico at this time. All products sold on the Website are intended to be sold only in the United States and are for use in the United States only.

Shipping and Handling Charges

Shipping and handling costs are based on weight and destination and are calculated after you have provided the shipping address. These charges may not reflect actual costs. When we ship to the address you have designated, you agree to pay the shipping and handling charges shown on the Website at the time final pricing for your order is effective. We reserve the right to increase, decrease, add or eliminate these charges at any time, with or without prior notice, so we invite you to review all charges before placing your order.

Transfer of Risk

Once an order leaves our facility, acacaoaffair is not responsible for any problems, which may be caused by any third parties, including damages in transit.

Delayed or Damaged Shipments

acacaoaffair is not responsible for delays in delivery caused by events beyond its control, including but not limited to, strikes, natural disasters, or terrorism. You must file any claims for damaged, lost, or delayed shipments with the carrier. Failure to timely contact the carrier regarding shipping or delivery problems may result in your inability to later make a successful claim. Once your order is delivered according to your shipping instructions, neither acacaoaffair nor the carrier can be held responsible for loss or damage to the products caused by environmental conditions.

It is up to the customer to verify receipt with the carrier. A signature upon delivery may be required.

Delivery Times and Days

Any shipping or delivery time shown on the Website is an estimate only. Actual delivery dates may vary.

The shipping methods available depend on the location of the shipping address and seasonal temperature changes. Shipping methods do not take unexpected weather into consideration, which may affect shipping and delivery dates.

Local Deliveries

Generally, we do not deliver within a 10-mile radius of our shop, which is located at the following address:

825 Jamerson Road, Suite 527
Marietta, Georgia 30066

For a $5 surcharge, however, we will deliver to shipping addresses within a 10-mile radius. A minimum order of $50 is required for this service.

Holiday Deliveries

Shipping and delivery dates during busy holiday seasons are based on the carrier’s business hours. Please note that shipping and delivery timelines during these periods may be extended.

Tracking

You will receive a tracking notification email from the carrier once your order has been shipped. You may then track your order on the carrier’s website.

Returns and Exchanges

Your satisfaction with acacaoaffair’s products is important to us. We carefully inspect each order before it leaves our facility.

acacaoaffair permits returns only upon prior written agreement and no more than 48 hours after delivery.

If there is an obvious flaw or nonconformity with your order, please contact us within 48 hours of delivery so that we can promptly resolve the issue. Your claim should be described in writing, dated and signed. You must return a defective product in order for us to process a claim of defectiveness. acacaoaffair may, in its sole discretion, pay for return shipping under such circumstances. We will make every attempt to provide replacement products at no additional charge. If a replacement is not available, we will return the amount you paid in full. In placing an order, you waive any additional claim you may have, including interest and other payments, on your own behalf and on the behalf of any other recipient of the order.

Disclaimer of Warranties and Limitation of Liability

A CACAO AFFAIR GUARANTEES THE FRESHNESS OF ITS PRODUCTS FOR TWO WEEKS FROM THE TIME THEY LEAVE OUR FACILITY, WITH THE EXCEPTION OF ITS CHOCOLATE-DIPPED STRAWBERRIES THAT HAVE A SHELF LIFE OF 48 HOURS, SO LONG AS THE PRODUCTS ARE PROPERLY HANDLED AND STORED. THE ROOM TEMPERATURE WHERE THE PRODUCTS ARE STORED SHOULD NOT EXCEED 70°F. HUMIDITY SHOULD REMAIN BELOW 60 PERCENT. DO NOT LEAVE THE PRODUCTS IN DIRECT SUNLIGHT.

YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT THE WEBSITE AND ALL INFORMATION, CONTENT OR PRODUCTS, INCLUDED OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND THAT A CACAO AFFAIR HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOTH CURRENT AND FUTURE, A CACAO AFFAIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND THE INFORMATION, CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT (ALL OF WHICH ARE DISCLAIMED).

WE ATTEMPT TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE; HOWEVER, WE DO NOT WARRANT THAT ANY PRODUCT, DESCRIPTION, PHOTOGRAPH, PRICING, OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING AN ORDER, IN DELIVERING A PRODUCT OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER IF NECESSARY (INCLUDING CHANGING AN INCORRECT PRICE) OR CANCEL THE ORDER AND REFUND ANY AMOUNT CHARGED. YOUR SOLE REMEDY IN THE EVENT OF SUCH ERROR IS TO CANCEL YOUR ORDER AND OBTAIN A REFUND.

UNDER NO CIRCUMSTANCE SHALL A CACAO AFFAIR, ITS PARENTS, SUBSIDIARIES OR AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THIS AGREEMENT OR ANY INFORMATION, CONTENT OR PRODUCTS OBTAINED THROUGH THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF A CACAO AFFAIR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF A CACAO AFFAIR TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR THE PRODUCTS WHICH GIVE RISE TO THE LIABILITY. BY USING THE WEBSITE, YOU AGREE TO RELEASE AND HOLD HARMLESS A CACAO AFFAIR, AND ANY AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES IT MAY HAVE NOW AND IN THE FUTURE, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES RELATING IN ANY WAY TO USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF A CACAO AFFAIR IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE APPLICABLE LAW.

Allergen Information

UNLESS OTHERWISE SPECIFIED ON THE PACKAGING, ALL OUR CHOCOLATE PRODUCTS MAY CONTAIN MILK OR OTHER DAIRY PRODUCTS. ANY PERSON WITH A DAIRY ALLERGY SHOULD NOT CONSUME ANY OF THESE PRODUCTS.

UNLESS OTHERWISE SPECIFIED ON THE PACKAGING, ALL OUR PRODUCTS CONTAINING CHOCOLATE ALSO MAY CONTAIN NUTS, INCLUDING PEANUTS. ANY PERSON WITH A NUT ALLERGY SHOULD NOT CONSUME ANY OF THESE PRODUCTS.

UNLESS OTHERWISE SPECIFIED ON THE PACKAGING, ALL OUR PRODUCTS CONTAINING CHOCOLATE MAY CONTAIN GLUTEN. ANY PERSON WITH A GLUTEN ALLERGY SHOULD NOT CONSUME ANY OF THESE PRODUCTS.

Dispute Resolution

If a dispute arises between you and acacaoaffair, you agree that such dispute will be resolved by binding arbitration administered by the American Arbitration Association under their rules for consumer arbitration. The exclusive venue for such arbitration is Cobb County, Georgia. All disputes in arbitration will be handled only between the named parties. The arbitrator will not have authority to conduct any proceeding on a class, private attorney general, or other representative basis; provide any relief to a person who is not a named party; nor join or consolidate claims involving persons who are not named parties. You acknowledge this means that you may not have access to a court or jury.

Jurisdiction and Governing Law

acacaoaffair operates and controls this Website (including linked sites) within the state of Georgia. You agree that Georgia law applies to all matters regarding the use of this Website, including all our transactions. acacaoaffair makes no representation that the Website is appropriate or available for use in any other jurisdiction. If you attempt to access, use, or download materials from this Website while located in other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

Waiver

acacaoaffair reserves the right to pursue any and all legal and equitable remedies against anyone in violation of these Terms, including but not limited to terminating that person’s access to the Website. Any failure by acacaoaffair to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms is deemed unlawful by a court of competent jurisdiction, or unenforceable for any reason, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any of the remaining Terms. These Terms, in connection with our Terms of Use and Privacy Policy, constitute the entire agreement between you and acacaoaffair with regard to your purchase of products through the Website.

Questions or Complaints

Please contact us with any questions or complaints:

Thank you for shopping with us.