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Merchant Services


Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

SHIPPING

The 'Shipping' charges displayed on our site include handling fees. Therefore, if you are shipping to NY State, tax will be collected for the 'Shipping' amount.

Our online system estimates the shipping & handling costs. If the actual costs are greater than those shown online, we will contact you and advise you of the new cost. You will have the right to cancel your order. Empress will not be held liable to honor the shipping costs displayed online.

Empress reserves the right to switch carriers &/or method of shipping. Level of service will be comparable or better.

Shipping Limitations:

We are currently only set up to ship within the Continental United States, to regular street addresses for on-line orders. We cannot ship to a Post Office Box address. Only regular street addresses are acceptable.

Shipping Date:

We typically have all products in stock and ship within 48 hours. In the event that we are unable to fulfill your non-custom order within 48 hours we will contact you, by phone or e-mail, before we process your order. We will wait for your response before we proceed with the processing of that purchase order. Orders which include custom printing will typically take five to ten working days to process.

SALES TAX

A New York sales tax of 8.375% will be added to all orders shipped to a location within the state of New York.

RETURN POLICY

All products are shipped from our New York warehouse. Our chocolates are perishable and susceptible to heat damage. We are not responsible for damage caused by warm weather, unless your order is shipped overnight.

Therefore, we recommend that you request next day air during the summer months (above 70 degrees Fahrenheit) or to regions with high temperatures (above 70 degrees Fahrenheit).

In the event that there is a defect that is not caused by heat damage in one or more of the products that we send you, then we will gladly exchange your order. Should this occur, please e-mail us at sales@empresschocolate.com.

Any and all complaints must be received within 5 days of receipt.
 
Any product that is returned without a return authorization number will not be credited.

Due to the perishable nature of our products, we do not allow product returns or exchanges for reasons other than those stated above.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Empress Chocolate Company. The collective work includes works that are licensed to Empress Chocolate Company. Copyright 2003, Empress Chocolate Company ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Empress Chocolate Company or purchasing Empress Chocolate Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Empress Chocolate Company or to purchase Empress Chocolate Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Empress Chocolate Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Empress Chocolate Company used in the site are trademarks or registered trademarks of Empress Chocolate Company


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Empress Chocolate Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Empress Chocolate Company does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Empress Chocolate Company does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Empress Chocolate Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Empress Chocolate Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Empress Chocolate Company product is mistakenly listed at an incorrect price, Empress Chocolate Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Empress Chocolate Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Empress Chocolate Company shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Empress Chocolate Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Empress Chocolate Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Empress Chocolate Company.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Empress Chocolate Company products) shall be in the state or federal courts located in New York City, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Empress Chocolate Company products) must be commenced within one (1) year after the claim or cause of action arises. Empress Chocolate Company's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Empress Chocolate Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Empress Chocolate Company reserves the right to cancel, at any time, any order received online.
Empress Chocolate Company reserves the right to substitute any item(s) (ie. truffle or cream) in any assortment with another chocolate of equal or greater value.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Empress Chocolate Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Empress Chocolate Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Empress Chocolate Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Empress Chocolate Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Empress Chocolate Company in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Empress Chocolate Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Empress Chocolate Company may link to sites operated by third parties. However, even if the third party is affiliated with Empress Chocolate Company, Empress Chocolate Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Empress Chocolate Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Empress Chocolate Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).