ACCEPTANCE OF TERMS
Astor Chocolate Corp. manufactures and distributes a wide variety of premium Belgium chocolate products. Astor Chocolate Corp. also sells a wide variety items manufactured by some of your favorite chocolate and candied candy companies.
Please read these Terms and Conditions (the “Terms”) carefully before you enter the Astor Chocolate Hospitality website (the “Site”), or use any of the Astor Chocolate Hospitality services. Astor Chocolate allows its customers—specifically, those in the hospitality industry (e.g., hotels, cruise lines, etc.)—to select, personalize and order chocolate or other candied products. If a customer elects to purchase a customized product, the customer emails Astor Chocolate its design or logo, which Astor Chocolate then uploads into its library and uses to customize the product (collectively, the “Service”).
These Terms govern your access and use of this Site, and your purchase of products from this Site. In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. Astor Chocolate reserves the right to change or update these Terms at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
All standard, in-stock, non-customized items will be shipped within 1 to 3 business days after your order has been approved, Monday through Friday, with the exception of any United States holiday or company holidays which will be shipped the following business day.
Due to the skill and time required to customize items, it is difficult for Astor Chocolate to provide estimated shipping times for customized items. Notwithstanding the above, any customized items ordered by a first-time customer or by an existing customer using a new design or logo generally take between one and three weeks to prepare. Any customized items ordered by an existing customer with a previously-used design or logo generally take a shorter amount of time to prepare.
All orders will be shipped in the best and most efficient way possible, using the following carriers: UPS, DHL, Federal Express, as well as other available trucking methods. Please be advised that due to the delicate nature of chocolate, during warm weather, Astor Chocolate will not ship its products over any weekend. Furthermore, during warm weather, Astor Chocolate may need to insulate your chocolate order, at an additional cost to the customer.
Astor Chocolate cannot ship to P.O. Boxes. Customers must provide a street address for delivery of their order. Please be sure to include appropriate suite or apartment numbers when necessary to ensure proper delivery.
Our expected delivery date is not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Title for the ordered product passes to the client upon delivery to the carrier at shipping point, or upon mailing of invoices for the ordered product or its segments, whichever occurs first.
Please note that our Site is set up to ship internationally, subject to all international duties and tariffs.
We accept the following payment options: Visa, MasterCard and personal checks.
Pending credit approval, Astor Chocolate Corp.’s payment terms are fourteen (14) days from receipt of invoice. You agree to pay a $20.00 Return Check Fee for each returned check.
Should you fail to remit payment within fourteen days, you will be placed on C.O.D., pre-pay or credit card transaction terms only for any and all future orders. Should it become necessary to place the account with a collection agency or an attorney, you agree to pay all collection costs and attorney fees in addition to all other sums due. Any disputes resulting in a court hearing shall be tried in the State of New Jersey and the laws of that state shall apply.
Applicable sales tax will be added to shipments being made to any location within the States of New York and New Jersey and such other states where Astor Chocolate may from time to time be required to charge sales tax. No sales tax will be added to shipments made to other states. Tax is charged on the entire order including amounts charged for shipping and handling.
RETURN POLICY FOR PERSONALIZED PRODUCTS
Astor Chocolate is not responsible for design or logo errors by the customer. We will use our professional judgment with regard to placement of text, design, and the appropriate size and position on personalized items. We cannot accept returns on personalized items. If you have a question regarding your order, please contact us within five (5) days of receiving your order and have your order number for referencing. If we are in error, we will reprint and ship your order immediately at no cost to you. If the error occurred on behalf Astor Chocolate’s Shipping Department, every effort will be made to reroute the package to its destination. Astor Chocolate is not responsible for any consequential damages as a result of an error. Our liability is specifically limited to the value of the personalized product we manufactured. Shipping charges can not be credited and return shipping is the customer's responsibility.
In the event that a customer wishes to return a product due to insufficient or incorrect information provided by the customer to Astor Chocolate, an RMA number must be obtained from the credit department at Astor Chocolate. The customer agrees to be responsible for a 15% restocking fee and all related shipping charges.
You agree to notify Astor Chocolate within five (5) business days after receiving shipment of your product of any shortages or overages. Deductions taken on payments will not be approved unless notification is received via phone, fax or mail or e-mail within the fourteen (14) day time frame stated above.
You agree to report damages to Astor Chocolate within five (5) business days after receiving shipment of its product. Astor Chocolate will not be responsible for damages reported after the time frame specified above. You agree to hold product until Astor Chocolate can retrieve the product. The customer will be provided with an ARS or Damage Call Tag for return shipping. Subsequent to inspection, Astor Chocolate agrees to replace the product and/or monetary value of damaged merchandise. Astor Chocolate will not reimburse customer for any product discarded without authorization.
CANCELLATION OF ORDERS, ORDER CHANGES, CORRECTIONS, ADDITIONAL
Cancellation, order changes or corrections cannot be guaranteed once an order has been submitted online to us. You may call our Customer Service Department with your request and we will try to accommodate you. For cancelled or corrected orders that have been partially or totally completed, you will be charged for the portion already personalized.
CUSTOMER’S USE OF PERSONAL DESIGNS OR LOGOS
You are solely responsible for the use of any designs or logos that you incorporate into Astor Chocolate products that you purchase. This means that you, and not Astor Chocolate, is entirely responsible for any text, image, graphic, design, trademark, service mark, or any copyrighted work of any third party that you use through the Service. This also means that you, and not Astor Chocolate, is entirely responsible for any text, image, graphic, design, or other material that is unlawful, illegal, harassing, threatening, libelous, defamatory, obscene, pornographic, harmful or malicious that you use through the Service. Astor Chocolate does not control the materials used by customers and does not guarantee the accuracy, integrity or quality of the materials.
You agree that you will not include any text, image, graphic, design, trademark, service mark, or any copyrighted work of any third party in your products unless you have obtained the appropriate authorizations from the owners. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products. You also recognize that subject matter does not have to bear a copyright or trademark notice in order to be protected by copyright or trademark law, so absence of such notice does not necessarily assure a right to reproduce. You further warrant that no copyright or trademark notice has been removed from any material used in preparing your content for reproduction. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Astor Chocolate to produce the products on your behalf.
Although Astor Chocolate does not pre-screen designs or logos, you acknowledge that Astor Chocolate shall have the right (but not the obligation) in its sole discretion to refuse to use any design or logo content that violates the Terms or may otherwise be objectionable. You further acknowledge and agree that Astor Chocolate may preserve design or logo content and may also disclose design or logo content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal actions or claims, enforce the Terms, respond to claims that the content violates the rights of third parties, or protect the rights, property, or personal safety of Astor Chocolate’s business, users and the public.
You understand that you control the privacy of any design or logo you elect to use by granting access under your personal password. When you, or someone to whom you have given access, orders a customized item using your password, you grant Astor Chocolate the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the design or logo on the Service and on the customized item for the purposes of storing designs/logos or processing customized orders. This license exists only for the length of time necessary for Astor Chocolate to complete your order or until you delete your account.
Astor Chocolate Corp. owns the copyright for all of the material, including images, illustrations, designs, icons, photographs, video clips, and written and other materials, on the Site or has a valid right from a third party to use material on the Site. Astor Chocolate Corp. also owns or has a valid right to use all trademarks, service marks, and trade names used on this website, registered or not. The contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of products from our Site) use by the users of our Site. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. Any modification of the materials or use of the materials for any other purpose is a violation of Astor Chocolate’s copyright and other proprietary rights. The use of any such material on any other website or computer network without Astor Chocolate’s written consent is strictly prohibited. Your use of the trademarks, service marks, and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by Astor Chocolate Corp., is strictly prohibited.
“Gourmet Harvest”, “Elements”, “Cirque”, “Luxe”, “Le Belge” are all service marks of Astor Chocolate Corp.
USE OF SITE AND SERVICE
You are granted permission to access this Site and its Service for the sole purpose of personalizing and ordering chocolate products solely through Astor Chocolate.
You agree to use this Site in a responsible manner that is in full compliance with these Terms and with your local laws and regulations regarding online conduct and acceptable content. No portion of the materials on this Site may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree not to use the Site to send, upload, post or otherwise transmit any material that violates any applicable federal or state laws. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of the Site, or any part thereof, with or without notice, if you are found to be using Astor Chocolate to engage in undesirable activities.
You agree to abide by these Terms and not to use the Site, any materials on the Site, or any of Astor Chocolates products for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. When you, or someone on your behalf, orders a product under your account, you grant us the license to access and store the digital files for use in processing print orders. You agree that we have no responsibility or liability for the deletion or failure to store any designs or logos transmitted to our Site.
You agree to indemnify, defend and hold harmless Astor Chocolate, and all parties from whom Astor Chocolate has licensed portions of material, and their officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms, your violation of the rights of a third party, your use of the Site, your purchase and use of Astor Chocolate products, or your use of materials not part of the Site’s standard content. This will apply regardless of responsibility for negligence.
DISCLAIMER OF WARRANTIES
ASTOR CHOCOLATE endeavors to maintain this site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the site or its operation. YOUR USE OF THE SITE AND ANY MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ASTOR CHOCOLATE MAKES NO WARRANTY THAT (i) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
GEOGRAPHIC SCOPE OF SITE
Astor Chocolate controls and operates this Site from within the United States of America. Unless otherwise specified on or by this Site, this Site is intended to promote only those Astor Chocolate products that are sold by Astor Chocolate in the United States and its territories, and Astor Chocolate makes no representation that materials in this Site or the products described thereby are appropriate or available for use in other locations. All visitors to this Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
GOVERNING LAW & OTHER TERMS
This Site is controlled and operated by Astor Chocolate Corp. and its representatives from its offices in Lakewood, New Jersey. The laws of the State of New Jersey will govern these Terms and the relationship between you and Astor Chocolate, without giving effect to any principles or conflicts of laws. You and Astor Chocolate consent to submit to the personal and exclusive jurisdiction and venue of the courts located in New York in all disputes arising out of or relating to the use of our website. The failure of Astor Chocolate to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The Terms constitute the entire agreement between you and Astor Chocolate, and govern your use of the Site and Astor Chocolate Service, superseding any prior agreements between you and Astor Chocolate.