In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
"the Buyer" means the person, firm or company who purchases the product(s) from the Company:
"the Company" means Chocolate Nugget Candy Factory
"Contract" means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
"Products" means any products agreed in the Contract to be supplied by the Company to the Buyer;
"Place of Delivery" means the place to which the Products are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract..
For online orders requesting Pickup or Delivery; the Place of Delivery shall be the Buyer's premises and the Buyer shall take delivery within 7 days of the Company notifying the Buyer that the Products are ready for delivery. For Pickup the Place of Delivery will be at one of the Companies two locations. Pickup preference will be identified by the customer at checkout.
Any dates specified by the Company for delivery of the Products are intended to be an estimate only. If no date is specified for delivery of the Products, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Products nor will any delay entitle the Buyer to terminate or rescind the Contract.
4. Risk and Ownership of the Products
Risk and ownership of the Products shall pass to the Buyer on delivery or at pickup.
The price for the Products shall, unless otherwise agreed, be the price listed in the online store managed by the Company. The Buyer will pay online as the Company requests at checkout.
Subject to paragraph 5, payment of the price of the Products shall be due at checkout, and prior to delivery or pickup
7. Refunds and Damages
Damage and shortages must be notified to the Company within 14 days of delivery or pickup. We reserve the right to refuse a refund based on owner's or manager's discretion. If for any reason the Products provided by the Company were not up to your expected standards on purchase, please let the Company know ([email protected]).
The Company warrants that the Products are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 14 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Products in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Products after giving such notice or alters the Products without the agreement of the Company.
The Company's liability under the warranty shall be limited to replacing the Products in question or refunding the price of such Products.
If for any reason the Products provided by the Company were not up to your expected standards on pickup or delivery, please let the Company know ([email protected]).
9. Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed $2,500 and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
10. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, national emergency, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to Nevada State Law and the parties submit to the exclusive jurisdiction of the Nevada Courts.