Chocolate Heaven and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Chocolate Heaven, you implicitly accept these conditions. Please read them carefully.  Last updated June 27, 2005

1. Your Account
2. Product Descriptions
3. Pricing
4. Availability
5. Shipping
6. Warranties
7. Site Access and License
8. Trade Dress and Trade Marks
9. Electronic Communications
10. Submitting Suggestions And Other Content
11. Responsibility of Affiliations
12. Limitation of Liability
13. Applicable Law
14. Disputes
15. Modification and Severability
16. Copyright Declaration
17. Contact Us

To fully understand our practices, please review our Privacy Notice and Copyright Statement which also governs your visit to this site.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to the computer(s) you use to access this site with. You agree to accept responsibility for all purchasing and other activities that occur under your account or password. Chocolate Heaven only sells products and services online to customers with a valid credit card. If you are under 18, you may only purchase on our website with the permission of a parent or guardian. Chocolate Heaven and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Product Descriptions 

Please note that actual products may differ slightly from the picture. Chocolate Heaven and its affiliates attempt to be as accurate as possible. However, Chocolate Heaven does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Chocolate Heaven reserves the right to cancel an order or to issue a Returned Merchandise Authorization (RMA) for merchandise that is advertised in error, is unexpectedly out of stock, does not conform to specifications, or was shipped in error. Chocolate Heaven will also cancel an order if it is deemed to be made in bad faith or for which we were unable to verify billing information with the credit card's issuing bank.

Pricing

All prices are listed in U.S. dollars. We do not offer a price-matching policy, nor do we offer additional online discounts on large orders of a single product or on large orders of many individual products.

Extremely heavy items may require a special shipping surcharge. The surcharge varies depending on the size and weight of the item, and will be noted, as appropriate, on the description page for those items affected.

Advertised prices and available quantities are subject to change without notice. We cannot confirm the price of an item until you order.

If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Availability

Chocolate Heaven makes every effort to provide current stock status. In spite of these attempts, items listed on the site as available may occasionally fall on backorder (as orders happen by the minute). On the product listing page and final order confirmation, please note the product availability status.

1. In Stock:  Products generally ship within 1 week from time of order (depending on which shipping method you choose) upon credit card authorization (or under pre-approved company terms), unless otherwise stated on individual product description pages. Credit card transactions are billed at point of online checkout.

2. Limited Stock:  Limited quantities of this product are available, we cannot guarantee your order will be shipped. You will be notified if your order is placed on backorder or canceled.

3. Out of Stock:  When a product is listed as out of stock, your order will be automatically placed on backorder. If an item gets placed on backorder, the customer will be contacted via e-mail and notified. When B/O's arrive the customer will be asked if they would still like that item shipped. If your order cannot be shipped within 30 days it will be canceled. In an effort to help our customers, you may be given the opportunity to extend the back order past 30 days for highly constrained items, and orders will remain open and be shipped as soon as the product becomes available. No backordered item will be kept open beyond 30 days without the consent of the customer.

4. Special Orders:  Special orders, including custom packaging, special configurations, may require at minimum a 3- to 5-day order lead-time. Please see the individual product description for more details.

5. Quantity Limitation:  Chocolate Heaven reserves the right to limit the number of units available per order.

6. Backorders:  Chocolate Heaven makes every effort to provide current stock status. In spite of these attempts, items that are listed on the site as available may occasionally fall on backorder.

   If, for any reason, your item has not shipped within the specified shipping time frame, we will notify you of this delay via email. At that time you will be given the option to either cancel your order, or allow it to remain on backorder. If you wish to cancel during this time, you may do so by submitting an Overdue Delivery service request.

7. Cancellations:  Chocolate Heaven reserves the right to cancel an order or to issue a Return Merchandise Authorization (RMA) for merchandise that is advertised in error, is unexpectedly out of stock, does not conform to specifications, or was shipped in error. Additionally, Chocolate Heaven reserves the right to cancel any order which was posted to the site in error or has errors contained within the product descriptions, including pricing.

   Once an order has been placed, it cannot be canceled by the customer unless the shipment is delayed beyond the represented shipping time. If the ordered product(s) do not ship within the represented time, Chocolate Heaven will honor any request for cancellation received prior to the actual shipment of the product(s).

Shipping

• Insurance:  All deliveries are insured and guaranteed against loss, theft and damage. If you should experience any freight damage, please submit a request.
• Order Status:  We will notify you by e-mail when your package ships. You may also check the status of your shipment by going to the Order Status page under 'My Account' (link currently under construction, please email us or call for your order status). 
• Order Processing Time:  Order processing times are listed in business days, and are contingent upon credit card authorization and screening.  Chocolate Heaven will send an e-mail message notifying you when an item is delayed beyond the time represented.
• Destinations and International Orders:  At this time Chocolate Heaven ships only within the 50 United States. Chocolate Heaven does not ship to domestic or international P.O. Boxes. You must have a physical delivery address for shipment.
• Sales Tax:  All orders ship from California and are not charged sales tax under current internet laws and regulations, unless otherwise stated on the product description page.

Warranties

Chocolate Heaven stands behind every chocolate it carries.  Chocolate is more than just a product, it's a gift, an experience, involving all of your senses.  If your chocolate arrives in unsatisfactory condition, please return them for a courteous prompt replacement.

Site Access and License

Chocolate Heaven grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Chocolate Heaven. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Chocolate Heaven. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chocolate Heaven and our affiliates without express written consent. You may not use any meta tags or any other 'hidden text' utilizing Chocolate Heaven's name or trademarks without the express written consent of Chocolate Heaven. Any unauthorized use terminates the permission or license granted by Chocolate Heaven. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Chocolate Heaven so long as the link does not portray Chocolate Heaven, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Chocolate Heaven logo or other proprietary graphic or trademark as part of the link without express written permission.

Trade Dress and Trade Marks

Chocolate Heaven packaging, graphics, logos, page headers, button icons, scripts, and service names are trademarks and/or trade dress of Chocolate Heaven. Chocolate Heaven's trademarks and trade dress may not be used in connection with any product or service that is not Chocolate Heaven's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Chocolate Heaven. All other trademarks not owned by Chocolate Heaven that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chocolate Heaven.

Electronic Communications

When you purchase from Chocolate Heaven or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Submitting Suggestions And Other Content

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, chain letters, mass mailings, or any form of 'spam.' You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

If you do submit material, suggestions, or ideas, and unless we indicate otherwise, you grant Chocolate Heaven and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Chocolate Heaven and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content of suggestions, material, and/or ideas that you submit; that this content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Chocolate Heaven or its affiliates for all claims resulting from content you supply.

Responsibility of Affiliations

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Chocolate Heaven does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Limitation of Liability

THIS SITE IS PROVIDED BY Chocolate Heaven ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.' Chocolate Heaven MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Chocolate Heaven WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Chocolate Heaven DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Chocolate Heaven ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting Chocolate Heaven, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Chocolate Heaven or its affiliates.

Disputes

Any dispute relating in any way to your visit to Chocolate Heaven or to products you purchase through Chocolate Heaven shall be submitted to confidential arbitration in San Francisco, California, USA, except that, to the extent you have in any manner violated or threatened to violate Chocolate Heaven's intellectual property rights, Chocolate Heaven may seek injunctive or other appropriate relief in any state, or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Modification and Severability

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Copyright Declaration

All design concepts and verbiage contained within this web site are the sole property and invention of Chocolate Heaven and its developers.

Permission is granted to download information from this site for personal and private viewing or printing purposes only. No other duplication or distribution by any means of the content within this web site is permitted without express written consent. This includes; any images, photographs, animations, flash, video, audio, music, text, applets, and scripts, incorporated into the source code and accompanying printed materials.

All other images, logos, trademarks, and service-marks utilized are the sole property of their respective companies.

All rights reserved under domestic and international copyright laws and treaties © 2004, 2005.

Contact Us

Chocolate Heaven
Pier 39, D-1
San Francisco CA  94133

Phone: 415-421-1789
info@ChocolateHeaven.com

CustomerService@ChocolateHeaven.com