Welcome to ZORA! These Terms of Use (these “Terms”) apply to your use of zorachocolate.com (the “Website”) which is owned and operated by ZORA, LLC (“ZORA”, “we” or “us”). Please read these Terms carefully before accessing or using this Website. By accessing or using any part of this Website, you agree to be bound by these Terms. We may change these Terms, and any such change will take effect as soon as the amended Terms are posted on this Website. Your continued use of this Website following any such change indicates your acceptance of those revised Terms.
We cannot guarantee that this Website will always be available or that your access will be uninterrupted. We may remove, suspend or change all or any part of this Website at any time without notice.
1. Use of this Website We grant you a limited license to access and use this Website for your personal use to purchase products (“Products”) from us and to otherwise learn about ZORA. This limited license does not permit you to: (a) re-sell any Products; (b) use or copy any Product listings, or descriptions; (c) create any derivative works from this Website or its content; (d) download or copy information for the benefit of a third party; or (e) use any data mining, robots, or data gathering and extraction tools. You covenant that you will not use this Website for any purpose prohibited by law. This Website and its content are owned by us and may not be reproduced without the written consent of ZORA.
2. Ordering Products You may, but are not required to, establish an account with us to order Products (each an “Order”). While we try to be accurate, this Website may contain errors and may not be complete or current. Please note that such errors or omissions may relate to the descriptions of Products, pricing and availability. We reserve the right to the fullest extent allowed by law to: (a) correct any errors or omissions (including after an Order has been submitted); (b) to change or update information at any time without prior notice; and (c) cancel or refuse to accept any Order placed based on incorrect pricing, availability information as well as Orders that appear to be the result of fraudulent or inappropriate activity. We apologize for any inconvenience. In the event that we change or cancel an Order we will attempt to notify you at the email address you provide to us.
You are responsible for all sales taxes. Shipping and handling charges may be added to your Order. Due to the perishable nature of the Products, all sales are final and Products may not be returned.
Payment by credit card must be made prior to the shipment of any Order. We do not process credit card payments ourselves, but rather use a third party, currently [Stripe] to do so. So although credit card information may be collected, we do not store any credit card information.
You must be 18 years of age or older to purchase Products. If you are not 18, please ask your parent or guardian to purchase Products for you.
3. User Comments and Feedback If you submit any creative ideas, suggestions, proposals, plans or other materials, whether online by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such Comments. We have no obligation: (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments. We may, but have no obligation, to monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of your Comments. You are solely responsible for any Comments and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or by any third party.
4. Third-Party Links This Website may link to websites operated by third parties (each a “Third Party Site”). ZORA has no control over these linked sites, all of which have their own privacy and data collection policy and practices. ZORA is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site.
5. Disclaimer Of Warranties We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You agree that your use of, or inability to use, the Website is at your sole risk. The Products are provided “as is” and “as available”, without any representations or warranties, either express or implied. We disclaim all implied warranties to the extent permitted by law.
6. Limitation of Liability To the extent permitted by law, in no event shall ZORA, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any Products sold to you, or for any other claim related in any way to your use of the Website or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, even if advised of their possibility. Our maximum liability for your use of the Website is equal to the amount of the Order at issue.
7. Governing Law/Jurisdiction These Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of Delaware (USA), without reference to otherwise applicable principles of conflicts of law. Any dispute related to the Agreement shall be submitted solely to the courts of the state of Delaware. YOU AND US AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY FOR A DISPUTE RELATED TO THE AGREEMENT.
8. Privacy Policy We collect limited amounts of personal data or personally identifiable information. Please review our Privacy Policy for more information as to how we use and handle such information.
9. Contact Information Questions about these Terms or this Website should be emailed to us at teamzora@zorachocolate.com.
Last Updated: December 2021