Terms and Conditions
OVERVIEW
This website is operated by 174 Cacao. Throughout the site, the terms "we," "us," and "our" refer to 174 Cacao. We offer this website, including all information, tools, and
services available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service"
and agree to be bound by the following terms and conditions, including any additional
terms and conditions and policies referenced herein and/or available by hyperlink.
These terms apply to all users of the site, including, without limitation, users who are
browsers, vendors, customers, merchants, and/or contributors of content.
Please read these terms carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these terms. If you do not agree
to all the terms and conditions of this agreement, you may not access the website or
use any services. If these terms are considered an offer, acceptance is expressly limited
to these terms.
Any new features or tools added to the current store shall also be subject to these
terms. You can review the most current version of the terms at any time on this page.
We reserve the right to update, change, or replace any part of these terms by posting
updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these terms, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or
province and you have given us your consent to allow any of your minor dependents to
use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you
violate any laws in your jurisdiction while using the service.
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the terms will result in the immediate termination of your
services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, not including credit card information, may be
transferred unencrypted and involve transmissions over various networks. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the
service, use of the service, or access to the service or any contact on the website
through which the service is provided without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit
or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete, or current. The material on this site is provided for general information only
and should not be relied upon as the sole basis for making decisions without consulting
primary, more accurate, or complete sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information, which is not current and is provided
for your reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third party for any modification, price change,
suspension, or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images
of our products. However, we cannot guarantee that your computer monitor's display of
any color will be accurate.
We reserve the right to limit the sales of our products or services to any person,
geographic region, or jurisdiction. We may exercise this right case by case. All
descriptions of products or product pricing are subject to change at any time without
notice, at our sole discretion. We reserve the right to discontinue any product at any
time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations or that any errors in
the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, household, or order.
You agree to provide current, complete, and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions successfully.
For more detail, please review our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor or
have any control.
You acknowledge and agree that we provide access to such tools "as is'"and "'as available" without any warranties, representations, or conditions of any kind. We shall
have no liability arising from your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our service may include materials
from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy, and we do not
warrant and will not have any liability for any third-party materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us,
you send creative ideas, suggestions, proposals, or other materials, whether online, by
email, by postal mail, or otherwise, you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium
any comments that you forward to us.
We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion is unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable, or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including
copyright, trademark, privacy, personality, or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could
in any way affect the operation of the service or any related website. You may not use a
false email address, impersonate any person or entity, or mislead us or third parties as
to the origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy, please visit the Privacy Policy page on our website.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the service that contains
typographical errors, inaccuracies, or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times, and availability. We
reserve the right to correct any errors, inaccuracies, or omissions, and to change or
update information or cancel orders if any information in the service or on any related
website is inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify information in the service or on
any related website, including without limitation, pricing information, except as required
by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
province or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses
or any other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the service or of any related website, other websites, or
the Internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of the service
or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be
uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will
be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are
(except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties, or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 174 Cacao, our directors, officers, employees, affiliates, agents,
contractors, interns, 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, loss of
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 service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content or for any loss or damage of any kind incurred as
a result of your use of the service or any content (or product) posted, transmitted, or
otherwise made available via the service, even if advised of their possibility.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 174 Cacao and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,
void, or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our
Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or
in respect to the service constitute the entire agreement and understanding between
you and us and govern your use of the service, superseding any prior or
contemporaneous agreements, communications, and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of European
Union, without regard to its conflict of law provisions.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this
page.
We reserve the right, at our sole discretion, to update, change, or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes.
Your continued use of or access to our website or the service following the posting of
any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: info@174cacao.com.