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.
By entering and using our Site, you indicate that you accept these
and conditions that may appear elsewhere on our Site, and that you
agree to be bound by them. Acceptance of these Terms creates a binding
contract between you and Astor Chocolate that you will use the Site
and its services only in a manner consistent with these Terms. If
you have questions about these Terms, please contact firstname.lastname@example.org.
Your use of the Site is entirely conditioned on and subject to your
compliance with these Terms. If you do not agree with these Terms,
do not access or use the Astor Chocolate website.
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
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.
Our user-friendly screens make selecting, personalizing and ordering
products fast and simple. After selecting the type and quantity
of an Astor Chocolate product, and, if applicable, using the Astor
Chocolate Service to personalize the product, click on “Add
to Cart”, and the product is added to your “shopping
cart” so you can keep track of your product choices as you
continue shopping. You then proceed to check-out. During the check-out
stage, you will be given the option of paying immediately through
a credit card, or paying via personal check within fourteen days
of receipt of the invoice for your order. If you opt to pay through
credit card, check-out is a simple and 100% secure process, so you
can feel safe knowing that your credit card and personal information
are protected at all times. For more information relating to the
security and protection of your credit card and personal information,
If you have a credit/terms account set up with Astor Chocolate at
the time you purchase your product, you are given the option of
shopping on terms. Once your order is placed, you will receive an
email order confirmation, which you can refer to for tracking the
status of your order. The sending of the email order confirmation
constitutes acceptance of the order by Astor Chocolate; Astor Chocolate’s
acceptance is effective as of that date and time.
We accept the following payment options: Visa, MasterCard and personal
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,
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
CUSTOMER’S USE OF PERSONAL DESIGNS OR LOGOS
Yes, Astor Chocolate allows its customers to incorporate their
own designs and logos in a variety of Astor Chocolate products.
Should a costumer wish to do so, the customer must email their design
or logo to Astor Chocolate at email@example.com.
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.
In consideration of your use of the Site, you agree to provide
true, accurate, current and complete information about yourself
as prompted by the Site’s registration form or similar query
(“Customer Information”). Customer Information and certain
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
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTOR CHOCOLATE AND ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS
PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF ASTOR CHOCOLATE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE,
OR OTHER TORTIOUS ACTION, RESULTING FROM: (i) YOUR USE OR INABILITY
TO USE THE SITE; (ii) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SITE; (iii) THE UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER
RELATING TO THE SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.
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.