Terms & Conditions
Last Modified: August 1, 2020
These Terms of Service (“Terms”) are between you and Sjaak’s Organic Chocolates. (“Sjaak’s”, “we” or “us”) and govern orders you place for Sjaak’s Organic Chocolate products (each a “Product”) as well as your use of sjaaks.com (the “Site”). If you are a wholesale purchaser, our Wholesale Terms and Conditions apply to you and are hereby incorporated by reference. Please read these Terms carefully before ordering Products (“order”) or using the Site. By using the Site or placing an order, you accept and agree to be bound and abide by these Terms. If you are using the Site on behalf of a company or other legal entity, the term “you” shall refer to such entity in addition to the individual user, and the individual accepting these Terms on behalf of such entity represents that he or she has the authority to bind the entity to these Terms.
You must be at least 18 years old to place orders for Products or to use this Site. You represent and warrant that you are at least 18 years old.
2. Changes to the terms
We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
To the extent the terms and conditions herein conflict with the Wholesale Terms and Conditions, if applicable to you, the Wholesale Terms and Conditions will control.
Payment must be made at the time your order is placed.
5. Changes to pricing and products
5.1. Pricing and Availability. Prices for Products, applicable taxes, and shipping costs are posted on the Site or at the point of purchase. Sjaak’s Organic Chocolate reserves the right to change the prices for Products and shipping on a going forward basis at any time in its sole discretion. We do our best to ensure that the prices posted for our Products are correct, but errors may occur. If we discover an error in the price of any Product, or the availability of a Product you have ordered, we will inform you of the error as soon as possible and give you the option of reconfirming your order or cancelling it. If we are unable to reach you regarding the error, we will cancel the order and refund payment to you.
5.2.1. We reserve the right to discontinue or change a Product at any time.
5.2.2. We make reasonable efforts to represent each Product as it will be delivered to you, but you understand and agree that the final Products delivered to you may differ in appearance from the images and descriptions provided at the time you place your order.
5.2.3. We do not accept returns or exchanges, unless the Product you purchased has a quality defect that is not the result of the Product having been left unattended upon arrival. If you receive a defective Product, please contact us at (707) 775-2434, 9 a.m. – 5 p.m. PST.
6. Products not for resale
Products are for your own personal use and not for resale. You are responsible for complying with all applicable laws, regulations and ordinances in connection with your use of any Products. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any Product in violation of such laws and/or regulations. You will defend and hold Sjaak’s Organic Chocolate harmless against all claims, damages, or liability resulting you’re your breach of the foregoing.
7. Third party materials
To the extent that any information, material, or functionality on the Site is provided by third party content providers (“Third Party Materials”), Sjaak’s Organic Chocolate has no responsibility over such Third Party Materials. All statements and/or opinions expressed in Third Party Materials are solely the opinions and the responsibility of the third party providing those materials. Third Party Materials do not necessarily reflect the opinion of Sjaak’s Organic Chocolate, and Sjaak’s Organic Chocolate does not endorse such opinions. We are not responsible, or liable to you or any third party, for the accuracy or reliability of any information provided by any third party, or for your use of any Third Party Materials that may infringe rights of third parties not owned or affiliated with Sjaak’s Organic Chocolate.
8. Accessing the site and account security
We reserve the right to withdraw or modify this Site, and any material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.
All information we collect through or in connection with this Site is subject to our Privacy Notice. By using or providing information to or through the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
You are responsible for maintaining the confidentiality of your account, including any username or password created by, or provided to, you in connection with the Site. You are solely responsible for the actions taken by you on the Site, or in connection with your account or username. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security on the Site. We reserve the right to disable any account, username, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
9. Intellectual property rights
9.1. Ownership. The Site and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Sjaak’s Organic Chocolate, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Except as expressly provided in Section 9.3 below, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, frame in another web page, republish, download, store, transmit or otherwise use any of the materials and content on the Site without our prior written authorization. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted herein are reserved by Sjaak’s Organic Chocolate. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
9.2. Trademarks. Sjaak’s Organic Chocolates and related logos are registered or unregistered trademarks and service marks owned or licensed by Sjaak’s Organic Chocolate. Other product and company names and logos appearing on the Site may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Site is strictly prohibited, and nothing appearing on the Site will be construed as granting, by implication or otherwise, any license or right to use any of those trademarks, service marks or trade names.
9.3. Licensing. Sjaak’s Organic Chocolate grants you permission to view the Site and its contents and to print individual pages from the Site for your own personal, noncommercial use, provided that you accept and abide by these Terms.
10. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any federal, state, local or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
- To transmit any data or content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that may invade another’s right of privacy or publicity, infringe upon another’s intellectual property rights, or that you otherwise do not have a right to transmit.
- To impersonate or attempt to impersonate Sjaak’s Organic Chocolate, a Sjaak’s Organic Chocolate employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for products or services if you are not expressly authorized by such party to do so.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Sjaak’s Organic Chocolate or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems.
- Otherwise attempt to interfere with the proper working of the Site.