Legal

Privacy Policy

This privacy statement discloses the privacy practices for the Coco Délice Fine Chocolates web site located at www.cocodelice.com.

CocoDelice.com is a wholly owned service of Coco Délice Fine Chocolates of P.O. Box 194243, San Francisco, CA 94119-4243. Herein where this document refers to “CocoDelice.com ” or “Coco Délice Fine Chocolates” it refers to the same organization.

Because Coco Délice Fine Chocolates is committed to your privacy, we adhere to the following policy:

1. Personal Information

1.a CocoDelice.com uses its online customers’ personal demographic [name, address, and the names and addresses of recipient of gifts from you] and financial information [credit card information], as voluntarily supplied to us at the point of purchase, for the exclusive purpose of enabling the sales transaction and delivery of Coco Délice Fine Chocolates to the customer. The customers information is not supplied to third parties except in the case that it is required by law. Coco Délice Fine Chocolates may at times use general demographic information for internal statistical analysis, or provide statistical analysis to third parties which does identify individual customers.

1.b CocoDelice.com may at any time request your voluntary participation in a consumer survey that would provide personal demographic information for marketing purposes, customer service improvements, or to provide general statistical analysis to third parties.

1.c Coco Délice Fine Chocolates may also use access information as provided by the act of visiting our site including but not limited to your IP Address, and your activity while on the site for internal purposes or to provide to third parties as required by law. This access information would not be used in an attempt to identify you except in the case of legal action resulting from illegal activity on your part.

1.d As the information described in paragraphs 1.a through 1.c is supplied voluntarily by the user through the act of visiting the site,
or providing the information on a form at CocoDelice.com, Coco Délice Fine Chocolates is not responsible for its accuracy. We have provided
forms under the “My Account” feature that allows you to modify, add, or delete personal information.

1.e We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. To our knowledge, these companies do not retain, share, store or use personally identifiable information for any secondary purposes.

2. Information Storage

Information supplied by user, with the exception of financial information, will be stored in our database for the user’s future reference. This information is protected by SSL encryption (described in paragraph 4.b) and a challenge-response username and password supplied exclusively to you at the point of your first purchase.

3. Cookies

A cookie is a piece of data stored on the user’s hard drive connecting the user to information her previously offered, or selected. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates.

4. Security

4.a This web site takes every precaution to protect our users information. When users submit sensitive information via the web site, your information is protected both online and off-line.

4.b When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software available in the industry – SSL. Typically, while on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Firefox or Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just surfing.
Currently, the lock icon is not apparent because the secured page is contained within a frameset. However, if you view the properties of the ordering pages you can verify that these pages are in fact encrypted using a VeriSign Digital ID.

4.c While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers information is protected.
Finally, the servers that we store personally identifiable information on are kept in a secure environment.

4.d If you have any questions about the security at our web site, you can send an email to info@cocodelice.com.

5. Customer Interaction

5.a We send all customers an email receipt to verify purchase and access information.

5.b Established customers may occasionally receive information on products, services, special deals, or news. Out of respect for the
privacy of our users we present the option to not receive these types of communications via email request. If you have received a promotional email and were not given the opportunity to opt out you
may send an opt out request to:
info@cocodelice.com.

5.c We may send the user site and service announcement updates which contain important information about the service or site operations. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.

6. Remedies

If you feel that this company is not abiding by its posted privacy policy, please contact Coco Délice Fine Chocolates at: (415) 407-8413, or via email at: info@cocodelice.com. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact the Better Business Bureau, or consumer protection agency of your choosing.

7. Changes to this Policy

Coco Délice Fine Chocolates retains the right to change this policy at any time. Upon such changes, affected customers will be notified via email. It is the responsibility of the user to check this policy periodically to stay current with changes.

AGREEMENT BETWEEN USER AND COCO DÉLICE FINE CHOCOLATES:

This Web site is offered by Coco Delice Fine Chocolates (Coco Délice) to the user conditioned on acceptance by the user (“User”) without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User is deemed tohave agreed to all such terms, conditions, and notices (the “Agreement”).

Coco Délice Fine Chocolates has posted a Privacy Policy on this site,accessible via a link at the bottom of the screen. User certifies that he has read and understands and acknowledges the privacy practices of Coco Délice Fine Chocolates.
COPYRIGHT AND TRADEMARK NOTICES

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COCO DÉLICE FINECHOCOLATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

COCO DÉLICE FINE CHOCOLATES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALLSUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COCO DÉLICE FINE CHOCOLATES AND/ORITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NOEVENT SHALL COCO DÉLICE FINE CHOCOLATES AND/OR ITS RESPECTIVESUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITYTO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OFTHE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COCO DÉLICE FINE CHOCOLATES AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.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.

NO UNLAWFUL OR PROHIBITED USE

As a condition of use of this Web site, User warrants to Coco Délice Fine Chocolates that User will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices.

LINKS TO THIRD PARTIES’ WEB SITES

This Web site may contain hyperlinks to Web sites operated by third parties other than Coco Délice Fine Chocolates. Such hyperlinks are provided for User’s references only. Coco Délice Fine Chocolates does not control such Web sites and is not responsible for their contents. Coco Délice Fine Chocolates inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

USE OF EMAIL OR OTHER COMMUNICATIONS FORUMS

To the extent that this Web site contains email or other communication facilities (“forums”), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not do any of the following:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

2. Publish, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.

4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

6. Falsify the origin or source of software or other material contained in a file that is uploaded.

7. Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters.

8. Download any file that the User knows, or reasonably should know, cannot be legally distributed via this Web site.

User agrees (as available) to send and receive electronic mail and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Coco Délice Fine Chocolates and applicable law. The User acknowledges that emails and any other such communications forums hosted by this Web site are public and not private communications.

Coco Délice Fine Chocolates reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. Coco Délice Fine Chocolates reserves the right to edit any notices for clarity and length.

SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from this Web site (“Software”) is the copyrighted work of Coco Délice Fine Chocolates, Adobe Systems, Inc. and/or their suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.

For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Coco Délice Fine Chocolates, Adobe Systems, Inc. and/or their suppliers hereby grant to the User a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.

Please note that all HTML code contained in this Web site is owned byCoco Délice Fine Chocolates and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control
laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

SERVICE CONTACT

Contact info@cocodelice.com with questions or problems with this Web site.

MODIFICATION OF THESE TERMS AND CONDITIONS

Coco Délice Fine Chocolates reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User’s acceptance of such changes.

GENERAL

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This agreement shall be deemed to have been made in the State of California, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of California, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Alameda, California, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the California courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Coco Délice Fine Chocolates as a result of this Agreement or use of this Web site. User agrees not to hold himself o r herself out as a representative, agent, or employee of Coco Délice Fine Chocolates shall not be liable for any representation, act or omission of the User.

Coco Délice Fine Chocolates performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Coco Délice Fine Chocolates right to comply with law enforcement requests or requirements relating to the User’s use of this Web site or information provided to or gathered by Coco Délice Fine Chocolates with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and Coco Délice Fine Chocolates with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Coco Délice Fine Chocolates with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

USE OF THIS WEB SITE BY MINORS

You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using the Web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that this Web site shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act.

You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Web site.

INDEMNITY

As a condition of use of this Web site, the User agrees to indemnify Coco Délice Fine Chocolates and its suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from User’s use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.