WEBSITE TERMS & CONDITIONS OF SALE AND USE
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS. Please review these Terms and Conditions of Use. Your use of the ChocolateFountainSales.com Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this Website.
THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. We reserve the right to update or change these Terms and Conditions of Use at any time without notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you visit ChocolateFountainSales.com.
DAMAGE IN SHIPMENT: Any product purchased from ChocolateFountainSales.com that is received damaged, must be reported within 2 business days after receipt of the item to be eligible for repair, replacement or reimbursement, as reasonably warranted by the situation, by the shipping company. The shipping company is responsible for your item after it has been collected for shipment from ChocolateFountainSales.com. Please inspect your item immediately upon receipt; if shipment damage is suspected, note the condition of both the merchandise and packing material with the courier. SAVE ALL PACKING MATERIALS for inspection by the courier. Contact customer support at (208) 356-4101 or send an email to info@ChocolateFountainSales.com to report damage immediately.
DELIVERY CONFIRMATION: ChocolateFountainSales.com will check the billing/shipping address that you provide us, against the billing/shipping address that your credit card company has on file, we will only ship your merchandise after this address is confirmed to have matched. If you would like your merchandise to be shipped to an address other than your credit card billing address, you will be required to contact your credit card company to request that any such address be added to your account as an "AUTHORIZED SHIP-TO ADDRESS". Failure to do so will result in cancellation of your order. Since our courier's tracking system is so reliable, we generally do not require that someone at your home/office sign for the package. However, if anyone is present, the courier could still ask for their signature. If courier records show delivery of the package to the address that you provide with your order, the order is deemed to be delivered.
DEFECTIVE MERCHANDISE: If your merchandise fails to perform by reason of defect, please contact us immediately to inquire about applicable Warranty coverage, procedures and claims. If you are uncertain what the warranty period is for your particular product, you can refer to the chart below, or feel free to contact customer service at (208) 356-4101.
Typical Limited Warranty*
|Sephra™||Chocolate Fountain||Mfg's Limited Lifetime, Parts & Labor|
|Spring USA||Chocolate Fountain||Mfg's 1 Year Limited, Parts & Labor|
|Apex||Buffet Enhancement Products||Mfg's 1 Year Limited, Parts & Labor|
*For example only, please confirm applicable warrantees with either customer service or the respective manufacturer.
RETURNS: GOODS MAY NOT BE RETURNED WITHOUT PRIOR APPROVAL FROM CHOCOLATEFOUNTAINSALES.COM. IN ORDER FOR MERCHANDISE TO BE RETURNED, IT MUST BE IN THE ORIGINAL CARTON UNOPENED. PRODUCT MUST BE LESS THAN 30 DAYS OLD FROM DATE OF INVOICE. SPECIAL ORDER MERCHANDISE MAY NOT BE RETURNED. RETURNED GOODS MUST BE SHIPPED TO CHOCOLATEFOUNTAINSALES.COM AS DIRECTED, PREPAID AND INSURED AGAINST DAMAGE AND WILL BE CREDITED AT INVOICE LESS 20% RESTOCKING CHARGE.
RETURN AUTHORIZATION NUMBER: ALL CARTONS RETURNED MUST BE MARKED WITH A RETURN AUTHORIZATION NUMBER ISSUED BY CHOCOLATEFOUNTAINSALES.COM. MULTIPLE CARTONS MUST EACH BE MARKED WITH THE RETURN AUTHORIZATION NUMBER. TO OBTAIN A RETURN AUTHORIZATION NUMBER, PHONE CUSTOMER SERVICE AT (208) 356-4101.
NOTICE OF COPYRIGHT
All of the Content you see and hear on the ChocolateFountainSales.Com Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ChocolateFountainSales.com, one of its affiliates or by third parties who have licensed their materials to ChocolateFountainSales.Com. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws, and ChocolateFountainSales.Com owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. ChocolateFountainSales.Com reserves complete title and full intellectual property rights in any Content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from ChocolateFountainSales.Com.
CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON QUANTITY
The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you.
DISCLAIMERS -- GENERAL
THE WEBSITE IS OWNED AND OPERATED BY GLEN MUIR (DBA. CHOCOLATEFOUNTAINSALES.COM) ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, GLEN MUIR AND OUR AFFILIATES (COLLECTIVELY, "CHOCOLATE FOUNTAIN SALES") DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, CHOCOLATE FOUNTAIN SALES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, CHOCOLATE FOUNTAIN SALES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, CHOCOLATE FOUNTAIN SALES DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
CHOCOLATE FOUNTAIN SALES DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
CHOCOLATE FOUNTAIN SALES MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
CHOCOLATE FOUNTAIN SALES ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL CHOCOLATE FOUNTAIN SALES OR ANY OF THEIR EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY TARGET CORPORATION BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CHOCOLATE FOUNTAIN SALES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE CHOCOLATEFOUNTAINSALES.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF IDAHO, UNITED STATES OF AMERICA.